HomeMy WebLinkAbout2025-04-08 Work Session
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, April 08, 2025 at 4:30 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilman Doug Taylor
Councilman John Overton
Councilwoman Anne Little Roberts
Councilman Brian Whitlock
Councilman Luke Cavener
Mayor Robert E. Simison
ABSENT
Councilwoman Liz Strader
ADOPTION OF AGENDA Adopted
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Councilman Cavener, Seconded by Councilwoman Little Roberts.
Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts,
Councilman Whitlock, Councilman Cavener
1. Approve Minutes of the March 25, 2025 City Council Work Session
2. Approve Minutes of the March 25, 2025 City Council Regular Meeting
3. Approve Minutes of the April 1, 2025 City Council Regular Meeting
4. Final Plat Modification (MFP-2025-0001) for Vanguard Village Subdivision No. 1
(FP-2024-0012), by Clark Wardle, LLP., generally located 1/4 mile west of S. Ten
Mile Rd. on the north side of I-84
5. Final Order for Sky Mesa Commons Subdivision No. 5 (TECC-2025-0002) by Boise
Hunter Homes, located West of S. Eagle Rd., midway between E. Taconic Dr. and E.
Lake Hazel Rd.
6. Development Agreement (Fairview Drive-Through H-2024-0049) Between City of
Meridian and GRHH Fairview LLC and HC Fairview LLC for Property Located at
4300 E. Fairview Ave.
7. Resolution No. 25-2511: A Resolution Vacating Five Feet of a Ten-Foot-Wide
Permanent Public Utility, Drainage, and Irrigation (PUDI) Easement Encumbering
Lot 12, Block 9 of Graycliff Estates Subdivision No. 5, Being More Particularly
Described in Exhibit "A"; and Providing an Effective Date
8. Resolution No. 25-2510: A Resolution Vacating a Portion of the Existing City Water
Easement Generally Located on the Northern Portion of the Property Adjacent to
W. Baldcypress Street on Lot 1, Block 1, Smitchger Subdivision North, Being More
Particularly Described in Exhibit "A"; and Providing an Effective Date
9. City of Meridian Financial Report - February 2025
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
DEPARTMENT / COMMISSION REPORTS \[Action Item\]
10. Transportation Commission Update to City Council
11. Proposed Updates to Title 5, Meridian City Code - Parks & Recreation
EXECUTIVE SESSION \[Action Item\] Per Idaho Code 74-206(1)(f): To communicate with
legal counsel for the public agency to discuss the legal ramifications of and legal options for
pending litigation, or controversies not yet being litigated but imminently likely to be
litigated.
Motion to enter into Executive Session made by Councilman Cavener, Seconded by
Councilwoman Little Roberts.
Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts,
Councilman Whitlock, Councilman Cavener
Into session: 5:24 PM
Out of session: 5:39 PM
ADJOURNMENT 5:39 PM
Meridian City Council Work Session April 8, 2025.
A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, April
8, 2025, by Mayor Robert Simison.
Members Present: Robert Simison, Luke Cavener, John Overton, Doug Taylor, Anne
Little Roberts and Brian Whitlock.
Members Absent: Liz Strader.
Other Present: Chris Johnson, Bill Nary, Caleb Hood, Emily Kane, Jamie Leslie, Steve
Taulbee and Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader X Brian Whitlock
Anne Little Roberts X John Overton
_X_ Doug Taylor _X_Luke Cavener
X Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record it is April 8, 2025, at
4:30 p.m. We will begin this afternoon's work session with roll call attendance.
ADOPTION OF AGENDA
Simison: Next item up is the adoption of the agenda.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Move we adopt the agenda as presented.
Little Roberts: Second.
Simison: Have a motion and a second to adopt the agenda. Is there any discussion? If
not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda
is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
CONSENT AGENDA [Action Item]
1. Approve Minutes of the March 25, 2025 City Council Work Session
2. Approve Minutes of the March 25, 2025 City Council Regular Meeting
Meridian City Council Work Session
April 8,2025
Page 2 of 16
3. Approve Minutes of the April 1, 2025 City Council Regular Meeting
4. Final Plat Modification (MFP-2025-0001) for Vanguard Village
Subdivision No. 1 (FP-2024-0012), by Clark Wardle, LLP., generally
located 1/4 mile west of S. Ten Mile Rd. on the north side of 1-84
5. Final Order for Sky Mesa Commons Subdivision No. 5 (TECC-2025-
0002) by Boise Hunter Homes, located West of S. Eagle Rd., midway
between E. Taconic Dr. and E. Lake Hazel Rd.
6. Development Agreement (Fairview Drive-Through H-2024-0049)
Between City of Meridian and GRHH Fairview LLC and HC Fairview
LLC for Property Located at 4300 E. Fairview Ave.
7. Resolution No. 25-2511: A Resolution Vacating Five Feet of a Ten-
Foot-Wide Permanent Public Utility, Drainage, and Irrigation (PUDI)
Easement Encumbering Lot 12, Block 9 of Graycliff Estates
Subdivision No. 5, Being More Particularly Described in Exhibit "A";
and Providing an Effective Date
8. Resolution No. 25-2510: A Resolution Vacating a Portion of the
Existing City Water Easement Generally Located on the Northern
Portion of the Property Adjacent to W. Baldcypress Street on Lot 1,
Block 1, Smitchger Subdivision North, Being More Particularly
Described in Exhibit "A"; and Providing an Effective Date
9. City of Meridian Financial Report - February 2025
Simison: Next up is the Consent Agenda,
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Move we approve the Consent Agenda. For the Mayor to sign and the Clerk
to attest.
Little Roberts: Second.
Simison: Moved and seconded to approve the Consent Agenda. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it
and the Consent Agenda is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Meridian City Council Work Session
April 8,2025
Page 3 of 16
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: There were no items moved from the Consent Agenda.
DEPARTMENT / COMMISSION REPORTS [Action Item]
10. Transportation Commission Update to City Council
Simison: So, we will move on to Department/Commission Reports. First item up is Item
10, Transportation Commission update, and, yes, it will be our Commission President
Mr. Steed.
Steed: Mr. Mayor, Council. I wish I could run through an agenda like that. We are
pleased to be here today to talk about the Transportation Commission end-of-year
report for 2024. I'm Walter Steed, the chair. Other members are Jared Smith, David
Ballard, Stephen Lewis, Tracy Hopkins, Ryan Lancaster, Tom LeClaire, who is here
today. Zachary Shoemaker. Hoyoon Song and Lily Miller. The Transportation
Commission was formed in February of 20 -- of 2013 with the Ordinance No. 13-152.
The Commission consists of nine appointed commissioners and meets in the Council
Chambers on the first Monday of each month. Myself and Jared Smith served as chair
and vice-chair respectively in 2022, '23 and '24. 1 was re-elected to chair in '25 and Tom
LeClaire, who I said is here today, was elected vice-chair. Hoyoon Song served as the
youth commissioner from October '23 through September of '24, when he was replaced
by Lily Miller. Other members of the commission have been on it for years.
Representatives from the Idaho Transportation Department, District Three, Ada County
Highway District, COMPASS, Valley Regional Transit and the West Ada School District
participate regularly as ex-officio members. Under the direction of Caleb Hood, Heather
Hill provided primary staff support to the Commission for most of 2024. Tishra Murray
Hillary, deputy city attorney, provides legal guidance and from the police department we
have either Sergeant Tara Smith or Corporal Trevor Weitzel who comes to most
meetings and provide updates and expertise related to traffic issues and safety. City
staff provides the Transportation Commission monthly updates on the progress of ITD
and ACHD projects regarding design and construction. At each meeting we set time
aside for all the of the ex-officio members to provide monthly updates on activities in
their particular areas. Other city staff and staff from ex-officio agencies interact with the
commission from time to time, as do members of the public. Different from other
commissions and committees, the Transportation Commission does not deal in projects.
We deal with specific questions and situations brought to us by city departments, other
transportation-related agencies and citizens. In January and February of '24 the
commission prepared their recommendations to the Council on the highest priority
roadway and intersection projects, as well as community programs for 2024. This work
was the culmination of the commission's work from previous months, including
recommendations from our own prioritization subcommittee. In March the Commission
re-evaluated the list of road and intersections, as well as community program projects
following the City Council's review of the draft list in late February and the questions and
concerns that followed. Kristy Inselman of ACHD provided the commission with an
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April 8,2025
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overview of the downtown Meridian neighborhood transportation plan. In April Kim
Warren from the city's parks and rec department shared an overview of planning for
pathways, maintenance of GIS pathway maps and discussed in-house pathway design,
implementation and an overview of the development entitlement process. Also in April
we had Dan Gorley from ITD present to the commission the State Highway 16 project,
addressing -- addressing the vision, the timeline, construction updates and talked about
future interchanges. At the Transportation Commission's request Caleb Hood provided
a refresher on section line arterial roadways, most of which are planned to be preserved
for five lanes. Mr. Hood shared concerns with some of the listed roadway segments
and impacts to the community if they were built out to the plan right-of-way width as
shown on ACHD's master street map. In May Brooke Green from ACHD provided a
presentation on the Linder Road, from Pine to Ustick, concept study. She provided a
summary of the previous public involvement meetings, the status of current meetings
with property owners, revised concepts, including the number of parcel acquisitions
required and high level cost estimates for all three alternatives. The Commission
recommended to the City Council support of concepts number two and three. During
the May meeting Emily Kane of the city's -- city attorney's office presented upcoming
changes to the Meridian City Code to us with the objective of updating ordinances and
simplifying processes as part of the City of Meridian's 2021-2025 strategic plan.
Following up on a Mayor's letter to ACHD regarding the Locust Grove-Amity intersection
project, the commission didn't make a recommendation or a motion for an interim
intersection and stood behind the city's prioritized list of projects in the integrated five
year work plan. In June Mr. Hood returned to request a recommendation from the
Commission in anticipation of sending a formal request from the city to ACHD to amend
the master street map. The commission also received a report from Justin Price at ITD
on crash data at the Cherry-Linder intersection from 2021, '22 and '23 following a
citizen's concern about the safety of U-turns at that signalized intersection. No changes
imposed by the Commission. John Lawson from ACHD also shared that ACHD is in the
process of installing approximately 80 speed bumps across Ada County. In July Mr.
Hood provided a copy of the letter that had been sent to the -- to ACHD addressing the
city's request to increase all section line materials from three lanes to five for one
hundred feet of runway. Segments of Fairview and Overland, which are currently
preserved for seven lanes or 120 feet of right of way, were excluded from the
recommendation until such time as traffic counts could be evaluated. Heather Hill
shared with the Commission that City Council had chosen concept number two, a
standard five lane road without roundabouts for the Linder Road concept study. Seth
Jarsky from ACHD provided us an update on the Ustick, Owyhee Storm to Black Cat
project, including community survey results. Miranda Carson, who used to work with us
and now works for the West Ada School District, announced that the Durham school
service -- that Durham school services will be providing their busses starting in the fall
of 2024 under a five year contract. In August a new draft of ACHD's integrated five year
work plan for 2025 to '29 was shared. There were several adjustments to the projects
for commission and staff to digest. John Lawson of ACHD reported that ACHD had
conducted their evaluation for the previously discussed Lost Rapids-Bird Park
intersection and found that there were adequate gaps in traffic to allow for crossing and
that a painted crosswalk was not needed at that time. In September commissioners
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April 8,2025
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and staff met at the Meridian Police Department public safety training center for an
informational presentation and demonstration of the crash reconstruction process. We
found it extremely informative. In October the Commission received a presentation from
Mindy Wallace of ACHD on the traffic impact study process. Alissa Taysom of Valley
Regional Transit brought us up to date on ridership following the June 2024 service
change they had made on fixed route bus services. In November Mr. Watson provided
an update on ACHD's investigation of visibility and sight distances at the intersection of
Corporate and South Progress, which was based upon a request that had been
received by the Mayor's office. There was also continued discussion about traffic
impacts from Rock Harbor Church on the intersection of Farm Way at Chinden -- Tree
Farm and Chinden and the ability of residents to access their homes. In December
Heather Hill provided a recap of ACHD's draft traffic calming policy process as part of a
final opportunity to provide feedback and comments to ACHD prior to policy adoption.
Mr. Hill also provided an update -- Mrs. Hill also provided an update on the commission
efforts related to the Meridian intersection pedestrian safety report and identified
projects to move forward using funds allocated by the City Council in your FY-25
budget. You may find a complete record of TC minutes on the city website. Recently
the Transportation Commission has experienced a decrease in items on our agendas.
When Council members have contact from their constituents or others regarding
transportation issues we would be pleased to provide consideration and input. The
Transportation Commission is grateful for the opportunity to provide service to the
citizens of Moscow, to the Mayor, the City Council, regarding transportation systems in
our community. Thank you very much.
Simison: Thank you, Mr. Chairman. Council, any questions?
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Steve, appreciate the presentation and if my math is right I think you guys are
the longest tenured commission that we have, meaning there isn't -- to your point there
is not a lot of turnover in your commission. You guys are very seasoned. You do the
work really well. I have been asking this to all of our committee chairmen that have
been before us is what's something that you think is really important for the City Council
to be aware of about your community. What's something that we should be considering
as we are doing our work up here that is supportive of your work that you do as a -- as a
commission?
Steed: I moved to Meridian full time in 2018 and, then, from north Idaho didn't -- did not
Look forward to coming down here because of the traffic I have become a fan of the
traffic, because you can actually get around here. You can move -- yes, you can stop
occasionally, but I think it moves relatively well. But we work very hard upon specific
questions about certain intersections, school zones, other things to do with
transportation to try to tweak it better if we can to make it work even better. The rapid
growth in this community is just mind boggling and I don't have to tell any of you that
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April 8,2025
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and that's part of what we are trying to keep up with as well. So, again, if you hear from
your constituents about corner of walk or don't walk, we would be happy to take a look
at it. May or may not come up with a recommendation, but I'm sure we will learn more
about it. I cannot praise ACHD enough for their time they put in with us to talk to us
about what's going on. ITD is extremely good, as are the other ex-officios. It's a very
interesting commission as I say and you are correct, there are four or five people on the
nine member commission that I can't even remember how long they have been on.
don't know if they have ever told me. But you are correct, a of -- a lot of long -- long
timers.
Cavener: Thanks. Appreciate you being here.
Steed: Thank you.
Overton: Mr. Mayor?
Simison: Councilman Overton.
Overton: You know, Walter, you just kind of remind us of kind of what a great city we
live in, because we know we are all about traffic here. We are that -- and I say it all the
time, we are the center of that wheel. We are that spoke and everybody drives through
Meridian. But we have so many different ways that we address traffic, whether it's our
relationships with ACHD, whether it's our intersection task force, whether it's being on
COMPASS's board, whether it's our transportation commission. I mean we don't just
take one stab at it. We have got so many different groups and sets of eyes looking at
problems and strategies and issues and long-term solutions that you just reminded me
as you went through that list of things you guys were doing of what a fantastic job you
are doing and how the reason we keep traffic moving through this city is because of
your efforts and the efforts of others, the fact that we take it so seriously on so many
different levels. So, much appreciated for all of the hard work you guys put in.
Steed: Thank you, sir.
Simison: Thank you very much. My month sitting with you I get an abridged version of
what's really going on in Meridian and how I'm doing, so thank you, Walter.
Steed: And I will tell the Council that there are a few things that you will never hear
about, because we discuss it with the Mayor and take care of it. Thank you, Mayor.
11. Proposed Updates to Title 5, Meridian City Code - Parks & Recreation
Simison: Absolutely. Okay. With that we will move on to Item 11 , which is proposed
updates to Title Five Meridian City Code Parks and Recreation is our Ms. Kane.
Kane: Thank you, Mayor and Council Members. I'm Emily Kane. I'm a deputy city
attorney for the city attorney's office. You have heard me say it, but I'm going to repeat
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April 8,2025
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it just for the record and for our adoring public, the -- undertaking an effort to review and
kind of overhaul, streamline the city code as part of the 2021 to 2025 citywide strategic
plan goal to -- it says to perform a complete review of all ordinances, codes and policies
in the city to assess their value and relevance to the community. So, we have been
doing that and we have arrived today at the parks code. So, a few preliminary notes
before I jump into the code itself. So, one thing that I'm recommending is that we move
the Parks and Recreation Code from Title 13 to Title 5. Title 13 is kind of an outlier,
because we don't have a Title 12. So, there is a back story there, but I will spare you.
But this would make it so that Title 11 would be the end and, then, our titles would be
consecutive. So, that would close that gap. The -- so, Title 5 is currently for the fire
department, but the provisions that were there regarding -- well, open -- open burning
and different fire-related topics have been moved to Title 4, public health and safety,
and, then, there are some administrative provisions that would be moved to Title 1,
which is city administration. The -- one of the -- one of the things that we did was to
meet the Mayor's challenge -- challenge to shorten the time frame for processing permit
applications. We have a short-term concession permit and an amplified sound permit
and we shortened the processing period for both of those. We worked to clarify the
enforcement tools, who -- and who are authorized personnel and what kind of penalties
we have for violations of the parks code. Finally, I would add -- this was in the memo
with some more -- some longer notes, but I did present these proposed changes to the
Parks and Recreation Commission at their February meeting and they had some really
good feedback, which we incorporated into the draft that you have now. So, I will move
now to jump into the code itself, the draft that's in your packet and, again, there is no
super entertaining way to do this, so I'm just going to start at the top and go to the
bottom. I'm going to try to hit some highlights, so that we don't -- we are not here all
night. So, if I skip over something you want to talk about just, please, stop me and we --
we will do that. So, starting at the top I'm going to blaze through the definition sections
and -- section and go to page two. So, section -- or Provision N in the definitions is the
definition of sell. That's a new provision that helps clarify what we are talking about
when we talk about commercial activity in city parks. So, it's exchanging goods and
services for money. It's trading stuff. It's offering things for sale even if you are not
selling things or offering to trade or give things away., So that's activity that is kind of
changing what parks are for. So, that's something that we address with -- with some
regulations. So, more on that activity later. Also on page two there is a big chunk of
text that is deleted regarding Steve's, the director's, duties and authority. That is an
example of something that was moved also to Title 1 . So, we are already on page
three, use of park amenities. This is -- there is not a lot changing. I'm -- I'm suggesting
a few clarifications and re-words and eliminating some extra language that we have in
there, but really no big changes. So, moving on to page four. Specific really regulated
uses of parks. So, this is where we talk about what people are -- are doing in parks
other than just the normal use of the parks like we have programmed for the parks. So,
we have special events and outdoor markets. No real changes there. I'm suggesting
the elimination of some language that's -- it -- I think we put it there to talk about short-
term concession permits and when they are and are not required. At this point it's -- we
have really got that down to a science. I keep saying we, but it's the Parks Department.
They are -- they are really using this and -- and working on it, but I will just keep saying
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April 8,2025
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we, the -- the royal we. The city. So, short-term concession permits. We will talk about
that later, but we really don't need to talk about that under special events, because that
-- those are two different things. Mobile sales units. No -- no big changes there, except
for that -- that same elimination of language that we don't need. Short-term concession
permits. So, this is an area where the short-term concessionaire is a vendor who sells
food and beverages in parks and so we do want to regulate that to a degree. It doesn't
rise to the level of a TUP, it's more like a food truck or a hot dog cart or something like
that, but it's typically attached to a reservation or another use that's going on. So, a
tournament or even a game. Sometimes Heroes Park has a big game day and so
sometimes they invite a food truck or it's really just a vendor that's attached to -- to a
reservation or to a -- not a special event, but to something else that's going on. So, they
are kind of a loner, but they -- we do exercise some oversight, because they are
interfacing with the public. They are using our park for commercial activity. They are
serving food and drinks. So, that does require some oversight by Central District
Health, so we make sure that they have that and, then, we make sure that we have their
insurance information. So, the -- there is one little change where we -- I'm
recommending that we change the inviting party. So, the party that invites the special --
or, sorry, the short-term concessionaire from the reservation holder -- or from the
director to the reservation holder. So, that gives the reservation holder and the -- the
users of the park the control over what their -- what is happening at their event, at their
activity. We had it originally as Steve and so that gave the city the control, but we really
don't need that. That -- what we find is that we were just doing it on behalf of the
reservation holder. So, this cuts out the middle man. We talked a lot about what
launches just the regular use of the park into a special event and really it's the number
of vendors that you have there. So, what we are recommending is that there is one
short-term concessionaire that's allowed to operate under that kind of system. If there
are two or more that's really a temporary use permit. I talked to Skyler about that
actually just today and he said that seems to be working. This is a -- this is something
that we are already doing to say that that's the line between just regular use of the park
with a food truck and a special event. So, two short-term concessionaires, two vendors,
that -- that means that what you really need is a temporary use permit and that --
because that changes kind of the scope of what you are doing. So, that clarifies that
aspect of that. Moving on to page six, again, eliminating some -- some language that
we don't need, eliminating some stuff from the application process that we really don't
use and don't need. Clarifying some of the insurance information. Now, I'm on page
ten. Nope. Sorry. I'm on page seven. We -- this is an example of where we were able
to trim the application processing period. The -- right now short-term concession
permits take 21 days to process and I -- really they don't typically take that long. We are
very -- we -- again, the Parks Department is very quick, but if we have two weeks it's --
that -- we can do that. That really is still enough time, if not too much time, but that
gives us a little window in case we have a lot that come in at the same time. So, cutting
some time off of that application period to better serve the public. We don't currently
have in our code standards to deny a short-term concession permit, which really doesn't
come up too often, but it is a bit of an oversight. So, this adds some provisions that
make it so that if we have to we can say we can't grant you a permit for this activity and
it's really just timeliness or we don't have what we need. You haven't submitted typically
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the insurance information. Or this allows us to say our contract concessionaire at the
park is already serving exactly what you are going to be selling. So, rather than set up
a competitor with our own concessionaire we can deny and say that we are not going to
let you have that particular -- or sell that particular item for this. It also adds a health
and -- health and safety provision that gives us an out if we need it. Again very rare.
Everything is going really well, but just kind of looking ahead in case we need that tool.
Moving on to page eight. So, general park regulations. So, spend some time here with
the Commission. One kind of the overarching thing that I'm suggesting here is that we
make -- unless it otherwise states that we make all violations an infraction with a set
penalty of one hundred dollars. Enforcement is really quite rare. This is really just a list
of rules that allows the park staff to maintain order. It helps everyone know what the
rules are. Boundaries for all. And it's really unusual for the police to be involved to
issue a ticket at all, but this is the tool that's available to them if it's necessary. We
currently have kind of a checkerboard, a smorgasbord of all different fines, all different
penalties. Some violations or misdemeanors and some are infractions and this really
just clarifies that very few are misdemeanors and most of the violations will be
infractions. Moving on to page nine. So, alcohol. There is one change. This -- this
provision was recently -- fairly recently updated and it's working well. One change that I
would recommend is that we codify our current practice of tying alcohol use to a shelter
reservation. So, that is alcohol permits -- so, consuming alcohol at a private event we
do require -- we do allow that, but we require that that be tied to a picnic shelter. So, a
reservation is necessary in order to consume alcohol at a private event. That helps us
somewhat contain the alcohol use and kind of track and know that it's happening really,
but this -- this is a practice that works really well and so I would recommend that we
incorporate that into the code. Next up is amplified sound. So, Garrett White has spent
quite a bit of time kind of thinking about this and working on an internal policy that
customizes the distance between the amplified sound and where -- where we measure
the decibel level of the amplified sound. So, for example, in Kleiner Park there -- that's
a big area that can be -- there can be a little more -- I will just say that can be a little
noisier and there -- it's kind of built for that. Whereas some of our neighborhood parks
really it's -- it's different. It can't be as loud before it starts to affect the residential areas.
So, Garrett has -- has prepared a policy that establishes that distance for each park
and so this proposed code update would say that -- that policy controls the levels.
There is kind of a default provision for everyday use, but if a person is using an
amplified sound device, the more -- more decibels are allowed it can be a little bit louder
and the permit controls how -- how loud it can be. It's hard for me to talk about noise.
It's feels very sciencey, but I think I'm making sense. The takeaway is that Garrett has it
figured out so that the amount of noise is governed by the amount of space. So, I think
-- I think that can work.
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
Taylor: Probably not to discuss right now, but I think it would be interesting to know
what it looks like for the -- those seeking the reservation, is it going to be obvious how
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loud or -- I mean we might have a policy, but how does the public interpret that? So, not
to be discussed now, but maybe, Garrett, we can -- help us understand would be like for
the customer who is, you know, doing that, so they can understand how they are going
to be using the park, because it seems complicated what you are describing, but I'm
sure Garrett's going to just totally simplify it so we all understand it. But I think that
would be helpful.
Kane: It definitely can. He has done it for me. So, it makes sense when Garrett talks
about it. There is -- I will tell you there is -- you can now use your phone as the
decimator, so you can download an app and determine, you know, I'm standing at the
back fence, okay, play the -- play the music and you can determine how loud it is as a --
both as a test and as for enforcement. So, it's -- it used to be that code enforcement
had to go out with a special machine with a decimator, but now we all have them in our
pocket. So, that is part of what makes it simpler and part of why customizing it makes a
lot of sense, so that you can be louder at our bigger venues. Okay. This is another
area where we have shortened the application period. The -- we currently have a 21
day period and we have shortened it to seven. Those are pretty quick permits,
especially with the handy policy. Move on to page ten. Not many changes. We did add
-- I'm recommending the addition of Section G, commercial use of city parks. So, this is
an area that kind of clarifies that -- or -- the parks really are not meant to be sales
rooms. This is not the main use of city parks. City parks are programmed for their
intended uses and this clarifies that without permits, without some oversight or approval,
general commercial use of city parks is -- is not allowed. So, we are not -- occasionally
we do see the reservation of a picnic shelter for commercial use and, really, that's --
that's not what it's for and, you know, there are a lot of requests to set up a table or a
tent or just kind of set up shop in the park and really what we have determined is that's
-- that's not what people want to see in parks. So, this helps clarify that. The -- at the
end of page ten some of the tree provisions I moved into this section. Defacement and
damage prohibited. So, you will -- we will talk more about trees toward the end, but this
is a -- this is an existing provision that I just moved up. Moving on to page 11 . Dogs.
Fences. Fires. Fireworks. Rearrange some fishing. The fishing provision. The glass
section. There is an update. Right now no glass containers are allowed, the -- but the
change recommends that glass containers are disallowed only on asphalt, concrete or
other hard surfaces. It's been pointed out that really people are -- people are drinking
out of glass containers when they are sitting on the ground and really there is not that
much risk of broken glass. So, that is the recommendation. Page 12. 1 removed the
horseback riding prohibited section, because we just don't see horses in parks very
often anymore. When I first started working here we occasionally did, but that's not
something we actually probably need. All right.
Simison: Or it was so good at keeping them out --
Kane: Yes. I would be glad to put it back if that's a concern still. My mania to eliminate
and streamline. The motor vehicle code is the same, but I did add the exception of the
addition of a new provision. So, we have seen an uptick in people getting together in
parks and doing kind of tricks with their -- with their vehicles. So, racing and people
Meridian City Council Work Session
April 8,2025
Page 11 of 16
standing up and doing different -- different maneuvers that are not safe for -- for them or
for the public. So, Ohio actually introduced a bill -- and I don't think it passed, but it's
governing hooning, which is an Australian word for just that, doing these fancy tricks
with your car in public. So, this is borrowed from that bill and it does reflect what we are
seeing and this would give the police the tools to kind of deal with that specifically. So,
there -- it's -- it can be tricky when they are not on a public roadway, but this is city
property and so this helps control some of that -- or regulate some of that -- some of
that behavior that we are seeing. That would enable police to give tickets for that. At
the bottom of page 12 pathways. This is a new provision. So, we did -- we learned
from our neighbors. So, there was a big discussion with -- with regard to the Green Belt
at the county commission. I think it's been over a year now, but they talked a lot about a
speed limit on the Green Belt or how to -- how to deal with congested areas where
people are going too fast and not sharing the space effectively with motorized vehicles,
bicycles and pedestrians. So, we don't see as much of that here, because we don't
have as much congestion. We have more wide open spaces and there are places
where it's a little more crowded, but we don't really have that -- the same issues as are
on the Green Belt in Boise. However, we do have some issues and this -- these
provisions are intended to address them. So, this suggests that we would prohibit on
pathways the use of cars, which that makes sense. UTVs and golf carts. There was
some discussion about this at the Parks Commission. There -- and the Parks
Commission was generally in the end okay with it. I'm not sure every member of the
commission was. What we see a lot of is people using golf carts to go from one part of
their neighborhood to another on the pathway or one neighborhood to another on the
pathway and that's not a huge deal at this point. We don't see a lot of conflict. There is
-- there is some, but this does offer some clarity. It offers an answer to the question
what is allowed and what is not allowed. So, there is some -- some room there for
discussion, but this is -- this is the recommendation.
Simison: And, Emily, we had some context, because this is an area that we spent a lot
of time on. What I was trying to make it very simple for our police department to be able
to look and see, because initially the conversations were, you know, was it electric or
was it gas? You know, can't look and tell if something is from a distance in that context.
So, what we really try to get down to is can it be licensed by the state or not. If it can be
licensed by the state it should be on the roadways. If it can't be licensed, then, the
pathways are at least a place where it can in theory be allowed to exist. So, that's kind
of -- since golf carts are in that category where you can license them and drive them
legally, if that's what you -- how you want to use your golf cart, then, you have a means
to make that happen to do so effectively. So, that's -- that's what we really tried to like
get it into for the most part.
Kane: The top of page 13 we added a reasonableness standard. Those can be --
those can be tricky for enforcement. It's -- it's somewhat of a judgment call, but it at
least allows -- allows some intervention in the event that someone is not acting
reasonably, not acting prudently. It's -- again Meridian is different, because there are
areas of pathways where you could go really fast and not hurt anybody or endanger
anybody and there are some areas where that really wouldn't be safe and that wouldn't
Meridian City Council Work Session
April 8,2025
Page 12 of 16
-- be reasonable. So, this is an attempt to acknowledge that, really, we -- what you are
doing needs to depend on where you are and how many people are around you. So,
that's -- that's an attempt. This is similar to the language that Ada county ended up with.
So, this is consistent with our -- with our neighbors throughout the valley. Deleted --
deleted some provisions at the bottom that are covered elsewhere or I moved them
somewhere else to consolidate. Going down to page 14. So, trespassing in parks.
This is not new. It's -- it is existing language that's updated a little bit to reflect different
code provisions and clarify a little bit, but it's moved up so that it's clear that trespassing
in parks is a parks violation or prohibited activity. So, instead of spreading that out
throughout the code it's now in this -- in the section that's for prohibited activities. There
are this little preview, so, we have -- we have park ejectment, which is just please leave
for the day and don't come back today and we have park exclusion. So, that's a bigger
deal, because that is telling someone you need a longer time out. You need to leave for
two weeks -- up to two weeks. So, I will talk more about that in a minute. But this is the
-- the provision that says if you violate one of those two orders, then, that is itself a
violation. Still -- still an infraction. Okay. On the bottom of page 14, park operations.
So, a big deletion here, because this is covered in Title 3, Chapter 1 . We adopted a
uniform appeals section for -- for all grievances and that's -- so, that's covered in Title 3.
So, we can skip all the way to bottom of page 15. 1 updated the enforcement provision
to reflect our current staffing. Code enforcement officers and community service officers
also help with -- with some issues in the park, parking and different -- different --
oversight of different park activities and prohibited activities. Top of page 16. So, this is
the exact -- ejectment code. So, we do have this now. This is not new. But it does
clarify kind of the mechanism of how that happens. So, it's a verbal warning. It's a
verbal command to leave. So, in the event that someone were asked to leave and they
didn't, then, that would actually be trespassing, but this is the step before that to say this
empowers park staff, code enforcement officers, community service officers to say you
cannot be here. You violated the rules. I need you to leave. So, it's actually -- it can
happen in addition to a ticket, but it's kind of an interim measure to save maybe we can
just cool things off and try again tomorrow. So, that's not new, but I did -- I did update it
a little bit. The companion is in Section E. So, there is an exclusion notice. So, again,
this is not new. We did -- we are recommending an extension of the allowed time to
exclude. The police pointed out that our current -- our current days of exclusion, seven
days actually did -- would not stop someone from coming back the next weekend, so
you could be excluded on a Saturday and be right back there the next Saturday. So,
this would help, again, kind of de-escalate things, give everyone a little break and say,
okay, 14 days, that's two weekends from now you can come -- you can come back
then. This is a -- it's a little bit bigger deal, because we are asking someone to leave
public property. So, this is a -- it requires it to be in writing and it needs to be -- it's going
to be typically delivered personally to the -- the offender or -- or mailed if we -- if we
know their -- their address, which would -- implies more -- some more contact probably
by the police at that point. But this is a tool we already have in place and it just clarifies
kind of how we do it and exactly the mechanism of -- of how that's done. The appeal of
this exclusion notice necessarily needs to be pretty quick, because it's already a short --
it's immediate -- immediately applicable and it's a short period. So, currently the -- the
person that would want to appeal has an avenue of appeal to this board to City Council.
Meridian City Council Work Session
April 8,2025
Page 13 of 16
That's not always practical, because the -- this board meets once a week. So, this
suggests a change to the police chief being the -- the reviewer and so it would be more
of an administrative internal staff level appeal right. Page 17. So, that brings us to the
end of Chapter 1 and to the beginning of Chapter 2, which is the city arborist. The
National Arbor Day Foundation runs the Tree City USA program and they have some
criteria for what is needed to qualify for that designation and so the updates that you are
seeing here are largely to -- well, it's -- it reflects what we are doing and what we want to
do, but it also is necessary to comply with the Tree City USA requirements. That's part
of the motivation, but it also helps us clarify the duties of the city arborist and who -- who
does what with regard to trees. So, we -- our city, as you know, is part of a highway
district. So, the right of way and the right of way trees are actually not -- they don't
belong to the city, like they would with a city that has a street department. So, this
clarifies that our oversight is over trees that are located on city property, which is mostly
going to be parks and other facilities, but that's the purview of the city arborist. Other
cities, again, have broader authority, but this is -- this is what we are doing now and this
is really within the scope of Kyle's -- Kyle's job description. Page 18. So, his -- his
duties -- the city arborist duties are listed here. It's a little bit longer list. I did remove
establish and maintain inventory of public trees. We really don't keep track of every
single tree on its -- on its own, but we did add provisions five through nine and these are
largely for Tree City USA to clarify what we do to qualify as the Tree City USA, including
coordinating and promoting Arbor Day, education programs, coordinating with other city
departments about tree care, like at it's -- it comes up when we are talking about
streetlights or probably occasionally at the water department or the wastewater
treatment plant. That would be unusual, but it's surprising how much trees come up on
a -- in our day-to-day life. So, this really just clarifies that Kyle -- people can call Kyle to
talk about -- to talk about trees, which they are doing anyway. This also incorporates
tree planting and care standards. We used to have extensive standards. We shrunk it
down and we went a little too far last time. So, we are swinging the pendulum back to
the middle. We are incorporating by reference the National Standards for tree care
operations. Those are already published by the International Society of -- of
Horticulturists, so that is -- that's what we follow already and that just clarifies that that's
-- that's our standard. We make reference to private trees. You have to follow the UDC
and the nuisance trees. The city arborist also has a role in that. Then all of these
provisions regarding damage to trees is either somewhere or it's implied.
Simison: Councilman Cavener.
Cavener: Emily, I want to just stick with you at least on the duties of the arborist,
because I want to make sure that I -- I feel like at times that this part is laying out here
is how the arborist does trees for like city trees, like City of Meridian trees that we own,
trees that we plant, but, then, the part about nuisance trees that certainly feels like what
I would plant in my yard and so when I -- when I look at Item No. 10, recommend a list
of public tree species appropriate for planting, a list of prohibited public tree species and
an official set of spacing requirements, to me that feels a little bit like both. Is -- is the
arborist really going to tell somebody how far they have to space a tree when they are
Meridian City Council Work Session
April 8,2025
Page 14 of 16
planting it at their house? Because that's how I read it and I want to know if I'm just
being -- if I'm not reading it the right way.
Kane: Mayor, Council Member Cavener, so remember public tree is defined as city-
owned trees. So, that's the -- I see what you are saying, but that's the trick is that it only
applies to our own trees.
Cavener: Okay.
Kane: So, the arborist recommends which species we will plant, prohibited species that
we won't plant, and, then, where we put them, so that they grow -- they have room to
grow.
Cavener: Perfect. Great.
Kane: So -- but to your point, the arborist does, in Section 5-2-4C have a role to
support code enforcement with nuisance trees, which are and can be on private
property. So, that -- the city steps in when a tree on private property is posing a hazard
to public health or safety where it would fall over or drop branches or --
Cavener: Totally got that.
Kane: Okay.
Cavener: If -- if we were requiring where people had had to space their trees I felt
that's probably a bridge too far, so I appreciate that clarification.
Kane: Okay. Okay. And we are near the end. Again, most of the prohibition against
harming public trees -- this is not new. It's a little more extensive to clarify what is not
allowed. We did add construction near a public tree. People doing construction near a
public tree, just need to let the city arborist know, so that we can take action to deal with
-- or to mitigate any effects that that might have on the tree. That is -- I have arrived at
the end.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: A couple more on this particular one. Am I reading this, then, right on 5-2-6
that the violations of those park tree damage would be a misdemeanor?
Kane: Mayor, Council Member, yes. And I would recommend that we have it be a
misdemeanor, because with a misdemeanor the court can order restitution, which can
be a big deal with -- with trees. So, if someone damages a city tree then being
convicted of a misdemeanor or certainly having that in the mix would allow the city to
recover for the cost of the tree.
Meridian City Council Work Session
April 8,2025
Page 15 of 16
Cavener: Mr. Mayor, follow up.
Simison: Councilman Cavener.
Cavener: I appreciate that. There is a piece in here, though, that makes me a little
uncomfortable and that is climbing of a tree and we are making climbing trees in
Meridian in misdemeanor. I don't think that is our intent, but if I'm reading it that would
be my takeaway.
Kane: Mr. Mayor, Council Member Cavener, that is the intent. So, if you are against
that we would need to make that change.
Cavener: Appreciate it. Thanks.
Taylor: Mr. Mayor?
Simison: Councilman Taylor.
Taylor: Just a quick follow up to that. Is it a -- it is more of a city liability issue or is it
actually focused on the health and well-being of a tree to keep people out of the tree?
Kane: Mr. Mayor, Council Member Taylor, I -- I would say it's both. I think climbing trees
is super fun, but it can damage the tree and, of course, we don't want people falling.
So, it is prohibited.
Simison: Any additional questions, comments, thoughts, observations?
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: I think from a process standpoint the goal is great. Legal staff sends us as a
draft, so we can kind of glance at it, go through it. Ms. Kane, then, provides this
overview. Get another little bit more time to noodle on it. Public hearing. Then an
action. So, if you don't have questions or thoughts right now that's okay, but I was really
negligent in getting feedback to Ms. Kane on this last round. So, I'm going to try and be
a little bit better about that and just would encourage if you have got thoughts, connect
with our great legal staff and they will give you some good clarification.
Simison: Okay. And, Emily, it's been a pleasure working with you on this project. This
is one of the ones that had a lot more dialog and injection and I didn't catch the climbing
of the trees. I don't know that we -- is a -- you know, it does seem a little silly in some
regards, but maybe we can just spike the trees the way we do out here in front of City
Hall with the -- so, you can't do skateboarding, you know, to keep people off of them and
create -- I know we can't do that, but it is a little different and unique and I think that is
one that deserves a little bit more discussion on what is appropriate or not. At least it's
Meridian City Council Work Session
April 8,2025
Page 16 of 16
from my standpoint, so -- appreciate it. Okay. Well, will let you put together a time
frame moving forward and get the information out for any additional feedback and to
bring it back.
Kane: Mayor, would you like me to come back with another presentation to Council or
public hearings next step?
Cavener: Public hearing I think is --
Kane: Okay. Okay. Great. Thank you.
EXECUTIVE SESSION [Action Item] Per Idaho Code 74-206(1)(f): To communicate
with legal counsel for the public agency to discuss the legal ramifications of and
legal options for pending litigation, or controversies not yet being litigated but
imminently likely to be litigated.
Simison: Thank you. Okay. With that next up --
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Move we go into Executive Session pursuant to Idaho State Code 74-
206(1)(f).
Little Roberts: Second.
Simison: Have a motion and a second to go into Executive Session. Is there any
discussion? If not, clerk call the roll.
Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea;
Whitlock, yea.
Simison: All ayes. Motion carries and we will go into Executive session.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
EXECUTIVE SESSION: (5.24 p.m. to 5.39 p.m.)
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 5.39 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
Luke Cavener, Council President 4-22-2025
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the March 25, 2025 City Council Work Session
Meridian City Council Work Session
March 25,2025
Page 21 of 21
Bird: Thank you so much.
Simison: Council, we have reached the end of our agenda. Are there any comments or
a motion to adjourn?
Little Roberts: Mr. Mayor?
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Thanks, Mr. Mayor. Team, before we wrap up, I know there is still some folks
that are in the audience and I know Dave sent us an e-mail just announcing the
passage of Lila Hill and I just want to take a quick moment and just thank Dave for
sending that to us. I know Lila was a very unique individual with strong opinions on just
about everything and when Blaine was giving his presentation I wish that I could have
had Lila with me to hear her opinions, the good and the bad. I'm sure that she would
have offered about what HPC is doing and I just wanted to take a moment and
recognize her impact in our community. While never elected was certainly a leader and
a driver of many leaders in our community and I just -- I want to take a moment.
Thanks, Dave, for sharing that sad news and just to take a moment to recognize her
impact. So, thank you, Mr. Mayor. And with that I would move that we adjourn the
workshop.
Simison: Motion to adjourn. Do I have a second?
Little Roberts: Second.
Simison: Motion and a second. 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 5:36 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 4-8-2025
ATTEST:
CHRIS JOHNSON - CITY CLERK 4-8-2025
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the March 25, 2025 City Council Regular Meeting
Meridian City Council
March 25,2025
Page 13 of 13
Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea;
Whitlock, yea.
Simison: All ayes. Motion carries and the item is agreed to. Have a good evening.
Thank you very much.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
FUTURE MEETING TOPICS
Simison: Council, anything under Future Meeting Topics or do I have a motion to
adjourn?
Little Roberts: Mr. Mayor?
Simison: Council Woman Little Roberts.
Little Roberts: Mr. Mayor, I move we adjourn.
Taylor: Second.
Simison: Motion and second to adjourn. All in favor signify by saying aye. Those
opposed? The ayes have it. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 6.31 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 4-8-2025
ATTEST:
CHRIS JOHNSON - CITY CLERK 4-8-2025
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the April 1, 2025 City Council Regular Meeting
Meridian City Council
April 1,2025
Page 12 of 12
Strader: Second.
Simison: Have a motion and a second to approve Item TECC-2025-0002. Is there
discussion on the motion? If not, Clerk call the roll.
Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea;
Whitlock, yea.
Simison: All ayes. Motion carries and the item is agreed to.
MOTION CARRIED: ALLAYES.
PROCLAMATIONS [Action Item]
8. Owyhee High School Girls Basketball State Champions Day
Simison: So, Council, if -- we will reach back out to the high school and maybe the lines
were crossed or something came up, but we will try to get that rescheduled, so they can
come back. So, if we can just not do that this evening, that will work.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Let the record reflect that our fine mayor of the city of Star perhaps may have
pulled a prank and told them to go to the wrong location. Happy April Fool's, Mayor
Chadwick. With that, Mr. Mayor, I move we adjourn the meeting.
Strader: Second.
Simison: Have a motion and a second to adjourn the meeting. Is there any discussion?
If not, all in favor signify by saying aye. Opposed nay? The ayes have it. We are
adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 6.32 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 4-8-2025
ATTEST:
CHRIS JOHNSON - CITY CLERK 4-8-2025
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Final Plat Modification (MFP-2025-0001) for Vanguard Village Subdivision No.
1 (FP-2024-0012), by Clark Wardle, LLP., generally located 1/4 mile west of S. Ten Mile Rd. on the
north side of 1-84
STAFF REPORT (✓ V 1 E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT I D A H O
HEARING 4/8/2025 Legend
DATE:
Froectlocanon -''--- J
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533 -
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SUBJECT: Vanguard Village No. 1
MFP-2025-0001
LOCATION: Generally located a'/4 mile west of S.
s
Ten Mile Rd.on the north side of I-84,in
the south 1/2 of Section 15,T.3N.,R.1W.
I. PROJECT DESCRIPTION
Modification to the final plat(FP-2024-0012)approval for Vanguard Village No.1 to modify
condition#11,which requires 9-foot-wide parallel parking on both sides of private streets within the
development,to allow parking to only be provided along the east side of S.La Vista Ln.,while
maintaining parking along both sides of all other private streets,by Clark Wardle,LLP.
II. APPLICANT INFORMATION
A. Applicant:
Joshua Leonard,Clark Wardle,LLP—251 E.Front Street,Ste.310,Boise,ID 83701-0639
B. Owner:
Ten Mile West Commercial,LLC—PO Box 51298,Idaho Falls,ID 83405
C. Representative:
Same as applicant
III. STAFF ANALYSIS
The final plat(FP-2024-0012)for Vanguard Village No. 1 was approved by City Council on October
8,2024 and has not been recorded.The Applicant proposes to modify the following final plat
condition of approval,as follows:
11. Except as otherwise expressly provided herein.-TYhe private streets within this development
shall be constructed within an easement wide enough to accommodate a travel lane width
of 26 feet in accord with UDC 11-3F-4B.2b,9-foot-wide parallel parking on both sides of
Page 1
the street and bulb-outs.Notwithstanding the foregoing,S.La Vista Ln.shall only have 9-
foot-wide parallel parking on the east side of the street.A-FRevised street sections shall be
submitted for each side of S.La Vista Ln.and for the east/west private street required
between La Vista and S. Umbria Hills Way/W.Navigator Dr.that demonstrates compliance
with this these requirements.
Approval of the proposed change would result in 20 fewer on-street parking spaces being provided in
this area.The reason for the request is that joint trench was installed along the west side of La Vista
without consideration of on-street parking in that area,which is a requirement associated with the
preliminary plat based on consistency with the street sections in the Ten Mile Interchange Specific
Area Plan(TMISAP).Adding parking bump outs in this area would position the drainage swales over
the top of the joint trench,which isn't ideal.
Because industrial type uses(i.e.flex space,distribution and manufacturing)are conceptually
approved to develop on the abutting property to the west and additional parking isn't typically needed
beyond that required on-site for industrial uses,Staff doesn't anticipate the on-street parking being
needed.Therefore,Staff is amenable to the Applicant's request and recommends approval of the
proposed private street section shown in Section V.B below.
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat modification based on the analysis above in
Section III.
Page 2
V. EXHIBITS
A. Approved Final Plat(dated:7/25/24)
VANGUARD VILLAGE SUBDIVISION NO.1
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B. Proposed Parking Along S.La Vista Ln.(shown in red)
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VI. (CITY/AGENCY COMMENTS Commented[BP1]:Here you should have Planning Division
conditions and state that they need to comply with the approved final
A. PLANNING DIVISION plat.Look at another report for examples.
1. The Applicant shall comply with all previous conditions of approval associated with this
development,except as approved herein(Vanguard Village MDA,RZ,PP,CUP H-2021-
0081,DA Inst.#2022-049799•H-2023-0072(amended DA Inst.#2024-050341);TED-2024-
0001).
2. Final plat condition of approval#11,shall be amended as follows:
Except as otherwise expressly provided herein,the private streets within this development
shall be constructed within an easement wide enough to accommodate a travel lane width of
26 feet in accord with UDC 11-3F-4B.2b,9-foot-wide parallel parking on both sides of the
street and bulb-outs.Notwithstanding the foregoing,S.La Vista Ln.shall only have 9-foot-
wide parallel parking on the east side of the street,on-street parking is not required along the
west side of S.La Vista Ln.A revised street section shall be submitted for S.La Vista Ln.and
for the east/west private street required between La Vista and S. Umbria Hills Way/W.
Navigator Dr.that demonstrates compliance with these requirements.
Page 5
V IDIAN�
AGENDA ITEM
ITEM TOPIC: Final Order for Sky Mesa Commons Subdivision No. 5 (TECC-2025-0002) by
Boise Hunter Homes, located West of S. Eagle Rd., midway between E. Taconic Dr. and E. Lake
Hazel Rd.
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: APRIL 1, 2025
ORDER APPROVAL DATE: APRIL 8, 2025
IN THE MATTER OF THE )
REQUEST FOR A 2-YEAR TIME )
EXTENSION ON THE ) CASE NO. TECC-2025-0002
PRELIMINARY PLAT FOR SKY )
MESA COMMONS NO. 5 IN ) ORDER OF CONDITIONAL
ORDER TO OBTAIN THE CITY ) APPROVAL OF TIME EXTENSION
ENGINEER'S SIGNATURE ON )
THE FINAL PLAT,LOCATED IN )
SECTION 32, T.3N., RJE, )
MERIDIAN, IDAHO )
BY: TODD TUCKER, BOISE )
HUNTER HOMES )
APPLICANT
This matter coming on regularly before the City Council on April 1, 2025, upon the
Applicant's submittal of a preliminary plat time extension application for a 2-year extension
within which to obtain the City Engineer's signature on a final plat for Sky Mesa Commons No.
5, which preliminary plat was originally approved on September 5, 2017, as provided in Unified
Development Code § 11-6B-7C, and good cause shown. An administrative time extension TED-
2022-0006 for 2-years was previously approved for this subdivision by the Planning Director on
March 1, 2023 and would have otherwise expired on February 25, 2023.
IT IS HEREBY ORDERED THAT:
The above named Applicant is granted an additional 2-year extended period of time, until
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR SKY MESA COMMONS NO. 5 (TECC-2025-0002)
Page 1 of 2
February 25, 2027, within which to obtain the City Engineer's signature on the final plat,
subject to the conditions of approval as shown in the attached Staff Report for the hearing
date of April 1, 2025 incorporated by reference.
Attached: Staff Report for the hearing date of April 1, 2025
By the action of the City Council at its regular meeting on the 8th day of
April , 2025.
DATED this 8th day of April , 2025
Mayor Robert E. Simison
Attest:
Chris Johnson, City Clerk
Copy served upon the Applicant,Planning Division,Public Works Department,and City Attorney.
4-8-2025
BY: Dated:
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR SKY MESA COMMONS NO. 5 (TECC-2025-0002)
Page 2 of 2
COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--,
DEPARTMENT REPORT
HEARING 4/1/2025 Legend -
DATE: Project Location i
Area of impact
TO: Mayor& City Council ::-
I
: City Limits
o
FROM: Linda Ritter,Associate Planner 0 Analysis
208-884-5533
Irifter@meridiancity.org
,
APPLICANT: Todd Tucker,Boise Hunter Homes
SUBJECT: TECC-2025-0002 ---'
I I I I
Sky Mesa Commons No. 5
I J IL-
LOCATION: West of S. Eagle Rd.,midway between _
E. Taconic Dr. and E. Lake Hazel Rd,
a
located in the NE '/4 of the SE '/4 of
Section 32,Township 3N,Range lE
(Parcel#R0988260484)
I. PROJECT OVERVIEW
A. Summary
Request for a two (2)year time extension on the Sky Mesa preliminary plat(H-2017-0068)in
order to obtain City Engineer's signature on Sky Mesa Commons No. 5 final plat(FP-2020-
0021). The final plat consists of 13 buildable lots and one(1) common lot on four(4) acres of
land in the R-8 zoning district for the fifth and final phase of Sky Mesa Subdivision.
B. Recommendation
Staff recommends approval of the proposed time extension for a time period of two(2)years as
requested for the application to expire on February 25,2027.
C. Decision
Pending
City of Meridian I Department Report 1. Project Overview
I1. COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Residential -
Proposed Land Use(s) Residential -
Existing Zoning R-4/R-8 VLA.2
Proposed Zoning R-4/R-8
Adopted FLUM Designation Medium Density Residential VLA.3
Proposed FLUM Designation Medium Density Residential
Table 2: Process Facts
Description Details
Preapplication Meeting date 2/11/2025
Neighborhood Meeting 2/13/2025
Site posting date 3/21/2025
III. STAFF ANALYSIS
A. General Overview
Per UDC 11-613-7C, "Upon written request and filing by the applicant prior to the termination of
the period in accord with subsections A and B of this section,the director may authorize a single
extension of time to obtain the city engineer's signature on the final plat not to exceed two(2)
years. Additional time extensions up to two(2)years as determined and approved by the City
Council may be granted. With all extensions,the director or city council may require the
preliminary plat, combined preliminary and final plat or short plat to comply with the current
provisions of this title."
Table 3: Proiect Overview
Description Details
History H-2017-0068 Sy Mesa Subdivision;FP-2020-0021,TED-2022-0006;DA
2017-119308
B. History
On March 23,2021,the City approved the Final Plat for Sky Mesa Commons No. 5 (FP-2020-
0021)which was found to be consistent with the approved Preliminary Plat(H-2017-0068). On
March 1, 2023, a two-year time extension was approved for Sky Mesa Common No. 5 as
requested by the applicant due to the economic recession and the applicant developer needed
additional time to complete the fifth phase of the subdivision.
The applicant has now requested an additional two(2)year time extension in order to obtain the
City Engineer's signature on the approved Final Plat, Sky Mesa Commons No. 5. due to the
reconstruction of Eagle Road from E. Taconic Drive intersection to the E. Lake Hazel Road
intersection. Per the applicant,this additional time will allow ACHD to complete the
reconstruction of Eagle Road,which will alleviate the access,marketing,and pricing issues
caused by the construction.
City of Meridian I Department Report II. Community Metrics
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The Sky Mesa subdivision is a total of 98.35 acres and located within two different zoning
designations R-4(63.85 acres) and R-8 (34.50 acres). The R-4 zoning district requires 12%open
space and the R-8 zoning district requires 15%open space for a combined total of 12.837 acres of
qualified open space. When the Sky Mesa subdivision was originally approved the Unified
Development Code only required 10%open space for the entire development.
Currently, 94.36 acres have been developed,and 15.296 acres(16.2%)of open space has been
provided,which is 2.459 acres more open space than what is required by the new code. Because
the overall Sky Mesa Subdivision has already provided 2.49 acres more open space than what is
required under the current code, additional open space is not required to be provided with this
final phase of development.
City of Meridian I Department Report III. Staff Analysis
Further,the required amenities under the current standards would require 20 points of qualified
site amenities. The amenities approved include a total of 23 points which exceed the current
standards. Based on the analysis above, staff is not recommending the addition of any new
conditions of approval.
IV. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
1. The applicant shall comply with all terms of the Annexation and Preliminary Plat conditions
of approval(H-2017-0068 findings) and Final Plat conditions of approval(FP-2020-0021);
and development agreement(Inst.No. 2017-119308).
2. The applicant shall obtain the City Engineer's signature on the Final Plat by February 25,
2027,in accord with UDC 11-6B-7 in order for the Preliminary Plat to remain valid; or request
another time extension.
V. ACTION
A. Staff:
Staff recommend approval of the proposed TECC application and find it in conformance with the
Comprehensive Plan and the UDC with the conditions included in Section IV.
B. City Council:
The Meridian City Council heard these items on April 1,2025. At the public hearing.the Council
moved to approve the subiect time extension request.
1. Summary of the City Council public hearing
a. In favor: Todd Tucker. applicant
b. In opposition:None
C. Commenting: Brian Bolt stated he was prepared to talk about the two-year extension and
the reason for or the rationale for it being extended out and the McKay Subdivision
being dependent on the utilities being provided as part of Sky Mesa Commons No. 5.
But since he learned the McKay Farm Subdivision was purchased by Boise Hunter
Homes,he did not have any further comments.
d. Written testimony:None
e. Staff presenting-application: Linda Ritter
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony_ .
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None
City of Meridian I Department Report IV. City/Agency Comments &Conditions
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City of Meridian I Department Report VI. Exhibits
C. Approved Final Plat(date: 12/21/2020)
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D. Approved Landscape Plan (date: 2/12/2021)
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E. Qualified Open Space Exhibit(date: Click here to enter a date.)
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G. Service Accessibility Report
PARCEL R0988260484 SERVICE ACCESSIBILITY
Overall Scare: 23 12nd Percentile
Description
Location In City Limits FREEN
or
Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN
Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN
Emergency Services Fire Response time 5-9 min. YELLOW
Emergency Services Police Meets response time goals some of the time YELLOW
Pathways Within 1/4 mile of current pathways GREEN
Transit Not within 1/4 of current or future transit route RED
Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets YELLOW
plan) > existing (# of lanes) & road IS in 5 yr work plan
School Walking Proximity From 1/2 to 1 mile walking YELLOW
Either a High School or College within 2 miles OR a
School Drivability Middle or Elementary School within 1 mile driving GREEN
(existing or future)
Either a Regional Park within 1 mile OR a Community IP
Park Walkability Park within 1/2 mile OR a Neighborhood Park within GREEN
1/4 mile walking
City of Meridian I Department Report VI. Exhibits
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Development Agreement (Fairview Drive-Through H-2024-0049) Between
City of Meridian and GRHH Fairview LLC and HC Fairview LLC for Property Located at 4300 E.
Fairview Ave.
Ada County Recorder Trent Tripple 2025-021946
Boise,Idaho Pgs=40 cfowler 04/11/2025 10:53:45 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. GRHH Fairview LLC, Owner/Developer
3. HC Fairview LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT(this "Agreement") is made and entered into this 8th day of
_April, 2025, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter
called "CITY," whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and GRHH Fairview
LLC and HC Fairview LLC, whose address is 855 W. Broad St. Ste. 300, Boise, Idaho 83702,
hereinafter collectively called "OWNER/DEVELOPER."
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain
tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which
is attached hereto and by this reference incorporated herein as if set forth in full,
hereinafter referred to as the "Property;" and
1.2 WHEREAS, Idaho Code § 67-651 ]A provides that cities may, by ordinance,
establish provisions governing the creation, form, recording, modification,
enforcement and termination of development agreements required or permitted as a
condition of zoning that the Owner/Developer make a written commitment
concerning the use or development of the Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section
11-5B-3 of the Unified Development Code ("UDC"), which authorizes
development agreements and the modification of development agreements; and
1.4 WHEREAS, Owner/Developer has submitted an application for development
agreement modification to remove the property listed in Exhibit "A" frorn an
existing Development Agreement recorded in Ada County on February 24, 2005 as
Instrument 9105022224, and for the inclusion of the Property into this new
Agreement, which generally describes how the Property will be developed and
what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the duly noticed public
hearings before the Meridian City Council, as to how the property will be
developed and what improvements will be made; and
DEVELOPMENT AGRF.F.MEN'T FAIRVIEW DRIVE-THROUGH H-2024-0049
Page l of 8
1.6 WHEREAS, the record of the proceedings for requested development agreement
modification held before the City Council includes responses of government
subdivisions providing services within the City of Meridian planning jurisdiction,
and includes further testimony and comment; and
1.7 WHEREAS, on the 18th of February, 2025, the Meridian City Council approved
certain Findings of Fact and Conclusions of Law and Decision and Order
("Findings"), which have been incorporated into this Agreement and attached as
Exhibit`B;" and
1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter
into this Agreement and acknowledges that this Agreement was entered into
voluntarily and at its urging and request; and
1.9 WHEREAS, the property listed in Exhibit "A" shall no longer be subject to the
terms of the existing Development Agreement(Instrument#105022224) and shall
be bound by the terms contained herein in this new agreement; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement modification for the purpose of ensuring the Property is developed and
the subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received by the
City in the proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected property
owners and to ensure zoning designations are in accordance with the amended
Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution
No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2. INCORPORATION OF RECITALS: The above recitals are contractual and binding and
are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and
phrases herein contained in this section shall be defined and interpreted as herein provided for, unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,which
is a municipal corporation and government subdivision of the state of Idaho,
organized and existing by virtue of law of the State of Idaho, whose address is 33
East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to GRHH Fairview LLC and HC
Fairview LLC, whose address is 855 W. Broad St. Ste. 300, Boise, Idaho 83702,
Meridian, ID, 83646, the party that owns said Property and shall include any
subsequent owner(s) of the Property.
DEVELOPMENT AGREEMENT-FAIRVIEW DRIVE-THROUGH H-2024-0049
Page 2 of 8
3.3 PROPERTY: means and refers to that certain parcel of Property located in the
County of Ada, City of Meridian as described in Exhibit "A" describing a parcel to
be removed from existing Development Agreement recorded in Ada County as
Instrument#105022224, with such parcel being bound by this new Agreement,
which Exhibit"A" is attached hereto and by this reference incorporated herein as
if set forth at length.
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 uses 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 Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the proposed
site plan, landscape plans, and conceptual building elevations included in
Section VII-D and VII-E of the Staff Report attached to the Findings of Fact
and Conclusions of Law attached hereto as Exhibit`B" and the provisions
contained herein.
b. Hours of operations for the Coffee Shop drive-through are 5 a.m. to 7 p.m.
c. The site shall not use any form of electronic amplification for communication.
d. The Owner/Developer shall work with the neighbor to construct a fence that
will block the light from vehicles entering the property.
6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6)
months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null
and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property fail to faithfully comply with all of the terms
and conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements
of the Zoning Ordinance.
DEVELOPMENT AGREEMENT-FAIRVIEW DRIVE-THROUGH H-2024-0049
Page 3 of 8
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty(30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default, which actions must be prosecuted with diligence and completed within
one hundred eighty(180) days; provided, however, that in the case of any such
default that cannot with diligence be cured within such one hundred eighty(180)
day period,then the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with diligence and
continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code § 67-6511A, have the right, but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an
action at law or in equity to enforce the provisions of this Agreement. Because the
covenants, agreements, conditions, and obligations contained herein are unique to
the Property and integral to the City's decision to annex and/or re-zone the
Property, City and Owner/Developer stipulate that specific performance is an
appropriate,but not exclusive, remedy in the event of default. Owner/Developer
reserves all rights to contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto
shall be governed by and construed in accordance with the laws of the State of
Idaho, including all matters of construction, validity, performance, and
enforcement. Any action brought by any party hereto shall be brought within Ada
County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the
reasonable control of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of such delay.
7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or
the entirety of said development of the Property as required by this Agreement or by City ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion therefor in accordance with the terms and conditions of this
Agreement and all other ordinance of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including
all of the Exhibits, and submit proof of such recording to Owner/Developer.
DEVELOPMENT AGREEMENT-FAIRVIEW DRIVE-THROUGH H-2024-0049
Page 4 of 8
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid
and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to
insure the installation of required improvements, which the Owner/Developer agrees to provide, if
required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the
improvements have not been installed, completed, and accepted by the City, or sufficient surety of
performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3) days after deposit in the United States
Mail, registered or certified mail,postage prepaid, return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Ave.
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
GRHH Fairview LLC HC Fairview LLC
855 W. Broad St. Ste. 300 855 W. Broad St. Ste. 300
Boise, Idaho 83702 Boise, Idaho 83702
14.1 A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief
as may be granted, to court costs and reasonable attorney's fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the parties
and shall survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision hereof, and
that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
DEVELOPMENT AGREEMENT-FAIRVIEW DRIVE-THROUGH H-2024-0049
Page 5 of 8
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has
determined that Owner/Developer has fully performed its obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonable in giving any consent, approval, or taking any other action under this
Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable
action or other proceeding instituted by any third party(including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of the
Property, which has not been removed from this Agreement as described above, shall continue to be
bound by the terms of this Agreement.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied,between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
22.1 No condition governing the uses and/or conditions governing the Property herein
provided for can be modified or amended without the approval of the City
Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at
the time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
upon execution of the Mayor and City Clerk.
[End of text. Acknowledgements, signatures, and Exhibits A and B follow.]
DEVELOPMENT AGREEMENT-FAIRVIEW DRIVE-THROUGH H-2024-0049
Page 6 of 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
GRHH Fairview LLC
By (name):
Its (title): (V�a,v\'1q�,r
State of Idaho ) �J
ss:
County of Ada )On this day of MaV-CAA 2025,before me,the undersigned,a Notary Public in and for said State,personally
appeared � Qknown or identified to me to be the KA0o,.C'.-e, of GRHH
Fairview LLC and the person who signed above and acknowledged to me that they executed the sajne.
IN WITNESS WHEREOF,I have hereunto set my hand and affi ed my offici seal the day and year in this certificate first
above written.
��,•�`Q►��MnNs�
••' N�,.?(i'•• F Notar Public
sue : �r %: 702S—
<4 •off �,;�� My Commission E pines:
t, NO'rA I?
OWNER/DE00
V��P
HC Fairview LL�'''81111161�''�
By (name):
Its (title): ��,I
State of Idaho ) `1
ss:
County of Ada )
On this day of Mo'v(�N2025,before me,the undersigned,a Notary Public in and for said State,personally
appeared J �A ,known or identified to me to be the .e,r/ of RC Fairview
LLC and the person who signed above and acknowledged to me that they executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and of ed my frcial seal the day and year in this certificate first
above written.
A.v a`�Na.'�i%;��' No ry ublic �S Z�?[Q :o �,�d: My Co emission xpires:
:'; PUBLIC
DEVELOPMENT AGREE1wPEj�1i � L II OJ1'bV,,DRIVE-THROUGH H-2024-0049
8i.u11%
Page 7 of 8
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 4-8-2025 Chris Johnson, City Clerk 4-8-2025
State of Idaho )
: ss
County of Ada
On this _8th day of_April, 2025, before me, a Notary Public, personally appeared Robert E. Simison and Chris
Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the
same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT-FAIRVIEW DRIVE-THROUGH H-2024-0049
Page 8 of 8
EXHIBIT A
SCHEDULEI
A PORTION OF THE SOUTHWEST'A OF THE SOUTHEAST 1/4,SECTION 4,
TOWNSHIP 3,NORM,RANGE
1 EAST,CITY OF MERIDIAN,BOISE MERIDIAN,ADA COUNTY,IDAHO
A Portion of the Southwest 1/4 of the Southeast 1/4, Section 4,Township 3 North,Range 1 East,
City of Meridian,Boise Meridian,Ada County,Idaho more particularly described as follows;
Commencing at a found 5/8 inch rebar with no cap marking the South''/<Corner of Section 4
from which a found Brass cap monument marking the Southeast corner of said Section 4 bears
South 89°23'11 East a distance of 2658.62 feet;
thence along the South line of said Section 4, South 89023'11"East a distance of 714.66 feet to a
point;
thence leaving said South line,North 00'28'15"East a distance of 58.22 feet to a found
Aluminum cap monument marking the Northeast intersection of the Right-of-Ways of Fairview
Avenue(U.S.Highway 30)and Venture Street;
thence along the North Right-of-Way of said Fairview Avenue(U.S.Highway 30),South
89°38'40"East a distance of 176.05 feet to a set 518 inch rebar with plastic cap stamped
"FLSIPLS 7612"at the TRUE POINT OF BEGINNING;
thence leaving said North Right-of-Way,North 00°35'17" East a distance of 234.52 feet to a set
5/8 inch rebar with plastic cap stamped"FLSIPLS 7612';
thence South 89°24'52"East a distance of 141.56 feet to a found 1/2 inch rebar with plastic cap
stamped"PORTER";
thence South 00°34'28"West a distance of 233.95 feet to a found 1/2 inch rebar with plastic cap
stamped"PORTER"at a point on said North Right-of-Way of Fairview Avenue(U.S.Highway
30);
thence along said North Right-of-Way,North 89°38'40"West a distance of 141.61 feet to the
TRUE POINT OF BEGINNING.
Containing 33,164 square feet,0.761 Acres,More or Less.
The property is subject to all easements and rights-of-way of record,and,not of record.
This property is also subject to the terms of an unrecorded Reciprocal Easement Agreement in
substantially the same form approved by Grantee,to be recorded in the future.
aE
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i REVISIONS
4300 E.FAIRVIEW AVENUE
MERIDIAN,IDAHO
N 'sn
0 3U— CONDITIONAL USE PERMIT-SITE PLAN
ewa�
EXHIBIT B
CITY OF MERIDIAN T
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAl
AND DECISION& ORDER
In the Matter of the Request for a Conditional Use Permit and Development Agreement
Modification,by Ethan Mansfield,Hawkins Companies,LLC
Case No(s).H-2024-0049
For the City Council Hearing Date of: January 28,2025 (Findings on February 11,2025)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of January 28, 2025, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of January 28,2025, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of January 28,
2025, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 28, 2025, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 28,2025, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FAIRVIEW DRIVE-THROUGH CUP,MDA H-2024-0049)
- 1 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for a Conditional Use Permit and Development Agreement
Modification is hereby approved per the conditions of approval in the Staff Report for the
hearing date of January 28,2025,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments,if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC I 1-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FAIRVIEW DRIVE-THROUGH CUP,MDA H-2024-0049)
-2-
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter.When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of January 28,2025
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FAIRVIEW DRIVE-THROUGH CUP,MDA H-2024-0049)
-3-
By action of the City Council at its regular meeting held on the 18th day of February,2025.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayd Robert"- Si
ison 2-18-2025
Attest:
.ctUtANt--
C
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Cha&wW Dated: 2-18-2025
City Clerk's OfficeT' i
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FAIRVIEW DRIVE-THROUGH CUP,MDA H-2024-0049)
-4-
COMMUNITY DEVELOPMENT
E IDIAN�---
DEPARTMENT REPORT
HEARING 1/28/2025 Legend : '
DATE:
L_ Project Location r*
TO: Mayor&City Council ::;Area of Impact +II
:= City Limits
FROM: Linda Ritter, Associate Planner O Analysis '
208-884-5533
lritter meridiancit .or
� Y g -
APPLICANT: Ethan Mansfield, Hawkins Companies, f
LL C
SUBJECT: H-2024-0049
Fairview Drive-Through CUP, MDA
LOCATION: 4300 E. Fairview Avenue, located in a �
portion of the SW '/4 of the SE '/4, Section
4, T3N, R1E - -
1. PROJECT OVERVIEW
A. Summary
A Conditional Use Permit for the development of an 1,843 square foot quick-lube oil change
facility and drive-through coffee shop within three hundred(300) feet of another drive-tbrough
facility and an existing residence; create a new development agreement to establish new hours of
operations for the coffee shop to begin service at 5 AM; and approve new concept plan on a
0.76-acre parcel located at 4300 E. Fairview Avenue in the C-G zoning District.
B. Issues/Waivers
The applicant is asking for a Council waiver to reduce the twenty-five (25) landscape buffer for
the area in which the trash enclosure would occupy in order to expand the existing trash enclosure
on the property to the west with the property owner's permission. Currently, a portion of the
trash enclosure on the property to the west extends onto the applicant's property.
C. Recommendation
Staff: Approval w/conditions
D. Decision
Planning and Zoning Commission: Recommend Approval
City Council: Approval
City of Meridian I Department Report I. Project Overview
I1. COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Vacant -
Proposed Land Use(s) Quick-Lube Oil Change and Drive-Through Coffee Shop -
Existing Zoning General Retail and Service Commercial District(C-G) VII.A.2
Proposed Zoning General Retail and Service Commercial District(C-G)
Adopted FLUM Designation Commercial VII.A.3
Proposed FLUM Designation Commercial
Table 2: Process Facts
Description Details
Preapplication Meeting date 8/5/2024
Neighborhood Meeting 9/5/2024
Site posting date 12/5/2024
Table 3: Community Metrics
Agency/Element Description/Issue Reference
Ada County Highway District IV.D
• Comments Received Yes, Staff Report -
• Commission Action Required No -
• Access Fairview Avenue -
• Traffic Level of Service Better than"E" -
ITD Comments Received No Comments
Meridian Fire No Comments
Meridian Police No Comments
Meridian Public Works Wastewater
• Distance to Mainline Sewer is available at the site
• Impacts or Concerns Ensure no sewer services pass through infiltration trenches
Meridian Public Works Water
• Distance to Mainline Water is available at the site
• Impacts or Concerns No
Note: See City/Agency Comments and Conditions Section and public record for all department/agency
comments received. Fairview Drive-Through CUP,MDA H-2024-0049 (copy this link into a separate
browser).
City of Meridian I Department Report II. Community Metrics
Figure 1: One-Mile Radius Existing Condition Metrics
Reference Parcel:S1104438700 Date Retrieved:2024/11/8
Parcel Count Parcel Acreage Infill Indicator:
332 Surrounding Area
197
1 8% Not City
883 City Limits
869.7
■ Not City
Household Household& Population Growth
Households
02020
Population Change:9.7°/0
Population ■Growth
(Household and Population Change
since 2010 Decennial) 5,000 10,000 15,000 20,000
Use Types Residential Addresses All Addresses
■ Single-family
57% 46 20%
El Multi-family
43 AV
® Commercial
Preliminary Plats (last 5-years) Conditional Use Permit(last 5-years)
Proposed Proposed
Pending Pending
Approved Approved
0 2 4 6 8 0 500 1000 1500
■ Single-family ® Multi-family
Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts.
City of Meridian I Department Report II. Community Metrics
Figure 2:ACHD Summary Metrics
Level of Service Planning Thresholds
1. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Fairview Avenue 142-feet Arterial 1611 Better than "E"
*Acceptable level of service for a five-lane principal arterial is"E° (1,780 VPH).
**ACHD does not set level of service thresholds for State Highways.
2. Average Daily Traffic Count(VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Fairview Avenue west of Cloverdale Road was 35,600 on
July 16, 2024.
Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts.
Figure 3: Service Impact Summary
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Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts.
City of Meridian I Department Report II. Community Metrics
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
A. General Overview
Commercial Land Uses-This designation will provide a full range of commercial uses to serve
area residents and visitors.Desired uses may include retail,restaurants,personal and professional
services, and office uses,as well as appropriate public and quasi-public uses. Multi-family
residential may be allowed in some cases but should be careful to promote a high quality of life
through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C,
and C-G.
The property is currently zoned General Retail and Service Commercial District(C-G)which
allows the largest scale and broadest mix of retail, office, service,and light industrial uses.
Table 4: Proiect Overview
Description Details
History AZ-04-026,CUP-04-035,DA Inst.# 105022224 Mountain West Bank
Acreage 0.76
B. History
The property was approved for annexation and zoning on October 26,2004,from Rural Urban
Transition(RUT)to C-G for approximately 2.48 acres of land and a Conditional Use Permit
(CUP)for a new 4,500 square-foot bank with a drive-through. The current Development
Agreement requires a CUP for all uses and restricts the hours of operation from 7 am to 7 pm.
C. Site Development and Use Analysis
1. Existing Structures/Site Improvements (UDC 11-1):
Applicant is proposing a construct a quick-lube oil change facility and drive-through coffee
shop. The building will be approximately 1,843 gross square feet overall and is proposed to
be twenty-six(26) feet in height. The applicant is proposing seventeen 17)parking spaces
which exceeds the required seven(7)spaces per UDC 11-2. The site is currently vacant with
no structures.
2. Proposed Use Analysis (UDC 11-2):
Applicant is proposing a construct an 1,843 square foot building with a quick-lube oil change
facility and drive-through coffee shop. The applicant is proposing to add lane striping to
better define the additional queuing space available to each user as customers will typically
enter the development from the southern entrance off Fairview Avenue. Directional signage
will indicate the location of the oil change tenant and the coffee shop tenant's queuing area.
The applicant states the typical number of services for this oil change user is up to six(6)
vehicles in the peak hour. The site plan shown in Exhibit VIIC shows the proposed quick-
lube oil change shop can accommodate up to 6 vehicles—two in the service bays and four(4)
stacked behind—without vehicles stacking in the east-west drive aisle.
Per the queuing analysis completed for the coffee shop(Human Bean),the 95th percentile
queuing rate is four(4)vehicles,with a maximum expected queuing of six(6)vehicles. The
applicant states there would be no vehicles from the coffee shop stacking in front of the oil
change entrance. The striping and directional signage provided will ensure that even in
unexpected instances of extremely high demand, stacking can be reasonably accommodated.
A pedestrian entrance to the site will be placed in front of the coffee shop to accommodate
bike/pedestrian walk-up service.
City of Meridian I Department Report III. Staff Analysis
Employee parking spaces have been placed along the north side of the site and will be signed
as"Employee Parking"to eliminate the possibility of conflict with the east-west drive aisle
during the coffee shop's busiest hours.
In reviewing the site plan, staff feels moving the employee parking to the south side of the lot
to align with the parking layout for the adjacent bank to the west. Staff feels this will help
minimize conflicts between vehicles using the coffee shop drive-through and customers
accessing the quick-lube oil change facility,while also ensuring sufficient stacking space for
the coffee shop drive-through.
3. Dimensional Standards (UDC 11-2):
The proposed drive-through building will be approximately 1,843 gross square feet overall
and is twenty-six(26)feet in height with seventeen(17)parking spaces. This site complies
with the dimensional standards for the C-G zoning district.
4. Specific Use Standards (UDC 11-4-3):
Vehicle Repair, Major and Minor(UDC 11-4-3-37)
A. Where adjoining a residential property or district, all repair activities(including,but not
limited to, open pits and lifts) shall occur within an enclosed structure.
B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence,
wall,or screen or within an enclosed structure and shall not be visible from the street.
Drive-Through Establishment(UDC 11-4-3-11)
A. A drive-through establishment shall be an accessory use where the drive-through facility
(including stacking lanes, speaker and/or order area,pick up windows, and exit lanes)is:
1. Not within three hundred three hundred(300) feet of another drive-through facility, a
residential district, or an existing residence: or
2. Separated by an arterial street from any other drive-through facility,residential
district or existing residence; or
3. Not within the O-T zoning district.
Otherwise a conditional use permit is required.
A Conditional Use Permit is required as the drive-through is within three hundred(300)
feet of another drive-through and an existing residence.
B. All establishments providing drive-through service shall identify the stacking lane,menu
and speaker location(if applicable),and window location on the certificate of zoning
compliance or the conditional use permit. Speakers are prohibited in the O-T zoning
district.
The site plan shown in Exhibit B provides the location of the stacking lane for the
proposed coffee shop.
C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and
circulation on the site and between adjacent properties.At a minimum the plan shall
demonstrate compliance with the following standards:
1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways,
drive aisles,and the public right-of-way by patrons.
Moving the employee parking to the south side of the lot to align with the parking
layout for the adjacent bank to the west will help minimize conflicts between vehicles
using the coffee shop drive-through and customers accessing the quick-lube oil
change facility, while also ensuring sufficient stacking space for the coffee shop
City of Meridian I Department Report III. Staff Analysis
drive-through.
2. The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking, except stacking lanes may provide access to designated employee
parking.
3. The stacking lane shall not be located within ten(10)feet of any residential district or
existing residence.
The stacking lane is proposed to be over twenty-five feet away from the residential
property.
4. Any stacking lane greater than one hundred 100 feet in length shall provide for an
escape lane.
The staking lane is not greater than 100 feet in length therefore an escape lane is not
required.
5. The site should be designed so that the drive-through is visible from a public street
for surveillance purposes.
The drive-through is visible from E. Fairview Avenue.
D. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or
window location adjoins a residential district or an existing residence.
There is an existing six (6)foot wooden fence on the north side of the property adjacent
to the existing residential home.
Restaurant(UDC 11-4-3-49)
A. Parking.
1. 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.
Per UDC 11-3C restaurants require one(1)parking space for every two hundred and fifty
(250)square feet of gross floor area. The total number of parking spaces required is seven
(7). The applicant is proposing seventeen (17)parking spaces which exceeds the required
number parking spaces for this proposal.
D. Design Standards Analysis
1. Structure and Site Design Standards (Comp Plan 3.07.02A, Comp Plan 5.01.02D, UDC H-
3A-19):
Require pedestrian circulation plans to ensure safety and convenient access across the
commercial development.
Require appropriate building design, and landscaping elements to buffer, screen, beautify,
and integrate commercial, multifamily, and parking lots into existing neighborhoods.
Therefore, buildings shall be designed in accord with the "City of Meridian Architectural
Standards Manual."
Per UDC 11-3A-19 pedestrian walkways shall provide a continuous walkway that is a
minimum of five(5)feet in width from the perimeter sidewalk to the main building
entrance(s)for nonresidential uses. The internal pedestrian walkway shall be distinguished
City of Meridian I Department Report III. Staff Analysis
from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or
bricks.
In reviewing the site plan layout, staff recommends that employee parking be located on the
south side of the lot to align with the parking layout for the adjacent bank to the west. This
arrangement would help minimize conflicts between vehicles using the coffee shop drive-
through and customers accessing the quick-lube oil change facility, while also ensuring
sufficient stacking space for the coffee shop drive-through.
2. Landscaping (UDC 11-3B):
i. Landscape buffers along streets
Per UDC 11-2B-3, landscape buffers along arterial shall be thirty-five (35)feet in width.
The applicant will be required to install the landscape buffer along E. Fairview Avenue.
The landscape buffer shall be located entirely outside of any existing right-of-way and
any additional right-way required by ACHD with this application.All trees shall be
located beyond the required street right-way.
ii. Parking lot landscaping
Per UDC 11-3B-8, the applicant shall provide perimeter and internal parking lot
landscaping to soften and mitigate the visual and heat island effect of a large expanse of
asphalt in parking lots, and to improve the safety and comfort ofpedestrians.A five-foot
wide minimum landscape buffer adjacent to parking, loading, or other paved vehicular
use areas.
iii. Landscape buffers to adjoining uses
Provide a minimum twenty-five (25)foot wide landscape buffer along the entire north
property line,as proposed. Materials used in the buffer shall meet the requirements of
UDC 11-3B-9.
The applicant is requesting a Council waiver to place the trash enclosure into the
landscape buffer to match the existing trash enclosure for the adjacent property to the
west. Staff is asking the applicant to work with the adjacent property owner to expand the
existing trash enclosure and request council waiver to reduce the landscape buffer for the
area in which the trash enclosure is located.
iv. Storm integration
An adequate storm drainage system is required in all developments in accord with the
City's adopted standards, specifications and ordinances. Design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18.
3. Parking (UDC 11-3C):
i. Nonresidential parking analysis
Per UDC 11-3C Restaurants require one(1)parking space for every two hundred and
fifty(250)square feet of gross floor area. The total number of parking spaces required is
seven (7). The applicant is proposing seventeen (17)parking spaces which exceeds the
required number parking spaces for this proposal. The applicant will be required to
install wheel stops for the compact stalls or widen the sidewalk to seven (7)feet to
prevent vehicles from overhanging on the sidewalk.
ii. Bicycle parking analysis
Per UDC 11-3C-6.G One (1) bicycle parking space shall be provided for every twenty-
five(25)proposed vehicle parking spaces or portion thereof, except for single-family
City of Meridian I Department Report III. Staff Analysis
residences, two-family duplexes, and townhouses. Based on seventeen (17)parking
spaces being proposed, one (1) bicycle parking space is required.
4. Building Elevations (Comp Plan, Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed structure as shown in
Section VII.F. Building materials consist of stucco, stone, wood and metal accent. Final
design is required to comply with the design standards in the Architectural Standards Manual
and recorded development agreement.
The Comprehensive Plan's goal is to require appropriate building design, and landscaping
elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots
into existing neighborhoods.
5. Fencing (UDC 11-3A-6, 11-3A-7):
There is an existingfence along the north property line that was required with the
annexation, zoning and CUP in 2004. No additional fencing required.
E. Transportation Analysis
1. Access (Comp Plan 6.01.02C, UDC 11-3A-3, UDC 11-3H-4):
Access to the property is from E. Fairview Avenue in accord with UDC 11-3A-3.
The Comprehensive Plan's goal is to require new development to establish street connections
to existing local roads and collectors as well as to underdeveloped adjacent properties.
2. Sidewalks (UDC 11-3A-17):
All sidewalks constructed as part of this proposal are required to comply with the standards
listed in UDC 11-3A-17.
F. Services Analysis
1. Pressurized Irrigation(UDC 11-3A-I S):
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single point connection
is utilized, the developer will be responsible for the payment of assessments for the common
areas prior to prior to receiving development plan approval.
2. Storm Drainage (UDC 11-3A-18):
The applicant shall design and construct and adequate storm drainage system in accordance
with the city's adopted standards and shall follow Best Management Practice as adopted by
the city.
3. Utilities (Comp Plan 3.03.03A, UDC 11-3A-21):
Ensure development is connected to City of Meridian water and sanitary sewer systems and
the extension to and through said developments are constructed in conformance with the City
of Meridian Water and Sewer System Master Plans in effect at the time of development. All
utilities are available to the site. Water main, fire hydrant and water service require a twenty-
foot(20)wide easement that extends ten(10)feet past the end of main,hydrant, or water
meter.No permanent structures, including trees are allowed inside the easement.
G. Development Agreement
The Applicant is requesting a modification to the existing Development Agreement (DA)Inst.
#105022224. The current Development Agreement requires a CUP for all uses and restricts the
hours of operation from 7 am to 7 pm. The applicant is requesting the following changes:
City of Meridian I Department Report 11I. Staff Analysis
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The hours of operation for businesses on this site are limited from 5-7 am to 6-7 pm since
the site abuts single-family residences.
UDC 11-113-313 limits hours of operation in the C-G zoning district from 6 am to 11 pm. As the
DA is the governing document for this property,the applicant is requesting that Council approve
a modification of the existing agreement to allow the changes request in the hours of operation for
the drive-through coffee shop.
IV. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
1. Development Agreement Modification:
Fifteen(15)days prior to the City Council hearing,the applicant shall provide the
revised concept plan for the site and landscaping plan showing the employee parking
located on the south side of the lot to align with the parking layout for the adjacent
bank to the west or a layout that is amenable to the staff and the applicant.
a. The modified DA shall be signed by the property owner and returned to the Planning
Division within six(6)months of the City Council approval of the Findings. The DA
shall, at minimum,incorporate the following provisions:
b. Future development of this site shall be generally consistent with the proposed site plan,
landscape plans and conceptual building elevations included in Section VII-D and VII-E
and the provisions contained herein.
c. The site shall not use any form of electronic amplification for communication.
d. The applicant shall work with the neighbor to construct a fence that will block the light
from the vehicles entering the property.
2. Conditional Use Permit:
2.1 The Applicant shall comply with all specific use standards for the proposed use of
Multi-family Residential Development(UDC 11-4-3-27).
2.2 The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and
Administrative Design Review(DES)approvals before submitting for any building
permit within this development.
2.3 Future development shall be consistent with the minimum dimensional standards
listed in UDC Table 11-2B-3-7 for the C-G zoning district.
2.4 Off-street parking is required to be provided by the standards listed in UDC Table I I-
3C-6 for restaurant.
2.5 The Applicant shall comply with all ACHD conditions of approval.
2.6 Provide a pressurized irrigation system consistent with the standards as outlined in
UDC 11-3A-15,UDC 11-313-6, and UDC 9-1-28.
2.7 Upon completion of the landscape installation,a written Certificate of Completion
shall be submitted to the Planning Division verifying all landscape improvements are
City of Meridian Department Report IV. City/Agency Comments &Conditions
in substantial compliance with the approved landscape plan as outlined in UDC 11-
3B-14.
2.8 This project is subject to all current City of Meridian ordinances and shall comply
with the previous conditions of approvals associated with this site (AZ-04-026; CUP-
04-035; DA Inst. #105022224).
2.9 The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and
Administrative Design Review(DES)approvals before submitting for any building
permit within this development.
2.10 Compliance with the standards listed in UDC 11-4-3-I1—Drive-Through
Establishment, Vehicle repair,major and minor UDC 11-4-3-37 and standards listed
in UDC 11-4-3-49—Restaurant is required.
2.11 The landscape buffer along Fairview Avenue shall be located entirely outside of any
existing right-way and any additional right-way required by ACHD with this
application. All trees shall be located beyond the required street right-of-way.
2.12 Provide wheel stops for the compact spaces.
2.13 Provide a copy of the recorded easement for the water connection from the adjacent
property with the submittal of the CZC and Design Review.
2.14 The conditional use permit is valid for a maximum period of two(2)years unless
otherwise approved by the City. During this time,the Applicant shall commence the
use as permitted in accord with the conditions of approval, satisfy the requirements set
forth in the conditions of approval, and acquire building permits and commence
construction of permanent footings or structures on or in the ground as set forth in
UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-513-617.
B. Irrigation Districts
1. Nampa&Meridian Irrigation District
See public record(copy the link into a separate browser)
https://weblink.meridiancity.org/WebLink/Browse.aspx?id=367036&dbid=0&redo=MeridianCit
X
C. Idaho Department of Environmental Quality(DEQ)
See public record(copy the link into a separate browser)
https:llweblink.meridiancity.orglWebLink/Browse.aspx?id=367036&dbid=0&redo=MeridianCit
X
D. Ada County Highway District(ACHD)
See public record(copy the link into a separate browser)
https:llweblink.meridiancioy.orglWebLink/Browse.aspx?id=367036&dbid=O&repo=MeridianCit
X
E. Idaho Transportation Department(ITD)
See public record(copy the link into a separate browser)
https:llweblink.meridiancity.org WWebLink/Browse.aspx?id=367036&dbid=0&repo=MeridianCit
X
City of Meridian I Department Report IV. City/Agency Comments &Conditions
V. FINDINGS
A. Conditional Use(UDC 11-5B-6E)
The commission shall base its determination on the conditional use permit request upon the
following:
l. 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.
Stafffinds that the site is large is enough to accommodate the proposed uses as the site is
0.761 acres. The proposed multi-tenant building with the quick-lube oil change facility and
coffee shop drive-through restaurant will be approximately 1,843 gross square feet overall
and fifty(50)feet in height.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Stafffinds the proposed quick-lube oil change facility and coffee shop drive-through
restaurant will be harmonious with the uses allowed in the Comprehensive Plan and is
consistent with applicable UDC standards with the conditions noted in Section IV of this
report.
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.
Stafffinds the design, construction, operation and maintenance of the proposed use will be
compatible with other uses in the general neighborhood, with the existing and intended
character of the vicinity and will not adversely change the essential character of the 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.
The quick-lube oil change facility and coffee shop drive-through restaurant complies with the
purpose statement of the C-G zone which is to provide the largest scale and broadest mix of
retail, office, service, and light industrial uses. Other permitted uses within the C-G zone
include retail, restaurants,personal and professional services, as well as appropriate public
and quasi public uses.
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.
Stafffinds the proposed use will be served by essential public facilities and services as
required.
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.
Stafffinds the proposed use will not create 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.
Stafffinds the proposed use will not be detrimental to any persons,property or the general
welfare by the reasons noted above.
City of Meridian I Department Report V. Findings
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.
Stafffinds the proposed use will not result in the destruction, loss or damage of any such
features.
9. Additional findings for the alteration or extension of a nonconforming use:
This finding is not applicable.
10. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
11. 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.
This finding is not applicable.
VI. ACTION
A. Staff:
Approval of the proposed conditional use permit with the conditions in Section IV per the
Findings in Section V.
B. Commission:
The Meridian Planning&Zoning Commission heard these items on December 19,2024. At the
public heariniz,the Commission moved to recommend approval of the subject Conditional Use
Permit and Development Agreement Modification requests.
1. Summary of Commission public hearing_
a. In favor: Ethan Hawkins, applicant
b. In opposition:None
C. Commenting
d. Written testimony: Anna Downing=oppose oil change and fast food use due to
proximity to residential neighborhood and many other reasons; Julie Parker—oppose
development because it will be too noisy for the neighborhood as it is scheduled to open
at 5 am and last into the evening; Sean Thompson—Noisy,hectic operations starting at
5 am and lasting into the evening, auto repair machinery and drive through speakers, air
pollution from high traffic and idling vehicles,two businesses with drive through
operations can cause potential traffic problems because they gave to share a common
parking lot structure and ingress/egress,and the reduction of residential property values,
Barry Thompson—In agreement with Sean Thompson; and Sandra G—Oppose the
application and would like less going on around where she lives.
e. Staff presenting application: Linda Ritter
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. None
3. Key issues)of discussion by Commission:
a. Coffee shop opening hours,trash enclosure location,revised site plan
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. Revised site plan
City of Meridian I Department Report VI. Action
C. City Council:
The Meridian City Council heard these items on January 28,2025.At the public hearing.the
Council moved to approve the subject Conditional Use Permit and Development Agreement
Modification requests.
1. Summary of the City Council public hearing:
a. In favor: Ethan Mansfield representing the property owner
b. In opposition: None
c. Commenting: None
d. Written testimony: Sean Thompson
e. Staff presenting application: Linda Ritter
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony:
a. Fencing t„ hie adjacent residential property to block headlights from vehicles entering
the property.
3. Kev issue(s)of discussion by City Council:
a. Amplified speakers. fencing
4. City Council change(s)to Commission recommendation:
a. No amplified speakers for the property.
b. Work with adjacent residential property owner to install fencing that blocks the vehicle
headlights entering the property.
City of Meridian I Department Report VI. Action
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5. Map Notes
Nearby Recent Preliminary Plats within last 5-years)
H-2018-0071 H-2019-0121 H-2020-0116 H-2021-0012 H-2022-0008 H-2022-0069
H-2023-0040 H-2023-0058 H-2024-0021
Nearb Recent Conditional Use Permits within last 5-years)
H-2018-0107 H-2021-0103 H-2022-0046
B. Subject Site Photos
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City of Meridian Department Report VII. Exhibits
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C. Service Accessibility Report
PARCEL S1104438700 SERVICE ACCESSIBILITY
Overall Score: 29 30th Percentile
Criteria Description
Location In City Limits
Extension 5ev ei Trunkshed mains < 500 ft. from parcel
Floodplain Either not within the 100 yr floodplain or - 2 acres
Emergency Services Fire Response time 5-9 min. YELLOW
Emergency yen+ices Pclice Meets response time goals most of the time
Pathways Not within 1/4 mile of current or future pathways
Transit Within 1/4 mile of current transit route
Arterial Road Buildout Status Ultirnate configuration (#of lanes in master streets YELLOW
plan) > existing (# of lanes) & road IS in 5 yr work plan
School Walking Proximity From 1/2 to 1 mile walking YELLOW
Either a High School or College within 2 miles OR
School arivability Middle or Elementary School within 1 mile driving
(existing or future} r,
Either a Regional Park within 1 mile OR a Community
Park lWalkability Park within 1/2 mile OR a Neighborhood Park within BEEN
1/4 mile walking
City of Meridian I Department Report VII. Exhibits
D. Revised Site Plan (1/21/2025)
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City of Meridian Department Report VII. Exhibits
E. Landscape Plan (date: 10/29/2024)
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City of Meridian Department Report VII. Exhibits
F. Building Elevations(date: 6/21/2024)
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City of Meridian I Department Report VII. Exhibits
VIII. ADDITIONAL NOTES & DETAILS FOR STAFF REPORT MAPS,TABLES,AND CHARTS
(link to Community Metrics)
A. One-Mile Radius Existing Condition Notes
This data is automatically derived from enterprise application and GIS databases, and exported
dynamically. Date retrieved notes generally reflect data acquired or processed within the last 30-
days.Analysis is based on a one-mile radius from the centroid of the identified parcel. Parcel
based data excludes certain properties and represents land as it exists now. Properties considered
are only those with a total assessed value greater than 0(i.e. excludes most HOA area,transitional
development, government,and quasi government facilities). The following values also constrain
included property acreage to reduce outliers and non-conforming instances from distorting
averages: R-2<5.0; R-4<2.0; R-8< 1.0; R-15 <0.5; R-40<0.25.
Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as
they may be for the same project, approved at different times through multiple application types.
Consider each independently or review prior application approvals. Some approved entitlements,
and particularly older ones,may be constructed.
Decennial population counts and household counts are based on the most recent Decennial
Census. Current population and current household values are COMPASS estimates,usually for
the year previous, and are based on traffic analysis zone boundaries(TAZ's).
B. Mixed Use Analysis Notes
This data is derived from enterprise application and GIS databases, and exported dynamically.
Data considered for analysis are only those areas overlapping the overall Mixed Use boundary
area. Mixed Use areas across arterial roadways are distinct, separate, and not considered as they
do not meet the mixed use principles in the Comprehensive Plan(e.g.pedestrian safety,
transportation efficiency, etc.). Mixed Use parcel areas may be greater or smaller than the future
land use area designation boundary due parcel size,configuration,right-of-way, and other factors.
Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as
they may be for the same project, approved at different times through multiple application types.
Consider each independently or review prior application approvals.
C. Service Assessment Notes
This data represents existing conditions derived from our enterprise application and GIS database,
exported through dynamic reporting. The system references the most recent available data from
various sources, including sewer main lines, sewer trunksheds, floodplain, fire service areas and
response times,police crime reporting,pathway information,existing and planned transit,
roadway improvements, school and park proximity, and other resources.
The tool provides context for project review,using multiple indicators consistently. Data from
similar topics may vary based on different levels of review.
The overall score is based on weighted criteria(not a ranked order), and the percentile score
compares the parcel to others in the city(higher is better). This tool was developed as a City
Council priority and outcome of the 2019 Comprehensive Plan. Scores,whether high or low, are
just one data point and should not be the sole basis for decisions.
D. ACHD Roadway Infographic Notes
The Ada County Highway District utilizes a number of planning and analysis tools to understand
existing and future roadway conditions.
• Existing Level of service(LOS).LOS indicator is a common metric to consider a
driver's experience with a letter ranking from A to F.Letter A represents free flow
conditions, and on the other end Level F represents forced flow with stop and go
City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report
Maps, Tables, and Charts
conditions. These conditions usually represent peak hour driver experience. ACHD
considers Level D, stable flow,to be acceptable. The LOS does not represent conditions
for bikes or pedestrians, nor indicate whether improvements: are possible; if there are
acceptable tradeoffs; or if there is a reasonable cost-benefit.
• Integrated Five Year Work Plan (IFYWP).The IFYWP marker(yes/no) indicates
whether the specified roadway is listed in the next 5-years. This work may vary, from
concept design to construction.
• Capital Improvement Plan(CIP).The CIP marker(yes/no)indicates whether the
specified roadway is programmed for improvement in the next 20-years.
City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report
Maps, Tables, and Charts
w IDIAN�
AGENDA ITEM
ITEM TOPIC: Resolution No. 25-2511: A Resolution Vacating Five Feet of a Ten-Foot-Wide
Permanent Public Utility, Drainage, and Irrigation (PUDI) Easement Encumbering Lot 12, Block 9
of Graycliff Estates Subdivision No. 5, Being More Particularly Described in Exhibit "A"; and
Providing an Effective Date
Ada County Recorder Trent Tripple 2025-021957
Boise,Idaho Pgs=4 vbailey 04/11/2025 11:55:22 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
CITY OF MERIDIAN RESOLUTION NO. 25-2511
BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON,
STRADER, TAYLOR, WHITLOCK
A RESOLUTION VACATING FIVE FEET OF A TEN-FOOT-WIDE PERMANENT
PUBLIC UTILITY, DRAINAGE, AND IRRIGATION (PUDI) EASEMENT
ENCUMBERING LOT 12, BLOCK 9 OF GRAYCLIFF ESTATES SUBDIVISION NO. 5,
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 25, 2025 the City Council of the City of Meridian held a hearing to
vacate five feet of a ten-foot-wide permanent public utility, drainage, and irrigation (PUDI)
easement encumbering Lot 12, Block 9 of Graycliff Estates Subdivision No. 5; and
WHEREAS, after such hearing, the City Council, by formal motion, did approve said
described vacation; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MERIDIAN CITY, IDAHO:
Section 1. That five feet of a ten-foot-wide permanent public utility,drainage, and irrigation
(PUDI) easement encumbering Lot 12, Block 9 of Graycliff Estates Subdivision No. 5, as fully
described in Exhibit"A", is hereby vacated.
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
Passed by the City Council of the City of Meridian, Idaho, this 8th day of April, 2025.
Approved by the Mayor of the City of Meridian, Idaho, this 8th day of April, 2025.
Easement Vacation—Graycliff Estates Subdivision H-2025-0005
Attest:
Mayor Robert E. Simison 4-8-2025 Chris Johnson, City Clerk 4-8-2025
STATE OF IDAHO )
) ss:
County of Ada )
On this_8th day of April, 2025, 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.
Notary Public
My Commission Expires: 3-28-2028
Easement Vacation—Graycliff Estates Subdivision H-2025-0005
EXHIBIT A
Legal Description
Graycliff Estates Subdivision No. 5
Public Utilities, Pressure Irrigation, and Lot Drainage Easement Vacation
A portion of the easement located on Lot 12, Block 9 of Graycliff Estates Subdivision No. 5 as shown
in Book 129 of Plats on Pages 21016 through 21018, records of Ada County, Idaho, being located in
the SE %of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada
County, Idaho, and more particularly described as follows:
Commencing a point marking the southwest corner of said Lot 12, from which a point marking the
southeast corner of said Lot 12 bears S 89004'16" E a distance of 125.41 feet;
Thence N 64°16'12" E a distance of 11.14 feet to the POINT OF BEGINNING;
Thence N 0°27'25" E a distance of 5.00 feet to a point;
Thence S 89°04'16" E a distance of 110.49 feet to a point;
Thence S 0055'44" W a distance of 5.00 feet to a point;
Thence N 89'04'16"W a distance of 110.45 feet to the POINT OF BEGINNING.
This parcel contains 552 square feet(0.013 acres) more or less.
Clinton W. Hansen, PLS
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Graycliff Estates Subdivision No.5
Job No.21
Land surveying and Consulting
Page 1 off 1 1
GRAYCLIFF ESTATES SUBDIVISION NO. 5
PUBLIC UTILITIES, PRESSURE IRRIGATION AND LOT DRAINAGE EASEMENT VACATION
A PORTION OF THE EASEMENT LOCATED ON LOT 12, BLOCK 9
OF GRAYCLIFF ESTATES SUBDIVISION NO. 5
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www.landsolutions.biz JOB NO.21-29
w IDIAN�
AGENDA ITEM
ITEM TOPIC: Resolution No. 25-2510: A Resolution Vacating a Portion of the Existing City
Water Easement Generally Located on the Northern Portion of the Property Adjacent to W.
Baldcypress Street on Lot 1, Block 1, Smitchger Subdivision North, Being More Particularly
Described in Exhibit "A"; and Providing an Effective Date
Ada County Recorder Trent Tripple 2025-021956
Boise,Idaho Pgs=4 vbailey 04/11/2025 11:53:10 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
CITY OF MERIDIAN RESOLUTION NO. 25-2510
BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON,
STRADER, TAYLOR, WHITLOCK
A RESOLUTION VACATING A PORTION OF THE EXISTING CITY WATER
EASEMENT GENERALLY LOCATED ON THE NORTHERN PORTION OF THE
PROPERTY ADJACENT TO W. BALDCYPRESS STREET ON LOT 1, BLOCK 1,
SMITCHGER SUBDIVISION NORTH, BEING MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 25, 2025 the City Council of the City of Meridian held a hearing on
the vacation of a portion of the existing city water easement generally located on the northern
portion of the property adjacent to W. Baldcypress Street on Lot 1, Block 1, Smitchger Subdivision
North; and
WHEREAS, after such hearing, the City Council, by formal motion, did approve said
described vacation; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MERIDIAN CITY, IDAHO:
Section 1. That a portion of the existing city water easement generally located on the
northern portion of the property adjacent to W. Baldcypress Street on Lot 1, Block 1, Smitchger
Subdivision North, as fully described in Exhibit "A", is hereby vacated.
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
Passed by the City Council of the City of Meridian, Idaho, this 8th day of April, 2025.
Approved by the Mayor of the City of Meridian, Idaho, this 8th day of April, 2025.
Easement Vacation—Baldcypress Multi-Family H-2025-0003
Attest:
Mayor Robert E. Simison 4-8-2025 Chris Johnson, City Clerk 4-8-2025
STATE OF IDAHO )
ss:
County of Ada )
On this_8th day of April, 2025, 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.
Notary Public
My Commission Expires: 4-8-2025
Easement Vacation—Baldcypress Multi-Family H-2025-0003
Kimley>>>Horn
EXHIBIT A
December 23, 2024
Waterline Easement Vacation Description
A parcel of land located in the Southwest Quarter of the Southwest Quarter of Section 33,
Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and as
conveyed on the certain Smitchger Subdivision North recorded in Plat Book 99 of Plats, Pages
12639-12641 of official Ada County Records, being more particularly described as follows:
Commencing at the Southwest Corner of Section 33, Township 4 North, Range 1 East, Boise
Meridian, from which the West Quarter Corner of said Section 33 bears North 0030'13" East, a
distance of 2654.23 feet; thence along the Section line of said Section 33, North 0°30'13" East,
a distance of 1327.12 feet and South 89049'50" East, a distance of 421.35 feet to the Northwest
Corner of Lot 1 Block 1 of said Smitchger Subdivision North and South 89°49'50" East, a
distance of 528.68 feet along the north line of said Lot 1 and South 0028'01" West, a distance
of 24.00 feet to the POINT OF BEGINNING of this description:
Thence South 0°28'01"West, a distance of 20.00 feet;
Thence North 89°49'50"West, a distance of 475.29 feet;
Thence North 0°28'01" East, a distance of 20.00 feet;
Thence South 89°49'50" East, a distance of 475.29 feet to the POINT OF BEGINNING.
Containing 9,506 square feet or 0.22 acre of land.
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SECTION 33, T4N, R1 E, B.M. 33, T4N, R1 E, B.M.
(CP&F NO. 109103130) (CP&F NO. 105189294)
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PROJECT: TITLE: JOB NO.: 193170000
Kimley*Horn 20' EASEMENT SCALE: 1"=100'
1100 W. IDAHO STREET EXHIBIT "B I' DATE: 1212312024
S" E VA CA TION
�. bAHO�� SHEET:
�� SHEET 2 OF 2
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: City of Meridian Financial Report - February 2025
City of Meridian
Monthly Financial Report
FY2025
Feb-25
Table of Contents
Report Name Page Number
Investment Graphs 2
Fund Balance 3
r ins
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Monthly Financial Report ��E IDIAN^-'
FY2025
Feb-25
City of Meridian Investment Portfolio Yield by Investment Type
IDAHO STATE
POOL 4.48%
IDAHO BOND
3.60%
FUND
CASH 0.00%
FI8
•FIB MoneyMarket$5,246,392 -Cash$17,108,564 MONEYMARKET 4.72%
•Idaho Bond Fund$77,828,856 •Idaho State Pool$136,643,774
City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance
by Major Fund by Major Fund
$4,000,000
$130,000,000 —
$3,500,D00 —
$3,000,000 — $125,000,000
$2,500,000
$120,000,000
$2,000,000 —
$115,000,000
$1,500,000
$1,000,000 $110,000,000
$500,000
$105,000,000
$o
General Enterprise $100,000,000
General Fund Enterprise Fund
■Total Budget ■Actual YTD ■FY25 ■FY24
F:\Reporting\Monthly Reports\FY2025\FY25-5 Feb Council Report 2 of 3
Monthly Financial Report
FY2025 Ci�fIENty
Feb-25
2/1/2025
GOVERNMENTAL FUNDS BALANCE ALLOCATIONS
$120,000,000
$100,000,000
$80,000,000
$60,000,000
$40,000,000
$20,000,000
,Atl
9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 9/30/2024
■Nonspendable ■Restricted ■Committed ■Assigned ■Assigned Reserves ■Unassigned
ENTERPRISE FUND BALANCE ALLOCATIONS
$120,000,000
$100,000,000
$80,000,000
$60,000,000
$40,000,000
$20,000,000
9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 9/30/2024
■Assigned ■Unassigned ■Assinged Reserves
F:\Reporting\Monthly Reports\FY2025\FY25-5 Feb Council Report 3 of 3
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Transportation Commission Update to City Council
C� f1E RIt4,,
3AH
MEMO TO CITY COUNCIL
Agenda Topic on the City Council Agenda
From: Meridian Transportation Commission Meeting Date: April 8, 2025
Presenter: Walter Steed, Chair Estimated Time: 15 minutes
Topic: Transportation Commission 2024 End of Year Report
Meridian Transportation Commission
- Walter Steed, Chair - Stephen Lewis -Tom LeClaire
-Jared Smith, Vice-Chair -Tracy Hopkins - Zachary Shoemaker
- David Ballard - Ryan Lancaster - Hoyoon Song & Lilly Miller
The Meridian Transportation Commission (TC)was formed in February 2013 with Ordinance No. 13-152.
The Commission consists of nine appointed commissioners and meets in the Council Chambers on the
first Monday of each month. Walter Steed and Jared Smith served as Chair and Vice-Chair respectively
in 2022, 2023 and 2024. Walter Steed was re-elected to Chair for 2025 and Tom LeClaire was elected for
Vice-Chair. Hoyoon Song served as the Youth Commissioner from October 2022 through September
2024. Other members have retained their positions for years.
Representatives from Idaho Transportation Department (ITD) District 3, Ada County Highway District
(ACHD), COMPASS, Valley Regional Transit (VRT), and the West Ada School District (WASD) participate
as ex-officio members. Under the direction of Caleb Hood, Long-Range Associate Coordination Planner,
Hether Hill, provided primary staff support to the Commission for most of 2024; Tishra Murray, Deputy
City Attorney, provided legal guidance. From the Meridian Police Department, either Sergeant Tara
Smith or Corporal Trevor Weitzel were present, providing updates/expertise related to traffic issues and
safety. City Staff provides the TC monthly updates regarding the progress of ITD and ACHD projects in
design and construction. Each meeting, time is set-aside for all Ex-Officio members to provide monthly
updates on activity in their area. City staff from Police and Parks and other staff from the ex-officio
agencies interact with the Commission from time-to-time, as do members of the public.
In January and February 2024, the Commission prepared their recommendations to Council on the
highest priority Roadway and Intersection projects and Community Programs for 2024. This work was
the culmination of the Commission's work from previous months, including recommendations from the
TC Prioritization Subcommittee.
In March, the Commission reevaluated the lists of Road and Intersection and Community Program
projects following City Council's review of the draft list in late February and the questions/concerns that
followed. Kristy Inselman, ACHD, provided the Commission with an overview of what neighborhood
plans are, as well as an update on the Downtown Meridian Neighborhood Transportation Plan.
In April, Kim Warren, Parks and Recreation Department, shared recent accomplishments; an overview
of planning for pathways, maintenance of GIS pathway maps; and discussed the process for in-house
pathways design, implementation and an overview of the development entitlement process. Dan Gorley,
ITD, also presented to the Commission and covered the SH-16 project, addressing the vision, timeline,
construction updates and future interchanges. Caleb Hood provided a refresher on section line arterial
roadways, most of which are planned to be preserved for 5 lanes. Mr. Hood shared concerns with some
of the listed roadway segments and impacts to the community if roadways were built out to the planned
right-of-way width shown on ACHD's Master Street Map.
In May, Brooke Green (ACHD), provided a presentation on the Linder Rd., Pine/Ustick Ave Concept Study.
The update included a summary of the previous public involvement meetings, status of current property
owner meetings, revised concepts (3 total), including number of parcel acquisitions required, high-level
cost estimates for all three alternatives and upcoming Meridian City Council meeting presentation. The
Commission recommended City Council support Concepts#2 or#3. During the May meeting, Emily Kane
presented upcoming changes to the Meridian City Code, with the objective to update ordinances and
simplify processes as part of the City of Meridian's 2021-2025 Strategic Plan. Ms. Kane discussed changes
in Title 2 that relate to the Transportation Commission,which generally reflect the commission's current
practices and will provide uniformity in the code. Following the Mayor's letter to ACHD regarding the
Locust Grove/Amity intersection project, Brian McClure was available to take any of the Commission's
comments/feedback for an interim intersection request due to traffic congestion and the project being
put on an indefinite pause. Ricardo Calderon (ACHD) was also available to discuss interim solutions,
including approximate timelines, costs and impacts to other project prioritizations. The Commission did
not make a motion or recommendation for an interim intersection and stood behind the City's prioritized
list of projects in the Integrated Five Year Work Plan (IFYWP). Lastly, Caleb Hood refreshed the
Commission on the April meeting, where information on the ACHD Master Street Plan, Capital
Improvements Plan (CIP) and a summary of communications with ACHD regarding the preservation of
more than 3-lanes on section-line arterial roadways took place.
In June, Mr. Hood was back to request a recommendation from the Commission in anticipation of
sending a formal request from the City to ACHD to amend the Master Street Map (MSM). Mr. Hood
emphasized that the current MSM conversation is about preservation for section line arterial to
accommodate 5 travel lanes.The Commission also received a report from Justin Price (ITD) on crash data
at the Chinden/Linder intersection for 2021, 2022 and 2023 following a citizen's concern about the safety
of U-turns at the signalized intersection. John Wasson (ACHD) shared that ACHD is in the process of
installing approximately 80 speed humps across the County.
In July, Mr. Hood provided a copy of the letter sent to ACHD addressing the City's request to increase all
section line arterial roadways from three lanes to five, or 100 feet of right-of-way. Segments of
Cherry/Fairview and Overland, which are preserved for seven lanes, or 120 feet of right-of-way, were
excluded from the recommendation until such a time traffic counts can be evaluated. Hether Hill shared
with the Commission that City Council chose Concept#2, standard 5-lane road without roundabouts,for
the Linder Road Concept Study. Seth Jarsky (ACHD) provided an update on the Ustick, Owhyee Storm to
Black Cat project, including community survey results. Miranda Carson (WASD) announced that Durham
School Services will be servicing the District starting in Fall 2024 for a 5-year contract.
In August, the draft ACHD Integrated Five-Year Work Plan for 2025-2029 was shared, as it was available
for public review and comment.There were several adjustments to the projects for the Commission and
staff to digest. John Wasson (ACHD) reported that ACHD had conducted their evaluation for the Lost
Rapids/Bird Park intersection and found there are adequate gaps in traffic to allow for crossing and a
painted crosswalk is not needed.
In September, Commissioners and staff met at the Public Safety Training Center for an informational
presentation and demonstration of a crash reconstruction provided by the Meridian Police Department.
In October, the Commission received a presentation from Mindy Wallace (ACHD) on the Traffic Impact
Study process. Alissa Taysom (VRT) provided a ridership update following the June 2024 Service Change
on fixed route bus services.
In November, Mr. Wasson provided an update on ACHD's investigation of visibility and sight distance at
the intersection of Corporate/S. Progress (based on a request from the Mayor's Office in June). There
was also continued discussion about traffic impacts from Rockharbor Church on the intersection of Tree
Farm/Chinden and the ability of residents to access their homes.
In December, Hether Hill provided a recap of ACHD's Draft Traffic Calming Policy process as part of a
final opportunity to provide any feedback/comments to ACHD prior to policy adoption. Ms. Hill also
provided an update to the Commission on efforts related to the Meridian Intersection Pedestrian Safety
(MIPS) report and identifying projects to move forward with using funds allocated by City Council in the
FY25 Budget.
A complete record of TC minutes can be found here:
https://weblink.meridiancity.org/WebLink/Browse.aspx?id=311586&dbid=0&repo=MeridianCity
The Transportation Commission is grateful for the opportunity to provide service to the citizens of
Meridian and City Council regarding transportation systems in our community.
TRANSPORTATION 1 2024 END OF YEAR REPORTCOMMISSION
2024 Meridian Transportation Commissioners Hoyoon Song / Lilly Miller (Youth)Ryan LancasterTom LeClaire, Vice Chair (2025)Tracy HopkinsStephen LewisChair (2024)-Jared Smith, ViceZach
ShoemakerDavid BallardWalter Steed, Chair 2
•www.westada.orgHether Hill/Caleb Hood–Planning Kim Warren/Mike Barton–Parks Tara Smith–Police Tishra Murray–Legal City Staff www.achd.ada.id.uswww.compassidaho.orgwww.itd.idaho.govwww.valleyregional
transit.org 3 Officio, Agency & Department Support -Ex Miranda CarsonWest Ada School District (WASD)•Lila KlopfensteinCOMPASS •Alissa Taysom/Kate DahlValley Regional Transit (VRT)•Justin
PriceThe Idaho Transportation Department (ITD)•John WassonThe Ada County Highway District (ACHD)
Transportation Priorities 4
Pathways, MIPS Projects, & MSM MapStreetMaster 5
6
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Proposed Updates to Title 5, Meridian City Code - Parks & Recreation
Mayor Robert E. Simison
City Council Members:
ER,IDnIAN,.,Z_� Luke railer,Cavener, President
Liz Strader,Vice President
Brian Whitlock
Doug Taylor
John Overton
Anne Little Roberts
MEMORANDUM
DATE: March 10, 2025
TO: Mayor Robert E. Simison
Meridian City Council
FROM: Emily Kane, Deputy City Attorney
RE: Overview of proposed updates to Title 5, Meridian City Code
This memorandum is provided to update you on the proposed changes to Title 5, Meridian City
Code, the Parks and Recreation Code (currently in Title 13).
I prepared this update to Title 5 as part of a greater effort to review and streamline Meridian City
Code. The City of Meridian's 2021-2025 Strategic Plan includes this goal: "[U]pdate
ordinances and simplify processes in order to improve effectiveness and provide premier services
to our citizens." One of the enumerated strategies supporting this goal is to "perform a complete
review of all ordinances, codes and policies in the City of Meridian to assess their value and
relevance to the community." To advance this strategy, the City Attorney's Office is
undertaking a comprehensive overhaul and restructuring of the City Code, in order to improve
the Code's clarity, consistency, effectiveness, and navigational utility.
The attached proposed updates to Title 5, Meridian City Code are part of this project. Among
other things, the changes to Title 2 will:
• Move the Parks &Recreation Code from Title 13 to Title 5. This will close the gap between
Title 11 (United Development Code) and Title 13 (current location of the Parks Code),
thereby shortening the City Code overall. Title 5 is currently for the Fire Department,but the
provisions that were in Title 5 have been moved to Title 4 (Public Health& Safety) and will
be moved to Title 1 (City Administration).
• Clarify expectations for commercial uses of parks, including for short-term concessionaires
(vendors selling food and drink to the public as part of a privately organized event, e.g. a
tournament, game day, company party).
• Shortens the timeframe for processing permit applications (Short-Term Concession Permit—
from 21 to 14 days; Amplified Sound Permit—from 21 to 7 days)
• Update the general park regulations; simplify enforcement by making the default penalty an
infraction.
• Provide guidelines for pathway use, including prohibiting the use of off-highway vehicles
and golf carts on pathways.
• Clarify enforcement tools (I-dayejectment and 14-day exclusion notices), authorized
personnel, and penalties.
• Enhance provisions regarding the City Arborist and the Meridian Forestry Program for
clarity and for compliance with the National Arbor Day Foundation requirements for the
City's designation as a Tree City USA.
City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-898-5506 . www.meridiancity.org
I presented the proposed changes to the Meridian Parks &Recreation Commission at their
meeting on February 12, 2025. The discussion included the following questions and comments:
• Suggestion to clarify the "hard surfaces" on which glass is prohibited(Changed to say
"asphalt, concrete, or other hard surface.")
• Discussion of use of e-bikes on pathways (E-bikes are allowed because e-bikes are bicycles
per Idaho Code.)
• Discussion of use of shared use of pathways—use of motorized products, enforcement
mechanisms, etiquette, potential to add lines dividing pathways into lanes, signs explaining
pathway rules/etiquette (Infrequent conflicts on pathways make ad hoc public education an
appropriate approach at this point; proposed code language is adequate.)
• Discussion of whether the city arborist provisions belong in Title 8 or possibly Title 1
(Moved to Title 5 as a second chapter.)
• Discussion of aerial toys v. remote controlled aerial toys/drones (Use of both motorized and
nonmotorized aerial toys are allowed unless other people are around.)
• Question regarding serving alcohol at a private event(A shelter permit is required in order to
consume or share alcohol.)
• Question regarding state fishing licenses (IDFG license is required to fish anywhere in Idaho,
including in Meridian parks.)
• Question about where smoking is allowed in parks (Smoking is allowed in parking lots only.)
• Question about where the rules apply, specifically, whether they apply at the golf course
("Except as expressly authorized by the director" allows separate rules for each facility; e.g.,
smoking is not allowed anywhere but parking lots in City parks, but smoking is allowed on
the golf course, 100' from buildings.)
City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-898-5506 . www.meridiancity.org
DRAFT • 3/10/2025
�ITLE 435�PARKS Commented[EK1]:Moving Parks and Rec Code from
CHAPTER 21.PARKS AND RECREATION REGI 11 ATIGNS Title 13 to Title 5. Close gap between UDC(Title 11)and
Parks Code(Title 13)-there is no Title 12. Title 5 was
113 2 1.PaFks and Recreation n,.paFt..eRt,.Feat,.al Fire Department-relevant provisions will be moved to
Title 1(City Administration)and Title 4(Public Health&
Safety).
o...i,';....,I o,.,..,...+i,..,n,......+...,...+
Commented[EK2]:Covered by Meridian City Code
33-2-25-1-1.Definitions. section 1-8-1
For purposes of this chapter,the following terms shall be defined as follows:
A.Administrative policy.A written policy,rule,or practice of the Meridian Parks and Recreation
Department,approved by the Director and by Fesel ,tier of City r,.,,new1posted on the Department's
website,concerning the administration,regulation,or operation of park amenities,recreational
programming,or other function of the department.
B.City park.Any and all designated park or recreational lands or facilities that are open to or accessible
by the public and are owned by the City of Meridian.
C.Commission.The City of Meridian Parks and Recreation Commission.
D.Contract concessionaire.A person or entity who sells,trades,gives away,or offers or displays for sale,
trade,or giveaway,any good or service pursuant to a currently effective,written agreement with the
City of Meridian.
E.Department.The Meridian Parks and Recreation Department.
F.Director.The Director of the Meridian Parks and Recreation Department or his/her designee.
G.Director's order.A written or verbal order of the Director establishing a decision or directive regarding
a specific inquiry or issue concerning the administration,regulation,or operation of park amenities,
recreational programming,or other function of the Department.
H.Mobile soup kitchen.A temporary establishment,conducted by a nonprofit organization exempt from
federal income tax under 26 USC section 501(c),engaged in the preparation and provision of food to
and/or for the needy,including persons who by reason of age,disability,or illness are unable to prepare
meals for themselves.
1.Outdoor market.See definition in title 3,chapter 4 of this Code.
J_Park amenity.Any facility,physical space,land,recreational or utilitarian equipment,infrastructure,
building,plant,landscaping,field,sports complex,swimming pool,golf course,trail,pathway,or other
attraction,whether natural or manmade,that is in and/or part of a city park.
K.Nonreservable park amenity.A park amenity that may not be reserved,as specifically designated as
such by the Department,or as may be implied by omission.
Page 1
DRAFT • 3/10/2025
L_Reservable park amenity.A parka menity that maybe reserved by prior arrangement with the
Department and payment of any required fee.
M.Private gathering.A gathering of persons not open to the general public.
N.LSell.to exchange goods or services for money:to trade or give away goods or services:or to offer or - Commented[EK3]:Added to clarify provisions
display goods or services for sale,trade,or giveaway. related to commercial activity in City parks.
O.Short term concessionaire.A person or entity in any city park who sells to the public,trades,gives
away,or offers or displays for sale,trade,or giveaway,any food or beverages.
P.Special event.See definition in title 3,chapter 4 of this Code.
Q.Sponsor.A person or entity allowed or engaged by the Department to provide monetary or in-kind
support for a department event,program,or facility.
• Commented[EK4]:Moved to Meridian City Code
section 1-8-4.
13-2-45-1-2.Use of park amenities.
A PGFks to"^mega^t^'Compliance with regulations.No person in any park shall fail or refuse to
comply with directions given by police officers or duly authorized representatives of the Director in
regulating the time,place,and manner of any activity in any park when necessary to maximize use
and secure the safety,comfort_and-or convenience of all park users.
B. Regulations for use and reservation of all park amenities.The following regulations F^^o,g the
time .,lace and MARRPff Af th^. atie.ARd, e of all pair,ameRities shall apply generally to
the use of any and all park amenities:
1. First come,first served.Unless reserved in accordance with department procedures and
policies,all park amenities shall be available on a"first come,first served"basis.No person
shall be authorized to use any unreserved park amenity to the exclusion of other persons or
uses except at such time at which and by such person by whom a park amenity is reserved
pursuant to the provisions of this chapter.
2. No admission to be charged. No person or organization,including a person or organization
with a reservation,may charge admission to any park or park amenity without written
permission of the Director.
C. Regulations for use and reservation of all reservable park amenities. In addition to the regulations
applicable to the reservation and use of all park amenities as set forth above,the following
regulations FegaFdmng the time place,and r of the Fesewatien and, ^f.^ ervable paFk
�'t'^^;shall apply generally to the use of any and all reservable park amenities.
1. Reservation request.Any person or organization may request that the department
reserve a reservable park amenity for its lawful use.Upon receipt of such request and
payment of applicable fees as established by fee schedule,the department shall reserve the
reservable park amenities e'ties amenity at the tome and plae^ in the manneic,and according to the
Page 2
DRAFT • 3/10/2025
procedures for equitably allocating reservations as enumerated by administrative policy.No
reservation fee shall apply to historic Meridian special events as defined in title 3,chapter 4
of this Code.
2. ' ^�0 e4 Scope of reservation.The authority of a reserving party to exclude other persons or
uses from a reservable park amenity extends only to that imparted by the specific terms of a
valid reservation.The reservable park amenity specified on a written reservation shall be the
only park amenity reserved by and for the reserving person or organization.In no case shall
the reservation of a reservable park amenity impart authority to physically touch or remove
any person,object,or use from a�Sbelter ark amenit or to violate any other provision of Commented[EK5]:Update since we now take
law. reservations of amenities other than shelters.
3. Insurance M^ -d.Any person required to maintain liability insurance coverage as
specified in this chapter or by any other applicable law,policy,or permit shall maintain such
coverage at all times during such party's use of a reservable park amenity.
4 ReseFvecl PGAk G..genity to be left i SGme cCondition following use. Reserving parties shall
leave reserved park amenities clean of debris and in the same condition after use,which duty
shall include the disposal of waste,garbage and other refuse in disposal receptacles provided.
If no such tra,;h receptacles are available,then the reserving party shall remove its refuse and
trash from the park area upon vacating the park.Upon violation of this section,i'n addition to
other civil and criminal remedies,the department may deny or revoke subsequent
reservations to tke-v4 t'ng2Dy_person or organization who violates this section.
5. Cnmre-i^'••Use of reservable park amenities,goods and services.Except as otherwise
allowed by Director's order or written permit,during any reservable time,no person shall use
a reservable park amenity to sell or offer for sale any good or service that a contract
concessionaire sells or offers or displays for sale at that park.Provisions of this chapter
regarding specific regulated use of parks may also apply to sales of goods or services in parks.
6. Com Ire- 1••Use of reservable park amenities;recreation.Except as otherwise allowed by
Director's order or written permit,during any reservable time,no person shall use a
reservable park amenity to sell or offer for sale any recreational programming that is available
to the public from or offered to the public by the Department at that park.
33 2-55-1-3.Specific regulated uses of parks.
In addition to laws or policies of general applicability,the following standards regarding the time,
place,and manner of operation or occurrence of these specific park uses shall also apply:
A. Special events and outdoor markets.A"special event"or"outdoor maFket",market;•as such
terms are defined in title 3,chapter 4 of this Code,shall be allowed in a City park subject to
compliance with each and all of the following regulations on the time,place,and manner of
operation of such muse:
1. Temporary use permit required. No person shall operate a special event in a City park
without first obtaining a temporary use permit from the City Clerk's Office.
Page 3
DRAFT • 3/10/2025
Commented[EK6]:Deleting unnecessary language
32. Reservable park amenity reservation required.Where a special event is occurring at,
utilizing,or would impede the typical use of a reservable park amenity,the organizer of
the special event shall be required to reserve such amenity and all reservation fees shall
apply.
B. Mobile sales units.A"mobile sales RitLt ,unit,"as that term is defined in title 3,chapter 4 of
this Code,shall be allowed to operate in a City park subject to compliance with each and all of
the following regulations on the time,^Iar^,and FiganneF Of^peFatien of applicable to such
use.
1. Mobile sales unit license required. No person shall operate a mobile sales unit in a park
without first obtaining a City of Meridian mobile sales unit license from the City Clerk's
Office and express,written approval from the Director or designee.
2. Director approval.The approval of the Director or designee to operate a mobile sales
unit in a park shall be limited as to the park(s),scope,and authority conveyed by such
approval.The Director may decline to approve the application of any mobile sales unit
to operate in a park where such mobile sales unit seeks to provide or offer:
a. 15^F^VidiRg OF^FF^Fi ig Services or programming otherwise available from the
department;
b. is n..o.,idinn^.nF e4%^Goods that a contract concessionaire sells at that park;
C. 15 preyiaiRg OF^cr^.in. ^Goods,services,or programming that are incompatible
with other lawful park uses or administrative policy.
Cher- -tern;-.. n peF..�.it not v .n.J Cl.Art♦n.m n nifinnll.,
rih„paFks aFe of v ed to obtain a sheet tnvm concession R1#
C. Short-term concessionaires.A"short-term eeRGessiGRaii:^ concessionaire,"as that term is
defined in this chapter,shall be allowed to operate in a park subject to compliance with each
and all of the following regulations on the time,place,and manner of operation of such use.
1. Invitation required.It shall be unlawful to operate or act as a short-term concessionaire
in a park without first obtaining a written invitation to operate such concession from t4e
the holder of a valid reservation of a reservable park amenity or the organizer of a public
or private event[ NiceeteF.O'desi^^oo Such invitation must be expressly conveyed,and Commented[EK7]:Changes inviting party from MPR
shall be nontransferable and limited to the scope and authority conveyed by such Director to reservation holder.
invitation.cU Gh i...,i#AiGR May be in the feRn G f El Fes..n,-.L.I. Pa FI(aFReR#y
FeseFV2tiGn The_DiFe Gto.m ,.Iodine to extend a ,itntion to any�heit to.m
nnn-n. inn-,i.n.
'" Commented[EK8]:Moved below.
2.Limit one.A party reserving a reservable park amenity or the organizer of a public or
private event shall not extend an invitation to more than one(1)short-term
concessionaire.if two(2)or more short-term concessionaires are present,a temporary
use permit shall be required. Commented[EK9]:Differentiates regular
reservations and special events.
3.Director approval.The approval of the Director or designee of a short-term concessionaire
in a park shall establish the location,scope,and authority conveyed by such approval.
Page 4
DRAFT • 3/10/2025
The Director may decline to approve the application of any short-term concessionaire to
operate in a park where such short-term concessionaire seeks to provide or offer:
a. Services or programming otherwise available from the department;
b. Goods that a contract concessionaire sells at that park;
C. Goods,services,or programming that are incompatible with other lawful park uses
or administrative policy.
.4. Health Department approval may be required. No person shall operate as a short-term
concessionaire in a park without first obtaining any and all licenses,permits,
certifications,and/or inspections required by the Central District Health Department.
2�5. Amenity reservation maybe required.Any person operating as a sfaert short-term
concessionaire in or upon a reservable park amenity during a reservable time shall first
reserve such reservable park amenity with the department,unless"suGh shei##n•m
.atin.,u ndeF a City of Meridian ire„ peraFy Use o..Fmi#eF City of
nn.,Fiai-.n nn,.Mil„cal,..•I Ini#I ice,.r.�,.
• — Commented[EK70]:Language not necessary since
TUPs,MSUs,and STCs are three separate and distinct
46. Short-term concession permit required.No person shall operate as a short-term entities/purposes.
concessionaire in a park without first obtaining a rl�h short-term concession permit
from the department,unless Eh..I....#te-FMepeFatiRg , G'#•• f
n eFidian Temporary Use Pe Rni#or City of McFidian Mahiln Sales I Ini#I i.•
a. Application for a short-term concession permit shall be made to the department,
and shall include a completed application form provided by the department,which
form shall include,but not be limited to:
(1) The name,—and address,and tax id n#if:,...#i n n rnhpF of the applicant,
and/or,if the applicant is a partnership,company,or corporation,the
name,—and address,and GGFPBFate ortaxidentifiratioR Rumbe of such
entity.Addresses required by this subsection shall include both local and
corporate addresses,as well as both physical and mailing addresses.
(2) names Rd ad.d.resses..f all employees al9d/..r p ..l.e I..ill 6..,
esta Hli s hin.. a pe Fati ng 0 F a eting 5h e-Ft t-e r.. ess., n.d nr
4UA description of any and all motor vehicles to be used by or in the
course of the operation,including license plate state and number,make,
model,color,and other means of identification of such vehicle(s).
{-54j4ZA description and/or schedule(s)of the hours,locations,and means at
and by which activities,sales,trades,giveaways,offers,and/or displays
will occur under the short-term concession permit.
K4MProof of an insurance policy,issued by an insurance company licensed
to do business in Idaho,protecting the applicant from all claims for
damages to property and bodily injury,including death,which may arise
from operations under or in connection with the-;heFt short-term
concession permit.Such insurance shall name the city as additional
insured and shall provide that the policy shall not terminate or be
canceled prior to the expiration date without thirty(30)days'advance
written notice to the city.Such insurance shall afford minimum limits of
five hundred thousand dollars($500,000.00)per person bodily injury,
five hundred thousand dollars($500,000.00)per occurrence bodily
Page 5
DRAFT • 3/10/2025
injury,and one hundred thousand dollars($100,000.00)per occurrence
property damage.
P41OApplication fee as set forth in the department's fee schedule,except
that no application fee shall apply:
(A) Where applicant is or represents a nonprofit organization exempt
from federal income tax under 26 USC section 501(c);
(B) Where applicant is or represents a governmental entity;or
(C) Where applicant is seeking a short-term concession permit for the
purpose of conducting fundraising activities for a school or youth
organization.
b. A complete application for a short-term concession permit shall be submitted to
the Department at least fourteen(14)calendar days prior to operating as a
short-term concessionaire. Within fourteen(14)calendar days of Commented[EK11]:Shorter application processing
receipt of a complete application for a short-term concession permit,the period.
department shall either issue a short-term concession permit to the applicant or
deny the application.
C. The department shall 6nV an application for a short-term concession permit Commented[EK12]:Enumerating standardsfor
where: denial of STCP.
(1) The application is incomplete or required application materials or fees
have not been timely submitted:
(2) Investigation of such application or application materials reveals that
provided information is invalid,false,or incomplete:
(3) The product to be offered or sold is offered or sold by a contract
concessionaire at that park:
(4) The product to be sold is incompatible with other lawful park uses or City
policy;or
(5) Denial is necessary to protect the public health,safety,or welfare.
`"'"�vnere a.,^"nlf an application is denied,the department shall notify the applicant of
such denial in writing,which shall include notice of the right to appeal such
decision as set forth in this eha AffTitle 3,Chapter 1,Meridian City Code.
cd. The City of Meridian short-term concession permit shall include,on its face:.
(1) The name(s)of the permittee and any employees and/or persons
permitted to operate as a short-term concessionaire under such permit;
(2) The time(s),date(s),place(s),and manner at and by which the short-
term concession is permitted to occur;
(3) Any and all other conditions of operation that are necessary to protect
the public health,safety,and welfare or mitigate effects on park users.
D. Sponsors.A"spanseF"sponsor."as that term is defined in this chapter,shall be allowed to
operate in a park subject to compliance with each and all of the following regulations An the
+ime plaee and^,^^^^F efregarding the operation of such use.
1. Invitation required.It shall be unlawful to operate or act as a sponsor in a park without
first obtaining a written invitation to operate such concession from the Director or
designee.Such invitation must be expressly conveyed,and shall be nontransferable and
limited to the scope and authority conveyed by such invitation.The Director may decline
to extend an invitation to any sponsor which is providing or offering:
Page 6
DRAFT • 3/10/2025
a. _ervices or programming otherwise availablefrom the department;
b. Which h:s pFeviding eF^" ^^^Goods that a contract concessionaire sells at that
park;
C. ` hiGh*6 ^••°d"^^ ^FF^ '^^^Goods,services,or programming that are
incompatible with other lawful park uses or administrative policy.
2. Health department approval required.No person shall operate as a sponsor in a park
without first obtaining any and all licenses,permits,certifications,and/or inspections
required by the Central District Health Department.
E. Mobile soup kitchens.A"mobile soup'�"�^^^^",kitchen,"as that term is defined in this
chapter,shall be allowed in a park subject to compliance with each and all of the following
regulations en the time place and rnanne•^'regarding the operation of such use:
1. Short-term concession permit required.No person shall operate a mobile soup kitchen in
a park without first obtaining a short-term concession permit from the department.The
short-term concession permit fee shall be waived.
2. Amenity reservation may be required.Any person operating a mobile soup kitchen in or
upon a reservable park amenity during a reservable time shall first reserve such
reservable park amenity with the department.The reservation fee shall not be waived.
3. Health department approval required.No person shall operate a mobile soup kitchen in
a park without first obtaining any and all licenses,permits,certifications,and/or
inspections required by the Central District Health Department.
33-2 65-1-4.General park regulations.
Except as expressly authorized by written order of the Director or designee,the following prohibitions
shall apply in all City parks.lExcept as otherwise set forth in this section,violation of any of the following
provisions shall be an infraction,the penalty for which shall be one hundred dollars($100.00). (These Commented[EK13]:Recommending general penalty
prohibitions shall not apply to police officers or MPR personnel acting in the course and scope of their for all violations to simplify enforcement.
duties:
A. Incompatible uses.Uses incompatible with those enumerated 4er£if31n this chapter,as
determined by the Director,shall be prohibited.^ elation of thk pFevision shall be an
• -- Commented[EK141:Moved the default penalty to
above for clarity.
B. A"ernets.
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
Page 7
DRAFT • 3/10/2025
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.
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.. elat:..,.of this provision shall be a infraction,the penalty F..r which shall
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.�ny person consuming alcohol pursuant to this provision shall
remain within twenty feet(201 of the reserved shelter.It shall be unlawful for any Commented[EK16]:Added to codify practice of tying
person to consume or possess an alcoholic beverage in violation of this provision.A alcohol use to shelter reservation.
violation Of this PFOY4540AShall be a RfFa.tia.. the penalty F..r..,l.iEh Shall hp ARe
D. Amplified sound.No person in any park shall operate or aid in the operation of a private
radio,stereophonic or sound amplification device at a greater volume than sixty-two(62)
decibels measured from such devices to a distance of twenty(20)feet therefrom,except as
,,,h dpv*re°;otherwise allowed under a valid City of Meridian amplified sound permit,
temporary use permit,or as otherwise allowed by applicable provisions of law or Lolicy—Iff
V.0hich rasp ri wh device may be operated at a valurne nO gFeateF than sixty twe(62)decibels
Fnear6 iFed-Fr..m sue..devices to the perimeter of the Gity pa Fk
• Commented[EK77]:Recommending that sound
1. Application for an amplified sound permit shall be made to the department,and shall levels be established by policy since each park is
include a completed application form provided by the department,which form shall different based on location and proximity to residential
include applicant's name,physical address,phone number,date of birth,and driver's areas. MPR has prepared written policy.
license number;description of the location at which amplified sound will be used;and
the time of day,length of time,and date the amplified sound will be used.
2. Within iwenty one("'"a!eA4 rseyen 7 Nays of receipt of a complete application for Commented[EK18]:shorter application processing
an amplified sound permit,the department shall either issue an amplified sound permit time.
to the applicant or deny the application. Formatted:Font:(Default)+Body(Calibri),11 pt,
3. The department shalll deny an application for an amplified sound permit where: Not Highlight
a. The application is incomplete or required application materials or fees have not
been timely submitted; Commented[EK79]:Enumerating standards for
denial of ASP.
b. Investigation of such application or application materials reveals that provided
information is invalid,false,or incomplete;
C. The proposed activity to be permitted will not be conducted in accordance with
all applicable provisions of law or policy,including,but not limited to,this chapter;
department policy;and/or Director's order;or
d. Denial is necessary to protect the public health,safety,or welfare.
Page 8
DRAFT • 3/10/2025
If Where an application is denied,the department shall notify the applicant of such denial in
writing,which shall include notice of the right to appeal such decision assetforth in*""Title
3,Chapter 1,Meridian City Code.
34. The amplified sound permit shall include,on its face:
a. The name(s)of the permittee and any employees and/or persons permitted to use
amplified sound under such permit;
b. The time(s),date(s),place(s),and manner at and by which the amplified sound
permit is effective;
C. Any and all other conditions of operation that are necessary to protect the public
health,safety,and welfare or mitigate effects on park users.
4 A. .patron Pf the,; ; ;Call he a infraetien,the penalty fee y0hirh shall he ene
IIUREIFed dGl'aFS($100 00)PIUS
E. Boating,swimming or wading. No person shall boat,windsurf,swim,bathe or wade in any
water or waterways,^•peel in any paFk except in such water and at such places as are
provided therefor and in compliance with all applicable and/or posted rules and regulations.
d e liars 100 nm PLUS G Ft GGStS.
F. Camping. No person shall set up a tent,shack,or any other temporary shelter for the purpose
of camping,except by order of the Director,nor shall any person leave in a city park after
closing hours any tent,shack,movable structure or vehicle that is or could be used for such
purpose.A violation of this provision shall be an infraction,the penalty for which shall be one
hundred dollars($100.00)plus court costs.
G. Commercial use of City parks. INo person shall use a City park,park amenity,or any portion - Commented[EK20]:Recommended to regulate
thereof,to sell,trade,give away,or offer or display for sale,trade,or giveaway to the public, commercial use of parks. Helps MPR provide better
any good or service without a temporary use permit,short-term concession permit,or other resources to users,avoid reservation/user conflicts,
written approval from the Director or designee for such use.A violation of this provision shall assess and mitigate risks and liability.
be a misdemeanor.
GH. Defacement and damage prohibited.No person in any City park shall:
1.wif4Ru11y-Willfully mark,deface,disfigure,injure,tamper with,or displace or remove,any
building,bridges,tables,benches,fireplaces,railings,paving or paving material,water lines or
other public+#4Wws- parts or appurtenances whatseeyeF either real or personal,or
have in his possession any of the foregoing things or objects,or any part thereof.
2.Damage,cut,carve,transplant or remove any tree or plant or injure the bark,or pick the
flowers or seeds,of any tree or plant;attach any rope,wire or other contrivance to any tree
or plant;dig in or otherwise disturb grass areas;climb trees;or in any other way injure or
impair the natural beauty or usefulness of any area.
A violation of this provision shall be a misdemeanor.
#I. Dogs.
1. Control of dogs.No person owning or having the care,custody,possession,or control of
a dog shall permit or allow such dog to enter or remain except:
a. Where such dog is controlled by a leash.
b. Where such dog is confined in a motor vehicle.
C. Where such dog is carried by such person owning or having the care,custody,
possession,or control of such dog.
Page 9
DRAFT • 3/10/2025
d. At the bad(PaFkand/-ef At dog parks o such areas designated bythe departmentor Directoras dog
training and exercise grounds,subject to the rules and regulations*"^r�rpi and a^"I^d as may be
prescribed.
2. Removal of fecal matter. No person owning or having the care,custody,possession,or
control of a dog shall:
a. Fail to have in his/her possession the equipment necessary to remove his/her dog's
fecal matter when accompanied by said dog in any park.
b. Fail to remove the fecal matter deposited by his/her dog in any park before the
owner leaves the immediate area where the fecal matter was deposited.
vialatman of this PFeViSien shall bp an infractien,the penalty for which shall hp b
five dollars($25^n`plus,.,,,,A 606 This provision shall not apply to-police officers and
their service animals during the official performance of their duties;handlers of search
and rescue animals during the official performance of their duties;or persons with
disabilities utilizing assistance animals.
11. Fences and restricted areas.No person in any park shall climb upon or go inside security
fences,maintenance service areas,or other permanently or temporarily restricted or closed
areas.A violation of this provision shall be a misdemeanor.
dK. Fires.No person in any park shall light,build,or maintain a fire,except for culinary purposes
in grills or fireplaces designated for such purpose,and no person shall leave the immediate
area without first extinguishing such fire. ^ elatien Af this pFevisien shall be a
4(L. Fireworks. No person in any park shall discharge,or have in his possession,any fireworks,
except as specifically authorized by Director's order.A violation of this provision shall
constitute a misdemeanor.
Commented[EK21]:Moved to Hunting and Fishing,
below.
an infraction,the penalty for whieh shall he enehi-Indreel dollars($100.00)plus eourt costs.
M. Glass. No person shall use,GaFFY,OF be in the pessessign 9f any container made of glass when
such person is on asphalt,concrete,or other hard surface.A vielatie.n of this provision shall
N. Golf.Golfing or driving golf balls is prohibited except bt Lakeview Golf Course,in specifically — Commented[EK22]:Added because City now runs
designated facilities. A I.^ tien c this shall be infF Gtie. the penalty c,....hi61, LGC.
SI...n I.,. Au dAlI..,,lC�n n m hl US .r F
, Commented[EK23]:Recommend deletion of
prohibitions that are not a typical issue in City parks.
,
penalty i....,,1 iEh II...n he RRe I.1H..Flice...IAllaFS($100 nn)rl„S 6BUIFt....Sty
Page 10
DRAFT • 3/10/2025
gO. Hunting and fishin .Nopersonshallhunt,harm,kill,trap,or throw projectiles at any animal
or bird;nor shall any person collect,remove,or possess the eggs,nest,or young of any
Commented[EK24]:Fishing is allowed in some park
and regulations.Fishing licenses shall be required pursuant to Idaho department of fish and facilities.
game regulations.
Q. Motor vehicles.
1. Enforcement of traffic regulations. No person shall fail to obey the direction of any
police officer,park employee,or other person authorized by the Director to direct traffic
in,into,or out of the-a city park.
2. Obey traffic signs.No person shall fail to observe any traffic sign indicating speed,
direction,caution,stopping,parking restrictions or regulations,or other sign posted for
proper control of vehicular or pedestrian traffic.
3. Speed of vehicles.No person shall ride or drive any vehicle,whether motorized or
unmotorized,at a rate of speed exceeding fifteen(15)miles per hour,except as
otherwise designated by posted signs.
4. Vehicles confined to roads.No person shall drive any vehicle,whether motorized or
unmotorized,on any area except the paved park road or parking areas,or such other
area as is specifically designated by the Director as a parking or driving area.
6. (Reckless operation. INo person shall operate a motor vehicle in a park in a reckless or Commented[EK25]:Recommended to address
dangerous manner,including,without limitation: racing; performing doughnuts, vehicular issues in parks. Borrowed from Ohio
burnouts,drifting,rapid acceleration,squealing tires,or engine revving;or allowing "hooning"bill:
passengers to ride partially or fully outside of the motor vehicle. https:Hsearch-
prod.l is.state.oh.us/sola ra pi/vl/ge neral_asse mbly_134/
5. PenW4,.A vielation of this PFO-ViSiGn shall he an infrartion,the penalty for which shall be- bi I Is/h b740/I N/00/h b740_00_I N?format=pdf
..h--..rlrPd.dellaFs($1nn 00)..ILIS IFt,-..Sty
Riok c-!e6u.^ Ole peFsen shall be i^the pa F!(d wing heu Fs^ef elelesuF ...,Gept fee p .ae&
R���=TEA r�^�^ ^��**�eT��^**s� � ���* Commented[EK26]:Moved to Trespass in Parks,
tFaRsit th Fo„h the pa F'. „theFized by p ...it Ar nireeter's erele- A. elatien of tL.i' below.
PFE)Visien shall be an
Plus Ft sts ,
SR. Parking in parks.The provisions of Title' hapteF 2,Meridian City Code section 7-2-
6 B Fegaf'i^^pafk^^ shall apply in city parks and pathway facilities.
Pathways. I I Commented[EK27]:Recommended to address use of
1.No person shall operate on a pathway:a motor vehicle,as such term is defined in Idaho vehicles on pathways,and speed of pathway users.
Code section 49-114(17),an off-highway vehicle,as such term is defined in Idaho Code
section 67-7101(17),or neighborhood electric vehicles(also known as golf carts),as such
term is defined by Idaho Code section 49-123(1)(0)•
2.No person shall travel upon a pathway at a speed greater than is,or in a manner that is not,
reasonable and prudent under the conditions and having regard to the actual and potential
hazards then existing.
,OF ethe Commented[EK28]:Recommend deletion of
prohibitions that are not a typical issue in City parks.
..malty f..F whieh shall be twenty five dallaFS($25 09)..IU S 69U t 69st-
13T. Rules and regulations.No person shall violate any rules and regulations for the use of a park,
or any of its facilities or programs as such are or may be posted or promulgated by the
Page 11
DRAFT • 3/10/2025
NFU. Signs.Except as otherwise specifically allowed by written authorization of the Director and/or
by permit or reservation approved by the Director,no person in any park shall paste,glue,
tack or otherwise post or affix any sign,plaque,advertisement,or inscription,whether
temporary or permanent,to or upon any park real or personal property,facility,or surface.,4
vielation of this provision shall be an infFaction,the penalty feF which shall be twenty five
dellaFs($25 00)plus,ewFt east. This subsection shall not apply to plaques,tablets or signs
posted or affixed by the city.
WV. Smoking.No person shall light,use,or consume any tobacco product or electronic eigarette
smoking device in any city park,provided that this prohibition shall not apply to parking lots
in City parks^•'^Ha•ela Com^4en-i ent.The definition of the terms"tobacco product"and
"electronic cigarettesmoking device"shall be as set forth in Idaho Code§39-5702.A••IA ^.r.WatiAl,tl^*'A^
of this prevision Shall he Wn infFaG#09R,the penalty fer v0hich j;hall hp fm#y dellaFs($99.99)plus
ems-
X. 'Tennis courts.INe peF5en in any paFk shall fail to elaspF�'�e RRd/GF vielate the FUles and pE)IiFie5 _ Commented[EK29]:Covered by Rules and
regulations,above.
,;hall hpan ffinfra(Affien,the penalty for%m-ghirl;shall be twenty five dellars($29.09)plus e
Y. AFGAW G19jeCt-S.1pje PeFsen in any paFl(shall thFOW,PFOpel,9F take paFt 1R OF abet the playing - Commented[EK30]:Moved to Toys and Recreational
of aRY games iRVelYiAg thFa.,..OF etL.eFWise PF,yelled ebje.ts s eh as st,.ReS ..,-,-,.wS,.. Equipment,below.
javelins except in areas specifically designated fee s rh f.rms of. patia.. A. alation of this
PFE)Visien shall be an 'the penalty fer which shall he ane hundred dE)I!aFs($100.00)
Ply .t sts
carve,Z. ITFees;shrubbery Gnd vegetGtien. Ne person an any paF'(shall damage,cut, Commented[EK31]:Moved to Defacement and
Femeve .,t..,.,.. plant.. ..the 1.•,.L 'GL the fl....,.rr o e d.• of any t....... ..I•...t Damage,above.
rnpair the natural beauty or usefulness of any aFea..4.vin-lation of this prEMsien shall ben an
W. ITovs and recreational equipment.I Commented[EK32]:Consolidated these provisions
1.Model rockets.When other persons are present,no person shall launch a model into one section.
rocket which is propelled by or includes a motor,black powder,composite propellant,
or electric or explosive igniter.
2.Remote-controlled devices.When other persons are present,no person shall operate
a remote-controlled toy,vehicle,unmanned aerial vehicle(drone),or other object.
3.Thrown objects. No person in any park shall throw,propel,or take part in e4�the
playing of any games involving thrown or otherwise propelled objects
aFFOWS OF vel4n except in areas specifically designated for such forms of recreation.
4. Wheeled devices.No person in any park shall ride or operate a skateboard.roller
skates,scooter,in-line skates,bicycle or other wheeled recreation equipment on any
Page 12
DRAFT • 3/10/2025
ornamental surface,picnic table,bench,tennis court,fountain area.splash pad.
playground equipment,planter,sculpture or other structure nipsr mthprwisp not
specifically designated for such activity.
X.Q�Trespass in parks.I It shall be unlawful for any person to: Commented[EK33]:Moved from sections 13-2-e/s-
1.Enter,remain in,or be present within or upon the premises of a park or park facility or any 1-6(B)and(C),below.
portion thereof during the hours when the park is closed to the public,except for purposes of
transit through the park,or as authorized by permit or Director's order.
2.Enter,remain in,or otherwise be present within an area of the park clearly delineated by signs
or barriers as temporarily or permanently closed to the public.
3.If elected from a park by authorized personnel enumerated in section 5-1-6(A),fail to leave
Promptly and peaceably,or to return to the city park on the same calendar day of the ejectment.
4.If issued a park exclusion notice by authorized personnel enumerated in section 5-1-6(A),fail to
leave promptly and peaceably,or to return to any city park during the exclusion period.
33 2-7.5-1-5.Park eperating peliryoperations.
A. Hours of operation. Parks shall be open to the public every day of the year from dawn to dusk,
which shall be defined as thirty(30)minutes before sunrise to thirty(30)minutes after sunset.
Visitors and vehicles shall be excluded during the hours of closure except when authorized by
permit,where hours are otherwise posted,or for transit through a park.The Director shall have
the authority to change the hours of any park by Director's order.
B. Closed areas.Any section or part of any park may be declared closed to the public by the Director
at any time and for any interval of time,either temporarily or at regularly and/or stated intervals
and either entirely or merely to certain uses,as the Director shall find reasonably necessary.
3 2-8 n�..l�^.,�yerrage;of..,.rmit^.a....,...I h � ���.*+m���+• Commented[EK35]:Covered by(and references
13 2-9.5-1-6.Enforcement. above changed to reference)Title 3,Chapter 1,
Meridian City Code.
A. ^F�f eiG Personnel authorized to enforced Except where otherwise provided herein peace officers ,- Commented[EK36]:Updated to reflect current MPD
code enforcement officers,community service officers,the Director,and any other duly authorized staffing.
City of Meridian representative^t the Pireeterireet^^'er shall enforce the provisions of this chapter.
B. Ejectment. Personnel enumerated in section 5-1-6(A)shall be authorized A police cc;^,.. tive
Direrter era duly autherized City of Meridian representative,shall have the ai-Itherity to eject from
a city park,as define'On this^haptelF,any person acting in violation of this chapter by verbally
ordering such person to leave the park.Any person ejected from a city park shall leave promptly
and peaceably and shall not return to the city park for any reason on the same calendar day of his
ejectment.lit shall be binlawful�9F any peF69n ejeeted fFem the paF'(te fail to leaVe pFGFnptly WWI Commented[EK37]:Moved to enumerated
peaceably,OF to Feturn to the city paFk on the same calendalF day of his ejectment. A vielatien e prohibitions,above.
this r ;hall Imo.,P ORUPGtieR,punishable by a penalty of fm#„ell„-s(tcn nn)
,OF be piresent within or upen [phib
mmented[EK38]:Moved to enumerated
itions,above.
closed te the PUbliC OF enters,remains on,or is otherwise present i.y4hin an arpa of the park elead
Page 13
DRAFT • 3/10/2025
8C. Seizure of property.A police officer shall have the authority to seize and confiscate any property,
thing or device used in violation of this chapter.
€D. Removal of vehicles.Any vehicle parked in violation of this chapter or administrative policy is
subject to removal.
1. The Director or his designee may exclude the offender from fiche eity paFk;n which the r."rF^^t
.,:..'..t". " �a all City2arks or a period not exceeding even(-73fourteen Ll days from Commented[EK39]:Changed per MPD request.
the date of the exclusion notice. Commented[EK40]:Extended exclusion period in
2. The exclusion notice shall be in writing and shall contain the date of issuance.The exclusion order to include weekends.
notice shall specify the length and places of exclusion.It shall be signed by the issuing
individual.Warning of the consequences for failure to comply shall be prominently displayed
on the notice.
3. An offender receiving an exclusion notice may,within two(2)days excluding weekends and
holidays from service or receipt of the exclusion notice,appeal to the Police Chief
or designee for the purpose of having the city^^"nil reviewing the exclusion.The notice of Commented[EK41]:Recommending change to allow
appeal shall be filed with the City Clerk.The appeal must be in writing and must set forth the appeal of exclusion notice to Chief of Police,instead of
reason why such exclusion should not be enforced.The exclusion shall be stayed upon filing City council.
of a notice of appeal.The Git TPolice Chief or designee shall hear the appeal at the
second Fegul r council eet;....within thirty(30)days following the date the appeal is filed
with the City Clerk.The City Caw Police Chief or designee may uphold the exclusion,
overturn the exclusion,or shorten the length of the exclusion.Gity GGHRG TThe Police Chief's
or designee's decision shall be a final decision.No determination of facts made by the City
6eaaeil Police Chief or designee shall have any collateral estoppel effect on a subsequent
criminal prosecution or civil proceeding and shall not preclude litigation of the same facts in a
subsequent criminal prosecution.
4. This section shall be enforced so as to emphasize voluntary compliance with laws and park
rules and in such a way that inadvertent minor violations can be corrected without resort to
an exclusion notice.
5. Issuance of an exclusion notice pursuant to this section does not preclude the issuance of a
citation or other criminal charge for the same behavior.
2:a-2-1^' 5-1-6.Penalties.
Except where otherwise provided herein,the violation of any provision of this chapter,any duly
effectuated administrative policy of the department,or Director's order,shall be a misdemeanor.
Nothing in this chapter shall be construed as to limit city-City employees or other authorized persons
from performing their official or eity-City_authorized duties.
Aies of the Gity-AFbe4st,
Commented[EK42]:Recommend moving regulations
(Chapter .PUBLIC TREES AND MERIDIAN FORESTRY PROGRAM regarding Public Trees out of the Parks Code and into its
own chapter,since public trees are all trees on City
5-2-1.—Definitions. property.
Commented[EK43]:These provisions are required by
A. Public tree. Any tree,including roots within the critical root zone,whose trunk is located,partly or the National Arbor Day Foundation regarding the City s
In whole,on City property. designation as Tree City USA.
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DRAFT • 3/10/2025
B. Right-of-way tree. Any tree,including roots within the critical root zone,whose trunk is located,
partly or in whole,in the public right-of-way,as such term is defined in Title 40,Idaho Code.
5-2-3.Establishment and duties of the City Arborist.
A. Designation.The Parks&Recreation Department Director shall designate a staff member as the City
Arborist,which person shall perform the duties imposed by and authorized to exercise the powers
granted by this chapter.
B. Duties.The City Arborist,subject to available resources,is hereby authorized to carry out the
following duties.
1. Develop,administer and maintain a community forestry management plan and budget.
2. Establish policies to carry out the provisions of this chapter.
3. Provide information and advice to citizens and City employees,including Code Enforcement
Officers,regarding the health and condition of trees and maintenance necessary to protect the
public health,safety and welfare.
4. Manage and regulate the planting,maintenance,protection,removal,and replacement of all
public trees,as such term is defined in this chapter.
5. Coordinate and promote Arbor Day activities.
6. Support public awareness and education programs relating to trees.
7. As needed,consult with City departments regarding tree care.
8. Communicate forestry program accomplishments to City Council.
9. Submit the annual application to renew the City's Tree City USA designation.
10. Recommend a list of public tree species appropriate for planting,a list of prohibited public tree
species,and an official set of spacing requirements.
5-2-4.—Tree planting and care standards.
A.Public tree standards.All planting and maintenance of public trees shall conform to the American
National Standards Institute(ANSI)A-300"Standards for Tree Care Operations"and shall follow all tree
care best management practices published by the International Society of Arboriculture.
B.Privately-owned tree standards. All planting and maintenance of privately-owned trees shall comply
with Meridian City Code section 11-3B-5.
C.Nuisance trees. Pursuant to Title 4,Chapter 2,Meridian City Code,the Code Enforcement Division of
the Meridian Police Department shall manage abatement of nuisance trees,with the assistance of the
City Arborist.
5-2-5.—Prohibition against harming public trees.
A. Public tree pruning unlawful. It shall be unlawful for any person to prune or remove,or cause the
Pruning or removal of a public tree or right-of-way tree or any portion thereof,without first
obtaining written permission from the City Arborist.
B. Public tree damage unlawful. Pursuant to Meridian City Code section 4-2-2(C),it shall be unlawful
for any person to damage,mutilate or destroy any public tree:attach any device or structure to a
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public tree;or store,spill or dump substances,whether liquid or solid,in a manner which may be
harmful to any part of a public tree.
C. Park tree damage unlawful. Pursuant to Meridian City Code section 5-1-4(H),no person in any City
park shall damage,cut,carve,transplant or remove any tree or plant or injure the bark,or pick the
flowers or seeds,of any tree or plant;attach anv rope,wire or other contrivance to anv tree or
plant;dig in or otherwise disturb grass areas;or climb trees.
D. Construction near public tree. Any person or City department performing construction which may
affect any public tree or part thereof shall first consult with the City Arborist and shall employ
appropriate measures to protect the tree,according to procedures contained in the latest edition of
"Best Management Practices—Managing Trees During Construction,"published by the International
Society of Arboriculture.
5-2-6.—Penalties.
The violation of any provision of this chapter shall be a misdemeanor.Each violation of this chapter shall
constitute a separate violation.
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