Loading...
2019-04-02 C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, Apr il 2, 2019 at 6:00 P M 1. Roll-C all Attendance __X__A nne L ittle R oberts __X__J oe B orton __X_Ty P almer __X__Treg B ernt __X_ Genesis Milam (left at 8:02pm) __X__ L uke Cavener __X_ Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by Ru ssell M c C r ea of L iving G race C ommunity F ellowship 4. Adoption of Agenda – Adopted as Amended 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assi st you i n resolving the matter following the meeting. 6. Consent Agenda [Action Item] Approved as Noted A. Approve M inutes of M arch 19, 2019 City C ouncil Regular M eeting B. Approve M inutes of M arch 26, 2019 City C ouncil Regular M eeting C. F inal P lat for Westbridge Subdivision H-2019-0022) by Trilogy Idaho, L ocated at 5865 N. Black C at Rd. D. F inal Order for F airbour ne S ubdivision No. 1 (H-2019-0017) by F airbourne D evelopment, L ocated at 6745 N. B lack C at Rd. E. F inal Order for F airbour ne S ubdivision No. 2 (H-2019-0015) by F airbourne D evelopment, L ocated at the NW C orner of N. B lack C at Rd. and W. C hinden B lvd. F. F inal Order for O aks Nor th No. 1 (H-2019-0014) by Toll S outhwest, LLC , L ocated on the North side of W. M c M illan Rd., M idway between N. M c D ermott Rd. and N. B lack C at Rd. G. F indings of F act, C onclusions of L aw for Razzberry Villas (H-2018- 0130) by E d B owman, L ocated at 1434 and 1492 S tar D r. H. F indings of F act, C onclusions of L aw for S ummer wood (H-2019- 0001) by M att M unger, L ocated at the Nor th side of W. M cM illan Rd. between N. B lack C at Rd. and N. Ten M ile Rd. And the S W C or ner of W. M cM illan Rd. and N. Ten M ile Rd. I. Resolution No. 19-2136: A Resolution O f T he M ayor And C ouncil O f T he C ity O f M eridian, Idaho Adopting Amendments To T he City O f M eridian S tr ategic P lan J. Resolution No. 19-2138: A Resolution O f T he M ayor And T he C ity Council O f T he C ity O f M eridian, E stablishing T he Appointment Of Charlie Rountr ee To S eat 3 Of T he M er idian B oar d O f Adjustment. K. Agr eement to Allow L andscaping in the Roundabout at the Inter section of P ine S tr eet and N. Webb Way in C onnection with the D evelopment of P ine 43 L. 2019 C oncert S eries Agr eement with P lum Unique E vents M . In Accor dance with the P reviously Appr oved Interagency Agreement, Appr ove the Not-To-E xceed Amount of $296,748.51 to pay Ada C ounty Highway D istrict (AC HD ) for C ity Water and S ewer I mprovements C onstr ucted on the L inder Road Widening P roject between Ustick Ro ad and C hinden Boulevard. AC HD Projects 517024/517032 and City of M eridian P roject 10763/10764. N. F Y 2019 F und B alance T r ansfer s Moved from Consent O. AP I nvoices for P ayment 03/22/19 - $36,333.87 P. AP I nvoices for P ayment 03/25/19 - $3,192.29 Q. AP I nvoices for P ayment 04/03/19 - $281,714.71 7. Items M oved F rom T he C onsent Agenda [Action Item] A : F Y 2019 F und B alance T ransfers - Approved 8. Action I tems Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City Counci l may move to continue the item for additional information or vote to approve or deny the i tem with or without changes as presented. The Mayor is not a member of the Ci ty Council and pursuant to Idaho Code does not vote on public hearing i tems, unless to break a tie vote. A. M ayor's Youth Advisory C ouncil Update and P ar ticipator y Budgeting Proposal and Request - Approved B. P ublic Hearing for Proposed P arks F ees - Approved 1. R esolution 19-2134: A Resolution A dopting New Fees Of T he Meridian Parks And Recreation Department; Authorizing T he Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date. C. P ublic Hearing for S tapleton S ubdivision (H-2018-0129) by S tapleton, LLC , L ocated at the S W cor ner of S. M er idian Rd./S H 69 and W. Harris S t. - Continued to May 7, 2019 1. R equest: A nnexation and Z oning of 38.15 acres of land with an R - 15 zoning district; and 2. R equest: P reliminary P lat consisting of 223 building lots and 27 common lots on 35.67 acres of land in the R -15 zoning district D. P ublic Hearing C ontinued fr om F ebruary 19, 2019 for Villasport (H- 2019-0011) by S adie C reek C ommons, LLC, L ocated the S W Corner of E. Ustick Rd. and N. E agle Rd. - Approved 1. R equest: Council Review of application H-2018-0121 and the P lanning and Z oning Commission's requirements related to conditions of approval: UD C 11-4-3-2A .1, which requires all outdoor recreation areas and structures that are not f ully enclosed to maintain a minimum setback of 100 feet f rom any abutting residential district; UD C 11-3A -13, which requires outdoor speaker systems associated with the use to be located a minimum of 100 feet f rom all residential districts; UD C 11-4-3-2A .2, which prohibits outdoor event or activity centers f rom being located within 50 f eet of any property line and limits the hours of operation to those between 6:00 am and 11:00 pm; C ondition #2.2, which limits the hours of operation of the athletic club and spa to the hours between 4:00 am and midnight (12:00 am) f or indoor activities and 6:00 am to 11:00 pm f or outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm; C ondition #2.10, which requires the Applicant to work with P lanning S taff and A C HD to create a crosswalk for pedestrian access to the facility f rom the west parking lot. E. P ublic Hearing C ontinued fr om F ebruary 19, 2019 for Villasport (H- 2018-0121) by S adie C r eek C ommons, LLC , L ocated on the S W corner of E . Ustick Rd. and N. E agle Rd. - Approved 1. R equest: Modification to an Existing D evelopment Agreement for the purpose of removing the property f rom D A I nstrument #108008770 and enter into a new development agreement F. P ublic Hearing for Villasport (H-2019-0032) by S adie C r eek Commons, LLC, L ocated 3055 N. E agle Rd. - Approved 1. R equest: Variance to the minimum setback standard listed in UD C 11-4-3-2A .1 for outdoor recreation areas and structures that are not fully enclosed to maintain a minimum setback of 100 feet f rom any abutting residential district; and the minimum setback standard listed in11-4-3-2A .2 that restricts an outdoor event or activity center f rom being located within 50 f eet of any property line G. P ublic Works: B udget Amendment Not to E xceed $86,027 for S treetlight M aintenance and L ocating for S tr eetlight Under ground P ower - Approved 9. D epar tment Reports A. Council: C ity C ouncil M eetings F ormat 10. O rdinances [Action I tems] A. Amended onto Agenda: O rdinance #19-1820: An O rdinance Amending M eridian C ity C ode S ection 3-1-2(A), Regar ding Authorization O f F B I National C riminal Histor y Records Checks F or Vehicle I mmobilization L icense Applicants; Adopting A S avings C lause; And P roviding An E ffective D ate. - Approved 11. F uture M eeting Topics Meeting Adjourned at 9:21 PM All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian. Any one desir ing accommodation for disabilities related to doc uments and/or hearing, please c ontac t the C ity Clerk's Offic e at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council April 2, 2019. A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, April 2, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Also present: C.Jay Coles, Chris Johnson, Bill Nary, Caleb Hood, Sonya Allen, Warren Stewart, Brian Caldwell, Joe Bongiorno, Todd Lavoie and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: I would like to welcome everyone to our City Council meeting. It is a minute after 6:00, so we will get started, if I could get everyone's attention. Okay. For the record it is Tuesday, April 2nd. It's one minute after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Russell McCrea of Living Grace Community Fellowship De Weerd: Item 3 is our community invocation. Tonight we will be led by Russell McCrea with Living Grace Community Fellowship. Thank you for joining us. I would ask all those in attendance to join us in the community invocation or take this as an opportunity for a moment of reflection. McCrea: As I looked at the meeting agenda this evening I saw that as usual you're caring for the land, so I have a couple of scriptures to offer tonight. John 15:13 tells us that greater love has no man than this than to lay down his life for his friends. Then in Genesis 2:15. The Lord God took the man and put him in the Garden of Eden to tend or serve the land and also to keep it and that word in Hebrew means to guard or protect. With that may I offer this prayer. Heavenly Father and creator of this lovely world, we come humbly to you asking for wisdom and strength for these servants of our city to follow your Meridian City Council Meeting Agenda April 16, 2019 – Page 6 of 472 Meridian City Council April 2, 2019 Page 2 of 66 guidance to be the best stewards of the land and the people you have placed them in charge of. Grant them insight and vision for our city, our residents and the land which they consider in this meeting tonight. Keep our hearts humbled and mindful that any good we can accomplish is bound in the care we have for those around us. Grant each councilman and our mayor with your favor as they follow your precepts and strive to serve this community and it's children, seniors and citizens. We thank you for your listening ear, in the name of Christ, amen. Item 4: Adoption of Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm going to make a few changes. Item 6-N, as in Nancy, is going to get pulled off of the consent and moved to a 7-A. Item 8-C, that's going to be continued when we get to it, or at least has a request to continue when we get to it, but we are going to add onto the agenda Item 10-A and that's an Ordinance 19-1820. This was an ordinance -- an amendment to the agenda somewhat late in the game due to circumstances we just discovered earlier today. Legal will probably give a better description of it, but it wasn't known to us that there was need for action when the agenda was set. It was made known to us today. So, it was added today. And, Mr. Nary, if there is more context to that that's needed -- Nary: Madam Mayor, Members of the Council, very briefly. This is part of our background checks that we do for various licensing. Because we are adding a new background check for the booting, the FBI, then, suspends all of our background checks until we get this amended and so we don't want to slow down the process of all the other types of the licensing that are coming in at this particular time, so we want to get this moving quickly, so we wanted to not delayed it a week, so -- De Weerd: Thank you. Borton: Madam Mayor, with those amendments I would move that we adopt the agenda. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Meridian City Council Meeting Agenda April 16, 2019 – Page 7 of 472 Meridian City Council April 2, 2019 Page 3 of 66 De Weerd: Mr. Clerk, any sign-ups under Item No. 5? Coles: No sign-ups, Madam Mayor. Item 6: Consent Agenda [Action Item] A. Approve Minutes of March 19, 2019 City Council Regular Meeting B. Approve Minutes of March 26, 2019 City Council Regular Meeting C. Final Plat for Westbridge Subdivision (H-2019-0022) by Trilogy Idaho, Located at 5865 N. Black Cat Rd. D. Final Order for Fairbourne Subdivision No. 1 (H-2019-0017) by Fairbourne Development, Located at 6745 N. Black Cat Rd. E. Final Order for Fairbourne Subdivision No. 2 (H-2019-0015) by Fairbourne Development, Located at the NW Corner of N. Black Cat Rd. and W. Chinden Blvd. F. Final Order for Oaks North No. 1 (H-2019-0014) by Toll Southwest, LLC, Located on the North side of W. McMillan Rd., Midway between N. McDermott Rd. and N. Black Cat Rd. G. Findings of Fact, Conclusions of Law for Razzberry Villas (H- 2018-0130) by Ed Bowman, Located at 1434 and 1492 Star Dr. H. Findings of Fact, Conclusions of Law for Summerwood (H- 2019-0001) by Matt Munger, Located at the North side of W. McMillan Rd. between N. Black Cat Rd. and N. Ten Mile Rd. And the SW Corner of W. McMillan Rd. and N. Ten Mile Rd. I. Resolution No. 19-2136: A Resolution Of The Mayor And Council Of The City Of Meridian, Idaho Adopting Amendments To The City Of Meridian Strategic Plan J. Resolution No. 19-2138: A Resolution Of The Mayor And The City Council Of The City Of Meridian, Establishing The Appointment Of Charlie Rountree To Seat 3 Of The Meridian Board Of Adjustment. K. Agreement to Allow Landscaping in the Roundabout at the Intersection of Pine Street and N. Webb Way in Connection with the Development of Pine 43 Meridian City Council Meeting Agenda April 16, 2019 – Page 8 of 472 Meridian City Council April 2, 2019 Page 4 of 66 L. 2019 Concert Series Agreement with Plum Unique Events M. In Accordance with the Previously Approved Interagency Agreement, Approve the Not-To -Exceed Amount of $296,748.51 to pay Ada County Highway District (ACHD) for City Water and Sewer Improvements Constructed on the Linder Road Widening Project between Ustick Road and Chinden Boulevard. ACHD Projects 5170241517032 and City of Meridian Project 10763110764. O. AP Invoices for Payment 03/22/ 19 - $36,333.87 P. AP Invoices for Payment 03/25/19 - $3,192. 29 Q. AP Invoices for Payment 04/ 03/ 19 - $281,714.71 De Weerd: Thank you, Mr. Clerk. Item 6 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: With Item 6-N having been removed, I move that we approve the Consent Agenda as amended. For the Mayor to sign and Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Mr. Clerk, will you, please, call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: One item was moved from the Consent Agenda. Item 7-N is now 7 -- or 6-N is now 7-A. Mr. Palmer. Item 7: Items Moved From The Consent Agenda [Action Item] A. FY2019 Fund Balance Transfers Palmer: Madam Chair, the reason I asked for this one to be taken off before we make the annual transfer that we do I wanted to -- we didn't know it was going to be on the Meridian City Council Meeting Agenda April 16, 2019 – Page 9 of 472 Meridian City Council April 2, 2019 Page 5 of 66 agenda until we get the agendas on Friday, so I wanted some time to maybe have a discussion as Council on a future council meeting as to ensuring that that's what we want to do with the funds before we make the transfer and I know there is the argument that we can all -- we can transfer it and we can always move it back later if we want to do something else with it. But the reality is that wouldn't happen. So, I would like to just hold off transferring it. It's not going to break anything. To give us a chance to have that discussion and move it later or spend it somewhere else. De Weerd: Okay. Well, I -- I guess if Council feels the same we can move it to an agenda item on next week, which is a workshop or Council can take action. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe a question for Council Member Palmer if you're open to it. Do you have some thoughts about I guess a different allocation of funds than what's proposed or are you just looking at to have more time to contemplate that? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I met with Finance sometime last year to discuss the logistics of potentially using it for roads. I understand it's a complicated thing, but I think that it could still be done. So , I would like to explore that idea and that -- the reason that the funds exist is because we are overcharging the development community for permits and whatnot. So , it's -- it is growth that's causing these funds to exist within the city. So , I want to do everything we possibly can to put it towards the number one thing that the public complains about growth about and that's roads. So, if there is any possibility of being able to use those funds legally for that purpose, especially where we have had conversations about wanting to partner with ACHD to put an overpass at Linder or move up any of our other priority projects, what better funds to use than these monies if it can be done. Cavener: Okay. De Weerd: Okay. Council, there is -- this is not an item that we can necessarily discuss, because it's not published. I guess the question in front of Council is do you want to put this off for a week as this -- as a specific budget item -- or item of discussion or do you want to take action this evening? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda April 16, 2019 – Page 10 of 472 Meridian City Council April 2, 2019 Page 6 of 66 Borton: I'm comfortable taking action on this. It's sort of -- it's consistent with what we have done annually. It doesn't prevent future changes if there is a desire of the collective group to allocate some portion of the money elsewhere, but the origin of this annual process was to ensure that if there are any excess revenues, that they are allocated to a capital improvement fund that ensures one time expenditures, as opposed to taking an opportunity to expend it on recurring expenses. So, I think this is consistent with it. Now, whether or not the items within our consolidated financial plan for public safety and those capital needs should fall below roads that are funded by another agency, that's a big discussion definitely for -- for another day. I don't think it necessitates holding up this transfer that we do annually. So, I would support going forward now and approve the fund balance transfer and I don't think it eliminates the discussion that Councilman Palmer is asking us to explore, but I wouldn't wait. De Weerd: And I do think there has been a commitment from the elected officials to having the discussion after staff is able to get firmer numbers on -- on what in particular the Linder overpass and -- and some of the remaining questions were leading into that and they are still continuing those discussions and will be back in front of Council. So, any other discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I got a question for either Mr. Lavoie or Mr. Nary. Should the Council take action tonight there is nothing that would prevent us at a later point in time from using funds that are in the CIP to fund a road project should that be a decision the Council would want to make at a future time? De Weerd: No, it would not prohibit that. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And, like I said, if we make this transfer it's not going back out. It goes into that account and it will be spent on something that will have a name plate with all of our names on it to -- it serves the community and glorify ourselves. My preference would be, again, to just hold off and put it towards the number one thing people are -- are asking for and demanding and that we have contemplated doing. De Weerd: Well, I promise we won't do a nameplate on the overpass. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda April 16, 2019 – Page 11 of 472 Meridian City Council April 2, 2019 Page 7 of 66 Borton: I move that we approve the recommended fund balance transfer of 3,251,404 dollars to the capital improvement fund as proposed by Finance. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: All ayes -- oh, I'm sorry. The ayes have it. I apologize, Mr. Palmer. MOTION CARRIED: FIVE AYES. ONE NAY. Item 8: Action Items A. Mayor's Youth Advisory Council Update and Participatory Budgeting Proposal and Request De Weerd: Okay. Action Items. Under 8-A we have the Mayor's Youth Advisory Council update and also their presentation on participatory budgeting, their proposal and request. So, Ben, if you can also introduce yourself and who you have with you. Hutchins: Madam Mayor, City Council, thank you for having us tonight. We are excited to propose our participatory budgeting project today that we have been working on for a very long time. We have a MYAC member here with us today who has been spearheading the project and we have also two more members of our Executive Council who will introduce themselves. We are going to start off with our proposal for the participatory budgeting project. Coursey: Madam Chair and Council Members, I'm Jaelahna Coursey and today we thank you for the opportunity to present our participatory budgeting proposal for this year. So , essentially, what spearheaded our idea was we saw an issue in the community and in the nation regarding recycling and the lack of people participating in recycling and it being available for other people. So , we found research showing that it's an obvious and big problem that actually affects us not only environmentally, but physically as well. Here is a physical demonstration of the amount of trash that we produce from 25 trash cans with zero recycling receptacles and so we aim to somehow dent that impact and create a better more recycling community. So, our asked for today is that we want to create recycling receptacles that are wrapped with youth made art and put it around downtown Meridian to kind of revitalize downtown and bring that art and youth participation along with increasing our recycling. Moore: Alrighty. Thank you again for this opportunity, Madam Mayor and all the Council Members here today. My name is Carson Moore. I -- additionally, I am a member of the Meridian Mayor's Youth Advisory Council. So, we will talk about some of the logistics of Meridian City Council Meeting Agenda April 16, 2019 – Page 12 of 472 Meridian City Council April 2, 2019 Page 8 of 66 our plan. We have done a lot of research and we -- we found that Secure offers the best receptacles if we are to move forward with our plan. One of the main things that I would like to highlight is the fact that these receptacles shown here have carts that are removable, which makes the process of collecting the recyclable materials very streamlined. As far as location earlier in the year, the youth council to ok a walk-in on it -- of the downtown Meridian area and as was shown earlier, we noticed that there were 25 trash cans in our -- in our city, but there were zero recycling receptacles. So, what we want to do is analyze the downtown area and pick the optimal -- optimal locations for where we can place these recycling receptacles. Additionally, we want to ensure that we place our recycling receptacles next to the already established trash cans in order to reduce what's known as contamination. That's the mixing of trash and recyclable materials. And, additionally, this area shown here is called the city core and currently it's covered by the Meridian city master license agreement with ACHD and so in talking with ACHD we don't -- we do not foresee any permitting problems as far as placing our trash cans -- or our recycle receptacles. Excuse me. And, then, lastly -- and in talking with Republic Services, we found that there would no -- not be an additional expense to the city for placing these additional recycling receptacles and the process would be pretty streamlined as far as the new recycle -- recycling receptacles would be geotagged and, then, Republic Services would pick up the material, so -- Graves: Okay. So, the recycling receptacles are only part of the project -- De Weerd: Amber, you have to introduce yourself. Graves: Oh. I'm Amber Graves and I'm a member of the Meridian Mayor's Youth Advisory Council and the artwork is only a part of -- or a part of the piece of the puzzle. We also have the recycling receptacles to go along with it. So, there is five steps that we would take for the artwork. So, we do a call to artists. We would determine the winning artwork. Obtain the artist's permission. Wrap the receptacles with the artwork and, then, present it to the Arts Commission, which is not necessarily last, but that would be kind of in conjunction and at the same time as the others. So, for our call to artists we have talked a little bit with the Arts Commission and what that would need to look like, but our criteria would be that the artist was a high school student, that the artwork would include the word recycle or the recycling symbol, that the artwork -- artwork would be two dimensional, that way we could wrap the receptacles with it, that an artist may submit up to five pieces of artwork and a picture of the piece may -- may be submitted by e-mail and that's just how we would collect the artwork and, then, determine what we would use and we would determine the winning artwork as a council. So, we would need to decide if we want to do that in a small committee or if we would do it as a -- as a general council, but we will decide that when the time comes. So, obtaining that artist's permission, we talked a little bit with the Arts Commission about that and we would just need to sign an agreement with them, but the Arts Commission is willing to help us with that. And wrapping the receptacles, we have talked -- we have talked with Art Sign Design and they do a vinyl wrap around the receptacles and that's what we would be going with and the cost estimate is about 236 dollars per receptacle and as was mentioned kind of earlier that we would present to the Arts Commission and this is to ge t on the maintenance rotation. So, the Meridian City Council Meeting Agenda April 16, 2019 – Page 13 of 472 Meridian City Council April 2, 2019 Page 9 of 66 Arts Commission has electrical boxes around town that they already service and rewrap, so by presenting to the Arts Commission we would be asking them to put the receptacles on their maintenance rotation. So , as far as pricing goes, we were thinking about 1,190 dollars per receptacle before installation and, then, 236 dollars for the wrapping of the receptacle, which brings the total price of each receptacle to 1,426 dollars. So, within our budget we think about 13 receptacles. Graves: So, again, I'm Jaelahna Graves, Madam Chair and Council Members. The reason why we think that this is important is because , like I stated earlier, recycling is really an issue, especially in our city core, we don't see a lot of recycling availability for that foot traffic and those recyclable goods, so will increase the amount of recycling that occurs, along with creating an aesthetically pleasing city core through this and kind of voicing the youth through that as well, so that they can show their artwork and our desire to continue recycling as well. Our bottom line and essentially the main point for all of this is that we want the youth of Meridian to create a long lasting and tangible representation of our desire to better the community in this specific case through that recycling. Moore: And at this point, we would like to answer any questions that you might have. De Weerd: Thank you, Carson, Jaelahna and Amber. Council, any questions for our MYAC students? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One question. Great presentation and information. Is there a separate cost for the installation itself? Moore: Yeah. So, I can take that one. We have talked a lot with the -- the Parks and Rec Department of the Meridian city and they have said that we might be able to partner with them to install the receptacles. So , at that point there would be no like additional expense directly to our project, but that is also why we left some room in our budget for the installation, but that's -- that's definitely something that we still have to explore. Borton: Okay. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Great presentation you guys. I have a couple of questions. So, it looks like you have spoken with Republic Services. Did you specifically speak to them regarding the style of can to the ease of their job of retrieving the material? Meridian City Council Meeting Agenda April 16, 2019 – Page 14 of 472 Meridian City Council April 2, 2019 Page 10 of 66 Moore: Okay. Yeah. Council Woman Milam, so we did talk to Republic Services about picking up the trash or -- oh, my goodness. And I apologize again. The recyclable materials and they did not say that the removable cart was actually necessary. So, they didn't have any real huge concerns about collecting recyclable materials. Bu t as I mentioned earlier, the receptacle that we have selected does have a removable cart, which makes it really easy for the truck to use its hydraulic arm. Milam: So, they didn't have a problem with it. They really -- they understand the type of can that you're using? Moore: Yeah. Milam: It's okay with them? Moore: Yeah. Milam: Okay. Madam Mayor, follow up. The other thing that we are experiencing -- and you mentioned contamination. It's a huge problem, particularly in public spaces. It's a problem in our own homes and it's even worse when you go out into the public and people are just putting whatever in and especially with the -- the way that recycling has changed so dramatically over the last couple of years, there is not a lot of materials that can actually be recycled through general recycling, through our mixed commingling recycling. So, are you going to have a label on each can showing just the specific items that can be put in? Are you going to limit it to just one or two things? How are you going to do that? Moore: Yes. Well, thank you again, Council Woman Milam. So, we have talked about that a lot as a group and one of the reasons we liked the secure receptacle was because it had different sized openings, so we definitely want to look towards an opening that, you know, says recycling, perhaps round or rectangular and, then, as far as like a symbol on the receptacle, that's kind of why we made one of the requirements be that has the recycle symbol, but, then, additionally, we have discussed, you know, making a list of items that can actually be recycled and we -- we feel that that's something that's very doable, where we are going to be working with the vinyl, we can customize it to our city's needs and requirements. Milam: I think that would be really important -- critical to the success of this -- of this program that you're presenting, because the general public doesn't necessarily know what can go in, because the list has changed and it's changed and it has changed. So, my -- my recommendation would be to keep it limited to four or five things and just make a list of -- you know, the most -- probably the most popular things that you would hope to get in there. Soda pop bottles, cans, cardboard, something like that. And so that's something that you could probably work with Republic Services on, as well as -- as far as what they want to keep out. You know, plastic water bottles are not recyclable. So, that's one of the large contaminants that we have in this type of a situation. Meridian City Council Meeting Agenda April 16, 2019 – Page 15 of 472 Meridian City Council April 2, 2019 Page 11 of 66 Graves: Just something to add, Madam Mayor and Councilman. I just wanted to point out, too, that we are talking about putting our receptacles next to trash cans. So , I think that's another big issue with contamination is speaking from personal experience I -- if there is a recycling receptacle right next to a trash can I'm not just going to throw my trash in the recycling receptacle if I know the appropriate places to put it. So , that's what we are talking about doing. That way we can kind of avoid that contamination problem if it's putting in a recycling receptacle versus doing nothing with it or -- I don't think we are going to be having that issue, just because we will be putting them next to trash cans. Milam: I'm sorry -- Madam Mayor. I'm not being hard on you, but it's -- it's not a matter of just sheer laziness, it's about understanding. I yesterday witnessed a mayor put in -- De Weerd: It wasn't me. Milam: It wasn't you, Mayor. It was from a different city. I'm not going to name any names. But not -- even misunderstand and when we see all this, but with so many changes -- putting plastic utensils into the recycling bin and they are not -- they are not accepted in there anymore, where they used to be. So, yeah, I think just a short list would probably be really beneficial to actually having a list of what can go in there. Even if it's next to a trash can, just because people just -- you don't think. It seems like it should be recyclable, so we want it to be, so we put it in there, because we want it to be recyclable, but all it does is containment recycling and mess up the whole process. Thank you guys very much. Moore: Thank you. De Weerd: Other questions? Mr. Bernt. Bernt: Great presentation. Thank you so much. You guys always do a great job. One quick question. Now, have you guys looked outside the core of downtown as possible sites or -- it sounds like all of these are going to be downtown in the downtown core. Have you looked at other areas outside the core that would make sense to have these receptacles? De Weerd: Their focus was on the downtown core -- Bernt: Right. De Weerd: -- and in that walkable area. Bernt: Okay. I get that, but -- Moore: Yeah. I mean thank you for your question, Councilman Bernt. We have -- when we were planning kind of our project we did talk about the possibility of -- of parks in the Meridian area. But, yeah, in the end we did decide to go with just the Meridian core as Meridian City Council Meeting Agenda April 16, 2019 – Page 16 of 472 Meridian City Council April 2, 2019 Page 12 of 66 far as some of the requirements for our project and, then, also the permitting to place the receptacles as well. Coursey: Also with our budget, whereas we have only 13 receptacles that we would be able to put, we think that the density is really important to kind of creating that habit, especially -- sorry -- for people who walk the area often, so that they can get used to that system, like Council Woman brought up. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Do you guys have an idea about how long the wraps will last ? In terms of future funding to rewrap them, how -- how -- what's the lifespan on them? Graves: Okay. To address that question, the vinyl lasts up to ten years, but, as I mentioned earlier, we would talk to the Arts Commission about getting on their maintenance rotation. They replace all their vinyl wraps every five years. So, if we present to the Arts Commission and get on their maintenance rotation, then , that's not anything that we would need to worry about anymore. If we were on the -- their maintenance rotation, then, they would worry about rewrapping the receptacles and that wouldn't be anything that we would need to worry about anymore. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I guess I'm going to push that back to -- a little bit then. That's something that we as a Council, though, would have to worry about and -- and 236 dollars times 13 is, you know, about 2,500 dollars, so while that's something when you are off kicking butt in college, a future council will have to rationalize the decision about do we continue to spend money on a vinyl wrap for a project that was proposed five years ago and I guess my question to you would be with this project what was more of the priority, getting recycling out in our community in our downtown core or getting art in our downtown core? Graves: I guess to speak to that question -- for me I think it's more about the artwork, especially our theme this year was focus on downtown and getting more foot traffic in downtown and so I think the artwork is a really key part of that. Also youth involvement is always a big thing when we are talking about participatory budgeting. So, I think being able to involve the high school students of Meridian in asking them to design artwork for these receptacles is a big thing and I think that provides a voice for the youth that they don't currently have. So, I think the artwork is a very important piece of this and we already have, you know, electrical boxes with vinyl wraps on them that are already been replaced, so this is not -- it would -- it would add to the expense, but it's not a new expense. It's already something that's being done . So, it's -- it's adding to it, but it's not anything new and something the Arts Commission is already doing. Meridian City Council Meeting Agenda April 16, 2019 – Page 17 of 472 Meridian City Council April 2, 2019 Page 13 of 66 Cavener: Madam Mayor, one more. De Weerd: Mr. Cavener. Cavener: One of the things I love about participatory budgeting is you as an organization are kind of wrestling with the pros and cons and so I guess my last question would be is would you support reduced funding for participatory budgeting in the future to cover the added cost of wrapping these in the future? Coursey: So, obviously, we don't advocate for like reducing the funds for participatory budgeting, because it opens up our opportunity for proposals. But when we talked to the Arts Commission and we talked about possibly proposing this to them, they constantly want to increase the amount of electrical boxes being wrapped, so in this case it would be kind of a surrogate. So, regardless, that growth would be happening. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Outstanding answers. Great question. Even better answers. You guys nailed it I think. What's going to happen in five years? Who knows. But I'm ready, willing and able to bet on you guys and the work you have done. You're sending a message not only of providing that voice for the youth, but you have worked together to try and provide an opportunity for our downtown to be more walkable, to promote recycling and address issues that are important to the youth, which is the whole point of participatory budgeting. If in five years they are not going to be rewrapped, the future council can decide that. It doesn't negate the value of the recycling opportunity downtown. Quite frankly I think they will be. I think the art incorporation is brilliant as well. So, I'm fully supportive of what you have done. Appreciate the work that you did get to this point and the due diligence that's necessary to make this have a chance to be successful. So Madam Mayor? De Weerd: Mr. Borton. Borton: I will move and do move to approve MYAC's participatory budgeting proposal and request as presented and I'm sure we will be getting updates as you proceed and prepare for installation. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda April 16, 2019 – Page 18 of 472 Meridian City Council April 2, 2019 Page 14 of 66 Cavener: I guess I just would challenge you as a body to partner with our downtown businesses and maybe there is an opportunity for sponsorship, so that these businesses that are wanting -- that are seeing the benefit of this art, perhaps maybe sponsor and help offset the cost of the taxpayers and I think it just continues to provide a value add to the great work that you're doing. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Awesome idea. I echo the -- the sentiments from Council -- Councilman Borton and others. I like this idea so much that I think that we should -- we probably should maybe look at expanding this maybe a little bit, maybe to a couple big parks just to see how it works. You know. I mean I know that's -- that's not your focus and you're focusing on the downtown, but maybe talk about that a little bit more to see if that would be a possibility to put in a couple big parks just to see how it does, because I think -- I think it would be awesome, you know, both for the recycling aspect of it and also the artwork as well. De Weerd: Maybe that's next year's proposal. Any other comments? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, ye a; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: You got all ayes. Congratulations. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I know you guys are a little ways away, but, you know, could plant a seed to start thinking about a city council run. We could use your -- your youth and enthusiasm. De Weerd: Have to be 18. Milam: Yeah. I said in a couple years. Just planting a seed. Let it grow. Water it. De Weerd: Congratulations. Hutchins: Great. Thank you so much, Madam Mayor and City Council Members, for your involvement in the participatory budgeting. Next we are going to talk -- next we are going to talk about the National League of Cities conference and two of our executive council members' experiences during the trip, how they benefitted from it and their experiences. Meridian City Council Meeting Agenda April 16, 2019 – Page 19 of 472 Meridian City Council April 2, 2019 Page 15 of 66 Coursey: Hi. So, again, I'm Jaelahna Coursey. I'm the Teen Activities vice chair for MYAC. Overall I think that the NLC trip was really beneficial, not only for the youth who attended, but also to bring back to the city. I think it's a great investment for kind of building us as leaders, but also bringing the ideas from around the nation. Personally, one of my main takeaways was looking at what kind of problems we choose to tackle in discussion with youth delegates and adult delegates from different cities. A lot of them face very insurmountable issues, but they still try to tackle it. So , personally, I think that kind of looking at those and looking at more long term things that may outlive our high school experience and live on through MYAC could be something that we could work towards, especially as I continue with next year in MYAC. A lot of the issues that they brought up included theft with cars and also human trafficking and they were all very aware that they would not solve these problems, but they still took it on -- took it on fully and were able to kind of not necessarily quantify the impact regarding results, but quantify it regarding impacts on people and testimonies in that scenario. So , personally, that's what I got from this National League of Cities and I think that context nationally can be really beneficial for MYAC and it was very beneficial for me personally. Graves: Madam Mayor and Council Members, again, I'm Amber Graves and I had the privilege of attending National League of Cities this year and it was so much fun. I thought it was a blast. Also it was very educational. Just to kind of add on to what Jaelahna said, one thing that I personally took away was how the other cities around the nation are looking to lower the voting age in their cities and their states. That's something that we kind of looked at a little bit this year with our legislation and although it was successful we didn't get the outcome that we were looking for and we will continue to pursue that, but it was extremely valuable for me to be able to hear what other councils are doing and how they are approaching that problem and I think that's valuable -- valuable perspective that's hard to gain and it was a very valuable experience for me to go and hear from them and not only about lowering the voting age, but other things that they are doing in their cities that we can take back and implement here. De Weerd: Thank you, Amber. Hutchins: Great. In our upcoming events we have coming up tomorrow -- MYAC is partnering American Heart Association and we are having a luncheon with the -- partnering with the American Heart Association. We are going to be talking about our experiences. We are highlighting at our Dutch Bros CPR day and we are spreading the word about MYAC and the youth involvement that we have in Meridian to local businesses and, then, we are also going to be assisting the American Heart Association. Also we have MYAC elections coming up very soon on Monday, April 22nd, where we are going to vote in a whole new council and everybody's going to be able to participate and have their voice heard if it wasn't heard as much as they wanted to in general election -- or general council and they want a change in the council. All the seniors are going to be going and people who were in the council this year who are on the executive council will be running for the positions that they want to be running for. And, then, also in the works right now we have the suicide prevention run . We -- if you remember from last year it was a great success and we will bring it back. It's going to be an event that Kleiner Park Meridian City Council Meeting Agenda April 16, 2019 – Page 20 of 472 Meridian City Council April 2, 2019 Page 16 of 66 and we are working on more details, which I will bring to you as fast as we have them. Thank you. De Weerd: Thank you, Ben. Council, any questions? Hutchins: And, then, we also have Do The Right stickers for all the Council -- Council Members. De Weerd: All right. Hutchins: If that's all right. Thank you. De Weerd: So, just -- Ben, if you could give a brief overview, too, of Do The Right and maybe what some of the activities are that MYAC is -- is doing. Hutchins: Yes. Do The Right Day is coming up this Thursday on April 4th. It's a movement of compassion for everybody to do something kind to the -- to the -- the person on their right and the person on their left and just make sure that everybody feels heard -- also have flyers for everybody. De Weerd: You can give them to the clerk, he will make sure they are given out. Hutchins: But it's a movement -- it's a movement of compassion for everybody to feel loved and just a general sense of compassion and kindness on this day where -- where everyone can exercise their care for each other and it's really a moment of reflection for everybody and realize all the nice things that we do for each other and try to take a moment to step back and appreciate everything that we have here. De Weerd: So, how can the Council help with Do The Right? Hutchins: Well, we have our student ambassadors bring to their schools all the stickers, all the flyers. We have large posters that we put up in every school with little notes. I know that I was an at large ambassador last year, so at all the schools that I represented we had posters with notes and they were tear aways and one thing that you could do right for the person next to you or the person at school. We even got teachers involved as well where we were to go up to teachers and tell them -- tell them how much we appreciate them. All the teachers that were involved were super excited. All the teachers in my school and the schools that I represented I remember telling me that they still have their stickers on the laptops and it's spreading every single year. De Weerd: Thank you. Hutchins: Thank you. Meridian City Council Meeting Agenda April 16, 2019 – Page 21 of 472 Meridian City Council April 2, 2019 Page 17 of 66 De Weerd: Thank you for joining us and I love how active and passionate you all are, in particular about your participatory budgeting project , and we do hope that you will come back with the locations and the proposed artwork that you want to wrap with . Hutchins: Thank you, Madam Mayor. Thank you, City Council. De Weerd: Thank you, Ben. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Before that, I see Jodi St. Martin in the audience. Hats off to you and thank you for your work with MYAC throughout the year and helping shepherd the PBP process through the fall and up to this point. So, a lot of their success comes with your oversight and assistance. So, thank you for that. Good job. De Weerd: And Mr. Dom as well. He helps with government affairs subcommittee. So thank you. B. Public Hearing for Proposed Parks Fees 1. Resolution 19- 2134: A Resolution Adopting New Fees Of The Meridian Parks And Recreation Department; Authorizing The Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date. De Weerd: Okay. Item B is a public hearing for the proposed parks fees and I will open this public hearing and turn this over to Colin. Moss: Good evening, Madam Mayor, Members of the Council. So, I am here tonight to present our tri-annual activity guide fees. This one being our summer activity guide that will be coming out here next Friday and so we have a long list of classes that will be offered this summer. We also have some fees on the end there related to the opening of Discovery Park, as well as some updated tournament fees for our sports leagues and a couple others and so I -- I will just stand for any questions that you might have about any of the fees that are on the list. De Weerd: Thank you, Colin. Council, any questions? Don't have any. Moss: Great. Thank you. De Weerd: Thank you. This is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. Council, seeing none -- Milam: Madam Mayor? Meridian City Council Meeting Agenda April 16, 2019 – Page 22 of 472 Meridian City Council April 2, 2019 Page 18 of 66 De Weerd: Mrs. Milam. Milam: I move that we approve Resolution No. 19-2134. Cavener: Second. De Weerd: I have a motion and a second to approve Resolution 19-2134. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Public Hearing for Stapleton Subdivision ( H- 2018-0129) by Stapleton, LLC, Located at the SW corner of S. Meridian Rd./ SH 69 and W. Harris St. 1. Request: Annexation and Zoning of 38. 15 acres of land with an R15 zoning district; and 2. Request: Preliminary Plat consisting of 223 building lots and 27 common lots on 35. 67 acres of land in the R- 15 zoning district De Weerd: Okay. We did have a request to continue Item 8-C to May 7th and I will ask staff if they want to give the basis of that request. Allen: Madam Mayor, Members of the Council, the applicant is here tonight, if you would like an explanation from the applicant, but from what I understand the -- this hearing date didn't work for them. De Weerd: Okay. I guess it would be nice to hear from the applicant. Is there any member of the public here that is here on this particular agenda item? Okay. Thank you, sir. Yes. If the applicant could, please, share -- if you will, please, state your name and address for the record. Bailey: Madam Mayor, Council Members, my name is Laren Bailey with Devco Development. Address 4824 West Fairview Avenue, Boise, Idaho. De Weerd: Thank you. Bailey: And I apologize for requesting a continuance. We had some members of our team who were tied up with other things tonight. A couple on vacation. And, then, some Meridian City Council Meeting Agenda April 16, 2019 – Page 23 of 472 Meridian City Council April 2, 2019 Page 19 of 66 other issues. And so we knew this, you know, when -- when this was scheduled and we talked to staff, but your code requires us to be heard with a certain amount of days, so we needed to have this and continue out. So, we -- this didn't just come about, we knew this when we were scheduled and we let your staff know, but because of your code we needed to be scheduled to be heard and so that -- that's why we had to ask for the -- to be deferred to the 7th. De Weerd: Thank you. Mr. Borton, did you have a comment? Mr. Clerk, I know we have talked about this before and there has been discussion on extending that, changing the ordinance and it is in process. Where are we at with that? Coles: Thank you, Madam Mayor, Members of the Council. I know that it is with the UDC working group and it's part of the overall UDC changes that will be coming before the Commission and the Council in the next little while. I don't know the exact time frame on that, but it's a part of the overall changes happening within the UDC. De Weerd: Is -- is there a process that we can -- or a process that you use when you have these requests and to share with our citizens so they don't spend their evening in vain to let them know that although it was set for a particular date, because of our code the applicant still cannot make that, it would be recommended for a different date, how can you do that? Coles: Thank you, Madam Mayor, Members of the Council. I believe when we found out that this date wouldn't work we had already started with the noticing process. However, because of NextDoor there is no cost to -- to making changes in notifications with NextDoor. I do believe we did use NextDoor to send out an update saying this -- there is a request to be continued to this date. So, that's generally the tool that we use, because we can on a -- on a moment's notice use NextDoor to push out a lot of information. De Weerd: Can it also be noted on the agenda? Coles: Thank you, Madam Mayor. We have discussed that before. I know that this Council has brought up that request and I know Mr. Nary has weighed in that while it's okay to do that -- and he can correct me if I'm wrong -- while they -- if we put that on there it isn't official until the Council takes action on that. De Weerd: Right. Coles: So, we don't want to confuse anyone if they see that and, then, all of a sudden the Council didn't make that decision and now we have confused other members of the public. Borton: Get the UDC changed. De Weerd: Caleb, is this something that can be considered to bring separate from UDC? Does it need to be packaged or bundled with the other changes of the UDC? Meridian City Council Meeting Agenda April 16, 2019 – Page 24 of 472 Meridian City Council April 2, 2019 Page 20 of 66 Hood: So, Madam Mayor, Members of the Council, we are ready to go. Bill Parsons this week should have the application submitted, so there is no worry at this point to pull it out. Some things have been piggybacked on that application and it's -- it's flagged and I apologize for that, but it is moving forward as the clerk mentioned. I don't have a specific date yet, but that transmittal this week -- we have had some recent communications with the BCA, so -- but -- but, really, at this point the application is 99 percent ready to be submitted this week and will be -- it does go to the Planning and Zoning Commission first here, but eight weeks or so should be back before you for a hearing. So, I don't anticipate this situation happening again. We will cross our fingers anyways that it doesn't. But, again, no reason to pull it out and process it separately at this point. De Weerd: Okay. Well, so, Council, there is that -- I mean there is an expense to the applicant that they notice it for a date and , then, they have to renotice it or repost it. I guess it can be at our expense , because it's our ordinance, but -- any comments from Council? Any questions for the applicant? Thank you. Bailey: Thank you. De Weerd: And I apologize to the citizen that joined us to make comment. It is an inconvenience and we apologize. Coles: Madam Mayor, if I may just get some clear direction from Council. If it is the will of the Council to do a full renotice, reposting at the city's expense, including -- I know that the Council has considered before if the sign needs to be reposted on the site, while that is generally at the applicant's expense, and we have done it where the Council has decided to do at our expense as well. So, I just want to make sure that that's clear on the record, so we know what we are doing moving forward for May 7th. De Weerd: Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It would be at our expense, since we forced the compressed schedule in this case, so -- Coles: That's what we will do. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Is the public hearing open? Are we okay to take action? Meridian City Council Meeting Agenda April 16, 2019 – Page 25 of 472 Meridian City Council April 2, 2019 Page 21 of 66 De Weerd: It is open and I would entertain a motion to continue. Borton: Madam Mayor, I move that we continue H-2018-0129 to May 7, 2019, and for the city to cover costs of the reposting of the property. Cavener: Second. Little Roberts: Second. De Weerd: Okay. I have a motion and it seems like a very popular second to continue this to May 7th with the city to bear the cost of full noticing both by mail and changing of the sign. Okay. All those in favor say aye. Any opposed? All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing Continued from February 19, 2019 for Villasport (H-2019-0011) by Sadie Creek Commons, LLC, Located the SW Corner of E. Ustick Rd. and N. Eagle Rd. 1. Request: Council Review of application H- 2018- 0121 and the Planning and Zoning Commission' s requirements related to conditions of approval: UDC 11- 4- 3-2A. 1, which requires all outdoor recreation areas and structures that are not fully enclosed to maintain a minimum setback of 100 feet from any abutting residential district; UDC 11-3A-13, which requires outdoor speaker systems associated with the use to be located a minimum of 100 feet from all residential districts; UDC 11-4-3-2A.2, which prohibits outdoor event or activity centers from being located within 50 feet of any property line and limits the hours of operation to those between 6: 00 am and 11:00 pm; Condition #2. 2, which limits the hours of operation of the athletic club and spa to the hours between 4:00 am and midnight (12:00 am) for indoor activities and 6:00 am to 11: 00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10: 00 pm; Condition #2. 10, which requires the Applicant to work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot. E. Public Hearing Continued from February 19, 2019 for Villasport (H-2018-0121) by Sadie Creek Commons, LLC, Located on the SW corner of E. Ustick Rd. and N. Eagle Rd. Meridian City Council Meeting Agenda April 16, 2019 – Page 26 of 472 Meridian City Council April 2, 2019 Page 22 of 66 1. Request: Modification to an Existing Development Agreement for the purpose of removing the property from DA Instrument 108008770 and enter into a new development agreement F. Public Hearing for Villasport (H-2019-0032) by Sadie Creek Commons, LLC, Located 3055 N. Eagle Rd. 1. Request: Variance to the minimum setback standard listed in UDC 11 -4-3-2A. 1 for outdoor recreation areas and structures that are not fully enclosed to maintain a minimum setback of 100 feet from any abutting residential district; and the minimum setback standard listed in 11 -4-3-2A.2 that restricts an outdoor event or activity center from being located within 50 feet of any property line De Weerd: And thank you. Okay. Item 8-D is a public hearing continued from February 19th for H-2019-0011. I will ask our city attorney to -- this -- this was continued and if you can kind of set the parameters of the discussion for this evening. Nary: Thank you, Madam Chair, Members of the Council. So, what you have before you are three items for Villasport. One is a request for Council review of some of the CUP conditions that were granted by the Planning and Zoning Commission. The applicant has requested some of that to be reviewed by this Council. You also have a request to modify the existing development agreement for this project to incorporate the -- this project into a new development agreement for the property. And , third, you have a request for a variance and that was the main reason that this was continued to this date. There are some setback standards in the UDC that can only be adjusted by varian ce, not by CUP and so that -- those items are before you and you will note on the agenda, as well as in the staff report, they are mentioned a couple of times, so just to help everyone at home that's keeping score keep track, the items under F -- so, there is two sections of the Uniform Development Code that are related to City Codes 11 -4-3-2A.1 and 11 -4-3-2A.2 that are specifically va riance requests regarding dimensional standards and locations of the building in relation to property lines of the adjoining residential properties. Those are also listed under the CUP, so that was the one where they -- the CUP couldn't be used to alter those. So, you are being asked to look at some CUP considerations. After further review part of the previous discussion was regarding the hours of operation and whether or not this specific standard in one section of our UDC code was superseding the general standard, which allows you to vary the hours of operation by CUP. It does not. So, you can consider the request by the applicant for th e change in the hours of operation under the CUP that was granted by Planning and Zoning, except not for that specific request. They granted a different request for hours of operation under the CUP and did not grant this one. You can consider that as the applicant is requesting you to do. So, you have three separate things all related to the same project. One is the CUP, one is the DA, and one is the variance and so if you have other questions -- like Sonya will probably answer the specific project, but as other questions about the framework of what the legal questions are being asked tonight, I can certainly answer those. Meridian City Council Meeting Agenda April 16, 2019 – Page 27 of 472 Meridian City Council April 2, 2019 Page 23 of 66 De Weerd: Council, any questions regarding the framework and -- and what is before you tonight to make decisions upon? Do you understand what Mr. Nary just said, basically. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Yes is the quick answer. De Weerd: Thank you. Borton: But before we -- before we begin I want to put on the record that I was absent at the previous meeting, so in preparation for today's meeting I was able to review the YouTube video of the prior hearing, as well as the complete record of all the written material that's been presented, staff reports, comments up to and including through the variance application, all of which is before the Council now. So, I feel like I'm well versed and up to speed in everything that's transpired up to today, so I feel comfortable participating in -- in all three of these combined hearings. So, wanted to make that known. And -- and as part of that, getting my head around these applications it appeared -- and from Mr. Nary's comments that of the assorted requests of the applicant the Council has the legal authority to grant tonight each of them based on th e various findings that are necessary. There is nothing we are precluded from granting. Nary: That is correct -- Council Member Borton, that is correct. There is nothing that you cannot consider based upon the material that's in front of you. De Weerd: Okay. With that -- with that said I will also note for the record as we listened to the Sadie Creek comments, development and discussion, Items 8-D, E and F are open in this public hearing and we will accept all comments taken at once. Okay. Sonya. Allen: Madam Mayor, Members of the Council, at the previous hearing, you did hear the request for City Council review and the development agreement modification. Would you like me to recap on those tonight or would you like me to move straight to the variance? De Weerd: Council, I think it would be helpful for a recap. And I will just note to the public the process for the public hearing, if this is your first time here, staff will open with a proposal about the applications in front of Council. We will ask for the applicant's comments. They have 15 minutes. We will , then, open it up for public comment. You have three minutes to present your -- your comments, your concerns, your questions, and you have one chance to do that. At the end of the public comment period we will ask the applicant to respond and give comment and, then, it's in the ball -- it's in the City Council's court to follow up with any questions for staff , applicant, or any of those that testified before they make a decision. And please take note as Councilman Borton mentioned, there is a great deal of record on this that City Council does take into consideration as they make their decision. So, Sonya, I will turn this over to you. Meridian City Council Meeting Agenda April 16, 2019 – Page 28 of 472 Meridian City Council April 2, 2019 Page 24 of 66 Allen: Thank you, Madam Mayor, Members of the Council. So, I will just start from the beginning for those that may not have been present at the last hearing. This site consists of 11.39 acres of land. It's zoned C-G and is located off of the southwest corner of North Eagle Road and East Ustick Road. A little history. This property was annexed back in 2005 with a development agreement under the name of Sadie Creek Commons. The previously approved concept plan was for a mixed use development. I think I have that here. Yeah. Upper left-hand corner there. Mixed use development consisting of approximately 150,000 square feet of commercial retail, restaurant and office uses on 15.33 acres of land. Three accesses were approved via Ustick Road and one right-in, right-out access was approved via North Eagle Road. The provisions in the development agreement pertain to that development plan and is applicable to the subject property, as well as to the out parcel at the northeast corner of the site. The Comprehensive Plan mixed -- future land use map designation is mixed use regional. So, I will just go through the City Council review request of the Commission's decision on the conditional use permit first and I will only cover those that the variance is not requested for. So, there is three of them. First, the 2.1A and that is part of the variance request. So, I will skip to number 2.1C, which requires if an outdoor speaker system is proposed the location of such shall be depicted on the plans at least one hundred feet from all residential districts unless waived through approval of a conditional use permit per UDC 11 -3A-13. The applicant is requesting a waiver from this standard as allowed by the UDC through a conditional use permit. In the alternative of a waiver, the applicant requests the one hundred feet is interpreted to be from the adjacent residents -- excuse me -- residential structures rather than district. Next is number 2.1D and that is the subject of the varian ce request as well. Moving on to number 2.2, the hours of operation of the athletic club and spa are limited to the hours between 4:00 a.m. and midnight, 12:00 a.m. for indoor activities and 6:00 o'clock a.m. to 11:00 p.m. for outdoor activities with outdoor music limited to the hours between 9:00 a.m. and 10:00 p.m. as approved with this application. The applicant is requesting earlier hours of operation for outdoor activities of 5:00 a.m. instead of 6:00 a.m., Monday through Friday, seasonally, consistent with number 2.1D. And, finally, number 2.10, the applicant show work with planning staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot. The applicant is requesting the following text is added: If permitted by ACHD in the event ACHD will not allow a crosswalk. Staff is amenable to this change. Next is the development agreement modification request to remove the subject property from the terms of the existing agreement for Sadie Creek Commons and enter into a new agreement for the proposed development. A proposed concept plan is there on the right. The new concept plan and building elevations depict a 99,000 square foot two story building for an athletic club and spa and an proximate 15,300 square foot retail building that fronts on Eagle Road. Associated parking for the proposed uses is also depicted. Lastly, the variance is to UDC 11 -4-3-2A.1. That standard requires all outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet from any abutting residential districts. I would just like to note in the staff report the distances noted by staff are a little wonky. They were based on the original site plan submitted with the application , so -- and the applicant submitted another plan to me this afternoon, so they -- they do vary a little bit, but in your decision, please, just note this site plan that's shown before you tonight. The adult lap pool, the concrete pool deck -- Meridian City Council Meeting Agenda April 16, 2019 – Page 29 of 472 Meridian City Council April 2, 2019 Page 25 of 66 Cavener: Madam Mayor? De Weerd: Sonya, hold on. Mr. Cavener. Cavener: I don't mean to interrupt. I just want to get -- make sure that I'm -- I'm clear on this. This site plan that is on the screen now is the one you want us referencing ? Allen: Yes, please. Cavener: Okay. Thank you. Thank you, Madam Mayor. Allen: So, the -- the pool area here is the green area right here. The pool deck area where there is seating that surrounds it and, then, this is the outdoor turf area here that we are referencing. So, the pool, the concrete pool deck and the turf area depicted on the plan are within one hundred feet of the residential district to the south, which adjoins the southern property line at six feet to the pool deck area and 11 feet to the turf area. Staff believes the intent of the standard is to have a minimum one hundred foot separation between residential and outdoor recreation uses. If the setback were measured from the nearest residential property line, the setback to the pool deck would be 77 feet and to the turf area would be 60 feet per the revised plan shown. Other unique factors that exist on this site is the residential zoning in this area is not typical and that it stretches from the residential area to the south across the street and includes a common area, which abuts this site. Typically zoning goes to the center line of adjacent streets. So, this -- this zoning map here depicts what I was just stating. Typically it would go to the center line right here and in this case it goes to -- actually to the far edge of the street and includes the -- the common area and these areas. This irregularity creates a wider area setback that then is typical in this situation for outdoor recreation uses and, then, additionally, the Milk Lateral bisects this site and lies to the north of their proposed building, which restricts the development area of this site and creates a hardship. The second request for variance is to UDC 11-4-3-2A.2, which requires no outdoor event or activity center shall be located within 50 feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m. The adult lap pool, concrete pool deck area , and the outdoor turf area depicted on the site plan are within 50 feet of the southern property line at approximately 11 feet to the turf area and six feet to the pool deck area. The applicant is requesting reduction in the setback accordingly as shown. The staff believes the intent of this requirement is to have a 50 foot separation between the adjacent property l ine use and the outdoor activity center, which in this case is greater than 50 feet. Staff recommends Council consider the intent of this standard when considering the varian ce request. And just, again, as a reminder, in order to grant a variance Council must make the following of findings: The variance shall not grant a right or special privilege that is not otherwise allowed on the district. The variance relieves an undue hardship because of characteristics of the site and the variance shall not be detrimental to the public health, safety and welfare. If Council finds granting the proposed variance is appropriate, additional buffering measures, such as an eight foot tall fence or wall and/or dense landscaping consisting of a mix of conifers and deciduous trees and shrubs, should be considered as mitigation to further buffer the adjacent residential uses. Written testimony Meridian City Council Meeting Agenda April 16, 2019 – Page 30 of 472 Meridian City Council April 2, 2019 Page 26 of 66 has been received from Jeff Vrba, vice-president of the Jackson Square Homeowners Association. He is against the proposed development. David Durfee and Steve Grant and they are both against the hours of operation earlier than 6:00 a.m. for outdoor uses. The only outstanding issue for Council is the access proposed via Centrepoint Way along the project's west boundary from Ustick Road and from Cajun Lane to the south. Another access is also proposed at the northeast corner of the site via Ustick Road, an arterial street, which requires Council approval to a waiver to UDC 11-3A.3, which limits access via arterial streets. Council should include a decision on the waiver in their motion. Staff is recommending approval of the development agreement modification and denial of the variance request. Staff will stand for any questions. De Weerd: Thank you, Sonya. Council, any questions for staff at this time? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: In review of the record I didn't see anything that would indicate any opposition to the requested waiver as to the access issue. Is that one of the also not in contention issues? Allen: Madam Mayor, Councilmen, Councilman Borton, I am not aware of any written testimony that would, yeah, prohibit that. Borton: Okay. Thank you. De Weerd: Okay. Thank you. Anything further? Okay. Is the applicant here? Good evening. If will, please, state your name and address for the record. Thompson: Good evening, Madam Mayor, Members of Council. My name is Tamara Thompson, 462 East Shore Drive in Eagle. I'm sorry. I'm with The Land Group. We will go through just real quickly the highlights from -- from last time. Again, we are at the southwest corner of Eagle and Ustick. It's 11.4 acres. The arrow below is the property in question and it excludes the hard corner, which is roughly 3.5 acres. The Milk Lateral does bisect the property, although it's been tiled -- just recently was completed. We had to have that completed by March 15th, because irrigation water will be entering the ditches in the next couple weeks. The site is bounded by roads on three sides. On the north is Ustick, on the east side is -- is Eagle Road and on the south is Picard Street. Centrepoint Way runs through the center -- or through the -- the western portion of the property. Currently the site has two direct accesses to Ustick and our proposal -- and you will see when we get to the site plan -- so, when ACHD did the improvements along Ustick a decade or so ago they provided the access points that were approved with the previous development agreement and there is utility stubs here and there is utility stubs in Centrepoint as well. Our proposals go -- when you see the site plan will be to close both of these accesses and have one combined access. As Sonya mentioned, the site enjoys a future land use map designation of medium dense -- or, I'm sorry, of mixed use and it is Meridian City Council Meeting Agenda April 16, 2019 – Page 31 of 472 Meridian City Council April 2, 2019 Page 27 of 66 currently zoned general commercial, which is the C-G zone and I just highlighted that for you here. That is the largest scale and broadest mix of retail, office, service and light industrial uses and here I clipped out just the dimensional standards, that it has a maximum height of 65 feet by the UD -- by the -- by your development code. The property for the current development agreement allows anything within the development code that is an approved use for the C-G, those are the uses that are approved and as Sonya showed you, this is the current development agreem ent concept plan and just some highlights of that. On the site as -- it's approved up to 150,202 square feet of retail and restaurant. With that you would have loading docks adjacent to the southern property line, backup buzzers -- there is no limits at all on hours of deliveries in the development agreement and, again, buildings up to 65 feet tall. So, that's approved. Anything that's allowed per the current development agreement. And here is our current site plan. So, we have the Villasport, which today with me -- I didn't mention this -- I have Jeff Bower, who is our legal counsel. He will be presenting. And Mike Fassler with Villasport is also here today. Just to give a quick overview of the property, I will show you here. So, this street right here is called Cajun and, then, Picard Lane runs to the south of the property and, then, Centrepoint Way. So, this is standing at Cajun looking west along Picard and one thing I didn't mention last time and I want to make sure it's clear, that all of these trees are on the southern property for the residential. These are not going to be touched. So, these remain -- they exist today and they will remain. There was -- I think there was some confusion with some of the neighbors when we had our -- our additional neighborhood meeting. And, then, also just a little bit further back looking down Picard -- so, you can see the existing fence line and the benefit of a decade or so of -- of trees growing. And, then, this is looking west along Picard again and this is Centrepoint and you can see the large open space at that corner, which also is a detention basin for the ACHD roads and down Centrepoint just a little bit looking towards Kohl's and one of the things I want to point out is the power lines. These have gone in recently. The overhead lines have always been there, but this big mini substation that I call it is -- is fairly recent. And I'm going to turn it over to Mike real quick to go over some Villasport highlights for you. De Weerd: Good evening. Fassler: Good Evening, Madam Mayor and Council Members. My name is Mike Fassler, I'm here on behalf of Villasport. My address is 150 Pelican Way, San Rafael, California. Villasport currently is a family oriented and family operated company. We currently have five clubs operating across the western United States. We are in Beaverton, Oregon. We are also in Colorado Springs. We have two clubs under construction. One in Roseville, California, and one in Katy, Texas, Houston metropolitan area. Those aren't your typical gymnasium or gym or athletic clubs, these are -- these are something of a resort amenity and really our community amenity in the cities in which they are located. We pride ourselves on being family -- focusing on the families. About two-thirds of our memberships are family memberships. People forge relationships at these clubs. It's not just go workout and go home, it's actually a -- kind of a resort down the street from your house where you could spend time and we have a huge children's programming part of our -- of our mission. Over 12,000 square feet dedicated just to children, VillaKids center, indoor-outdoor space. We also in creating these clubs we create over 250 jobs in the Meridian City Council Meeting Agenda April 16, 2019 – Page 32 of 472 Meridian City Council April 2, 2019 Page 28 of 66 local communities, in addition to the construction jobs that are created by the adult sports. So, let me kind of go through really quickly the club. I know I did this last time, so I will go pretty quickly through it. These are high end athletic clubs. There are four swimming pools and an indoor-outdoor whirlpool. It's kind of a signature feature of our clubs. Offering -- we offer swimming training programs for age group swimmers, as well as swim classes for the youth and for adults. There is also water aerobics, those kind of things. The focus, as I said before, is on the children. There is two features -- a lot of water features in our outdoor recreational pool. There is also an indoor recreational pool that I showed earlier. And, then, there is an outdoor adult swim area, which features a whirlpool and there is also an outdoor adult lap swim pool. There is an outdoor bar and there is also a grill outside. So, it's more than just a normal kind of athletic club. Inside we have a spa, a couple spas. It's open to the public. Not just members, but public as well and it's a full feature spa offering facials, massages, pedicures, manicures, those kind of things. And you also see the -- the locker rooms. There is a family locker room, there is a men's locker and a woman's locker room. These are all high end kind of materials. Kind of inviting atmosphere to spend time and relax. While parents -- parents can relax while their kids are being taken care of in the VillaKids area and, of course, part of an athletic club is having -- having fitness as part of the focus. Here you will see we have a spin class, a spin studio. We have five X -- group X studios in each of our clubs. Over 120 cardio machines. We offer more than 180 group X classes each week and a full size NBA regulation basketball court. There is also a -- there is also a separate gym with basketball courts dedicated just to the children, the VillaKids, and the basketball court for adult leagues, as well as kids leagues. And we have more of the group X. You have the yoga studio, you have got Pilates and other fitness equipment and an area for the kids, so over 12,000 square feet dedicated just to kids . There is five different stations that children go through. They spend about 25 minutes in each station. It's highly interactive, lots of hands-on activities, not just going and putting your child in front of a TV, they are actually learning. There is a dance studio. There is an art studio. They do lots of activities. So, the kids actually end up bringing the parents to the club. It's actually a great thing for us. So, all the kids at play and there is some outdoor space there, they are playing, they are playing in the basketball gym dedicated just for children. As you see there is also cafes, as feature of our clubs. This is open to the public as well, so people can come in and grab a snack, grab a smoothie, grab coffee, and go or they can sit down and watch the local sports on TV. As part of our programming we also do a lot of public events to our members primarily. There is a -- there is a great Easter -- great egg hunt. There is also a daddy-daughter dance. There is rentals for birthday parties, different kind of holiday activities. Breakfast with Santa. And we also do an open house every year where we invite all the local schools, both private and public, to kind of present what they offer to the local parents, so they can figure out where their kids should go to school and this is open to the public. It's just one -- a one time a year that we do this open forum and that's the floor plan of a typical Villasport Club. You got the two -- this is the indoor areas -- so, two indoor swimming pools and, then, you have got the locker rooms on the first floor and the basketball courts and, then, this is the second floor, all the group X studios are on the second floor right here and the cardio equipment and fitness part of it. So , I will turn it over to Tamara. Meridian City Council Meeting Agenda April 16, 2019 – Page 33 of 472 Meridian City Council April 2, 2019 Page 29 of 66 Thompson: Tamara Thompson again. This is the exterior elevations of the Villasport -- Villasport facility. I want to point out the top level -- the parapet wall height is 36 feet. There is an entry element that goes up to 48 feet. So, 36 feet is the majority of the building and that entry element, which you can see at the very beginning -- at the opening goes up to 30 -- 48. Sorry. Forty-eight. So, on the site constraints that we have I mentioned before, we have the Centrepoint Way here. We have all the Idaho power lines and the easements for -- for those along our Ustick frontage. This is a cross-access. So, we have worked with this property owner on the corner, so that we don't have two separate access points that we would combine those into one and with that we have the cross-access and, then, we also have cross-access to the south that we can get to the Eagle -- Eagle Road access. So, that's a third-party agreement that was entered into when the development agreement for this originally went through and, then, for the Milk Lateral -- is this one here. So, you can see it used to go a little bit more diagonal through there and we have relocated that to where we have to keep the same invert location , so the -- it's a gravity line, so it still has to flow, so we were able to move that a little bit to the north, but not a whole lot, because you have to keep that same elevation were it exits the property. So, for the south property line adjacent to the neighbors, some areas that we didn't have a lot of detail on last time is just what that would look like. So, we have talked to our landscape architects and we were proposing a six foot fence. We are coming back to you with an eight foot fence. So, what we are looking at here would be this open style metal, but -- but we would put fabric on that, so that fabric would damper the -- the noise and, then, the two different types of columnar trees -- so, skyrocket juniper -- gets its name because it grows extremely quickly. They go up to 15 to 20 feet in height, but they are only about three feet in diameter and, then, the Norway spruce also is at 20 feet in height, but about five feet and so what we are doing is having -- putting those -- so, kind of a hedgerow, if you will, along this back -- the southern property line for -- as a mitigation. Again, the other thing that the site has is these umbrellas all over the -- the pool deck that -- and you can see this is one of their other facilities where there is houses right adjacent to it and they haven't had any issues. The noise that comes out of the area is -- it's dampered by those umbrellas. It hits the bottom of those and doesn't make it to the top. And one thing we didn't mention is this line right here that you can see, that is a delineated line between the adults only area, so it was strategic that the adult only area was placed here at the south. Any kid area and the family areas are on the northern side of that pool deck. And I made a little summary for you, but we are running out of time, so I'm going to get Jeff Bower up here to discuss the variance. De Weerd: And you can -- you have five minutes for the variance and, then, your time will be up. Bower: Madam Mayor, thank you. Council Members. Jeff Bower. 601 West Bannock, legal counsel to the applicant from Givens Pursley and I am here just to talk really narrowly about the variance application and, then, the CUP modifications that we are requesting. Mr. Nary went over it in detail at the beginning, maybe a little quickly, so I will, hopefully, try to follow behind that and provide a little bit more context. At the prior hearing we were pleased with the Council's comments, generally very positive, but Mr. Nary did raise valid concerns about the setbacks we are proposing. So, pursuant to Mr. Nary's Meridian City Council Meeting Agenda April 16, 2019 – Page 34 of 472 Meridian City Council April 2, 2019 Page 30 of 66 comments and the Council's motion, we did file a variance to address the reduced setbacks and we are asking for reduced setbacks to two specific -- specific use standards and those deal with a hundred feet to a residential zone, 50 feet to the property line. So, we are -- we are, essentially, asking for the same setbacks, but in two different code provisions. The Local Land Use Planning Act and the UDC, they both give this Council the authority to approve the setbacks in this case. Variances are designed to specifically allow reduced setbacks. The Local Land Use Planning Act -- here is a quote from the variance section. A variance shall not be considered a right or special privilege, but may be granted to an applicant upon a showing of undue hardship because of characteristics of the site and the variance is not in conflict with the public interest and I have that language on the slide in front of you guys as well. The UDC has broken that down into three separate standards, not a special right, hardship and not detrimental to health, safety or public welfare. I'm going to go a little bit out of order and start with site characteristics. I have all of them kind of summarized here for you. First, we have the Milk Lateral. That's on the right side of your screen. As Tamara mentioned, it does kind of diagonally bisect the property. We have a bunch of cross-access easements, as well as access to the arterial streets and, then, the Idaho Power facilities and on top of that is just the general sort of strange shape of the parcel. So , taking all those together, those site characteristics do create a reduced building envelope for us and -- and that is a hardship and it's a hardship that you can vary based on your UDC standards. Staff report does agree that there are hardships here that can be relieved by the varian ce. Second, health, safety, public welfare, we -- Tamara has addressed a lot of these. You know, we don't think that there are health, safety, public welfare issues at play here. The use is allowed in the zone. It's totally contained in fencing. We are going above and beyond with landscaping and buffering. There already exists significant landscaping and buffering, as well as a public street to mitigate any issues and, again, the canopies and buffers. So, staff, again, did recommend that you could find that the health and safety would not be affected by this variance request and we agree. And, then, lastly, the kind of -- the factor here that's at issue, why staff did recommend denial is not a special privilege. Staff was able -- unable to make that finding, but we believe the Council can make that finding, because Idaho law provides that a variance is not a special privilege where site characteristics warrant the variance and that's directly out of LUPA and a large body of Idaho Supreme Court case law. Mr. Nary and I have discussed this as well. He agrees with the applicant's interpretation, so -- so, basically, the -- in summary, if you find that the site characteristics warrant a variance, it's not a special privilege, you're not just saying, hey, we like your project, it's okay. The actual site characteristics do warrant the variance and they give you the discretion to grant it. Real quickly, with the last 50 seconds, Council review of the CUP, again, Mr. Nary addressed those. We are asking for three things there. Extended outdoor operations from 5:00 a.m. -- I'm sorry -- from 6:00 a.m. to 5:00 a.m. on weekday mornings. Again, the code specifically gives you the authority to do that. We agree with the Planning and Zoning Commission's findings there. So, all you need to do is, basically, change the hour and the findings work. Second, the placement of speakers. Again, the code gives you the discretion based on a C UP to place speakers within one hundred feet of a residential district. We advocate for the speakers, because we do think it will reduce and mitigate the impacts to neighbors. If we are allowed Meridian City Council Meeting Agenda April 16, 2019 – Page 35 of 472 Meridian City Council April 2, 2019 Page 31 of 66 to place speakers in that zone right by our property line, we can aim them away from the residential district to really mitigate sound otherwise -- De Weerd: If you can just wrap up. Bower: I think the -- the point here is you have all the tools, as Mr. Nary said, to approve the application through the variance and the CUP. We meet all the standards and I would stand for any questions. De Weerd: Thank you, Mr. Bower. Council, any questions? Okay. Bower: Thank you very much. De Weerd: Thank you. Okay. This is the public hearing portion of this -- this application and so, Mr. Clerk, I will ask you to call out the names of those that have signed up and if they wish to testify. Johnson: Thank you, Madam Mayor. First is Elizabeth Gammon wishing to testify. De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Gammon: Well, thank you. Elizabeth Gammon. 3055 North Centrepoint Way. De Weerd: Thank you. Gammon: I have a couple of questions. Just right here, is that a road out to Eagle? This red line. De Weerd: No. That -- that is the obstacle of the -- the irrigation district. Gammon: Okay. Well, we want to tell you right now the traffic there is horrendous, mainly because of the shopping center there, that they can't pull out left and get to Eagle Road, so they pull out to the right and they come down Centrepoint and they turn around. I have stood there and watched in -- in ten -- five minutes I have seen seven or more cars do that. Also when they put all this in here -- and we are talking about not five days a week, we are talking about seven days a week and we are almost talking about 24/7 with all of the hours that they want, traffic is going to be horrible and the people are going to come down Centrepoint and come out through those streets there. I don't like the idea of the long hours. I don't like the ideals of the traffic that's going to be there and I'm going to tell you that I have tried to pull out in the morning to go right on to Ustick from Centrepoint and with the traffic coming down Ustick they often stop right in the middle of the road and I have had to sit through a couple of lights just to turn right or I can't get out onto Ustick to make a left onto Eagle Road. They put all this stuff in there, it's going to make it much much worse and it's going to be constant. It's not going to be five days a week, it's going to be seven days a week and it's going to be horrific hours. They are going to be going Meridian City Council Meeting Agenda April 16, 2019 – Page 36 of 472 Meridian City Council April 2, 2019 Page 32 of 66 through the subdivision, rather than going out the other way a lot of them. I also don't like the idea that they want to set things closer. My daughter's house is right up the back here and she -- her property line is like four feet from the fence that's there now. So, if it's only 50 feet from there, that's not too good. I don't know what else I -- I don't know all the rest of this stuff. I do know also -- or I have heard that the fence that Jackson Square has put in along there is actually kind of on the inside the line -- inside the pipes, so I don't know if they are aware of -- that the pipes are in the -- you know, the irrigation pipes are on the other side of the fence. I just think that's -- poor Jackson Square is really hemmed in with all kinds of problems and we have had previous problems with the other building there. Jackson Square, with the rest of it, pays 50 percent of the cost of the irrigation and they are only less than a third of the population -- or the use of the water. De Weerd: Your time is -- is up. Gammon: Okay. Thank you. De Weerd: Do you have any concluding remarks that -- you do have the site plan in front of you and this does not have access to Eagle Road. Is that correct, Sonya? Allen: Madam Mayor, actually, if you can see where my pointer is, there is a right-in, right- out right here. No. Wait a minute. No. Oh, excuse me, I'm mistaken. It's actually down here to the south at Seville Lane. Gammon: And it just goes up to -- it's going to bring more traffic through that subdivision. De Weerd: Thank you. We appreciate your comments. Gammon: Thank you. Johnson: Madam Mayor, next is Scott and Heidi Baumann. Baumann: Madam Mayor -- De Weerd: Good evening. Thank you for joining us. Baumann: Yeah. Scott Baumann. 2992 North Villere. De Weerd: Thank you. Baumann: I would be located -- I don't know if you can see where I'm pointing -- the large parcel of empty land there to the south is my home. I'm on record with the Meridian Police Department multiple times calling because the traffic going through our developmen t is insane. It's fast and Meridian police have told me they can't enforce the speed limit there. I have got Jimmy John's going 40 miles an hour through there all hours of the day. This will absolutely cause a traffic nightmare as well as -- my -- I don't -- I don't know if they have a variance if they can't prove the volume. I have heard a lot of ambiguity. I would Meridian City Council Meeting Agenda April 16, 2019 – Page 37 of 472 Meridian City Council April 2, 2019 Page 33 of 66 like to see a report from any one of these other ones that they have built and how -- if I'm 55 feet away as a resident, how much noise do I hear at 9:00 o'clock at night? How much noise right here at 6:05 in the morning? I didn't pay 200 and some thousand dollars to have this thing come land next to my house. I don't -- I have not heard any solid proof that the volume and the traffic flow are going to be somewhat mitigated by anything in this proposal. I would just ask Council to think about if you had spent your money on a home would you want this in your backyard? When I put this house in here I never thought this was going to be this. I thought it was going to be a small strip mall or possibly some more housing. I never ever imagined it could have been a 50,000 foot monstrosity like this and -- and I'm not on the Meridian police. I understand we are limited in scope, but Picard is a private lane, so Meridian police tell me they cannot write a ticket in there. So, when I got people flying in and out of here, who do I call? What do I do with that? As I look at this again, we are getting so much cut through as the prior resident said, I'm going to get a clog in here. We have a light at Ustick, we have no light at Eagle and this City Council has already declined to allow to have a light at Eagle on here on the south side of this parking lot. So, how -- how do we get out? What do we do? I think it's a nice idea that they don't have -- they have not answered the noise questions. They have not answered how they are going to deal with the additional traffic and I don't want to hear a semi backing end up at 3:00 in the morning and loading up stuff, because I am 55 feet from this back fence. De Weerd: Thank you, Scott. We appreciate your testimony. Cavener: Madam Mayor? De Weerd: And -- and I will say that the applicant, when they come back up, will answer some -- the questions that you have raised. Mr. Cavener. Cavener: I was just curious. I think your -- your concern about Picard is -- is somewhat valid and it's been a frustration of mine, because I still don't have a good sense as to who owns that street and so I think that probably makes our -- challenge for our police department that much more difficult, because it's not a public street, because it is a private drive, I -- Baumann: For my own edification what does it mean? It's -- it's a private lane, so does that mean as a resident I can go 60 miles an hour -- I'm being flippant, but can I go 60 miles an hour down that road? Because who is going to control these people? De Weerd: We -- we do have a representative I think from ACHD here. Do we? Oh. We do have our amateur traffic guy here, our planning manager. We can, hopefully, address your -- Baumann: Just a quick comment and I promise I'm done. Again, I have spoken to Meridian police. They have come out, they have been really nice, there is just nothing they can do, because it's a blue sign, it's a private lane. So, where in this plan is Meridian City Council Meeting Agenda April 16, 2019 – Page 38 of 472 Meridian City Council April 2, 2019 Page 34 of 66 something to mitigate that traffic flow, the speed, and the noise that I'm going to encounter? Thank you. De Weerd: Mr. Cavener, did you have a -- Cavener: Do you know who owns it? I was under -- I guess I was under the impression that your homeowners association was the one that owned that private drive. Baumann: And that's what I thought, too. So, then, my question to you folks would, then, be, then, why can I say, no, I don't want these guys coming in my private lane? I paid for it. It's mine, not theirs. Cavener: Sure. So, you're asking me the question. I don't know the jurisdiction of -- Baumann: And I have no clue what the ownership rules are. I mean I -- all I know is when I'm on a road I figure I'm subject to rules of the road. Well, apparently, if it's a blue lane you're not subject to the rules of the road, because we had a guy run into our stop sign and the Meridian police came out and said I can't even write a ticket on that. It's a private road. So, that leaves me a little flummoxed as to what we are going to do with this thing. De Weerd: Lieutenant Caldwell, maybe you can shed some light on -- on some of these questions. Caldwell: Madam Mayor -- De Weerd: Do we have no jurisdiction over private roads? Caldwell: On certain crimes, yes, we do. On things like DUI, reckless driving, there are certain driving misdemeanors that we can enforce on private property. However, many of the codes that the gentleman is referencing, such as speed or stop sign violations, we can't -- some of those infractions, you know, and that's -- that's just from my experience as an officer. Baumann: And I know they are getting tired of hearing from me, because I call them regularly, to be blunt. They always come out. They talk to me, but there is nothing they can do. If they are going to be handcuffed without this monstrosity, then, they have to -- we have to do something if you're going to allow this thing to come in here. De Weerd: Well, one thing I will ask the applicant -- because there is an entitlement on the property to your north and it was for square footage and -- and so I would imagine -- and I would like to get the applicant to ask that -- is will this be reduced traffic impact than the original proposed development. I assume that this is less impact than the original proposal that has already been approved and I believe it was approved before the housing units were placed in there. So, we will ask the applicant to -- to address that. But thank you for your concern. Meridian City Council Meeting Agenda April 16, 2019 – Page 39 of 472 Meridian City Council April 2, 2019 Page 35 of 66 Baumann: Thank you again. Appreciate it. Johnson: Next is Jeff Vrba, wishing to testify. De Weerd: Okay. Yes. You bet. Johnson: Madam Mayor, next is Carrie G, wishing to testify. C.Gammon: Hi, Madam Mayor and Council. De Weerd: Good evening. C.Gammon: Good evening. My name is Carrie Gammon. I live at 3055 North Centrepoint Way. I am actually a teacher at Ponderosa, which I think you may be familiar with as you have been there several times. I actually would like to know, considering the other facilities that have been built, the -- both sides if -- they are in the middle of a residential area -- if entrances go through residential areas, I would like to know how the people around the other facilities have dealt with this, if it's in a neighborhood like is being proposed for ours. It -- it's a beautiful place, but making it closer isn't better. Working with children I do know -- and you have been to the school where I work at. I hear through brick walls and I hear through multiple rooms -- you cannot keep your child's voice down through mesh and umbrellas. They will hear it. Especially at all times of the night. I'm at the point where I feel like the public safety and welfare is in question. Being in the first house there I see all the cars that come and I see exactly how they drive and it is extremely unsafe. We have called the police many times and I do want to point out on this map here, which is one exit, which as bad as this traffic is and I have lived this for nine years -- these people are not going to pull out into the left turn lane to go left, they are going to continue to come through our neighborhood and pull out there and it is to the point where I have people running over my rose garden or I have people running pets possibly over, you know, just standing outside or maybe hitting a child. That is a huge concern. I feel like at this point I have to close my front living room window, I have to close my two bedrooms upstairs and the bathroom, because of the advantage point where someone in an angle could absolutely see at anytime of the day, whether I'm there or not, to see into the home or maybe to watch me. I'm not sure. But I feel very uncomfortable with that and I know what traffic is like and the building going to 11:00 o'clock at night, I'm not really sure if there are people -- with the speaker facing that way outside the window would that not cause any kind of problems if you are in here trying to work. I think it's too close. I think trying to move it closer is a bad idea and I think that the hours are very excessive for something that is in a residential area where the cars will be coming through all times of the night and the noise will be heard at all times of the night and I still don't feel safe with that, especially with the traffic and on the way out and how many more people will be there. De Weerd: Any questions from Council? Okay. Thank you. Meridian City Council Meeting Agenda April 16, 2019 – Page 40 of 472 Meridian City Council April 2, 2019 Page 36 of 66 Johnson: Madam Mayor, the last -- the last person indicating they wished to testify. Mr. Vrba. De Weerd: Okay. Vrba: Thank you, Madam Mayor. I have got a presentation could I drop off over there with them to put it on PowerPoint? De Weerd: You bet. Vrba: Just a couple slides. Thank you. Madam Mayor and Honorable Council Men and Women, my name is Jeff Vrba. I support the -- I'm here on behalf of -- I'm the vice- president of the Jackson Square Homeowners Association. Like was mentioned earlier, we highly disapprove of this facility going at this location. One area that I had a problem with was that they mentioned that they have a hardship because of the -- the shape of the land that they are trying to put it in. My job -- I work at designing printed circuit boards. My job is to lay out the board, so all components are within certain parameters. They have known the parameters they had there. The Milk Lateral was in the way. The fence line there, they had to stay a hundred feet away from that. They had to build their building to go into that area. They were able to avoid the Milk Lateral, because we can't build over that, but we can shove it against the homeowners association down at the other end, because we can probably get a variance on that way. If they would have laid out that building correctly and to size, that hundred feet, they would have been well within where they need to be at. If they would just move the pool to the opposite side down on Eagle Road. That will alleviate that issue, too. They don't want to do it. It was mentioned one time that they didn't want to do it because it was going to cast shadows in the pool and another time it won't fit. If it doesn't fit it doesn't fit. That building does not need to go in and they should not be granted their variance. I went through on their website and downloaded some photos of some of the other facilities that we had in question. This one is the one in Beaverton, Oregon. The houses that we saw on a swimming pool -- the swimming pools are all located right over here. The houses are this far away from the swimming pool. That's more than a hundred feet. I'm sorry. And they are -- they are building it -- trying to build it right on top of us there. The next one is their Colorado Springs facility. Here is the pools. While we do have houses really close or apartment complexes, but they all went in after this facility was built. I've got proof by video on that here in a minute. The other houses that are close by are all clear across -- these are both two lane roads, plus there is another median in the middle, so they are well over a hundred feet away from there. There is so many areas. The Cypress, Texas, location, there is no homes anyplace in the near area for theirs. Katy, Texas, that they are building, once again, they are right on major roads, no homes around that area. Their Roseville, California, area. Once again, no homes up here. They have got a few of the condominiums going in down here, but no homes. Their San Jose, that's the closest to any homes that there is. The pool is right there and you got single level homes right there. I have seen that and that's what concerns me. Do we want our facility to start looking like California? I love Meridian. We do not need to build stuff right on top of us. So, another thing I'm concerned with is out of their facility right up here -- you can see it's in Beaverton. Meridian City Council Meeting Agenda April 16, 2019 – Page 41 of 472 Meridian City Council April 2, 2019 Page 37 of 66 They have got all the machinery back here that runs the pumps and controls their swimming pools. All that is going to be right next to Picard and -- I can't even remember the name of the street. LeBlanc right there. That's going to be right in that corner. We are going to have to be listening to those running all the time, along with the actual noise coming in from the pools. If you notice they don't even put a fence up to block the noise from this facility. On the drawing that they had supplied I was able to see that little spot there. It's a little spot right down in the corner and that's where it's at. The other thing we had a question on, right here is their facility in Colorado Springs. If you notice all these apartment complexes came in after this was built, not before. So, yes, they are closer. Yes, you got a 25 foot water slide right out here, we have got single family homes that this is going to be by. They could easily move the pool to the opposite end of their facility and that would be in the mid point. If they would lay out their facility to fit the lot they are trying to put in we wouldn't even have to be -- we wouldn't even be having this conversation here. They are trying to get a hardship because they were trying to build a facility that is much bigger than the spot they were trying to go into. Other concerns that are really hurting us really bad as -- as a homeowner's association -- when they were moving that Milk Lateral that she mentioned -- they showed on there, the construction workers were lined on both sides of Centrepoint Way, which only left one lane to try to get through there. When they start building a building this size where is it -- where are the construction people going to park? Down Centrepoint Way in front of our houses throughout our whole subdivision. They are complaining about hardship, because they can't manage the way to build their building? How much hardship is that going to be for our homeowners there? I have got two parking spots in front of my house for my guests to show up to visit me. I do have a driveway behind, but that's in a private road and everything else that way, but two -- two spots. That's going to be filled up by those guys coming in. They also mentioned that they -- they are having their community events. Once again they have 500 spots they mentioned before for parking. Where that -- where is the rest of the community going to go? They are going to be coming into our subdivision, filling up our roads again where we can't drive through safely, where there are some kids out in our neighborhood that play in the streets and on the sidewalk , because it's a quiet area on LeBlanc there, now they are not going to be able to do that, because we are going to have traffic there. I can't have guests come over to my house, because there is going to be traffic there. That's what our -- our hardships coming in. They are talking about their hardship, that's where my hardship is. That's why we want to keep the variance -- or the code the way it is. Part of -- if they are going to put their facility in there, make their pool a hundred feet from the fence like it was originally designed for by the former councilmen and mayor that was here. When they set up the original exhibits and -- there is a -- they set up there. That's where we are concerned with. We are concerned with the noise. I have three grandkids. I teach in Sunday school three year olds. I'm used to kids. I love kids. But we do not need to be hearing that from 6:00 o'clock in the morning at 10:00 o'clock at night and that's where our main concern is with -- with them playing the music out there. We are getting all that information coming in. It's creating a hardship for us. My quality of life, if they build this building right out there with the 30 -- the 25 foot water slide out there or slide out there, plus the machinery that's going to be right behind their building, that's really my quality of life. I moved in, just like the other gentleman mentioned, in that area there because I knew there was going Meridian City Council Meeting Agenda April 16, 2019 – Page 42 of 472 Meridian City Council April 2, 2019 Page 38 of 66 to be office buildings or strip malls out in that area. A majority of us did that, because that's what we built and that's what we looked at. If you keep changing all the developmental agreements around it's going to hurt not just us homeowners, but everybody else. If you waive that decree and let them build it closer than the hundred feet from our fence, because it's a hardship for them because they didn't build -- design a building to fit that lot, you're going to be doing that from then on. They even mentioned -- Tamara actually had us come into a meeting across the way, which she was required to do, but when asked she said she only mailed out the mailers that the city required , the 300 feet or whatever it was from the impact areas. That's all they would do. So, they do not want to split it up further to let more people know what's going on or explain stuff. They do not want to build over the Milk Lateral. They do not want to build a smaller building there. They do not want to move their pool. But they want to build this great big giant building and put it in the slot -- a lot that it was not designed for and, like I said, for me designing printed circuit boards, if I did that for a cell phone, I have components sitting out over here, will that work? I can request all the variances I want, it's not going to work. We have to design stuff to fit the lot that you're putting in. They have got architects out there that can design -- put in the lots that they are going to. They do not want to. They want the biggest facility they can get into that lot. They have got it designed. It's a beautiful facility from what I have seen on the videos and on their -- online when I was looking, but my concern is it's too big for that lot. The traffic coming in during their community events parking in the neighborhoods, it's going to be a nightmare out there and that's where my main concerns are. Thank you for your time. De Weerd: Thank you, Jeff. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Could we pull up a -- like a Google map of the -- the area and, Jeff, just -- if you can show us where your house is. Vrba: You can leave it right on that there if you had to. We could have done that, too, so -- my house is located right here. This is where their -- their machinery is that's going in that we were talking about. When you were also measuring on that drawing where they had the measuring, they were looking at the 75 feet from the center here up to t he pool, but, look, this corner down here that they have got the bar and outdoor activities are a lot closer. Cavener: Is -- is LeBlanc Way a private drive as well? Vrba: No, it's not. Cavener: Public street. Meridian City Council Meeting Agenda April 16, 2019 – Page 43 of 472 Meridian City Council April 2, 2019 Page 39 of 66 Vrba: It's a public street. The public streets run in on Centrepoint, all the way down around here, backside, up LeBlanc Way and this little portion of Picard here is all public roads. I know we can't do anything about the public coming in on that, but that's where our concerns are. Cavener: Picard is the only one that's a private drive. Great. Thank you. Appreciate your testimony, Jeff. De Weerd: Thank you, Jeff. Vrba: Thank you, Madam Mayor and City Council. De Weerd: Okay. Additional testimony? Good evening. If you will -- LaFever: Good evening. De Weerd: -- please state your name and address. LaFever: Denise LaFever. 6706 North Salvia Way, Meridian, Idaho. De Weerd: Thank you. LaFever: And I -- one, I think it's a beautiful facility. I will give them that. It kind of breaks my heart a little bit to see that here you have neighbors and they are concerned about compatible use and they are concerned about transitions and I really wish the neighborhood meetings would work better, so they could work together and come up with a viable solution to be able to do good projects. Given -- saying all that, this is to Sonya. There was a statement about hardship of the lateral and, then, the applicant came back and stated that is titled. So, I would like to hear from Sonya why that's a hardship and, then, the second thing is is this was already zoned commercial and it didn't require a variance, so to me it seems like just the change in the use is what's requiring the variance. So, I would also like to hear from Sonya about that as well, if that's okay, Mayor Tammy. De Weerd: We will have her address that -- LaFever: During the closing up point. De Weerd: Yeah. LaFever: So, that's all. Once again it is a beautiful facility. So, I would like to see them work -- work with the neighbors to be able to produce something nice. De Weerd: Thank you, Denise. Yes. Hysmith: Thank you, Mayor Tammy and Members of the Council. My name is Julie Hysmith. 2903 North Centrepoint Way. My major concern is we are a community of Meridian City Council Meeting Agenda April 16, 2019 – Page 44 of 472 Meridian City Council April 2, 2019 Page 40 of 66 young adults in their 20s and single and party time. That's what this facility really is made for. The pool for the adults is supposed to be open until 11:00 o'clock. You know they are going to close at 11 :00, they are going to stand around and talk, they are going to be laughing -- the whole bit. What do we do with our children when they have to go to school and they are still awake at 11:00 o'clock at night. That's not fair to the people that looked at these plans prior to buying our properties and building our homes. I don't think this facility in this location is right for us. You're -- you're not allowing the people that have been there for some ten to 12 years to live the style that they bought into. Yes, we knew there was going to be development there, but not something like this. It's not only the noise, it's the traffic and many of you have been in that area and if you come during the day there is a school three blocks away. We can hear the kids all day long. Three blocks. We are only a half a block away from this, so -- and it's going to be going on until 11 :00, 12:00 o'clock at night. So, please, think about that. Thank you. De Weerd: Thank you. Any further testimony? Thank you for joining us. Webb: Hi. I'm Becky Webb and I live at 2880 Centrepoint Way. De Weerd: Thank you, Becky. Webb: And I just want to say that on multiple occasions I have spoken to neighbors about this proposal. There is people that are excited about it. My husband and I are in favor of it. We are in our 40s. We have a 14 and a 13 year old that still live at home. We see the benefit of it. We understand that what is already been approved is -- quote, unquote, could be worse. What could go in there I wouldn't want to see , but I am excited about this project. It gives us -- all of us neighbors a chance to get to know each other better, provide a safe place for my kids to come and for us to exercise and I would look forward to the landscaping that would be provided. We have lived there since 2012. That field -- you know, it's ugly. There is going to be traffic. We live in a busy intersection. We all knew when we moved in there that it's a busy area, but we -- my husband and I chose to live there because we wanted to live in an area that's close to shopping and schools and the ease of being able to get to things like that and this is one more thing that will be easy to get to and provide a healthier lifestyle. So, I just want to say there are people in this neighborhood and in our area that are in favor of it and you know how it goes, if you're in favor of something you're not going to take the time out of your evening to show up and say you're in favor of it, because you're busy. You're really feeling like you want to be heard, because you're not in favor of something, that's why you're hearing from more people than what are in favor of it. But there was a forum discussion on our online e-mail group, yeah, and there are multiple people that commented in there that they are in favor of it. So, I just want to let you guys know that. De Weerd: Okay. Thank you. Webb: Thank you. De Weerd: Any further testimony at this point -- yes, ma'am. Meridian City Council Meeting Agenda April 16, 2019 – Page 45 of 472 Meridian City Council April 2, 2019 Page 41 of 66 Bailey: Good evening. My name is Janet Bailey -- De Weerd: I'm sorry, if you will say your name one more time in -- Bailey: Janet Bailey. 2925 North Centrepoint. De Weerd: Thank you. Bailey: I do the neighborhood watch there. I have lived there seven years. I have watched the traffic in the area. It's worse. It is -- and I know we have had discussions with you many times about Jackson Square and the traffic. We have had bus stops moved because of the traffic, especially in front of Carrie's house. That -- in the -- the whole idea -- the whole point with this facility -- the outdoor -- the bar, the pool late at night -- when I moved in there it was -- it was peaceful. It was a nice little community. I knew -- well, I was told out front on Ustick it would be a little strip mall with a restaurant in the corner. Hey, that was great for all of us. I mean there is a lot of retirees in there and it's quieter, it's peaceful -- it's not peaceful. It's really becoming an anxious neighborhood because of the traffic -- the constant traffic. They just blow down Centrepoint, you know, and calling the police -- well, I'm sure they are sick of hearing from Jackson Square, but it's true, we -- that's all we have. That's our only recourse and with my neighborhood watch connection they told me that's all you can do, call the police. Well, I'm sure they have better things to do then chase down these speeders, but it's honestly true, the traffic is bad. The pool where it's situated with the 25 foot slide, that noise is going to just radiate into the neighborhood. I'm just a few houses down from their 300 foot, but I can hear it, I can hear the school, and it's -- that whole area, you know, and as far as being in the shopping area, that was a part of the reason we thought we would buy there, because we are too old to drive, we would just walk. Well, you try to cross those streets you're going to get killed. There is no way. The traffic is insane. Traffic backed up on Ustick, coming in, and when Jeff said that when there is construction they took up so much of the road there was barely enough room to get through when they were doing their stuff. But I hope you don't let them push the boundaries. It seems like they take a little bit and they are just -- they are -- you know, you give them a little bit, they are going to take more and I feel like that building is just on top of us. So, it's taken away that little piece that we all bought into. De Weerd: Thank you, Janet. Bailey: Thanks. Thanks for your time. De Weerd: Any further testimony? Well, I will invite the applicant to, please, come and make final remarks. You have ten minutes. If you will, please, restate your name for the record. Fassler: Sure. Thank you, Madam Mayor and Council Members. My name is Mike Fassler. I'm here with Villasport. Just to, you know, kind of address some of the issues that were brought up today. One is about the -- the intensity of the project. This -- our Meridian City Council Meeting Agenda April 16, 2019 – Page 46 of 472 Meridian City Council April 2, 2019 Page 42 of 66 proposed use is much less intense than what could be done on this corner. This is a commercially -- commercial corner, commercial district, it's one of the busiest intersections in the whole state. In our experience, like, for example, the height, we are 36 feet high. It could be a 65 foot building. We are not going to have trucks unloading and loading behind the building. All loading and unloading is done not by big semi trucks, we don't have -- we are not a big box retailer, we don't have supplies coming in and out. They are small little delivery trucks that show up in the front of the building and they pull the things in from the front. So, we don't have loading docks and a lot of unloading and loading and speakers talked about the fact that Villasport has residential nearby or doesn't have residential nearby. In San Jose, for example, those residentials were already there. We built it next to the club. We haven't had any complaints. It's been well received by the neighborhood. In Colorado Springs we built first and they decided that, yeah, we will build multi-family right next door overlooking the pool. I mean they are right on top of it. Much more intense than what will be proposed here. And I want to point out that talking about density, there are some concerns about parking and public events . When we do a public event, which is -- which, again, the school forum is one of the ones I can think of, that's done one time -- it's the time of day when things -- the club is not being used very much. It's going to be a less intense time and also just to point out the parking, we have 500 spots, roughly, allocated to Villasport. The code only requires about 200 parking spaces here. So, we are well parked for what we need. It's consistent with our other clubs and, then, the noise and other concerns about noise, one of the things is the building itself will actually mitigate some of the noise in the residential area that comes from Ustick street, if you look at all the residences right across from where the building would be placed and that's been the experience that we talked about I think at the last City Council meeting we were at with the Lowe's project down the street with the neighbors there and I think another issue came up about a bunch of -- a lot of 20 somethings using our club. That's simply not the case. Two-thirds of our memberships are family memberships. Just to give you a breakdown of the profile, looking at our Beaverton club, the average member is a 41 year old female. It's a family membership. There is 2.3 kids on the membership. The VillaKids really does attract the -- attract the families. The moms and dads can leave their kids in the VillaKids for up to two and a half hours while they go workout and do something or go use the pool. We also have day camps that we offer during nonschool hours. So, a lot of times the kids are actually in school, they are going to be using this during the daytime, they are not there 10:00 or 11:00 o'clock at night using the swimming pools. They shut down earlier than that. We need the 5:00 a.m. time because of lap swimming for master swimmers. That's a very important thing. They work out four -- five days in the morning -- for four days of the week at 5:00 a.m. And I'm happy to answer any other questions that you may have regarding this project. Thank you. Oh, one other thing real quick. This prototype we have been talking about trying to change the building. This is a prototype we have used three times now and we are currently using the two clubs under construction. This is something that's a proven model. It works for us and it's feasible. We can build something smaller. This is the -- this is our brand. This is what we do. And so that's -- just wanted to address that. Thank you very much. De Weerd: Thank you. Meridian City Council Meeting Agenda April 16, 2019 – Page 47 of 472 Meridian City Council April 2, 2019 Page 43 of 66 Thompson: Thank you, Madam Mayor, Members of the Council. Tamara Thompson with The Land Group again. I took good notes I think, so I will try to address each of the items. Mike definitely talked about some of the operational issues . As far -- traffic was heard a few times. Definitely cut through traffic for the existing neighbors. With our development we had to do a traffic impact study, so we have -- one of the things that we have with -- with these public hearings is fears aren't facts, that, you know, there is a lot of fears out there. The unknown is a fear. For development we have to backup our projects with facts. So, we actually have a traffic impact study where we had a professional do a study and it was vetted by ACHD and ACHD has a report that's in your packet. They have approved our project with the accesses as proposed and, in fact, the traffic impact study, things that -- the cut through that's happening on Picard for the other uses that are out there is actually going to be minimized by this development with -- with those access points that you can get to Ustick easier through these locations than through the neighborhood, there would be no reason for cut through for the -- for the Villasport. Let's see. The one gentleman did mention to you -- so, Picard is public at this location and, then, it turns to private here. So, that's been clarified. There was mention about semi trucks. So, again, the -- there is one little -- there is a cafe and all deliveries for the facility come through bread truck size delivery trucks through -- through the front door. There -- there are not semi trucks that are -- that are going in the back, which is different than what the current development agreement would allow -- we would have semi trucks along this property line with the -- with the development agreement. This -- let's see. This is a major commercial corner. This is -- from the research that I did -- the fifth busiest intersection in the state of Idaho and I did have the benefit to talk to the neighbors behind the Lowe's when I did the neighborhood meetings for the Rosauers. If you recall I did the initial entitlements for this back in 2005 and I did the one for the Rosauers across the street. So, my neighborhood meeting for the Rosauers center -- I had the benefit to talk to the neighbors behind the Lowe's and they were very forthcoming in telling me that that building made a huge difference in the sound s that they heard from the intersection, because the building creates that buffer. The -- the noise -- the ambient noise level for the traffic that's currently out here, this building is going to substantially reduce that. Mr. Fassler talked about parking. We have about twice the number of parking stalls that are required by code, but those parking stalls are what they -- Villasport has determined with their other sites that they require. So, we are parked for the use. And, then, I just have a couple -- I just want to talk about the setbacks real quickly. So, as Sonya mentioned in her initial comments that these -- most of the -- most of the setbacks that we are talking about right now are related to the zoning district and typically those zoning districts change in the center line of a street and in this case it did not. This -- these properties were originally brought in together. When they were annexed and zoned they came through together and, then, the development agreements were separated in 2004, which I believe is why that didn't get put on -- on the street, but the dashed white line that I have here is the center line of the road. So , that is where the measurements typically would be taken from, but that's -- that's not where we are here. So, from the edge of the pool to the nearest residential property we are at 96 feet, with the common area and the road in between those two. And, again, there is that -- existing large trees, we are not removing trees. In fact, we will be adding to those with our proposed hedgerow, if you will, from what will put on that property line. So, we are mitigating for any concerns. The -- Meridian City Council Meeting Agenda April 16, 2019 – Page 48 of 472 Meridian City Council April 2, 2019 Page 44 of 66 Villasport has projects, properties that are adjacent to residential uses and they have not had any complaints at those. With the umbrellas it's -- it definitely helps those. And this is just a summary that I prepared for you. It seemed like -- there is three different applications that I have highlighted in bold at the top and, then, just a handful of items there that we are asking for your approval on and we have read the staff report and -- and these -- and we agree with staff's findings with these changes and with that we gratefully -- we are grateful to you guys for your -- for your time and we appreciate -- we will appreciate -- we will look forward to your approval tonight. Thank you . De Weerd: Council, questions for Tamara or Mike? Or Jeff. Cavener: Madam Mayor? Cavener: Mr. Cavener. Cavener: Tamara, I don't think you necessarily touched on it. There was a concern brought up from one of the residents about some sound mitigation around your pump system. The pool pump system. Curious to see if you can -- okay. Perfect. Fassler: Council Members, the pool pump -- De Weerd: I'm sorry, Mike, if you will just state your name. Fassler: Yes. It's Mike Fassler with Villasport. De Weerd: Thank you. Fassler: Thank you, Madam Mayor. So, the pool pumps are primarily right there and they are closed -- they are actually in an enclosed area. Cavener: Okay. Fassler: There are some mechanical things on the roof, et cetera, in the back, but -- Cavener: Madam Mayor. Then just for clarification, Jeff. The -- I think the resident testified -- alluded to some type of a pump system near the southern part of your building. It sounds like that's not the case. Yeah. Right where you are -- I think is where he alluded to. Fassler: So, the pump -- the main pumps are right there. Cavener: Okay. Thank you. Fassler: And enclosed. Cavener: In an enclose facility. Meridian City Council Meeting Agenda April 16, 2019 – Page 49 of 472 Meridian City Council April 2, 2019 Page 45 of 66 Fassler: Yes. Cavener: Thanks. Fassler: Thanks. De Weerd: Other questions from Council? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I don't know if this is a question for Mike or Tamara, but regarding the fencing and the trees and the additional trees, is the fencing going to be replaced with the new fencing and, then, additional -- you even mentioned two other types of trees that were going to be added, showed us trees that are going to be remaining -- if you would clarify all that I would appreciate it. Thompson: Absolutely. Madam Mayor, Councilman Roberts, the -- so, there is existing trees in this area, but if I can scroll back to my pictures, there aren't any right up against the fence at that location. This one shows a little bit better. So , you can see there, there aren't any against the fence at that location. So, we are not proposing to remove the fence. There would be, essentially, a double fence in that location, because we wouldn't -- we wouldn't want to use their fence and, then, if it happened to fall at some point, you know, we need to make sure the pools are secure. So, we would have our own fence on our property line. Those -- that one is in from the property line just a little bit and, then, we have a landscape area of six feet between the fence line and the pool deck and in that area would be the -- the landscaping that we are proposing. Does that answer -- Little Roberts: That does. Thank you. Thompson: Thank you. De Weerd: Tamara, I guess I have a couple of questions. The staff has recommended a masonry wall. Is -- is that -- certainly I would agree with the -- the neighbors that a see- through fence with fabric screening doesn't necessarily block any noise. Would -- would that be acceptable as a -- as a requirement? Thompson: Madam Mayor, we did some research for acoustical abilities of different fencing types and the sound batting for the fabric is actually superior to a hard surface. Hard surfaces sound hits it and reverberates and so the -- the -- the proposal that we have with the sound batting is -- is actually a superior product acoustic wise because of that -- because of the sound batting. De Weerd: That's just counterintuitive to anything that comes to mind , but just additional questions. There -- with the 5:00 a.m. start -- and it's primarily for the lap swimming, from Meridian City Council Meeting Agenda April 16, 2019 – Page 50 of 472 Meridian City Council April 2, 2019 Page 46 of 66 -- I can't imagine a kid being out there at 5:00 a.m. Would the applicant be amenable to not turning on the music until 6:00 a.m? Thompson: Madam Mayor, they have agreed to no -- the speaker system outside would be limited from 9:00 a.m. to 9:00 p.m. De Weerd: Okay. And on the children's pool would there be an openness to a hard stop time for pool hours for the children's pool? Would that be the 9:00 p.m. as well? Thompson: No, the -- De Weerd: Or that's only speakers. Thompson: The -- the 9:00 p.m. is for speakers. Yeah. Madam Mayor, the -- the time of -- and I should have brought my notebook here. The time of operation is 5:00 a.m. lap pool and, then, to 11:00 p.m. is the outdoor hours and that's approved -- just the hours of operation for the zone, too. De Weerd: So, I know our -- our noise ordinance is 6:00 to 11:00. Thompson: Yeah. De Weerd: So, I understand. Thompson: So, anything changing the operational hours I would need to ask Mr. Fassler to come up and address that. De Weerd: Okay. Thompson: If you would like to hear from him. De Weerd: Well, I -- let me just ask -- since you did the entitlements, as I recall, for this corner piece, I imagine you did a traffic study on that. Is there a reduced impact of traffic -- this development as opposed to the original application? Thompson: Madam Mayor, from what the existing development agreement has approved -- and this development, it is a less intense use and definitely on the traffic side as well. De Weerd: Is -- now, I guess -- it was really interesting to hear your statement about the fencing. So, could you work with ACHD on both Centrepoint and Picard and install no parking signs to eliminate the concern about the parking in the neighborhood? I -- I certainly understand what the neighbors' overall concerns are. Is that something I -- you would be open to considering as well with the -- working with ACHD on that and installing the signs? Meridian City Council Meeting Agenda April 16, 2019 – Page 51 of 472 Meridian City Council April 2, 2019 Page 47 of 66 Thompson: Madam Mayor, I don't -- I don't see any issues with installing no parking signs there. We -- we don't feel that -- we feel we are parked adequately and we are not going to have overflow parking in the -- in the neighborhood. De Weerd: There is a concern about the outdoor bar location and that is -- can you show the site plan and maybe point out where that outdoor bar facility is? Fassler: One thing I didn't bring up is the swim pools are only seasonal outdoors. So, they are not open year around. So, they are usually -- they probably -- we haven't set the hours, but usually it's like end of -- beginning of May to end of October or something like that. De Weerd: So, you must have a heated pool? Fassler: It is. The -- let's see if we have got -- so, outdoor -- this all the adult area and so there is a -- off to the side of the building there is a bar area right here that serves the adult area. De Weerd: Okay. Fassler: And we -- we would be amenable to saying that the hours of the water slide or water features would be limited, so they close at 9:00 o'clock at night or something like that. De Weerd: Thank you, Mike. Fassler: Sure. De Weerd: And I guess other than questions for staff on Picard, it's -- it is a mystery and maybe we can figure it out tonight. But construction worker parking, certainly the -- the concern of the neighbors and the impact just for the irrigation ditch work where -- what is the plan for parking for your construction workers? Thompson: Madam Mayor, the -- when the site is fully under construction they will have an area for staging that will be off of the street. This was something that -- to put in -- to tile the Milk Lateral that it was just a quick couple week project, so they didn't build a holding yard for their parking and that kind of stuff and that's unfortunate. I did not know about that until tonight as far as the -- or the issue -- actually, it was the last hearing after the work was done that we heard about it. But they will have a layout area on site, but there is going to be some construction on Centrepoint. So, currently there is not curb, gutter and sidewalk on Centrepoint and that is being installed on both sides with this project, so -- so, there is -- you know, it's going to be a construction project. There is definitely going to be some times when lanes are going to be restricted and that type of thing for the full road section to be constructed, but we will make sure that there is a specific area off of the roads for construction activities and lay down and parking and that. Meridian City Council Meeting Agenda April 16, 2019 – Page 52 of 472 Meridian City Council April 2, 2019 Page 48 of 66 De Weerd: Thank you. Council, any further questions? Thank you, Tamara. Thompson: Thank you. De Weerd: Sonya and Caleb, there -- I know Denise had a couple of questions, but can you maybe talk about that section of private road and how we can help mitigate traffic impact in that area? And, really, how can a development use a private lane as an access -- I -- I guess it baffles me how the impact of anything to the north is allowed without some kind of mitigation. Hood: Madam Mayor, so a couple things. Remember this was all part of one at one point in time. I mean it was all -- the concept plan was all master planned together. That's why you have the cross-access easements and it was always envisioned that these two -- there would be some traffic amongst the subject property that you're considering tonight and what already exists to itself. I will just point out -- so, the -- the portions of Picard and Cajun and Seville that are private -- honestly, there is not a lot the city can do for reasons that have been talked about tonight. Police can't write tickets. We can't do anything. There is not a public realm there. That is on the HOA and they own and maintain and are responsible for that. They could potentially look at traffic calming measures, some speed humps, some circles, some chicanes, some -- some things like that on their -- they are their roads. They would want to coordinate with the fire department to make sure that they can still have emergency access, but there is some things that they could do through their HOA potentially that could help that. I'm not here to say that that's a silver bullet, you still may get people that still go through there, but you could slow traffic down potentially or even divert some folks. The portion of Centrepoint Way that's a public street, ACHD though -- and the city can be involved in some of those things, we could do some of the same treatments, but that is where the city, if you will, really through ACHD can work on doing some things that could hopefully address volume as in speed concerns, at least on the public street sections. I will just point out , though, this is a good example of why in our code there is two things that aren't -- aren't present here. One, in our code it talks about the intent of private streets is not intended for single family projects. This is one of the reasons why. Two, we also require gates on -- on streets for -- that are private -- again, this is one reason why. We can't police them. We really don't have control on them and we don't want to gate too many communities off from each other, we do like that interconnectivity. The third one I will also point out isn't necessarily ours, but more ACHD's, you typically don't want a private street connecting two public streets, because you get things like this and, then, you can't do anything about it. So, again, I don't have -- I don't have a real solid answer. We kind of painted ourselves into the corner a little bit with some of this, though, and, again, that -- there was a master plan that this all worked together. I do think there are some things that could help a little bit , but, yeah, I don't remember and didn't research it before tonight how we exactly got here, but it is certainly not ideal. Unless you want to address anything else. And I am -- just in conclusion, I'm willing to -- to help talk with the neighbors about, again, the ACHD roadway segments and maybe there is some things that can be -- with John Lawson and -- and -- and petitions that way for what is public right of way and some things that maybe could be done that way to slow people down, at least on the Centrepoint, you know, stretch, kind Meridian City Council Meeting Agenda April 16, 2019 – Page 53 of 472 Meridian City Council April 2, 2019 Page 49 of 66 of through the middle of this campus. I know that on your agenda you have a request for a waiver of the crosswalk. That was one of the inten ts was to slow people down a little bit to have at least some visual, hey, people could be crossing here across the street, so maybe slow down if you're -- instead of speeding through there. But, anyways, I will make that offer that I can -- I can certainly put them in contact and -- and coordinate on the public street portions of this. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: In regard to the traffic calming measures along Picard, I don't remember if it's Picard -- or I guess Picard goes all the way down, but I'm fairly certain there is already traffic calming measures there that are existing and they are not small, they are big. I mean, in my opinion, it would be very difficult to go 40 miles per hour down that road. That's my opinion. De Weerd: Well, you can see I haven't been the one speeding through there. I didn't know about all this. Bernt: I could be wrong. I could be -- I could be thinking of a different road, so I could be wrong, but I'm fairly certain there is already traffic calming measures on that -- on that road. Just saying. De Weerd: I guess we could ask the neighborhood if there are traffic calming measures there. I can't take testimony from the audience. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think there is. I think we went through this discussion when the commercial property up on Eagle Road came through, was trying to create some traffic calming. But just an overarching observation is -- is back to -- somebody made the comment that the -- the proposal and what could be done on this property yesterday and , then, if this is denied, tomorrow, is more intense, more traffic than what's proposed. So, sometimes we are -- we are dealing with greenfield development where there is no annexation, there is no entitlement rights to build anything and the question is whether we should go from zero to allow some type of use, which would create traffic, which would not otherwise exist. This is different and it's frustrating -- certainly for the public, because, really, the discussion is either, A, it's traffic of a certain level or with this proposal it's something certainly less. To what degree we don't know. You know, traffic impact study provides us the greatest objective matrix of a reduction in traffic, but that's the reality. So, a concern on traffic, for example, on Picard, it goes down with this application, than it does with the 150,000 square feet of C-G. Now, whether that should have been approved back in '05 or '06 to ever allow this much traffic, that ship has sailed, which is frustrating -- certainly frustrating. Meridian City Council Meeting Agenda April 16, 2019 – Page 54 of 472 Meridian City Council April 2, 2019 Page 50 of 66 So, back to the focus of traffic on Picard, the reality is what's proposed as to the traffic issue is asking for a reduction on the impact on that private lane, as well as Centrepoint than what otherwise exists if we don't have this application. So, if that's helpful. At least I think it frames our -- what we have to consider and what the public will be left with should this go forward or should it be denied, so -- and Picard does have -- I think it's a -- is it called a Hummock -- I think that allows the fire truck to get through. Bongiorno: I was just looking at it, Council Member Borton and Bernt and Madam Mayor. There is traffic calming devices on Picard. There is two of them. They are traffic cushions. Borton: And Madam Mayor -- De Weerd: Traffic cushions. Bongiorno: Cushions. Yes. Borton: Pillows. De Weerd: Mr. Clerk, can you pull the Google Map up or -- or maybe Sonya -- so, we can see what was just referenced. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Does -- well, we will look at -- they are designed, though, so our -- our public safety vehicles can get through them quicker. Bongiorno: Correct. They are -- they are designed so that the axles of the fire engine can get there -- Borton: Yes. Bongiorno: -- but not a standard vehicle. De Weerd: That's why they are a cushion? Bongiorno: Yes. They are very cushiony. De Weerd: Or -- oh, you said a pillow. Bongiorno: Pillow. De Weerd: We will bring it up just so -- now that we have referenced it we want to make sure we all know what we are referring to. Meridian City Council Meeting Agenda April 16, 2019 – Page 55 of 472 Meridian City Council April 2, 2019 Page 51 of 66 Bongiorno: If you click on satellite -- De Weerd: While we pull that up, Council, any -- any other questions -- Bongiorno: Down in the bottom corner. De Weerd: -- at this point? Yeah, you're -- you're in the right spot. Yeah. Hit the satellite. Bongiorno: Yeah. Click satellite. The bottom corner. De Weerd: Yeah. Where it says satellite. Oh. Of course. It's always nicely placed. Bongiorno: Sonya, I think if you zoom in a little bit further you can see them. De Weerd: Oh, there they are. Oh, wow. Thank you for dropping that man right there. Okay. Perfect. Council, any other information you need from the applicant, from staff or those that testified? Cavener: Madam Mayor? I think -- I think there was some questions from -- or from Denise for Sonya, not from Sonya to Denise -- that I didn't know if Sonya wanted to have a chance to respond. Allen: Sure. Councilman, just one moment here, if you guys are done looking at this I will switch screens. So, the -- the relocated Milk Lateral is shown there, the red line. So, it fairly -- or fairly constrains the site. Development area. There is also an access easement to the east for access to the property to the east to Centrepoint Drive. And, then, of course, you can't shift the building to the north, because you can't build over the lateral. De Weerd: And, then, you have setbacks for access points that further constrain that. Was there one more question? Allen: Not that I'm aware of. De Weerd: Mr. Nary. Nary: Madam Mayor, I thought the other question that was raised was why does this need to variance compared to what was already granted and what was granted is a conceptual plan of buildings and elevate -- or not even elevations -- buildings and building footprints with drive aisles, connections, driveways, so until the actual development comes in, then, it's determined is a variance needed, where is the location of the building, is the height -- that needs to be varied. So, that's why -- where there -- what they are asking for does require that and part of the hardship -- and it's not simply the lateral, but also as we talked about it isn't just the dimensions of the site, but it's the dimensions of the site in relation to the property lines. This one is fairly unique as -- as was stated in the staff report and by Sonya, that the property lines don't go to the middle of the roadway Meridian City Council Meeting Agenda April 16, 2019 – Page 56 of 472 Meridian City Council April 2, 2019 Page 52 of 66 like most common ones do around the city and, again, I think to go back to Caleb, I -- I think I was here in '05. This was one big concept and this was -- this area here -- this Picard Lane was supposed to be a drive aisle and the access was supposed to go to the north and so that was -- what was anticipated and that Picard Lane was merely to serve that one section of the housing development and the other sections were supposed to be served by the public streets. So, when it got broken up and changed that's why I think Council Member Borton stated -- I mean that issue was decided as a whole and, then, it got separated into bits and pieces and so that's an unfortunate circumstance, but nothing we can do to change that, so -- De Weerd: Thank you, Mr. Nary. Okay. Council, anything further? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It doesn't sound like there is. I'm going to close -- or move that we close the public hearing on Item 8-D, E, and F. I believe we are doing them all together? De Weerd: Uh-huh. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing. All those favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I shared some of my comments about the scope of what's before us and these three applications taken together, in light of the existing entitlements on the property and what could be done here and the intensity of use , the applicant made reference to it and I think staff did as well through the -- the staff report and the applicant's materials reference the C-G zone and the intensity of use, both in the scale of the use, the -- the mass of the buildings, the hours of use and the type of impact this existing entitled right could have on the existing neighbors, which is quite intense and perhaps extremely frustrating for those that live nearby. Anybody who shared information that said it might be just a strip mall and a restaurant is it was not probably accurately depicting what was zoned and entitled. That doesn't help either. But it might have not given the public a real clear understanding of -- of the intensity of use that was approved there. So, back to what's before us, I look at it from -- from that perspective, that you have an extremely intense C-G usage, which is going to create noise and traffic of a considerable degree, considering this application and the review of what the applicant's presented, how P&Z Meridian City Council Meeting Agenda April 16, 2019 – Page 57 of 472 Meridian City Council April 2, 2019 Page 53 of 66 vetted it -- I thought P&Z did a wonderful job in trying to wrestle with some of these issues, that some of the finer points that have come to us today, it's something that I'm -- all things considered I'm supportive of. I think that, in essence, reducing the intensity of usage on this property, trying to facilitate some of the constraints that exist on this property to allow for a use consistent with the zoning seems appropriate. I think our staff has made -- and Planning and Zoning has made some good reference to the intent of these setbacks. There wasn't necessarily anything magical back when the hundred feet from a zoning district was set, other than trying to capture an awareness that -- that these sound impacts have an actual impact on -- on a residential neighborhood. You could have a situation like this, which truly is really unique, quite frankly, with the -- the R-15 residential zoning really abutting this -- this property when normally we would see that portion of the -- that triangle, the southwest corner I guess, you would usually see a project come where that would be part of this application, which would create the additional setback. So, there is really some unique factors with this and the history of this project, which -- which makes me think what is proposed meets the intent of those requirements within our UDC and as part of that I think the variance findings are also -- I think they can be met in light of the constraints that have been referenced by the applicant and by our staff and I agree with -- with -- counsel for the applicant makes reference to our U DC standards on a variance -- it's kind of weird, we really have -- we have three standards, but it's kind of like we have two, because if you're going to have -- be able to make a finding that you have unique site characteristics that create -- cite it correctly -- De Weerd: Hardship. Borton: Yes. Characteristics of that site create a unique hardship, if you're able to make that finding, then, you are, in essence, also making the finding that you're not granting a special privilege, because it's a unique characteristic of the site which warrants the variance in the first place. So, you either have one and two or you have neither of them. So, I think those are met here as well. To the extent that our -- our zoning allows the use -- the time usage to make 11:00 p.m. I -- I wouldn't even restrict usage of the water slide, quite frankly. I don't necessarily -- I don't think that's -- from where that's located that that's necessary. So, those are -- those are my thoughts. I'm supportive of the request of the applicant. I'm sensitive to the concerns of the -- of the neighborhood. Hopefully this is a less intense use. Clearly it will be than what would otherwise be built, so -- De Weerd: Any other comments or remarks? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: For the record that I tend to agree with Council Member Borton. I have really wrestled with this project and fortunate that we were able to continue this and allow legal counsel and the applicant to connect specifically on -- on the variance issue. That was a piece that I had some real concerns with a month and a half ago. The one exception I guess I do have -- and maybe slight disagreement with Councilmember Borton pertains Meridian City Council Meeting Agenda April 16, 2019 – Page 58 of 472 Meridian City Council April 2, 2019 Page 54 of 66 to the children's use of the pool and the timing. It sounds to me that the applicant was supportive of reducing those hours to be a good neighbor, doing what I think they have done through this entire project was really try to be a good neighbor to the surrounding residences, recognizing when there is a disagreement sometimes that's really, really hard and I appreciate your willingness to do that. So, I'm supportive of the reduction. I'm supportive of this project with the reduction of the hours of the water slide and youth pool. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I appreciate the point and the applicant's concession on that. I generally am not inclined to -- to restrict usage. It's not necessary. But you bring up a great point and -- and I certainly would support a restricted time -- I think he said 9:00 p.m. for the children's usage of the water slide or water slide and pool area. I'm certainly not opposed to it and I appreciate bringing it up and appreciate the applicant's concession in that regard. If it helps mitigate some of the impact on the public, that makes sense. De Weerd: Okay. Well, if there is -- Bernt: Mr. Bernt? Bernt: Thank you, Madam Mayor. Thank you, Mike and Tamara and Mr. Lawyer from Givens Pursley. I appreciate -- I appreciate your -- your presentation. I think it was very well thought out and very thorough. I, frankly -- I -- I love this business model. I think it is absolutely awesome. I -- I understand why you want it at that corner. You know, I -- if I had a business like yours I would want to plant it right there as well. I mean location, location, location. Makes sense. I get it. We have code in place to ensure a healthy, safe neighborhood development. After listening to the applicant and -- and the facts, I just -- I'm not one hundred percent convinced that the applicant's met that level for me to approve a variance for this with this area . I almost think to myself, I mean I wish there was a way that you guys could, you know, redesign or do something with this -- with this area to make it work. I -- I'm looking at you right now and, man, I -- you're not liking what I'm saying. I get that. But we can agree to disagree. I just -- I -- this is just in my -- in my opinion I just -- I just don't think that level has been met and so I -- I love the project, I'm just not supportive of it in this -- in this particular area. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I have really wrestled with this. I think it's a great project. I -- I love the concept and everything. I so wrestled with where it is, but I think that history kind of dictates what our options are and I think that I can -- I have a lot of empathy for the neighbors, but I think that having something that is less intense in that a rea will actually better -- be better than what could be there and I do think it's a wonderful project. Meridian City Council Meeting Agenda April 16, 2019 – Page 59 of 472 Meridian City Council April 2, 2019 Page 55 of 66 I think that -- I hope the neighbors, if we proceed, embrace it and enjoy it. I think somebody even said it's an opportunity to get to know the neighbors. And so I definitely have my concerns, but I really appreciate the applicant and all the work that has been done to keep the scope so that it can hopefully be fairly neighbor friend ly and especially with the demographics that you're aiming for and so should it proceed I hope you do absolutely everything you can to mitigate issues while construction is happening and things, because we all know how hard construction nearby can be on neighbors with dust, parking and things like that and so because our hands are somewhat tied and I think this does fit as a less intense use, I am in support of the project. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Well, I will wait and see -- never mind. I will wait and see where this goes. De Weerd: Okay. If there is nothing further, I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm going to -- I move that we approve Item 8 -- we are taking them together, so D, E and F -- it's H-2019-0011, H-2018-0121, H-2019-0032, to incorporate the modified conditions to the CUP and the approval of the variance as reflected by -- in the applicant's language in their variance application and to incorporate the revised -- the site plan, which is today's date -- of today's date that has been presented before Council, with one edit to the conditions to -- to accept the applicant's proposal that the children's pool area have a closing time of 9:00 p.m., to approve the remainder of the proposed language. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just for clarification, Councilman Borton, did you mean the entire children -- or youth pool area or just the above-ground water features? The slide. Borton: Madam Mayor, I believe the -- the reference was to the water slide. Palmer: The pool can stay open. Borton: The water slide was where the -- where the restriction was. Now, if Councilman Cavener recalls differently -- I believe that's -- so, that would be the motion. Palmer: Second. Meridian City Council Meeting Agenda April 16, 2019 – Page 60 of 472 Meridian City Council April 2, 2019 Page 56 of 66 De Weerd: It is the water features. Borton: Correct. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Borton, I think the planning did request the specific reference to the access on the eastern side because of the -- the joint access -- or the shared access they are going to build off of Ustick, if you approve that. Borton: Madam Mayor -- that was the reference to the -- the decision on whether to grant the waiver. Nary: Yes? Borton: And that the waiver would be granted for the access as proposed. There was no objection raised to that and so that waiver would be granted as well. Palmer: Still second. De Weerd: I have a motion and a second. So, discussion? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Looking like where this may go, just -- just for -- just -- just for -- just a thought, you know, 9:00 o'clock, it's still light and fairly early in the summertime , you know. If I were a kiddo I wouldn't want to stop having fun at 9:00 p.m. Just saying. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One of the comments I was going to make a minute ago, but in a previous application we had tried to facilitate some work with an applicant and I believe it was with this neighborhood concerning traffic calming and I think we can help facilitate that as well on Picard. ACHD was part of that. That's where we got the pillows that were discussed earlier. So, not necessarily part of a motion, but -- or assistance that can be provided. De Weerd: And I -- I guess the -- the no parking on Centrepoint and Picard -- or at least along that northern boundary and southern for that matter. I -- I guess that would be part Meridian City Council Meeting Agenda April 16, 2019 – Page 61 of 472 Meridian City Council April 2, 2019 Page 57 of 66 of what our planning team would work with ACHD on to mitigate the traffic impact, as well as the parking. Borton: Madam Mayor. The no parking signs weren't part of the motion. I wouldn't include it. I think the applicant's expressed a willingness to do so. Not to get too much in the weeds, but if you want to calm traffic on Picard you want cars parked on both sides of it. You would want the most narrow street possible. De Weerd: You would never get a car through there. Borton: It's not -- but that's counterintuitive; right? The wider streets create higher speeds. So, nonetheless, the no parking signs weren't a condition of the -- De Weerd: Okay. Borton: -- motion. Bongiorno: Madam Mayor and City Council, if I may, private lanes are required to be signed no parking fire lane on both sides and looking at the -- I dropped my little guy in there. There is no parking signs on that road, because it's required by the UDC. De Weerd: There you go. Borton: There you go. De Weerd: Thank you, Joe. Any other comments? Or anything to be captured? Okay. Hearing none, the motion is to approve Item 8-D, allowing the -- the reduction of setbacks, hours of -- of operation with the restrictions on the children's pool. Anything further? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, nay. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. De Weerd: And I believe that was regarding just Item D, the DA modifications and certainly the variance -- the variance has to be set separately. Is that correct, Mr. Nary? Nary: Madam Mayor, I think the motion was related to all three and since you did have them all together, we -- we can -- we can prepare findings for all of it as -- based on that motion, if that was the desire of the Council. De Weerd: Okay. Well, the motion -- the discussion talked about why a variance is -- is applicable, but it wasn't in the motion. Nary: Madam Mayor, he made a specific reference -- Meridian City Council Meeting Agenda April 16, 2019 – Page 62 of 472 Meridian City Council April 2, 2019 Page 58 of 66 De Weerd: Did it? Nary: -- to the document that's in the -- filed by the applicant. De Weerd: Okay. Very good. Sorry for not tracking it. Allen: Madam Mayor, excuse me. May I clarify, please. You made a -- you mentioned hours of operation restriction on the pool. I understood that earlier to mean just the slide ; is that correct? De Weerd: The water -- Allen: The water -- De Weerd: -- the water features. Allen: Above ground. So, not including the pool area. The pool. Borton: Correct. De Weerd: Right. Allen: Thank you. De Weerd: That's how I understood it. Borton: Clarified. De Weerd: For Caleb and -- if -- in your work with Ada County Highway District in -- in looking at this area and how to minimize impacts, if you can include the HOA and -- and the -- the applicant as well in that. And I would like to thank the applicant, too. I know why you chose that corner. It's -- it's a perfect corner and -- and, frankly, I -- I am kind of biased on my -- our community. I know why you chose Meridian. We are family oriented. This is about families. It's about kids and -- and I do think that that is what we are. I -- I hope that you will work to establish a relationship with the neighborhood and I think that they will come to see that this will be an asset for their neighborhood as well. But thank you for -- for being here. Anything further from the Council on this? Okay. G. Public Works: Budget Amendment Not to Exceed $86, 027 for Streetlight Maintenance and Locating for Streetlight Underground Power De Weerd: Okay. Item 8-G is a Public Works Department budget amendment and I will turn this over to Warren. Meridian City Council Meeting Agenda April 16, 2019 – Page 63 of 472 Meridian City Council April 2, 2019 Page 59 of 66 Stewart: Good evening, Madam Mayor, Members of the Council. So, last year the City Council approved a budget for 55,000 dollars for Public Works to do -- that was supposed to cover our streetlight maintenance and also to cover the cost of a new program that we were developing, which was designed or intended to do utility locates for the power lines that feed our streetlights. So, I will address that in two pieces. The funding that you see here, the 86,000 dollars is actually for both of those, but I will take each one of them kind of a piece at a time. So, our funding for the streetlight maintenance program has been about 30,000 dollars for several years now. Last year we overspent that a little bit. We weren't sure if that was an anomaly last year or whether or not that was something that was going to become a trend. It became fairly apparent to us fairly quickly this year that that was a new trend. W e have a lot -- we put in eight hundred to a thousand new streetlights a year. Many of those early streetlights that we put -- streetlights in were high pressure sodium. They have a lifespan of about five to six years and, consequently, a lot of those lights are now starting to need regular maintenance and so our maintenance costs are going up. So, we have done some analysis to figure out what that cost needs to be ongoing and how to cover that. You will actually see that in the budget presentation that -- in a few months, but what we need right now is the additional funds necessary to continue to do maintenance on our street lights. This replaces the bulbs, ballasts that are -- have gone out. Occasionally a new fixture or even sometimes when lights get damaged and we have to go out and replace poles and so forth. This covers the cost of that ongoing maintenance work. The second piece of this really relates to the new program that we have, which is to go out and mark out our utilities, similar to what we do with water and sewer. We are required when a contractor calls in and says I need to go dig in an area to go and mark those utilities. It's part of state code. We didn't realize as a city that we have these little segments of power line all over the place that run from the -- the Idaho Power facilities to our streetlights that we should have been marking out. Fortunately, we haven't had any major or serious issues where those have been hit. We have had a few and we have had to go out and pay for the repairs on the -- those facilities, because it wasn't the contractor's fault. But we started a program and hired some contractors to help us go out and do that work. We used an estimate that was based on, essentially, what we were spending for water and sewer and approximately -- you know, approximated the area that we thought we were going to have to watch for power and came up with the budget for this year and I will be honest with you, we were -- we were off and that's the bottom line. We were off. The number of Digline tickets that has come is significantly more than what we had anticipated and so to have the funding to go out and perform the utility locates for the balance of this year we are going to need some additional money to fund that work. So , you will see on the back of the memo -- or the second page of the memo, essentially, the maintenance operations we are asking for another 20,000 dollars to continue the work throughout this year and for the locating services another 65,000 dollars and with that I will stand for any questions. De Weerd: Thank you, Warren. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda April 16, 2019 – Page 64 of 472 Meridian City Council April 2, 2019 Page 60 of 66 Little Roberts: Madam Mayor. If there are no questions, I move that we approve the budget amendment not to exceed 86,027 dollars for streetlight maintenance and location for streetlight underground power. Borton: Second. De Weerd: I have a motion and a second to approve Item 8-G. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Thank you. Stewart: Thank you. Item 9: Department Reports A. Council: City Council Meetings Format De Weerd: And thanks, Al. Okay. Item 9-A -- I will call on our Council President. Getting serious now. Borton: I like to look at you guys when I'm talking to you . Madam Mayor. Joe Borton. Members of Council -- the topic is City Council meeting agenda meeting improvements. So, it's not rocket science that our meetings have run long and Warren just gave us the most recent great example of how we are at times inefficient in what we are doing. Poor Warren, who has already left, his car is started and he's gone, had to sit around for three hours of -- of his time waiting to present for ten minutes. So, is there a better way to -- to do what we do and -- and there is. We have members of the public that we see who get stuck waiting hours late. We have our staff that gets stuck waiting hours late. We have -- we don't have a cap on our time and our focus on our non-land use matters. All of this compiles to inefficiencies for staff, public and us , which brings us to midnight meetings. So, five, six, seven, eight years ago we started the Tuesday workshops -- maybe a little longer. Roughly. Tuesday workshops. Taking two hours out of your work day each month -- assuming an 8:00 to 5:00 work day. Taking two hours using all the non-land use matters there, community items, presentations and that worked well as we were 40, 50, 60 thousand people. Now, we are over a hundred. It's grown. Our community needs have grown from proclamations, to awards for state championships, to staff reports and an annual updates, all of which we need to -- to hear. So, the Tuesday night -- or the Tuesday workshop is now so compressed with agenda items, to try and pack all of those non-land use items on one day is creating additional inefficiencies and -- and now screwing up the Meridian City Council Meeting Agenda April 16, 2019 – Page 65 of 472 Meridian City Council April 2, 2019 Page 61 of 66 other three City Council meetings. That's a problem. Is there a solution? Of course there is a solution. Is there a handout? Of course there is a handout. Mr. Clerk. So, you're not -- Madam Mayor, you're not -- we are not taking action, we are not voting, but you have got a handout. It's beautiful. It's a single page. It's in color and it highlights on the top half what our month looks like now, first, third, fourth Tuesday starting at 6:00 o'clock. It's going to go fast. Man, we are going a long time and, then, it just goes off the rails into late inefficiencies, late staff, late public, not the best way to do our service and, then, a Tuesday, which is a workshop, which is intended to be compressed and non-land use, then, goes off the rails, because we put everything and anything from our staff, which we have to hear and our community presentations. So, now that's not working. So, is there a better way to do it? The idea is to take the two hours that exist on our second Tuesday, divide them up into four one half hours, you start at 4:30. This isn't really fancy or unheard of, but it's -- I think Boise does this structure. It's a work session. Every Tuesday you start at 4:30. 4:30 to 6:00 is a work session. All non-land use matters, city staff reports, community presentations, all occur during the public city work session. That does a lot of good things. I have listed five of them. City staff, like Warren, could have presented earlier. Members of the public who are -- who are engaging in -- in proclamations and awards and acknowledgments can get in and get out. And the members of the public that want to testify on land use hearings, know that 6:00 o'clock means 6:00 o'clock and they are not stuck waiting until 7:30, even with -- with good work to be done in front of them waiting to testify. It provides more certainty for the applicant as well, who is spending their money and their resources asking to participate in our city's process. So, I listed five of those. That's what it would be. And I would likely want to chew on this. The idea would be if people are favorable of moving to a work session, you could use a, for example, July 1 start date. It could go a little sooner, but the idea is soon enough that the four individuals who are going to run for Mayor or for City Council that we make a change, but they do so understanding what the new time obligation would be for their work. So , it would afford enough time for us to try it out and for any person who wants to run, to know the -- the rules of the road and what the time commitment would be. So, that's it. So, if you want to chew on it, you can give sort of a general -- I like the ideas. The pros outweigh the cons. I'm very interested. Let's move forward. Thanks for the handout. That's good feedback. What would happen -- there is -- I didn't cite it. There is one -- two sentences in one of our ordinances that talk about City Council meetings. It's a relatively straightforward change to incorporate this to , edit that paragraph to reflect the new work session structure. And also, last thing, is executive sessions. We don't like them at 11:30 at night. Sometimes it happens. Utilizing this we have the time, we are all here 4:30 to 6:00, finish at 5:30, We can drop an executive session before our council meetings if and when they are necessary, avoiding them late at night. It sounds like it's too good to be true. It sounds like it's almost the perfect proposal. I agree. I just think it's a better way to do business and the public is going to like it, too. So, any questions? Bernt: Madam Mayor? De Weerd: Good grief. Brilliant. Mr. Bernt. Meridian City Council Meeting Agenda April 16, 2019 – Page 66 of 472 Meridian City Council April 2, 2019 Page 62 of 66 Bernt: You know, I -- I think we should -- I think this new proposal is fantastic. I know Boise does the same thing and it definitely will help alleviate some late nights -- late nights, no bueno. So -- I don't know if -- if there is anyone that -- if there is anyone that, you know, wants to think about this we can wait, but I'm in favor of just getting the ball rolling now personally. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I knew a council member once that talked a lot about unintended consequences and so I'm always on the lookout for unintended consequences when great ideas are presented and -- and I think this proposal does have a potential unintended consequence. Yes. And I think that is the -- the removal of our workshop meeting. What I -- I fear happens is that we just spread everything that happens in the workshop meeting over three other weeks or four other weeks and those meetings are already jam packed and so now that's eating into our -- our general meeting and how do we develop a hard stop, so that it gives the Mayor and Council plenty of opportunity to thank the young people who come that have won another state championship for our great community, another organization that's got a proclamation request, that we are not -- not getting in the way of department updates. So, I'm 87.3 percent really supportive of this, but I think that it's important that we keep our workshop meetings in place and add the work sessions to our first, third and fourth meeting. That's something that I'm a little more supportive of, at least for maybe six months to see how that goes. We, as staff and the public can attest, do a really good job of going really late regardless on -- even on easy items and I don't want to have this work session get in the way of our regular meeting. Borton: Madam Mayor. Quick question. I disagree. Here is the challenge I would -- I would put on -- it very well may be an externality, but it's anticipated -- and I think we could do it. I think the better approach perhaps would be to -- to adopt this structure and challenge ourselves to disperse the staff and community presentations week over week , we would have to wait a month for reports and see how it goes. I think it takes some discipline on behalf of the Mayor and Council President to try and efficiently set an agenda that allows it to be accomplished within 90 minutes or less. I think it can be done. If we run into trouble we can always have the discussion and expand it. Maybe it starts at 4:00, but I wouldn't -- I wouldn't skip the opportunity to -- to rise to the occasion with a compressed schedule. We can do it. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: To that point, Mr. Borton, we -- we maybe could -- we have a fantastic Council right now and a great Mayor, but six months from now that is all going to change dramatically and so to say that we are just -- yes, we may do this today, but with -- with new council and a new mayor, that's going to change. So, isn't -- isn't it beneficial to keep Meridian City Council Meeting Agenda April 16, 2019 – Page 67 of 472 Meridian City Council April 2, 2019 Page 63 of 66 things as is, add a little something extra and, then, maybe look for a more substantive change come next year? Bernt: No. Just arm wrestle right now. Borton: Madam Mayor? This is -- this is the example. This is the case that demonstrates exactly what I'm trying to do. I would say no. I think brevity is rewarded; right? It is the soul of wit. Two ears, one mouth. And I think we want anybody who wants to serve in public office to understand there is a great value in being able to get your business done quickly, efficiently, get in, get out. Public appreciates it. Staff appreciates it. We can rise to the occasion. This challenges us. And we could have a shot clock perhaps. That's another idea. That's another discussion. So, we don't have to decide today. If there is -- we can talk more, Councilman Cavener, or we can draft the language, bring it back as a draft ordinance change, chew on it a little bit. There might be other unintended consequences, but I think the -- it's not perfect, but the pros outweigh the cons, which is really all we want to do. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I'm 76.4 percent there. My -- my major concern is while I think your point is important that you would want to get it done sooner than later, so the people that would -- are contemplating running would know what the -- what the requirement is going to be, I think for that very reason that it may make it far more difficult for somebody who would be very good in the position to be able to run , especially a younger crowd. I'm a very strange exception I think in having the blessed opportunity to have the employers that I do that are very willing to let me really do whatever I need to do to fulfill this responsibility, but I think generally people my age -- and especially any younger haven't really -- not many have grown to the position to be able to have that level of flexibility. So, I think it would really make it more difficult to have younger people involved. De Weerd: But I guess I would imagine anyone that is younger that -- or anyone in general that is employed in a structured hourly job has already talked to their employer and -- and there is an agreement. There is -- that there will be a Tuesday commitment, so it -- Borton: Yeah. It's -- it may be sixes. I don't think it's -- you may be right, you may be wrong, I don't know. I think it's -- one of the challenges is when -- for the working folks who that workshop Tuesday, you're basically -- you're done. From lunch on you're done. You're taking a half day off in a sense, because you really can't get into an intense meeting or travel at 1:30 knowing you got to be here at 2:00, 2:30. So, it's taking the same time commitment, dispersing it equally amongst and now you're just leaving at 4:00 instead of 2:00. But you may be right. I don't think it will be -- Palmer: Madam Mayor? Meridian City Council Meeting Agenda April 16, 2019 – Page 68 of 472 Meridian City Council April 2, 2019 Page 64 of 66 Borton: -- fatal to -- De Weerd: Mr. Palmer. Palmer: I mean that's 3:00 to 5:00. There is two hours there. 4:30 -- I mean that's -- I guess that's still two hours to 5:00. I was going off until 6:00, because who works until 5:00? That's ridiculous. So -- never mind. Borton: It's the allocation. Palmer: I'm talking Ty. Borton: So, give them a shot clock anyway. Thanks for -- for letting us chew on it. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: And not that it would need to be incorporated in -- in -- I guess maybe two comments. One, thank you, Council President Borton. C.Jay, I know you have spent some time on this. You and I have been talking about this as well. I think that -- I think this is great work. The other piece that doesn't need to be reflected in the ordinance that I guess would maybe be a request. At the end of our meetings you -- Madam Mayor, you do a great job of summarizing all of these great community events to seven people that are in the room. I would love if we reordered our agenda to add those community events when the public is in the room, because I think ultimately they are the ones that we want to be sharing that with. So, just -- just a thought. Again, maybe as we -- again, I talk a lot about us leveling up as a Council, we level up our agenda, to maybe look to incorporate some type of an announcement within that, so that way the public can be aware of events that are happening, because, ultimately, we know about it, because we get the e-mails and we hear from you, but the public could really benefit from knowing some of the other things that are happening in our community. Borton: Questions? De Weerd: So, I -- I guess the next step is to bring a draft back for -- Borton: We can do that. Bernt: I can make a motion right now if you want. De Weerd: -- discussion. Borton: We will bring back -- Madam Mayor? If it's okay we will bring back draft language relatively straightforward that isn't in color, but captures the intent of this, so -- okay. Thank you. Meridian City Council Meeting Agenda April 16, 2019 – Page 69 of 472 Meridian City Council April 2, 2019 Page 65 of 66 Item 10; Ordinances [Action Items] A. Amended onto Agenda: Ordinance #19-1820: An Ordinance Amending Meridian City Code Section 3-1-2( A), Regarding Authorization Of FBI National Criminal History Records Checks For Vehicle Immobilization License Applicants; Adopting A Savings Clause; And Providing An Effective Date De Weerd: Thank you. Okay. Ordinance No. 10-A is 19-1820. Mr. Clerk, will you, please, read this ordinance by title. Johnson: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1820, an ordinance amending Meridian City Code Section 3-1-2(a), regarding authorization of FBI national criminal history records checks for vehicle immobilization license applicants; adopting a savings clause; and providing an effective date De Weerd: Is there any discussion on this? Hearing none, do I have a motion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I move we approve Ordinance No. 19-1820 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried by the commission. I'm sorry, Chris. It will start to be a little bit more fluid. MOTION CARRIED: FIVE AYES. ONE ABSENT. Johnson: It's muscle memory on the Commission. De Weerd: Exactly. Johnson: Not toward Council Member Bernt. Item 11 : Future Meeting Topics Meridian City Council Meeting Agenda April 16, 2019 – Page 70 of 472 Meridian City Council April 2, 2019 Page 66 of 66 De Weerd: Item 11 under Future Meeting Topics, as Mr. Cavener pointed out, we do have some upcoming events. Do The Right is Thursday, April 4th, following the Mayor's Prayer Breakfast, which starts at 6:30 a.m. at Scentsy Commons. The only time I agree to a 6:30 a.m. meeting. Have every year. Scholarship applications are due on Friday. Anything else for the good of the order? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Would you, please, clarify where the prayer breakfast is? I understand that it's at Scentsy Building Two. De Weerd: Which is their main building. Little Roberts: Thank you. De Weerd: I think Building One was more their industrial building that's closest to the tracks. Little Roberts: Thank you. De Weerd: Okay. If there is nothing further I would entertain a motion to adjourn. Cavener: So moved. Little Roberts: Second. De Weerd: What? You can't so move. Okay. I have a motion to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1� Q t MAYO MY DE WEERD DATE APPROVED OaRZg� AUGvsl' ATTEST: o�Q .10 zW ERJD1 AIN Y C K IDAHO > y�, SEAL C��/rE IIZI AN?- �J CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-A Project File Name/Number: Item Title: Approve Minutes of March 19, 2019 City Council Regular Meeting Meeting Notes: Ff APPROVED I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of M arch 19, 2019 City Council Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 3/25/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/25/2019 - 7:33 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 5 of 395 Meridian City Council March 19, 2019 Page 48 of 48 Cavener: Correct. De Weerd: Okay. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) N / z / 14, MAY MY DE WEERD DATE APPROVED �cn/ Auh ATT ES r"op o z cny of LERK E ID1AN Ch"5-3nsor F-� the EIDIANC-- �J CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-13 Project File Name/Number: Item Title: Approve Minutes of March 26, 2019 City Council Regular Meeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.B . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of M arch 26, 2019 City Council Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 3/27/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/27/2019 - 10:11 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 54 of 395 Meridian City Council March 26, 2019 Page 17 of 17 Cavener: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:36 P. M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD ATT T: �a __ �,e_ CITY CLERK (2J-1 Ghn�dr� q / n / DATE APPROVED Of EIDIAN,?-- �J CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-C Project File Name/Number: H-2019-0022 Item Title: Final Plat for Westbridge Subdivision H-2019-0022) by Trilogy Idaho, Located at 5865 N. Black Cat Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.C. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for Westbridge Subdivision H-2019-0022) by T rilogy Idaho, L ocated at 5865 N. Black Cat Rd. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 3/27/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/27/2019 - 9:34 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 72 of 395 Page 1 HEARING DATE: 4/2/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0020 Westbridge Subdivision LOCATION: 5865 N. Black Cat Rd., in the NE ¼ of Section 28, T.4., R.1W. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 30 building lots and 11 common lots on 12.71 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant: Trilogy Idaho – 9839 W. Cable Car St., Boise, ID 83706 B. Owner: Challenger Development – 1977 E. Overland Rd., Meridian, ID 83642 C. Representative: Kent Brown, Kent Brown Planning – 3161 E. Springwood Dr., Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the approved preliminary plat, staff deems the final plat to be in substantial compliance with the approved preliminary plat. Site amenities for the development consist of the following: a segment of the City’s multi-use pathway system along the east boundary of the site within the street buffer along N. Black Cat Rd., children’s play equipment (as shown in Section VIII.D); and a micro-path to the school site to the STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda April 2, 2019 – Page 73 of 395 Page 2 west. All development is required to comply with the dimensional standards listed in UDC Table 11- 2A-5 for the R-4 zoning district as follows: Note: There is an 8’ x 8’ parcel owned by Settler’s Irrigation District adjacent to the northeast corner of the site within the right-of-way that is not a part of this subdivision. ACHD plans to incorporate it in the future ACHD roadway improvement project. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Meridian City Council Meeting Agenda April 2, 2019 – Page 74 of 395 Page 3 V. EXHIBITS A. Preliminary Plat (date: 8/1/2018) Meridian City Council Meeting Agenda April 2, 2019 – Page 75 of 395 Page 4 B. Final Plat Meridian City Council Meeting Agenda April 2, 2019 – Page 76 of 395 Page 5 C. Landscape Plan (dated: 10/15/18) D. Site Amenity Exhibit Meridian City Council Meeting Agenda April 2, 2019 – Page 77 of 395 Page 6 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0088, Development Agreement #2018-117002). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (on or before November 20, 2020), or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Bailey Engineering stamped by Gregory G. Carter, included in Section VII.B shall be revised as follows: a. The Professional Land Surveyor shall sign and date his stamp. b. Note #8: Include the recorded instrument numbers. c. Note #9: Include the recorded instrument numbers. d. Note #10: Include the recorded instrument numbers. e. Note #11: Include the recorded instrument numbers. 5. The landscape plan prepared by Jensen Belts Associates, dated 10/15/18, is approved as submitted. 6. All stormwater swales shall comply with the standards listed in UDC 11-3B-11. 7. If open water ponds are proposed, they shall have recirculated water and shall be maintained such that it doesn’t become a mosquito breeding ground as set forth in UDC 11-3G-3B.8. 8. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2018-0088 included in the Development Agreement. 9. The existing home on Lot 2, Block 1 shall hook up to City water and sewer services within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. This home will also receive a new address from the internal street network. 10. A public pedestrian easement is required to be submitted to the Planning Division for the multi- use pathway within the street buffer along N. Black Cat Rd. (if the pathway is outside of ACHD’s right-of-way) prior to City Engineer signature on the final plat. Coordinate the details of the easement with Kim Warren, Park’s Department (208-888-3579). 11. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Revise the streetlight plan to identify the types of lights being proposed. Type 1 lights are required on Black Cat Road every 220'. Light at entrance on Vanderbuilt Dr. should be moved from the island to the Black Cat Road frontage. Meridian City Council Meeting Agenda April 2, 2019 – Page 78 of 395 Page 7 2. As proposed, the development will have two dead-end water mains. This may result in poor water quality until these mains are connected to subsequent development. General Conditions: 3. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 4. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 5. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 6. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 7. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 8. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 9. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 10. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Meridian City Council Meeting Agenda April 2, 2019 – Page 79 of 395 Page 8 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 17. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 21. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 - feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. Meridian City Council Meeting Agenda April 2, 2019 – Page 80 of 395 Page 9 24. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 25. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). 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 development plan approval. 26. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda April 2, 2019 – Page 81 of 395 CjQ/rE IDIANIZ?- � J CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-13 Project File Name/Number: H-2019-0017 Item Title: Final Order for Fairbourne Subdivision No. 1 (H-2019- 0017) by Fairbourne Development, Located at 6745 N. Black Cat Rd. Meeting Notes: El I TEM SHEET C ouncil Agenda I tem - 6.D. Presenter: Estimated Time f or P resentation: Title of I tem - F inal Order for F airbourne Subdivision No. 1 (H-2019-0017) by F airbourne D evelopment, Located at 6745 N. B lack C at Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 3/22/2019 E xhibit A E xhibit 3/22/2019 E xhibit B E xhibit 3/22/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/22/2019 - 9:03 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 82 of 395 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE SUBDIVISION NO. 1 H-2019-0017 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 19, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 52 BUILDING LOTS AND 12 COMMON LOTS ON 24.10 ACRES IN THE R-8 ZONING DISTRICT FOR FAIRBOURNE SUBDIVISION NO. 1. BY: FAIRBOURNE DEVELOPMENT, LLC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0017 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 19, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING FAIRBOURNE SUBDIVISION NO. 1, LOCATED IN THE E ½ OF THE SE ¼ OF SECTION 21 AND THE W ½ OF THE SW ¼ OF SECTION 22, TOWNSHIP 4N., RANGE 1W., BOISE MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: Meridian City Council Meeting Agenda April 2, 2019 – Page 83 of 395 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE SUBDIVISION NO. 1 H-2019-0017 Page 2 of 3 1/14/2019, by GLENN K. BENNETT, PLS, SHEET 1 OF 7,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 19, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Sam Johnson, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at Meridian City Council Meeting Agenda April 2, 2019 – Page 84 of 395 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the Alai l ,2019. 2r -J By: Taminypeveerd Mayor, Nq of Meridian Attest: GO�Q�FtATEp q UGGS 2 � of 100 w ns phC��� .� E jDjAN� City Clerk -L--)Cleo/, SEAL Copy served upon the Applicant, Planning an ���r e Sent Services Divisions of the Community Development Department and City Attorney. By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE SUBDIVISION NO. I H-2019-0017 Page 3 of 3 day of EXHIBIT A Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0017 Fairbourne Subdivision No. 1 LOCATION: 6745 N. Black Cat Rd., in the SE ¼ of Section 21 and the SW ¼ of Section 22, Township 4N., Range 1W. I. PROJECT DESCRIPTION The applicant, Fairbourne Development, LLC., has applied for final plat approval of fifty-two (52) building lots, twelve (12) common lots and one (1) common driveway on 24.10 acres of land in an R- 8 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 24.10 Future Land Use Designation MDR Existing Land Use Undeveloped Proposed Land Use(s) SFR Current Zoning R-8 Lots (# and type; bldg/common) 65 lots total; 52 bldg., 12 common, 1 common driveway Phasing plan (# of phases) Number of Residential Units (type of units) 52 SFR units Density (gross & net) 2.16 d.u./acre gross; 5.08 d.u./acre net Open Space (acres, total [%] / buffer / qualified) 5.66 acres open space, 9.06% qualified Amenities Open space, clubhouse, pool, pathways Physical Features (waterways, hazards, flood plain, hillside) History (previous approvals) H-2018-0052, DA Inst. No. 2018-098361 Meridian City Council Meeting Agenda April 2, 2019 – Page 86 of 395 EXHIBIT A Page 2 III. APPLICANT INFORMATION A. Applicant/Owner/Representative: Fairbourne Development, LLC. 2701 E. Pine Avenue Meridian, ID 83642 IV. STAFF ANALYSIS The proposed final plat depicts 52 building lots, 12 common area lots, and one (1) common driveway lot on 24.10 acres of land in the R-8 zoning district. Development is required to comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. This is the first phase of development of the Fairbourne Subdivision preliminary plat (H-2018-0052). Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there are the same number of building lots and the same number of common lots as depicted on the preliminary plat. Because the number of building lots has decreased and the number of common lots has increased, Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. A. Access (UDC 11-3A-3, 11-3H-4): Two (2) access points are proposed from N. Black Cat road via W. Waverton Dr. and W. Highland Fall Dr.; no direct lot access is proposed or permitted via W. Chinden Blvd. B. Sidewalks (UDC 11-3A-17): A minimum five-foot wide sidewalk is required along both sides of public streets in accord with UDC 11-3A-17D and as proposed on the landscape plan. C. Landscaping (UDC 11-3B): Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum five-foot wide landscape strip is required along each side of the pathway consisting of a mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of one (1) tree is required per 100 linear feet of pathway. The proposed landscape plan is in compliance with these standards. Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one (1) deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E. Parkways are required to be landscaped per the standards listed in UDC 11-3A-17 and UDC 11- 3G-3B.5. The current landscape plan depicts the removal of five (5) existing trees; mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10C.5. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to confirm mitigation requirements prior to removal of any trees on the site. One (1) full-size and one (1) electronic version of a revised landscape including a mitigation plan shall be submitted to the Planning Division prior to signature on final plat. D. Fencing (UDC 11-3A-6, 11-3A-7): Proposed fencing within the subdivision includes six-foot solid cedar and six-foot semi-private adjacent to property lines in accord with UDC 11-3A-7b. Four-foot vinyl privacy and wrought iron fencing is proposed adjacent to common open space in accord with UDC 11-3A-7b. All Meridian City Council Meeting Agenda April 2, 2019 – Page 87 of 395 EXHIBIT A Page 3 proposed fencing shall comply with dimensional and setback requirements for the R-8 zoning district per UDC Table 11-2A-6. Fencing adjacent to all pathways and common open space shall meet the requirements of UDC 11-3A-7. E. Utilities (UDC 11-3A-21): This development is serviceable by the City of Meridian’s North Black Cat sewer trunk. Water service is to be provided by Suez Water Idaho. F. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement for Fairbourne Subdivision (see Exhibit VI.D). The rear and/or side of structures that face N. Black Cat Rd. (Lots 16 and 18-28, Block 1) shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. G. Common Driveways (UDC 11-6C-3D) One common driveway is proposed in this phase of development. Per UDC 11-6C-3D, the applicant shall submit an exhibit depicting any lots using the common driveway, the setbacks, fencing, building envelope, and orientation of the lots and structures prior to obtaining signature on the final plat. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Meridian City Council Meeting Agenda April 2, 2019 – Page 88 of 395 EXHIBIT A Page 4 VI. EXHIBITS A. Preliminary Plat (date: 5/4/2018) Meridian City Council Meeting Agenda April 2, 2019 – Page 89 of 395 EXHIBIT A Page 5 B. Final Plat (date: 1/14/2019) Meridian City Council Meeting Agenda April 2, 2019 – Page 90 of 395 EXHIBIT A Page 6 Meridian City Council Meeting Agenda April 2, 2019 – Page 91 of 395 EXHIBIT A Page 7 Meridian City Council Meeting Agenda April 2, 2019 – Page 92 of 395 EXHIBIT A Page 8 Meridian City Council Meeting Agenda April 2, 2019 – Page 93 of 395 EXHIBIT A Page 9 C. Landscape Plan (date: 11/16/2018) Meridian City Council Meeting Agenda April 2, 2019 – Page 94 of 395 EXHIBIT A Page 10 Meridian City Council Meeting Agenda April 2, 2019 – Page 95 of 395 EXHIBIT A Page 11 Meridian City Council Meeting Agenda April 2, 2019 – Page 96 of 395 EXHIBIT A Page 12 Meridian City Council Meeting Agenda April 2, 2019 – Page 97 of 395 EXHIBIT A Page 13 D. Building Elevations Meridian City Council Meeting Agenda April 2, 2019 – Page 98 of 395 EXHIBIT A Page 14 Meridian City Council Meeting Agenda April 2, 2019 – Page 99 of 395 EXHIBIT A Page 15 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0052, DA Inst. No. 2018-098361). 2. The applicant shall obtain the City Engineer’s signature on the final plat by September 4, 2020, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Civil Survey Consultants, Inc., by Glenn K. Bennett, shall be revised as follows: a. Note #12: Include a note stating ownership and maintenance responsibilities and which lots are to take access via the common driveway lot. b. Note #13: Include the approved addendum to the development agreement (Inst. 2018- 098361). c. Note #14: Include the recorded instrument number of the ACHD Landscape License Agreement. d. Note #15: Include the recorded instrument number for the restrictive covenants on file in the office of the Ada County Recorder. 5. The landscape plan prepared by Breckon Land Design, dated 11/16/18, included in Exhibit VI.C is approved with the following comments: a. The current landscape plan depicts the removal of five (5) existing trees; mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10C.5. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to confirm mitigation requirements prior to removal of any trees on the site. One (1) full-size copy and one (1) electronic copy of a revised landscape plan including the mitigation plan shall be submitted prior to signature on the final plat. 6. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 7. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 8. All fencing installed on the site shall be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. Meridian City Council Meeting Agenda April 2, 2019 – Page 100 of 395 EXHIBIT A Page 16 9. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement for Fairbourne Subdivision. 10. The rear and/or side of structures that face N. Black Cat Rd. (Lots 16 and 18-28, Block 1) shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 11. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 12. The applicant shall be required to submit a CZC and DES application prior to submitting for building permit for the clubhouse and pool amenity. 13. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. 14. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 15. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 16. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 17. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 18. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. B. Public Works Site Specific Conditions: 1. Water service to this development will be from the Suez Water Idaho’s water system. The City of Meridian has been made aware that available fire flow in this area is limited to 1500gpm, which may not be adequate given the size of the proposed lots and dwellings. The applicant shall coordinate with Meridian Building and Fire Departments to arrange compliance alternatives for any homes requiring fire flows greater than 1500gpm based on Appendix B of the 2009 International Fire Code (IFC). General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Meridian City Council Meeting Agenda April 2, 2019 – Page 101 of 395 EXHIBIT A Page 17 2. Water service to this site is to be provided by Suez Water Idaho. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation Meridian City Council Meeting Agenda April 2, 2019 – Page 102 of 395 EXHIBIT A Page 18 district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public sewer mains outside of public right of way. The easement widths shall be 20-feet wide for a single utility. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). 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. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/161959/Page1.aspx Meridian City Council Meeting Agenda April 2, 2019 – Page 103 of 395 EXHIBIT A Page 19 D. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/161835/Page1.aspx E. NAMPA MERIDIAN IRRGIATION DISTRICT (NMID) No comment on the subject application. Applicant to coordinate with Mack Myers at the Settlers Irrigation District. F. SETTLERS IRRIGATION DISTRICT Plans must be reviewed and approved by Settlers Irrigation District prior to construction. Meridian City Council Meeting Agenda April 2, 2019 – Page 104 of 395 From:Sam Johnson To:Stephanie Leonard; Meridian City Clerk Cc:Bill Parsons Subject:RE: Fairbourne Sub. No. 1 H-2019-0017 Date:Friday, March 15, 2019 11:38:45 AM Attachments:image006.png Stephanie,   We have reviewed the staff report for Fairbourne Sub No 1 and agree with the recommended conditions.   Thank you,   SAM JOHNSON Fairbourne Development LLC 2701 E. Pine Ave. Meridian, ID 83642 Cell: 208.863.5889   From: Stephanie Leonard <sleonard@meridiancity.org>  Sent: Wednesday, March 13, 2019 6:21 PM To: Sam Johnson <sjohnson@scentsy.com>; Meridian City Clerk <MeridianCityClerk@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org> Subject: [EXT] Fairbourne Sub. No. 1 H-2019-0017   Attached is the staff report for the proposed final plat for Fairbourne Subdivision No. 1 H-2019-0017. This item is scheduled to be on the City Council agenda on March 19, 2019. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Sam - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda.   Thanks, Stephanie Leonard | Associate City Planner City of Meridian | Community Development Dept. Meridian City Council Meeting Agenda April 2, 2019 – Page 105 of 395 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0574 | sleonard@meridiancity.org [meridiancity.org] Built for Business, Designed for Living [facebook.com]  [linkedin.com]  [twitter.com]  [youtube.com] [nextdoor.com] All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.   Meridian City Council Meeting Agenda April 2, 2019 – Page 106 of 395 EIDIANDAHO ,*-- CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-E Project File Name/Number: H-2019-0015 Item Title: Final Order for Fairbourne Subdivision No. 2 (H-2019- 0015) by Fairbourne Development, Located at the NW Corner of N. Black Cat Rd. and W. Chinden Blvd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.E . Presenter: Estimated Time f or P resentation: Title of I tem - F inal Order for F airbourne Subdivision No. 2 (H-2019-0015) by F airbourne D evelopment, Located at the NW C orner of N. B lack C at Rd. and W. Chinden Blvd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 3/26/2019 E xhibit A E xhibit 3/26/2019 E xhibit B E xhibit 3/26/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/26/2019 - 8:38 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 107 of 395 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE SUB. NO. 2 H-2019-0015 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 19, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 59 BUILDING LOTS AND 9 COMMON LOTS ON 13.79 ACRES IN THE R-8 ZONING DISTRICT FOR FAIRBOURNE SUBDIVISION NO. 2. BY: FAIRBOURNE DEVELOPMENT, LLC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0015 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 19, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING FAIRBOURNE SUBDIVISION NO. 2, LOCATED IN THE SE ¼ OF THE SE ¼ OF SECTION 21, TOWNSHIP 4N., RANGE 1W., BOISE MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 1/14/2019, by Glenn K. Bennett, PLS, SHEET 1 OF Meridian City Council Meeting Agenda April 2, 2019 – Page 108 of 395 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE SUB. NO. 2 H-2019-0015 Page 2 of 3 4,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 19, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Sam Johnson, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Meridian City Council Meeting Agenda April 2, 2019 – Page 109 of 395 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the J day of X1(11 , 2019. By: JGUammy rd r, f Meridian Attest: IDAND Y v Jay AL 7a C s City Cle -De,01bI(� be 2 c��rFR or the IR�P�J� Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: 111 Dated: q'�. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE SUB. NO. 2 H-2019-0015 Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0015 Fairbourne Subdivision No. 2 LOCATION: North of W. Chinden Blvd. and west of N. Black Cat Rd., in the SE ¼ of the SE ¼ of Section 21, Township 4N., Range 1W. I. PROJECT DESCRIPTION The applicant, Fairbourne Development, LLC., has applied for final plat approval of fifty-nine (59) building lots, six (6) common lots and three (3) common driveways on 13.79 acres of land in an R-8 zoning district. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda April 2, 2019 – Page 111 of 395 EXHIBIT A Page 2 II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant/Owner/Representative: Fairbourne Development, LLC. 2701 E. Pine Avenue Meridian, ID 83642 IV. STAFF ANALYSIS The proposed final plat depicts 59 building lots, six (6) common area lots, and three (3) common driveway lots on 24.10 acres of land in the R-8 zoning district. Development is required to comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. This is the second phase of development of the Fairbourne Subdivision preliminary plat (H-2018-0052). Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there are the same number of building lots and three (3) additional common lots than were depicted on the preliminary plat. Because the number of building lots has stayed the same and the number of common lots has increased, Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. A. Access (UDC 11-3A-3, 11-3H-4): One (1) access point is proposed via N. Adale Avenue; no direct lot access is proposed or permitted via W. Chinden Blvd. Per the Meridian Fire Department, a detail of an emergency access shall be required. The development will be limited to thirty (30) building lots until emergency access is provided. A note indicating proposed emergency access shall be indicated on the final plat prior to City Engineer’s signature. B. Pathways (UDC 11-3A-8): A micropath is depicted through Lot 9, Block 7 providing connection to a sidewalk along W. Waverton Dr. and to the first phase of the development. The City’s ten-foot multi-use pathway is depicted along W. Chinden Blvd. in accord with UDC 11-3H-4 and the development agreement Description Details Page Acreage 13.79 Future Land Use Designation MDR Existing Land Use Undeveloped Proposed Land Use(s) SFR Current Zoning R-8 Lots (# and type; bldg/common) 68 lots total; 59 bldg., 6 common, 3 common driveways Phasing plan (# of phases) Number of Residential Units (type of units) 59 SFR units Density (gross & net) 4.28 d.u./acre gross; 7.54 d.u./acre net Open Space (acres, total [%] / buffer / qualified) 1.42 acres open space, 10.30% qualified Amenities Open space, pathways Physical Features (waterways, hazards, flood plain, hillside) History (previous approvals) H-2018-0052, DA Inst. No. 2018-098361 Meridian City Council Meeting Agenda April 2, 2019 – Page 112 of 395 EXHIBIT A Page 3 for this development. The applicant shall submit a public access easement for a detached, multi- use pathway adjacent to W. Chinden Blvd. to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side) and may fall within the required landscape buffer. C. Parkways (UDC 11-3A-17): Parkways are required to be landscaped per the standards listed in UDC 11-3A-17 and UDC 11- 3G-3B.5. D. Landscaping (UDC 11-3B): Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one (1) deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E. Chinden Blvd., adjacent to the property, is classified as an Entryway Corridor on the Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 200-foot right-of-way (ROW) for the highway. There is approximately 55 additional feet that shall be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35-foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion. The future ROW along Chinden Blvd. shall be improved with vegetative groundcover with a 10-foot gravel shoulder permitted, per the standards in UDC 11-3H-4 and UDC 11-3B-7C. E. Utilities (UDC 11-3A-21): This development is serviceable by the City of Meridian’s North Black Cat sewer trunk. Water service is to be provided by Suez Water Idaho. F. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement for Fairbourne Subdivision (see Exhibit VI.D). The rear and/or side of structures that face W. Waverton Dr. (Lots 3-8 and Lots 43-48, Block 7) and W. Chinden Blvd. (Lots 18-33 and Lot 35, Block 7) shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop- outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. G. Alleys (UDC 11-6C-3B.5) The alley depicted between N. Willowside Avenue and N. Oakstone Avenue shall comply with dimensional and design standards in UDC 11-6C-3B. The proposed alley is designed in compliance with these standards. H. Common Driveways (UDC 11-6C-3D) Three (3) common driveways are proposed in this phase of development. Per UDC 11-6C-3D, the applicant shall submit an exhibit depicting any lots using the common driveways, the setbacks, fencing, building envelope, and orientation of the lots and structures prior to obtaining signature on the final plat. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five foot (5') wide landscaped buffer. There is no fencing proposed along the abutting property boundary of the applicable lots (Lot 16, 37, and 41, Block 7) however, if solid fencing is desired, a five-foot wide landscaped buffer shall be required. Meridian City Council Meeting Agenda April 2, 2019 – Page 113 of 395 EXHIBIT A Page 4 I. Waterways (UDC 11-3A-6): The Harrell Lateral crosses through the western boundary of the proposed final plat. At the time the final plat was approved, the Harrell Lateral easement was not depicted on the preliminary plat. The applicant is proposing to re-route the lateral along the rear boundary of Lots 37-41, Block 7 and side boundaries of Lots 35 & 43, Block 7 in a 23-foot wide easement. Per UDC 11- 3A-6, any irrigation greater than 10-feet in width must be placed in a common lot unless otherwise approved by City Council. Prior to signature on the final plat, the applicant shall revise the plat to include the Harrell Lateral in a common lot or obtain City Council approval to dedicate the easement along the rear of lots as proposed. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Meridian City Council Meeting Agenda April 2, 2019 – Page 114 of 395 EXHIBIT A Page 5 VI. EXHIBITS A. Preliminary Plat (date: 5/4/2018) Meridian City Council Meeting Agenda April 2, 2019 – Page 115 of 395 EXHIBIT A Page 6 B. Final Plat (date: 1/14/2019) Meridian City Council Meeting Agenda April 2, 2019 – Page 116 of 395 EXHIBIT A Page 7 Meridian City Council Meeting Agenda April 2, 2019 – Page 117 of 395 EXHIBIT A Page 8 C. Landscape Plan (date: 11/16/2018) Meridian City Council Meeting Agenda April 2, 2019 – Page 118 of 395 EXHIBIT A Page 9 Meridian City Council Meeting Agenda April 2, 2019 – Page 119 of 395 EXHIBIT A Page 10 Meridian City Council Meeting Agenda April 2, 2019 – Page 120 of 395 EXHIBIT A Page 11 D. Building Elevations Meridian City Council Meeting Agenda April 2, 2019 – Page 121 of 395 EXHIBIT A Page 12 Meridian City Council Meeting Agenda April 2, 2019 – Page 122 of 395 EXHIBIT A Page 13 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0052, DA Inst. No. 2018-098361). 2. The applicant shall obtain the City Engineer’s signature on the final plat by September 4, 2020, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Civil Survey Consultants, Inc., by Glenn K. Bennett, shall be revised as follows: a. Note #8: Modify to omit N. Oakstone Avenue from statement as it is not applicable. b. Note #12: Modify note to include lots allowed to access the common driveway lots, indicate ownership and maintenance responsibilities for the common driveway lots. c. Note #13: Include the approved addendum to the development agreement (Inst. 2018- 098361). d. Note #14: Include the recorded instrument number of the ACHD Landscape License Agreement. e. Note #15: Include the recorded instrument number for the restrictive covenants on file in the office of the Ada County Recorder. 5. The landscape plan prepared by Breckon Land Design, dated 11/16/18, included in Exhibit VI.C is approved with the following comments: a. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five-foot (5') wide landscaped buffer. There is no fencing proposed along the abutting property boundary of the applicable lots (Lot 16, 37, and 41, Block 7) however, if solid fencing is proposed a five-foot (5’) wide landscaped buffer shall is required. b. The future ROW along Chinden Blvd. shall be improved with vegetative groundcover with a 10-foot gravel shoulder permitted, per the standards in UDC 11-3H-4 and UDC 11-3B-7C. c. One (1) full-size copy and one (1) electronic copy of a revised landscape plan including the mitigation plan shall be submitted prior to signature on the final plat. 6. All fencing installed on the site shall be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 7. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement for Fairbourne Subdivision. 8. The rear and/or side of structures that face W. Waverton Dr. (Lots 3-8 and Lots 43-48, Block 7) and W. Chinden Blvd. (Lots 18-33 and Lot 35, Block 7) shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step- backs, pop-outs), bays, banding, porches, balconies, material types or other integrated Meridian City Council Meeting Agenda April 2, 2019 – Page 123 of 395 EXHIBIT A Page 14 architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. 11. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 12. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 13. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 14. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 15. All existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. 16. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 17. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 18. Prior to signature on the final plat, the applicant shall revise the plat to include the Harrell Lateral in a common lot or obtain City Council approval to dedicate the easement along the rear of lots as proposed. 19. Prior to signature on final plat, the applicant shall submit a public access easement for a detached, multi-use pathway adjacent to W. Chinden Blvd. to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side) and may fall within the required landscape buffer. 20. Per the Meridian Fire Department, a detail of an emergency access shall be required. The development will be limited to thirty (30) building lots until emergency access is provided. A note indicating proposed emergency access shall be indicated on the final plat prior to City Engineer’s signature. B. Public Works Site Specific Conditions: 1. Water service to this development will be from the Suez North America’s water system. The City of Meridian has been made aware that available fire flow in this area is limited to Meridian City Council Meeting Agenda April 2, 2019 – Page 124 of 395 EXHIBIT A Page 15 1500gpm, which may not be adequate given the size of the proposed lots and dwellings. The applicant shall coordinate with Meridian Building and Fire Departments to arrange compliance alternatives for any homes requiring fire flows greater than 1500gpm based on Appendix B of the 2009 International Fire Code (IFC). General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is to be provided by Suez Water Idaho. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Meridian City Council Meeting Agenda April 2, 2019 – Page 125 of 395 EXHIBIT A Page 16 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public sewer mains outside of public right of way. The easement widths shall be 20-feet wide for a single utility. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. Meridian City Council Meeting Agenda April 2, 2019 – Page 126 of 395 EXHIBIT A Page 17 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). 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. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda April 2, 2019 – Page 127 of 395 From:Sam Johnson To:Stephanie Leonard; Meridian City Clerk Cc:Bill Parsons Subject:RE: Fairbourne Sub. No. 2 H-2019-0015 Date:Friday, March 15, 2019 11:38:51 AM Attachments:image006.png Stephanie,   We have reviewed the staff report for Fairbourne Sub No 2 and agree with the recommended conditions.   Thank you,   SAM JOHNSON Fairbourne Development LLC 2701 E. Pine Ave. Meridian, ID 83642 Cell: 208.863.5889   From: Stephanie Leonard <sleonard@meridiancity.org>  Sent: Thursday, March 14, 2019 1:05 PM To: Sam Johnson <sjohnson@scentsy.com>; Meridian City Clerk <MeridianCityClerk@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org> Subject: [EXT] Fairbourne Sub. No. 2 H-2019-0015   Attached is the staff report for the proposed final plat for Fairbourne Subdivision No. 2 H-2019-0015. This item is scheduled to be on the City Council agenda on March 19, 2019. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Sam - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda.   Thanks, Stephanie Leonard | Associate City Planner City of Meridian | Community Development Dept. Meridian City Council Meeting Agenda April 2, 2019 – Page 128 of 395 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0574 | sleonard@meridiancity.org [meridiancity.org] Built for Business, Designed for Living [facebook.com]  [linkedin.com]  [twitter.com]  [youtube.com] [nextdoor.com] All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.   Meridian City Council Meeting Agenda April 2, 2019 – Page 129 of 395 E IDIANI DA ! -- HO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-F Project File Name/Number: H-2019-0014 Item Title: Final Order for Oaks North No. 1 (H-2019-0014) by Toll Southwest, LLC, Located on the North side of W. McMillan Rd., Midway between N. McDermott Rd. and N. Black Cat Rd. Meeting Notes: il I TEM SHEET C ouncil Agenda I tem - 6.F. Presenter: Estimated Time f or P resentation: Title of I tem - F inal Order for O aks North No. 1 (H-2019-0014) by Toll S outhwest, L L C , L ocated on the North side of W. M cM illan Rd., M idway between N. M cDermott Rd. and N. B lack C at Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 3/21/2019 E xhibit A E xhibit 3/21/2019 E xhibit B E xhibit 3/21/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/21/2019 - 4:32 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 130 of 395 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE OAKS NORTH NO. 1 – FP H-2019-0014 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 19, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 129 BUILDING LOTS AND 17 COMMON LOTS ON 47.74 ACRES IN THE R-4 AND R-8 ZONING DISTRICTS FOR OAKS NORTH SUBDIVISION NO. 1. BY: TOLL SOUTHWEST, LLC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0014 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 19, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING THE OAKS NORTH SUBDIVISION NO. 1, LOCATED IN THE SW ¼ AND THE W ½ OF THE SE ¼ OF SECTION 28, TOWNSHIP 4N., RANGE 1W., MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 1/22/2019, by CLINTON W. HANSEN, PLS, SHEET Meridian City Council Meeting Agenda April 2, 2019 – Page 131 of 395 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE OAKS NORTH NO. 1 – FP H-2019-0014 Page 2 of 3 1 OF 4,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 19, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Becky McKay, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Meridian City Council Meeting Agenda April 2, 2019 – Page 132 of 395 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the Pny A )2019. Attest: ay C s City Clerk 6 Gnri��hr ri 5 Cl� Germs 2 nd By: Tammy d e d E AVayor, Otaf Meridian z LCily or, �►'[ E IDIAjNj IDAHO m SEAL i day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THE OAKS NORTH NO. 1 — FP H-2019-0014 Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0014 Oaks North No. 1 LOCATION: North side of W. McMillan Rd., midway between N. McDermott Rd. and N. Black Cat Rd, in the SE ¼ of Section 28, Township 4N., Range 1W. I. PROJECT DESCRIPTION The applicant, Toll Southwest, LLC., has applied for final plat approval of 129 building lots and 17 common lots on 47.74 acres of land in the R-4 and R-8 zoning districts. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda April 2, 2019 – Page 134 of 395 EXHIBIT A Page 2 II. SUMMARY OF REPORT A. Project Summary B. Project Area Maps Description Details Page Acreage 47.74 Future Land Use Designation MDR Existing Land Use Undeveloped Proposed Land Use(s) Single-family residential Current Zoning R-4, R-8 Lots (# and type; bldg/common) 146 (129 bldg./17 common) Phasing plan (# of phases) Number of Residential Units (type of units) 129 single-family residential Density (gross & net) 2.70 gross, 5.32 net Open Space (acres, total [%] / buffer / qualified) 12.37 acres, 4.9%/ 0.68 acres arterial buffers, 4.18 acres collector buffers and open areas; 5.71 acre park Amenities Park, pool, pond, micropaths History (previous approvals) AZ-13-008, RZ-13-015 (DA Inst. No. 114030972); PP-13- 014 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 2, 2019 – Page 135 of 395 EXHIBIT A Page 3 III. APPLICANT INFORMATION A. Applicant/Owner: Toll Southwest, LLC. 3101 W. Sheryl Drive, Suite 100 Meridian, ID 83642 B. Representative: Becky McKay, Engineering Solutions, LLP. 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 IV. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. There is one (1) fewer building lot and fourteen (14) more common lots shown on the proposed final plat than were depicted on the preliminary plat. Because the number of building lots has decreased and the amount of common space has increased, staff finds the proposed plat is in substantial conformance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. NOTE: The applicant is processing a development agreement modification to change the overall concept plan for the Oaks development. This application was continued until the April 16, 2019 City Council hearing to determine the feasibility of the requested changes. As part of that modification staff has requested an updated open space exhibit and a comprehensive list of the proposed amenities for the entire development. Although the MDA has not been finalized, the applicant has provided staff with an exhibit that details the proposed amenities for the central park as proposed with the DA modification. Because staff is supportive of the open space and the amenity package, staff has included it as an exhibit, however, the current recorded DA only requires the construction of a pool and changing rooms. Approval of the new amenity package is predicated on the approval of the DA modification by City Council. Meridian City Council Meeting Agenda April 2, 2019 – Page 136 of 395 EXHIBIT A Page 4 Seven (7) of the proposed building lots and one (1) of the common lots, (Lots 14-19, Block 7; Lots 1 and 5, Block 4) are split-zoned R-4 and R-8 (Exhibit VI.E). Staff recommends the applicant obtain approval of a rezone application or revise the boundaries of affected lots prior to signature on the final plat for this phase of development to clean-up the zoning. Open space planned for this phase consists of seventeen (17) common lots which includes a central 5.71 acre park, pool, pond, pocket parks and micropath system. This phase contains 12.37 acres, or 25.9%, qualified open space and complies with the overall open space and site amenities approved with the Oaks North development. A. Dimensional Standards (UDC 11-2): The minimum lot size required per dwelling unit is 8,000 square feet in the R-4 zoning district and 4,000 square feet in the R-8 zoning district. The minimum proposed property size for this phase is 6,600 square feet, with an average lot size of 8,312 square feet. Proposed lots are in compliance with the dimensional standards for the R-4 and R-8 zoning districts. B. Access (UDC 11-3A-3, 11-3H-4): Two (2) access points are proposed to W. McMillan Rd. via N. Trident Way and N. Rustic Oak Way. Stub streets are proposed to connect to future phases of the Oaks North via W. Rico Dr. C. Landscaping (UDC 11-3B): Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum five-foot wide landscape strip is required along each side of the pathway consisting of a mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of one (1) tree is required per 100 linear feet of pathway. The proposed landscape plan is in compliance with these standards. Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one (1) deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E. Parkways are required to be landscaped per the standards listed in UDC 11-3A-17 and UDC 11- 3G-3B.5. Sheet L1.2 indicates “DM” trees to be located adjacent to the eight-foot parkway; this abbreviation is not referenced within the plant schedule key. The landscape plan shall be modified to include the full name of the proposed tree. The proposed tree type shall be in compliance with the standards in UDC 11-3A-17E. D. Fencing (UDC 11-3A-6, 11-3A-7): Proposed fencing within the subdivision includes six-foot vinyl adjacent to property lines in accord with UDC 11-3A-7b. Four-foot vinyl privacy fencing is proposed adjacent to common open space and is in accord with UDC 11-3A-7b. Details have been submitted with the landscape plan and are included in Exhibit VI.C. E. Parking (UDC 11-3C): The parking lot servicing the pool and clubhouse area currently shows 14 sequential parking spaces. The parking lot shall be revised to comply with the landscape standards in UDC 11-3B-8 prior to application submittal for CZC and DES. F. Certificate of Zoning Compliance and Design Review A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of a building permit application. The proposed plans submitted with these applications shall comply with UDC standards and the design standards in the Architectural Standards Manual for commercial districts. Meridian City Council Meeting Agenda April 2, 2019 – Page 137 of 395 EXHIBIT A Page 5 V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Meridian City Council Meeting Agenda April 2, 2019 – Page 138 of 395 EXHIBIT A Page 6 VI. EXHIBITS A. Preliminary Plat (date: 8/6/2013) Meridian City Council Meeting Agenda April 2, 2019 – Page 139 of 395 EXHIBIT A Page 7 B. Final Plat (date: 1/22/2019) Meridian City Council Meeting Agenda April 2, 2019 – Page 140 of 395 EXHIBIT A Page 8 Meridian City Council Meeting Agenda April 2, 2019 – Page 141 of 395 EXHIBIT A Page 9 C. Landscape Plan (date: 1/27/2019) Meridian City Council Meeting Agenda April 2, 2019 – Page 142 of 395 EXHIBIT A Page 10 Meridian City Council Meeting Agenda April 2, 2019 – Page 143 of 395 EXHIBIT A Page 11 Meridian City Council Meeting Agenda April 2, 2019 – Page 144 of 395 EXHIBIT A Page 12 Meridian City Council Meeting Agenda April 2, 2019 – Page 145 of 395 EXHIBIT A Page 13 Meridian City Council Meeting Agenda April 2, 2019 – Page 146 of 395 EXHIBIT A Page 14 Meridian City Council Meeting Agenda April 2, 2019 – Page 147 of 395 EXHIBIT A Page 15 D. Conceptual Central Site Amenity – FOR REFERENCE ONLY, DESIGN NOT FINAL Meridian City Council Meeting Agenda April 2, 2019 – Page 148 of 395 EXHIBIT A Page 16 E. R-4 and R-8 Split-zoned Parcels Meridian City Council Meeting Agenda April 2, 2019 – Page 149 of 395 EXHIBIT A Page 17 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (AZ-13-008, RZ-13-015, DA Inst. No. 114030972; PP-13-014). 2. The applicant shall obtain the City Engineer’s signature on the final plat by December 7, 2019, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The applicant shall submit a rezone application or revise the boundaries of affected lots prior to signature on the final plat for this phase of development to clean-up the lots that have split-zoning (zoning should go to the centerline of the street on local streets). 5. The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed clubhouse and pool to verify compliance of the final site layout and building designs prior to submittal of a building permit application. 6. The final plat prepared by Land Solutions, signed by Clinton W. Hansen, shall be revised as follows: a. Include the recorded instrument number of the restrictive covenants for the subdivision. b. Note #10: Include the recorded instrument number of the existing development agreement (#114030972). If the DA modification associated with file #H-2018-0117 is approved and recorded prior to the City Engineer’s signature on the final plat, the applicant shall include the recorded instrument number of the amended DA. c. Note #11: Include the lots servient to and containing the Ada County Highway District’s storm water drainage system. d. Note #12: Include the recorded instrument number for the ACHD license agreement. e. Include instrument number for the recorded utility easements. f. Add all street names to Sheet 2 of 4 of the final plat (W. Webster Drive, W. Octavia Drive, W. Rico Drive, and W. Fawnridge Way are missing). 7. The landscape plan prepared by Jensen Belts Associates, dated 1/27/19, included in Exhibit VI.C shall be revised as follows: a. Include the full name of proposed tree type denoted with “DM” abbreviation in the plant schedule key. 8. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the recorded development agreement for the Oaks Subdivision. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location Meridian City Council Meeting Agenda April 2, 2019 – Page 150 of 395 EXHIBIT A Page 18 of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 11. Prior to signature on final plat, the applicant shall submit a public access easement for a detached, multi-use pathway to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side) and may fall within the required landscape buffer. 12. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Water main heading east on Octavia Dr. from Rustic Oak Way should be 12-inch diameter. 2. The street light plan submitted with the construction plans appears to meet requirements based on a preliminary review. Lights will be installed on McMillan Road as part of the McMillan Road improvements. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate p rovided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a Meridian City Council Meeting Agenda April 2, 2019 – Page 151 of 395 EXHIBIT A Page 19 duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked Meridian City Council Meeting Agenda April 2, 2019 – Page 152 of 395 EXHIBIT A Page 20 EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). 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 development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda April 2, 2019 – Page 153 of 395 From:Becky McKay To:Stephanie Leonard Subject:RE: Oaks North No. 1 FP Staff report H-2019-0014 - Revision Date:Friday, March 15, 2019 10:42:25 AM Attachments:image006.png Stephanie:   We reviewed the staff report and conditions. We are in agreement with all provisions.   Thanks for working with us on the conditions.     Becky McKay, Partner ENGINEERING SOLUTIONS, LLP 1029 N. Rosario Street, Ste. 100 Meridian, Idaho    83642 Phone: (208) 938-0980       From: Stephanie Leonard <sleonard@meridiancity.org>  Sent: Thursday, March 14, 2019 4:37 PM To: Becky McKay <Beckym@engsol.org>; Meridian City Clerk <MeridianCityClerk@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org> Subject: Oaks North No. 1 FP Staff report H-2019-0014 - Revision   Hi all, Please find a revision to the Final Plat staff report for The Oaks North No. 1 attached here. I removed condition 6 and modified (now) condition 6.b. Becky - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me as soon as possible. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. Thanks, Stephanie Leonard | Associate City Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0574 | sleonard@meridiancity.org Meridian City Council Meeting Agenda April 2, 2019 – Page 154 of 395 Built for Business, Designed for Living      All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.   Meridian City Council Meeting Agenda April 2, 2019 – Page 155 of 395 �jQ/rEIDIZIAN ,+-- DAHO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-G Project File Name/Number: H-2018-0 13o Item Title: Findings of Fact, Conclusions of Law for Razzberry Villas (H-2018- 0130) by Ed Bowman, Located at 1434 and 1492 Star Dr. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.G. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Razzberry Villas (H-2018-0130) by Ed B owman, L ocated at 1434 and 1492 Star D r. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 3/26/2019 E xhibit A E xhibit 3/26/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/26/2019 - 12:28 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 156 of 395 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0130 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 1.86 Acres of Land from the R-8 to the L-O Zoning District; and Preliminary Plat Consisting of 16 Building Lots and 4 Common Lots on 1.43 Acres of Land in the R-15 Zoning District for Razzberry Point Villas Subdivision, by Ed Bowman. Case No(s). H-2018-0130 For the City Council Hearing Date of: March 19, 2019 (Findings on April 2, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 19, 2019, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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. Meridian City Council Meeting Agenda April 2, 2019 – Page 157 of 395 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0130 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 19, 2019, incorporated by reference. The conditions are concluded to be 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 rezone is hereby approved with the requirement of a Development Agreement; and preliminary plat is hereby approved per the provisions in the Staff Report for the hearing date of March 19, 2019, 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 11-6B-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 11-6B-7B). 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 11- 6B-7C). 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 Meridian City Council Meeting Agenda April 2, 2019 – Page 158 of 395 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0130 - 3 - 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. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 19, 2019 Meridian City Council Meeting Agenda April 2, 2019 – Page 159 of 395 By action of the City Council at its regular meeting held on the 2019. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MIL,AM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Ta de Weerd 2 r)d day of l op AUG(jsT Attest: �Q° 's 2 city of �E IDIAN�- IDAHO ay Co s iri 5 70r15 V10n s SEAL 'D City Cie epLa� CAJ GQ,rI:L. < VOTED VOTED VOTED _ VOTED VOTED p,.,e VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: &CA t I VU Dated: L4-g-pz City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0130 - 4 - EXHIBIT A Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0130 Razzberry Villas LOCATION: 1434 and 1492 Star Drive (NE ¼ of Section 31, T.4N., R.1E.) I. PROJECT DESCRIPTION Rezone of 1.86 acres of land from the R-8 and L-O zoning district to the R-15 zoning district; and Preliminary plat consisting of 16 building lots and 4 common lots on 1.43 acres of land in a proposed R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 1.43 Future Land Use Designation MDR (Medium Density Residential) & MU-N (Mixed Use – Neighborhood) with a N.C. (Neighborhood Center) overlay Existing Land Use Vacant/undeveloped land Proposed Land Use(s) SFR (single-family residential) Current Zoning R-8 (Medium-Density Residential) and L-O (Limited Office) Proposed Zoning R-15 (Medium High-Density Residential) Lots (# and type; bldg/common) 16 building lots/4 common lots Phasing plan (# of phases) 1 Number of Residential Units (type of units) 16 (8 detached/8 attached) Density (gross & net) 11.2 gross/13.7 net Open Space (acres, total [%] / buffer / qualified) NA (site is under 5 acres in size – qualified open space is not required) Amenities NA (site is under 5 acres in size – qualified site amenities are not required) Meridian City Council Meeting Agenda April 2, 2019 – Page 161 of 395 Page 2 B. Project Area Maps Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: 11/1/18; 6 attendees History (previous approvals) AZ-03-034 (no DA); CUP-03-062 (Planned Development for a mix of residential and office uses in R-8 & L-O zones); PP- 03-039; FP-04-055 (Razzberry Crossing) Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 2, 2019 – Page 162 of 395 Page 3 III. APPLICANT INFORMATION A. Applicant: Ed Bowman – 802 N. Knox Ave., Star, ID 83669 B. Owners: Douglas Victor – 4701 W. Braveheart St., Eagle, ID 83616 Jason Ames – 1878 E. Townline Way, Meridian, ID 83642 Randy Donald – 513 Regents Gate Dr., Henderson, NV 89014 C. Representative: Corinne Graham, Civil Site Works – 921 S. Orchard St., Ste. 200, Boise, ID 83705 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Legal notice published in newspaper 1/18/2019 3/1/2019 Radius notification mailed to properties within 300 feet 1/15/2019 2/26/2019 Nextdoor posting 1/15/2019 2/26/2019 Public hearing notice sign posted on property 1/25/2019 3/6/2019 V. STAFF ANALYSIS A. Comprehensive Plan (Comprehensive Plan)) This site is partially designated Medium Density Residential (MDR) (0.78+/- of an acre) and partially designated Mixed Use – Neighborhood (MU-N) (0.65+/- of an acre) with a Neighborhood Center (N.C.) overlay on the MU-N portion on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for (approximately 1 mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Residential uses should comprise a minimum of 40% of the development area at densities ranging from 6 to 12 units per acre. Where there is a N.C. overlay designation in MU-N areas the City seeks to create a centralized, pedestrian-oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale development. Meridian City Council Meeting Agenda April 2, 2019 – Page 163 of 395 Page 4 The proposed development demonstrates compliance with the following policies of the Plan: (Staff’s comments in italics)  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) A mix of single-family attached and detached units are proposed for a diversity of housing types; Staff is unaware if they will be owner occupied or rental units.  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium high density development with a mix of attached and detached units will contribute to the variety of residential categories available in the City.  “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development is within a couple of miles of employment and shopping located along Eagle Rd. and Fairview Ave.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) Urban services can be provided to the proposed development upon development.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed single-family residential development should be compatible with existing single-family residential uses abutting the site. B. Rezone: The site is proposed to be rezoned from the R-8 and L-O zoning districts to the R-15 district consistent with the MDR and MU-N with a N.C. overlay FLUM designations. The proposed density of 11.2 units per acre is above that desired within the MDR designation and at the high end of that desired in the MU-N designation. Because the subject parcels have a split FLUM designation and FLUM designations are not necessarily parcel specific, Staff deems the MU-N designation is appropriate to “float” to the MDR designated parcels with a zoning of R-15. Further, Staff is of the opinion the proposed single-family residences at a higher density will provide a transition to the existing non-residential uses to the south and east that consist of a daycare and office uses. A legal description for the area proposed to be rezoned is included in Section VII.A. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of rezone with the provisions included in Section VIII. C. Preliminary Plat: The proposed preliminary plat is a re-subdivision of Lots 1-3, Block 6, Razzberry Crossing Subdivision. There is an existing 20-foot wide sewer easement (Instrument #105139574) depicted on the Razzberry Crossing Subdivision plat across Lot 1, Block 6 that is required to be relinquished prior to City Engineer signature on the final plat for the proposed subdivision. Meridian City Council Meeting Agenda April 2, 2019 – Page 164 of 395 Page 5 The proposed plat consists of 16 building lots and 4 common lots on 1.43 acres of land in the proposed R-15 district (see Section VII.B). Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is required. Staff has reviewed the proposed plat and determined it is in compliance with those standards. D. Existing Structures/Site Improvements: There are no existing structures or site improvements on this site except for sidewalks along the project’s frontage along N. Bright Angel Ave. and E. Star Dr. E. Proposed Zoning/Use Analysis: The proposed R-15 zoning district for the site is consistent with the existing MDR and MU-N with a N.C. overlay FLUM designation. Single-family detached and attached dwellings are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. F. Dimensional Standards (UDC Table 11-2A-7): Development is required to comply with the dimensional standards listed below for the R-15 district. Staff has reviewed the proposed plat and found all of the proposed lots comply with the minimum property size requirement. Future structures should comply with the minimum setback standards. Meridian City Council Meeting Agenda April 2, 2019 – Page 165 of 395 Page 6 G. Access (UDC 11-3A-3): Access is proposed via E. Star Dr. and N. Bright Angel Ave., both local streets, and via common driveways from these streets in accord with UDC standards. H. Common Driveways (UDC 11-6C-3) All common driveways are required to comply with the standards listed in UDC 11-6C-3D. The proposed driveways comply with the minimum dimensional standards and serve the maximum number of units allowed. The driveways are required to be paved with a surface capable of supporting fire vehicles and equipment; and be straight or provide a 28’ inside and 48’ outside turning radius. Solid fencing adjacent to the common driveways is prohibited unless separated from the common driveway by a minimum 5-foot wide landscaped buffer. The preliminary plat depicts building envelopes for the proposed structures; however, the conceptual building elevations do not coincide with the building envelopes and setbacks shown. An exhibit should be submitted with the final plat application that depicts setbacks, fencing, building envelope, and orientation of the lots and structures that coincide with the concept building elevations approved with this application if different from that shown on the preliminary plat. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted with the final plat application or with the plat submitted for City Engineer signature. I. Parking (UDC Table 11-3C-6): Off-street vehicle parking is required to be provided for 2- and 3-bedroom multi-family dwellings as follows: 2 spaces per dwelling unit; at least 1 in a covered carport or garage. Two-car garages are proposed along with 20’ x 20’ parking pads for each unit in accord with this standard. J. Pathways (UDC 11-3A-8, 11-3B-12C): No pathways are depicted on the Pathways Master Plan for this site and no pathways are proposed or required by the UDC on this site. K. Sidewalks (UDC 11-3A-17): A detached sidewalk exists along E. Star Dr. and an attached sidewalk exists along N. Bright Angel Ave. in accord with UDC standards. L. Landscaping (UDC 11-3B): Common area landscaping is required in accord with the standards listed in UDC 11-3G-3E.2. Landscaping is proposed in accord with UDC standards. There are several existing trees on this site some of which are proposed to be removed consisting of a total of 76 caliper inches that require mitigation in accord with the standards listed in UDC 11-3B-10C.5. A total of 77.5 caliper inches of trees are proposed for replacement in accord with UDC standards. M. Qualified Open Space & Site Amenities (UDC 11-3G-3): Because this site is below 5 acres in size, open space and site amenities are not required per UDC 11-3G-3A. However, the Applicant is working with the Razzberry Crossing Homeowner’s Meridian City Council Meeting Agenda April 2, 2019 – Page 166 of 395 Page 7 Association to potentially include this development in the existing HOA. This would provide residents with access to existing common areas and site amenities and provide the HOA with additional dues that could be used to maintain those areas. N. Waterways (UDC 11-3A-6): There are no waterways that cross this site. O. Fencing (UDC 11-3A-6, 11-3A-7): All new fencing is required to comply with the standards listed in UDC 11-3A-7. P. Utilities (UDC 11-3A-21): All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. City water and sewer services are stubbed to this site. Q. Pressure Irrigation (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15. R. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. S. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the attached structures but they are not consistent with the building footprints depicted on the preliminary plat. Therefore, Staff has requested the Applicant submit revised elevations for both the attached and detached units that are consistent with the footprints shown on the plat prior to the Commission hearing. The Applicant submitted revised elevations as required. All attached structures are required to comply with the design standards listed in the Architectural Standards Manual and with the guidelines in the TMISAP. T. Certificate of Zoning Compliance (CZC)/Design Review (DR): An application for a CZC and DR is required to be submitted for all single-family attached structures to ensure consistency with UDC standards, design standards listed in the Architectural Standards Manual, and provisions in this report prior to submittal of building permit applications for the development. Single-family detached structures are exempt from this requirement. VI. DECISION A. Staff: Staff finds the proposed development meets the minimum development standards of the UDC; therefore, Staff recommends approval of the proposed Rezone and Preliminary Plat. B. The Meridian Planning & Zoning Commission heard these items on February 7, 2019. At the public hearing, the Commission moved to recommend approval of the subject Rezone and Preliminary Plat requests. a. Summary of Commission Public Hearing: i. In favor: Corinne Graham, Applicant’s Representative Meridian City Council Meeting Agenda April 2, 2019 – Page 167 of 395 Page 8 ii. In opposition: None iii. Commenting: Derrick Eisenbeis, Razzberry Crossing Subdivision HOA President; iv. Written testimony: Marilyn Cox; Stanley Stinson Sr. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. The proposed rezone would benefit the community by providing more of a selection of housing opportunities and economically competitive choices; ii. Concerns pertaining to traffic, parking, safe and sufficient common area, property and home values; iii. The Razzberry Crossing Subdivision HOA voted unanimously to allow this development to join their HOA. iv. Against the proposed zone change and use due to all the extra cars, children and animals in a small confined space on a busy street; v. Opinion that the proposed homes don’t blend with those in Alexandria Subdivision across the street. c. Key Issues of Discussion by Commission: i. The possibility for the proposed development to be included in the existing Razzberry Crossing Subdivision HOA; ii. If the amount of existing common area in Razzberry Crossing is sufficient to cover both developments and if this development should provide a site amenity for the common area if it’s included in the HOA; iii. Concern pertaining to the provision of adequate on-street parking for guests; iv. The proposed attached units provide diversity in this neighborhood; v. In favor of proposed lot layout and design. d. Commission Change(s) to Staff Recommendation: i. Request for the Applicant to present conceptual amenities for the development at the Council meeting for inclusion in the Razzberry Crossing Subdivision common area(s). e. Outstanding Issue(s) for City Council: i. The Applicant should present conceptual site amenities at the Council hearing for inclusion in the Razzberry Crossing Subdivision common area(s) with consent from the HOA. ii. If the Council wants this development to be included in the Razzberry Crossing Subdivision HOA, a condition should be added. C. The Meridian City Council heard these items on March 19, 2019. At the public hearing, the Council approved the subject RZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Corrine Graham, Applicant’s Representative ii. In opposition: None iii. Commenting: Siegfried Sendig; Alice Hankla; Derrick Eisenbeis iv. Written testimony: None v. Staff presenting application: Bill Parsons, Planning vi. Other staff commenting on application: Joe Bongiorno, Fire Dept. b. Key issue(s) of Public Testimony: i. Concern pertaining to the generation of additional traffic, on-street parking and resulting congestion on Star Rd. from this development; Meridian City Council Meeting Agenda April 2, 2019 – Page 168 of 395 Page 9 ii. Significantly smaller lot sizes in the proposed development compared to those in the adjacent Razzberry Crossing Subdivision; iii. Safety concerns for children because of more traffic in this area. iv. In favor of homes being developed on this parcel. c. Key Issues of Discussion by Council: i. The provision of site amenities by this Developer in existing common area(s) in Razzberry Crossing and inclusion of this development in their HOA. i. Key Council Changes to Staff/Commission Recommendation i. Add a new condition requiring the Applicant to work with the Razzberry Crossing Subdivision HOA to incorporate the subject property into their HOA and provide an amenity in the central open space in Razzberry Crossing (see Section VIII.A.1.1b). Meridian City Council Meeting Agenda April 2, 2019 – Page 169 of 395 Page 10 VII. EXHIBITS A. Rezone Legal Description and Exhibit Map Meridian City Council Meeting Agenda April 2, 2019 – Page 170 of 395 Page 11 Meridian City Council Meeting Agenda April 2, 2019 – Page 171 of 395 Page 12 B. Preliminary Plat (dated: 1/7/19) Meridian City Council Meeting Agenda April 2, 2019 – Page 172 of 395 Page 13 C. Landscape Plan (date: 11/27/2018) Meridian City Council Meeting Agenda April 2, 2019 – Page 173 of 395 Page 14 Meridian City Council Meeting Agenda April 2, 2019 – Page 174 of 395 Page 15 D. Conceptual Building Elevations (date: 6/12/2018) REVISED Meridian City Council Meeting Agenda April 2, 2019 – Page 175 of 395 Page 16 Meridian City Council Meeting Agenda April 2, 2019 – Page 176 of 395 Page 17 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Rezone 1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to approval of the rezone ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the rezone for Council approval and subsequent recordation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, and conceptual building elevations included in Section VII, and the provisions contained herein. b. The Applicant shall work with the Razzberry Crossing Subdivision Homeowner’s Association to incorporate the subject development into the Razzberry Crossing HOA and provide an amenity in the central open space in Razzberry Crossing. Note: A final plat application will not be accepted until the DA is executed. 2. Preliminary Plat 2.1 The existing 20-foot wide sewer easement (Instrument #105139574) depicted on the Razzberry Crossing Subdivision plat across Lot 1, Block 6 shall be relinquished prior to City Engineer signature on the final plat. 2.2 The final plat submitted for this subdivision shall include the following revisions from that shown on the preliminary plat included in Section VII.B as follows: a. Remove existing lot lines from the Razzberry Crossing Subdivision plat. 2.3 The landscape plan submitted with the final plat application shall include the following revision (if applicable): a. If solid fencing is proposed adjacent to the common driveway it shall be separated from the common driveway by a minimum 5-foot wide landscaped buffer; otherwise, it’s prohibited. 2.4 An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures that are consistent with the conceptual building elevations approved with this application in accord with UDC 11-6C-3D if different from that shown on the approved preliminary plat. 2.5 A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of the recorded easement shall be submitted with the final plat application or with the plat submitted for City Engineer signature. 2.6 An application for Administrative Design Review shall be submitted and approved prior to submittal of building permit applications for any single-family attached units. Single-family detached units are exempt from this requirement. Meridian City Council Meeting Agenda April 2, 2019 – Page 177 of 395 Page 18 2.7 Approval of the preliminary 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, submit and obtain approval of a time extension as set forth in UDC 11-6B-7. 2.8 The conceptual building elevations submitted with this application for the attached structures are not approved as they aren’t consistent with the building footprints depicted on the preliminary plat. Therefore, revised elevations for both the attached and detached units that are consistent with the footprints shown on the plat shall be submitted prior to the Commission hearing. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 1.2 Applicant needs to extend sewer main north in the eastern common drive to serve lots 9,10, 11 and 14. Abandon sewer service at MH L14-348 in E Star Drive. Also, abandon sewer main between MH L14-350 and MH L14-363 due to proposed houses on top of the existing sewer line. This abandonment will cause sewer flow issues in the existing sewer main in N Bright Angel Ave. Sewer main slope in Bright Angel will need to be flipped between MH L14-350 to the new proposed manhole (SSMH B-4) to correct this flow issue. Other option is to not build on top of existing main line MH L14-350 to MH L14-363. 1.3 No plans submitted that show proposed water main, hydrants, or location of services. Developer shall work out the configuration of water services with Land Development Analyst in Community Development. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or Meridian City Council Meeting Agenda April 2, 2019 – Page 178 of 395 Page 19 well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. Meridian City Council Meeting Agenda April 2, 2019 – Page 179 of 395 Page 20 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/160090/Page1.aspx D. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/160516/Page1.aspx E. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/160638/Page1.aspx F. DEPARTMENT OF ENVIRONMENT QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/160281/Page1.aspx Meridian City Council Meeting Agenda April 2, 2019 – Page 180 of 395 Page 21 IX. FINDINGS A. Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed map amendment to R-15 and development plan is consistent with the MDR and MU-C with a N.C. overlay FLUM designations and goals of the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement for the residential districts in UDC 11-2A-1. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best interest of city. This finding this is not applicable because the request is for a rezone, not annexation. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan analysis in Section V of the Staff Report for more information. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Section VIII of the Staff Report for more details from public service providers.) Meridian City Council Meeting Agenda April 2, 2019 – Page 181 of 395 Page 22 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based on comments from the public service providers (i.e., Police, Fire, ACHD, etc.). (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting Agenda April 2, 2019 – Page 182 of 395 EIDIANDAHO �- CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-H Project File Name/Number: H-2019-0001 Item Title: Findings of Fact, Conclusions of Law for Summerwood (H-2019- 0001) by Matt Munger, Located at the North side of W. McMillan Rd. between N. Black Cat Rd. and N. Ten Mile Rd. And the SW Corner of W. McMillan Rd. and N. Ten Mile Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.H. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for S ummerwood (H-2019-0001) by M att M unger, L ocated at the North side of W. M cM illan Rd. between N. Black Cat Rd. and N. Ten M ile Rd. And the S W Corner of W. M cM illan Rd. and N. Ten M ile Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 3/27/2019 E xhibit A E xhibit 3/27/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/27/2019 - 9:32 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 183 of 395 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0001 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification for the Purpose of Combining/Terminating Four (4) Recorded Developments Agreements [DA Instrument #’s 106034786 (Volterra), 108087854 (Prato Villas), 111010393 (Volterra North and South) and 110051282 (Volterra Mixed-use)] to Create a New Master Agreement that Governs the Entire Vicenza/Volterra and Summerwood Developments, by Matt Munger. Case No(s). H-2019-0001 For the City Council Hearing Date of: March 19, 2019 (Findings on April 2, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 19, 2019, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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 Meridian City Council Meeting Agenda April 2, 2019 – Page 184 of 395 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0001 - 2 - 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 March 19, 2019, incorporated by reference. The conditions are concluded to be 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 modification to the Development Agreements for the purpose of entering into a new one is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 19, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits 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. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 19, 2019 Meridian City Council Meeting Agenda April 2, 2019 – Page 185 of 395 By action of the City Council at its regular meeting held on the 2019. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM 2r-vl day of r�pri VOTED VOTED VOTED PwO VOTED VOTED VOTED MAYOR TAMMY de WEERD VOTED —� (TIE BREAKER) Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:Dated: 4'�.'� City lerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0001 -3- MAYOR 3 - EXHIBIT A Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0001 Summerwood Subdivision LOCATION: North side of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road in the S ½ of Section 27, T.4N.R.1W. AND southwest corner of W. McMillan Road and N. Ten Mile Road in the NE ¼ of Section 34, T. 4N.1W. I. PROJECT DESCRIPTION The applicant has applied for a development agreement modification for the purpose of combining/terminating four (4) recorded development agreements [DA Instrument #’s 106034786 (Volterra), 108087854 (Prato Villas), 111010393 (Volterra North and South) and 110051282 (Volterra Mixed-use)] to create one (1) new master agreement that governs the entire Vicenza/Volterra development. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage +/- 276 acres Future Land Use Designation LDR, MDR, Commercial, MU-C Existing Land Use Undeveloped, SFR, Commercial Proposed Land Use(s) SFR Current Zoning R-4, R-8, R-15, L-O, C-C, C-G Proposed Zoning NA Lots (# and type; bldg/common) NA Phasing plan (# of phases) NA Number of Residential Units (type of units) NA Density (gross & net) NA Meridian City Council Meeting Agenda April 2, 2019 – Page 187 of 395 Page 2 III. APPLICANT INFORMATION A. Applicant/Representative: Matt Munger, WHPacific 2141 W. Airport Way, Ste. 104 Boise, ID 83705 B. Owner: Bridgetower Investments, LLC 2228 Piazza Drive Meridian, ID 83646 IV. NOTICING City Council Posting Date Newspaper Notification 3/1/2019 Radius notification mailed to properties within 300 feet 2/26/2019 Applicant posted site on 3/8/2019 Nextdoor posting 2/26/2019 V. STAFF ANALYSIS PROJECT HISTORY Prato Villas/Summerwood: In 2006, the Prato Villas project received annexation approval (AZ- 06-022, DA Instrument #108087854). In 2017, a new preliminary plat was approved by the city known as Summerwood (H-2017-0083). A DA modification was not required at the time of the Summerwood plat approval because the new layout complied with the provisions of the recorded DA. Volterra Mixed-use: In 2008, a portion of the property (111 acres) was rezoned and removed from the original development agreement (DA #106034786). This portion of the property has an approved concept plan that depicts a large business park development. A new development agreement (instrument # 110051282) was required with the approval of the rezone. NOTE: The Walmart store and the four (4) parcels located at the NWC of McMillan and Ten Mile Roads will remain subject to the requirements of this DA and received plat approval in 2015 as the Coleman Subdivision. These conditions remain affect with the subject property. Volterra North and South: In 2010, this property received preliminary plat (PP) approval for 301 residential lots on 120.6 acres of land for Volterra North Subdivision and approval to rezone (RZ) 58.33 acres from the R-4 (Low-density Residential District) zone to the R-8 (Medium-density Open Space (acres, total [%] / buffer / qualified) NA Amenities NA Physical Features (waterways, hazards, flood plain, hillside) NA Neighborhood meeting date; # of attendees: December 19, 2018; one attendee Meridian City Council Meeting Agenda April 2, 2019 – Page 188 of 395 Page 3 Residential District) zone and preliminary plat (PP) approval for 194 residential lots on 80.4 acres of land for Volterra South Subdivision. A modification to an existing development agreement was approved (DA Instrument #111010393) to amend the original DA approved with the annexation of the property in 2006 (DA Instrument #106034786). The DA approved in 2006 was to be replaced with DA Instrument #111010393, but never was. The applicant is now requesting DA #106034786 be terminated as originally intended. Further, the City Council approved an amendment to DA Instrument #111010393 (H-2016-0033) to allow a right-out only access to N. Ten Mile Road within the Volterra South development. The right-out only access is constructed; however the applicant never signed the amended DA within the 6-month timeframe so this approval has expired. Because the access is constructed, staff recommends that the new DA reflect the action of the previous Council decision on the approval for the access. MDA Request: The subject 276 acres of property is governed by four (4) development agreements approved with the various projects as noted above. All of the subject property is envisioned to develop with a mix of residential and commercial uses. For illustrative purposes, staff has included the approved plats and concept plan for each of the properties and highlighted which DA governs the respective property (see Exhibit VII.C). These exhibits will remain as exhibits in the new DA. The applicant’s request includes the termination of the four (4) previous agreements for the purpose of entering into one (1) master agreement to govern all of the subject property (approximately 276 acres) (see VII.B). The applicant believes having one (1) master agreement will help administer development of the subject properties. Staff has reviewed the terms of the four (4) previous development agreements to determine which provisions may still apply and if any new provisions should be included into the new master agreement. Staff has included all of the DA provisions that govern the subject property and either recommended modifications or removal of certain provisions as follows: Prato Villas/Summerwood DA Provisions (DA Instrument #108087854): 1. Staff recommends that the provisions be removed as they are no longer applicable to govern the subject property. The applicant has requested as part of the DA modification that the Summerwood property be included within the boundary of the new master agreement. By doing so this property will be afforded the rights to use the open space and amenities approved with the Volterra North Subdivision. Staff recommends the termination of DA #108087854. Volterra Mixed Use DA Provisions (DA Instrument #110051282): 1. Modify: All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development and The mixed-use portion of the Volterra development (area north of McMillan Road; west side of Ten Mile Road) shall be generally consistent with the conceptual site plan submitted with this application, excluding the properties subdivided with the Coleman Subdivision, as determined by the Planning Director. Any major variations to the concept plan shall require an amendment to the development agreement and requires a new concept plan for the overall development. 2. Remove: All future development on the site shall be subject to administrative design review. 3. Modify: These sites have an existing development agreements recorded as instrument #106034768; 108087854; 111010393; and 110051282. The entire boundary of the property as depicted in Exhibit A.3 acres shall be subject to a new development agreement Meridian City Council Meeting Agenda April 2, 2019 – Page 189 of 395 Page 4 for the Volterra Mixed Use Project and will no longer be subject to the previous four (4) development agreements. 4. Remove: The C-G zoned property shall consist of a minimum of 6 buildings with no one building exceeding 250,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 558,000 square feet. 5. Remove: The C-C zoned property shall consist of a minimum of 11 buildings with no one building exceeding 200,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 464,000 square feet. 6. Remove: The L-O zoned property shall consist of a minimum of 5 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 120,000 square feet. 7. Remove: The R-15 zoned property shall consist of a minimum of 3 buildings and a minimum density of 8 dwellings/beds per acre and a maximum of 75 buildings provided it does not exceed the density requirements of the R-15 zoning district with no one building exceeding 130,000 square feet. 8. Modifiy: The applicant shall construct five central plaza areas and associated pathways on the site as generally depicted on the conceptual site plan for the mixed-use portion of the Volterra development. 9. Remove: All buildings on the site shall be generally consistent in appearance with the attached photos (large box, health care, hotel, health club, general business, senior living, skilled nursing, retail) submitted with this application, as determined by the Planning Director. 10. Remove: The proposed non-residential and residential buildings shall be constructed with high quality materials, including but not limited to: split face block, stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full façade treatment if there is screening for the loading area., highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or tile roofing materials and variations in colors, roof planes and parapet heights. 11. Remove: A minimum 25-foot wide buffer shall be constructed along W. McMillan Road and N. Ten Mile Road with 5-foot detached sidewalk. Any future collector streets shall have a minimum 20-foot wide landscape buffers on each side of the street. Any future local commercial streets shall have a minimum 10-foot wide landscape buffer. These buffers shall be designed in accordance with the standards listed in UDC 11-3B-7 and shall be constructed with platting of the property or with the issuance of the first building permit if the plat has not been recorded. 12. Remove: The applicant shall comply with all landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 13. Remove: The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Division prior to all new construction on the subject property. 14. Remove: Any future signalization installed as the result of the development of this project shall be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 15. Remove: Driveway access onto Ten Mile Road just north of McMillan Road shall be designed as a right-in/right-out driveway. 16. Modify: The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed Meridian City Council Meeting Agenda April 2, 2019 – Page 190 of 395 Page 5 when the extension of the north east/west collector roadway through the mixed-use portion of the Volterra development is constructed on the site. Volterra North and South DA Provisions DA Instrument #111010393 (terminate DA Instrument #106034768): 1. That prior to approval of the 200th residential lot, (including Volterra North and Volterra South), the 10.2 acre park (James Park) shall be constructed. That The park shall include the proposed swimming pool and restrooms, the water feature (fountain), club house, the 10-foot wide multi-use pathway and the tot lot. 2. Removed and added above: That the park shall include the proposed swimming pool and restrooms, the water feature (fountain), club house, the 10-foot wide multi-use pathway and the tot lot. 3. Modify: That prior to approval of the 400th residential lot (including Volterra North and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. That The park shall include the proposed plaza area and playground equipment. 4. Removed and added above: That the park shall include the proposed plaza area and playground equipment. 5. Modify: Future development in the C-G, C-C, L-O and R-15 zones shall comply with the structure and site design standards, as set forth in UDC 11 -3A-19 and the guidelines set forth in the City of Meridian Design Architectural Standards Manual. 6. Modify: Future homes constructed within the Volterra North, and Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations attached to each of the respective Findings (see Exhibit A). 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. Modify: For Phasing purposes, Volterra North, and Volterra South and Summerwood plats shall be reviewed as one project and all both plats shall remain valid as successive phases receive City Engineer’s signature. The same applies to any future time extensions that may be requested. Add New Provision: One “Right Out, Exit Only” access point will be permitted south of the spine road (N. Vicenza Way) onto Ten Mile Road for egress from the adjacent commercial lots. Staff’s recommended DA provisions are in Exhibit VII.E. VI. DECISION A. Staff: Staff recommends approval of the proposed DA modification as set forth in the exhibits in Section VII. The Meridian City Council heard these items on March 19, 2019. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Matt Munger ii. In opposition: None iii. Commenting: Paul Poorman, John Wycoff, Denise LaFever and Vince Rigby Meridian City Council Meeting Agenda April 2, 2019 – Page 191 of 395 Page 6 iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Irrigation water supply to the Poorman property. ii. Irrigation system developed with the Vicenza Subdivision and limited water supply for the development. iii. City utility extensions with the Summerwood project. iv. Construction of the Vicenza and Volterra private parks and any modifications to the previous subdivision approvals or allowed uses. c. Key Issues of Discussion by Council: i. Upgrades to improve on the pressurized irrigation system for the development. d. Key Council Changes to Staff/Commission Recommendation i. None Meridian City Council Meeting Agenda April 2, 2019 – Page 192 of 395 Page 7 VII. EXHIBITS A. Vicinity Map and Existing Development Agreements Prato Villas/Summerwood Volterra South Volterra Mixed Use Coleman Volterra North Meridian City Council Meeting Agenda April 2, 2019 – Page 193 of 395 Page 8 B. Legal Description and Development Agreement Boundary Meridian City Council Meeting Agenda April 2, 2019 – Page 194 of 395 Page 9 Meridian City Council Meeting Agenda April 2, 2019 – Page 195 of 395 Page 10 Meridian City Council Meeting Agenda April 2, 2019 – Page 196 of 395 Page 11 Meridian City Council Meeting Agenda April 2, 2019 – Page 197 of 395 Page 12 Meridian City Council Meeting Agenda April 2, 2019 – Page 198 of 395 Page 13 C. Approved Plats and Concept Plan (Include as Exhibits in the New DA) Summerwood: Meridian City Council Meeting Agenda April 2, 2019 – Page 199 of 395 Page 14 Volterra Mixed-Use/Volterra North and South Meridian City Council Meeting Agenda April 2, 2019 – Page 200 of 395 Page 15 Meridian City Council Meeting Agenda April 2, 2019 – Page 201 of 395 Page 16 D. Staff Recommended Development Agreement Provisions CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The mixed-use portion of the Volterra development (area north of McMillan Road; west side of Ten Mile Road) shall be generally consistent with the conceptual site plan submitted with this application, excluding the properties subdivided with the Coleman Subdivision, as determined by the Planning Director. Any major variations to the concept plan shall require an amendment to the development agreement and requires a new concept plan for the overall development. 2. These sites have existing development agreements recorded as instrument #106034768; 108087854; 111010393; and 110051282. The entire boundary of the property as depicted in VII.B shall be subject to a new development agreement and will no longer be subject to the previous four (4) development agreements. 3. The applicant shall construct five (5) central plaza areas and associated pathways on the site as generally depicted on the conceptual site plan for the mixed-use portion of the Volterra development. 4. The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-3B- 8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when the extension of the northern east/west collector roadway through the mixed-use portion of the Volterra development is constructed on the site. 5. That prior to approval of the 200th residential lot, (including Volterra North and Volterra South), the 10.2 acre park (James Park) shall be constructed. The park shall include the proposed swimming pool and restrooms, the water feature (fountain), clubhouse, the 10- foot wide multi-use pathway and the tot lot. 7. That prior to approval of the 400th residential lot (including Volterra North and Volterra South), the proposed three (3) acre park south of McMillan Road shall be constructed. The park shall include the proposed plaza area and playground equipment. 8. Future development in the C-G, C-C, L-O and R-15 zones shall comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the Architectural Standards Manual. 9. Future homes constructed within the Volterra North, Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations attached to each of the respective Findings. 10. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 11. For phasing purposes, Volterra North, Volterra South and Summerwood plats shall be reviewed as one (1) project and all plats shall remain valid as successive phases receive City Engineer’s signature. The same applies to any future time extensions that may be requested. 12. One “Right Out, Exit Only” access point will be permitted south of the spine road (N. Vicenza Way) onto N. Ten Mile Road for egress from the adjacent commercial lots. Meridian City Council Meeting Agenda April 2, 2019 – Page 202 of 395 { �nv EIDIAN?t— IDAHO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-I Project File Name/Number: Item Title: Resolution No. 19-2136: A Resolution Of The Mayor And Council Of The City Of Meridian, Idaho Adopting Amendments To The City Of Meridian Strategic Plan Meeting Notes: Hf. I TEM SHEET C ouncil Agenda I tem - 6.I . Presenter: C.J ay C oles Estimated Time f or P resentation: 1 minute Title of I tem - Resolution No. 19-2136: A Resolution Of T he M ayor And Council Of T he City Of M eridian, Idaho Adopting Amendments To T he C ity Of M eridian S trategic Plan R esolution adopting amend ments to S trategic P lan C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Resolution f or S trategic Plan Updates Resolution 3/26/2019 E xhibit A - S trategic Plan E xhibit 3/26/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 3/26/2019 - 7:20 P M L egal.B aird, Ted Approved 3/27/2019 - 12:42 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 203 of 395 CITY OF MERIDIAN RESOLUTION NO. 19-2136 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO ADOPTING AMENDMENTS TO THE CITY OF MERIDIAN STRATEGIC PLAN. WHEREAS, the City Council discussed the concept of creating a City Strategic Plan (Plan) on May 13, 2014; approved a budget amendment to begin the process on June 10, 2014; approved an agreement with Leadership Advisors for their assistance in developing a Plan on July 22, 2014; and discussed the development, methodology, and creation of the Plan at City Council meetings on October 14, 2014, April 14, 2015, April 28, 2015 and May 5, 2015; and WHEREAS, on May 5, 2015 the Mayor and City Council of the City of Meridian approved the adoption of the City of Meridian Strategic Plan 2016-2020; and WHEREAS, the purpose of the City of Meridian Strategic Plan Focus Areas and Goals is to establish a clear vision for the City of Meridian and set appropriate strategic objectives to guide fulfillment of the vision; and WHEREAS, the City of Meridian Strategic Plan will be amended to align appropriate resources and deployment decisions to achieve the strategic objectives and allows for the creation of measures that ensure attainment of those objectives within the specified time frames. WHEREAS, the Mayor and City Council of the City of Meridian hereby approve amendments to the City of Meridian Strategic Plan as presented on March 5, 2019. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby adopts the Amendments to the City of Meridian Strategic Plan as set forth in Exhibit A, as attached. Section 2. The Mayor will continue to report progress towards the Goals of the Plan to the City Council semi-annually in the months of March and October. ,�,d ADOPTED by the City Council of the City of Meridian, Idaho, this ?day of , 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 2"d day of 2019. OiPDAUG UST �Q APPROVED: A EST: 2 city of C.�►' `E IDIAN til Mayor Ta de Weerd %, SEAL �Q a C s, City Clerk pi SOh CamlC_. til RoftheTRE 9 RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF MERIDIAN STRATEGIC PLAN — PAGE 1 OF 1 EXHIBIT A CITYWIDE STRATEGIC PLAN UPDATE – APRIL 2, 2019 Meridian City Council Meeting Agenda April 2, 2019 – Page 205 of 395 City of Meridian Strategic Plan 2016-2020 April ‘19 Adopted: Amended: May 5, 2015 April 3, 2018 Amended: Amended: January 12, 2016 April 2, 2019 Amended: July 11, 2017 Meridian City Council Meeting Agenda April 2, 2019 – Page 206 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 2 of 16 Table of Contents Introduction: New Opportunities, New Horizons ............................................................. 3 Strategic Planning: Purpose and Intent ............................................................................... 3 Municipal Organization ....................................................................................................... 4 City Services ............................................................................................................................. 4 Strategic Planning: The Process....................................................................................... 5 Our Mission .............................................................................................................................. 6 Our Vision. ................................................................................................................................. 6 Our Values. ................................................................................................................................ 7 Alignment: Goal Formulation .................................................................................................. 8 Execution: Strategic Plan Management and Accountability ....................................... 9 Next Steps: Operationalizing the Plan .............................................................................. 11 Tactical Plan Development ............................................................................................. 11 Meridian’s Strategic Plan: Goals and Objectives ........................................................... 12 1. Strategic Growth ......................................................................................................... 12 2. Economic Vibrancy .................................................................................................... 13 3. Responsive Government.......................................................................................... 13 4. Safe, Healthy, and Secure ........................................................................................ 14 5. Arts, Culture, and Recreation ................................................................................ 15 Meridian City Council Meeting Agenda April 2, 2019 – Page 207 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 3 of 16 Introduction: New Opportunities, New Horizons For more than two consecutive decades, the City of Meridian has been the fastest growing City in the State of Idaho. The City’s population tripled between 1990 and 2000 and then doubled again between 2000 and 2008. In 2014, Meridian arguably became the second largest City in the State of Idaho and the 10th fastest growing City in the Nation. The City’s population explosion has necessitated the expansion of services, the addition of staff, and the need to better visualize, organize, and plan its future. While growth has been a positive, influencing factor in Meridian’s success, the City must do more to guide growth and the expansion of its services. For the past few years, the City has been conducting surveys of its citizens and employees to gather information regarding its management and planning efforts. These inputs have been a valuable contribution in the development of the City’s Strategic Plan. To truly become the premier place to live, work, and raise a family, the City must be purposeful and visionary in the establishment of financially sound growth goals and the identification of community service expectations. It must then align its fiscal and human resources to achieve those goals. This document endeavors to set, organize, and place a plan into action to accomplish those goals. Strategic Planning: Purpose and Intent Strategic planning is one of the most important responsibilities of the leadership of any organization. It is the activity that establishes a clear vision for the organization and sets appropriate strategic objectives to guide fulfillment of the vision. It also aligns appropriate resources and deployment decisions to achieve the strategic objectives and establishes measures that ensure attainment of those objectives within specified time frames. Like all cities, Meridian is continually faced with a myriad of challenges and opportunities. The demands of growth on budgets, inf rastructure, and staffing underscore the need for a comprehensive and clear strategic plan. Because cities must reconcile the needs of a community with a diverse service offering, it is challenging to focus citizens, leaders, and staff in one direction. The role of this strategic plan, therefore, is to provide that focus, facilitate the successful growth of the community, and provide a platform to purposefully advance the City as an organization. This strategic plan will serve as a roadmap for the City’s success over the next five years. It will also serve as a tool to communicate the City’s intentions to the community, focus the direction of its financial resources and employees, and ensure that short-term goals and Meridian City Council Meeting Agenda April 2, 2019 – Page 208 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 4 of 16 objectives are met in a timely fashion to ensure attainment of the City’s overall vision. This plan defines specific results that are to be achieved, outlines a course of action for achieving them, and details measurements to ensure the outcomes of those results. Additionally, this plan will ensure that the most important City priorities are identified, communicated, and achieved with direction and effective planning so that all may know what is expected and how to achieve success. The City will be diligent in focusing its efforts on strategic objectives that it can control and influence within the scope of its mission and vision. The implementation of this plan and the decision making around it will align with the City values. Municipal Organization The City of Meridian lies at the heart of Idaho’s Treasure Valley. Meridian is one of the fastest growing cities in Idaho and it is a magnet for people looking for a family-oriented community in the Intermountain West. A long and vibrant heritage in agriculture has given way to homes and businesses that share a common goal - being part of a diverse and vibrant community that is a great place to work, live, and raise a family. Over the past 25 years, the City has grown substantially. So, too, have its responsibilities, service expectations, and staffing requirements. Today, the City of Meridian is a full service city that contains more than 375 staff members distributed between ten Departments, has an operating budget of more than $90M, and currently serves a population of more than 90,000 residents. This document represents the City of Meridian’s first formalized Strategic Plan. City Services Cities are unique organizations because of the diversity and complexity of their service offerings. Like all cities, Meridian provides many primary services directly to the community while forming partnerships with other governmental units to provide the remainder of services to its citizens. The City of Meridian currently provides the following services directly to the community: • Police • Fire and Medical Response • Land Use, Planning and Building • Parks and Recreation Services • Water • Sewer • Economic Development • Administrative Services Meridian City Council Meeting Agenda April 2, 2019 – Page 209 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 5 of 16 Working closely with government and private partners allows citizens to also receive, among other services: • Recycling and trash collection through a franchise agreement • Roads via the Ada County Highway District • Libraries via the Meridian Library District • Pools via the Western Ada Recreation District • Downtown development via the Meridian Development Corporation • Criminal Prosecution Services through the City of Boise Ada County, the State of Idaho, and the Federal Government also directly serve the citizens of Meridian. Strategic Planning: The Process Strategic planning is an iterative but logical process. It involves conducting an environmental scan or SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) of the organization, defining or refining the organization’s mission, vision and value statements, developing goals, establishing objectives, operationalizing and implementing the plan, and monitoring for results. Meridian City Council Meeting Agenda April 2, 2019 – Page 210 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 6 of 16 To establish the City’s strategic plan, the City chose Leadership Advisors Group to facilitate its planning process. The City then developed a Strategic Planning Team comprised of the Mayor and the Executive Leadership Team. The Strategic Planning Team is responsible for the development and articulation of the overall direction of the organization. As Chief Elected Officer, the Mayor will be accountable for the performance and administration of the Strategic Plan. To guide the planning process, the Team was first trained on the Dimensional Strategy® framework. This framework helps leaders to navigate their organization’s complexity to create a unifying, compelling, and achievable strategic plan. Using this framework, the Team participated in an organization-wide Strengths Assessment. The Strengths Assessment helped to measure the City’s planning readiness and overall management strength, as well as identify potential risks during the strategic planning process. Then the Team conducted a SWOT analysis. This analysis was used to identify the key internal and external factors seen as influencing or impacting the City organization. Internal factors (strengths and weaknesses) are controllable by the organization. External factors (opportunities and threats) impact organizations but are not controllable by the organization. From this exercise, the City gained insights that were carried into the strategic planning process. Several Team meetings culminated in the revision of the City’s Mission statement, an update to its Vision statement, and the review and affirmation of its organizational values. Our Mission: We love Meridian; it’s our town and our mission is to cultivate a vibrant community by delivering superior service through committed, equipped employees dedicated to the stewardship of our community’s resources. Our Vision: Where we see ourselves as an organization and community in the future. By 2035, Meridian will be the West’s premier community in which to live, work, and raise a family. Strategic Planning Team Leader Title Tammy de Weerd Mayor Tom Barry Director of Public Works Bruce Chatterton Director of Community Development Jaycee Holman Director of IT / City Clerk Stacy Kilchenmann Director of Finance Jeff Lavey Chief of Police Bill Nary City Attorney Mark Niemeyer Fire Chief Patti Perkins Director of Human Resources Steve Siddoway Director of Parks & Recreation Robert Simison Mayor’s Chief of Staff Meridian City Council Meeting Agenda April 2, 2019 – Page 211 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 7 of 16  Proactive City policies and well-educated, capable employees will, together, create a compelling economic advantage yielding robust family-wage jobs that will nourish our welcoming, vibrant, and diverse business environment.  Our strategic growth will ensure an orderly development that balances resources and leverages partnerships to create a sustainable and financially viable community.  A flexible and responsive government will ensure that services meet demand with financial prudence and excellence while safeguarding our community’s health and safety.  Community members will enjoy a vibrant downtown and a myriad of diverse arts, cultural, and recreational offerings to have meaningful experiences. Our Values: The core principles that guide our treatment of one another, our customers, and our decisions. At the City of Meridian, we CARE. That means:  Providing the best Customer Service to our community, colleagues, and partners by listening and responding in a timely, friendly, professional, and solution-oriented manner.  Exemplifying Accountability by understanding our role in the organization, knowing our jobs, and accepting that each of us is responsible for our own work, choices, and actions. Acting as stewards of the community’s resources, our environment, and our relationships.  Showing Respect by being trustworthy and courteous. We honor, accept, and include people with diverse opinions and backgrounds.  Demonstrating continual Excellence through professionalism, going beyond the parameters of our job while being creative, innovative, flexible, and adaptable to multiple needs. Next, the team met with the City Council to discuss the SWOT analysis results, share the mission, vision, and value statements, and brainstorm future strategic initiatives, focus areas , and goals for the City. This strategy session helped the Team narrow the City’s strategic focus areas into five broad categories. By identifying and prioritizing these focus areas, the City has effectually defined the targets into which the City will invest its time, energy, and resources to advance. Meridian City Council Meeting Agenda April 2, 2019 – Page 212 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 8 of 16 Alignment: Goal Formulation Three existing plans also played a role in forming this strategic plan. While the strategic plan will be the overarching organizational and community agenda, the plan is informed and enlivened by the City’s Comprehensive Plan, Capital Improvement Plan, and Economic Development Plan. Comprehensive Plan: Establishes the vision for the City’s development future, including key elements such as the land use plan and Area of City Impact. Capital Improvement Plan: Identifies capital projects and equipment purchases, provides a planning schedule, and identifies options for financing the short- range plan (usually five to ten years). Economic Development Plan: Provides targets for attracting, retaining, and expanding businesses in Meridian. The graphic to the right reflects the inter-relationship of the various plans. The other major aspect of the City that must be reconciled to the strategic plan is the City’s Strategic Focus Areas Focus Area Description Strategic Growth Good growth fuels a city. Meridian will promote growth that enhances its vision and is family-focused, properly planned, financially viable, and diverse. Economic Vibrancy Jobs make a City vibrant. Meridian will recruit family-wage jobs and promote the growth of existing organizations in employment zones that put work and life together. Responsive Government The successful government of the 21st century is service driven, approachable, and responsive. Meridian will embody those qualities by improving efficiency, enhancing transparency, utilizing technology, and investing in our employees. Safe, Healthy, and Secure For a community to prosper, it must be safe, secure, and healthy. Meridian will invest in activities and services that enhance public safety and community health to build a stronger community and promote the quality of life that its citizens and employees expect. Arts, Culture & Recreation A premier community embraces cultural diversity and promotes an abundant offering of arts, entertainment, and recreational opportunities. Meridian will invest in services, facilities, programs, and partnerships to establish itself as an active and vibrant community that fulfills the diverse cultural and recreational needs of its people. Department Plans Comprehensive Plan Capital Improvement Plan Economic Development Plan Strategic Plan Meridian City Council Meeting Agenda April 2, 2019 – Page 213 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 9 of 16 budgetary plan. The City’s budget must reflect the strategy. The interchange between the above plans and the new strategic plan is intended to be complementary. In addition to the aforementioned plans and the City Strategic Plan, each Department will need to develop a Department Plan that correlates to the Goals and Objectives of the Citywide Strategic Plan at a tactical/operational level. Since this is the first strategic plan for the City of Meridian, the connection to the City’s budget will be done via existing and future Department Plans. This means that, as each Department refreshes its plan, the focus areas and goals established within this strategic plan will be evident in the Department’s budget. Execution: Strategic Plan Management and Accountability A plan poorly implemented is like having no plan at all. As part of the City’s strategic planning process, the Strategic Planning Team identified and invited several key staff members from each of their Departments to participate in a Change Management workshop. The purpose behind the workshop was to prepare and train key staff on managing change - in this case, providing staff the perspectives and tools to help implement the Strategic Plan. The responsibility for the development and execution of the City’s Strategic Plan is vested with the Mayor. Since the Strategic Plan represents the core agenda of the organization, it is incumbent upon the Mayor to oversee its development and shepherd its execution. Now that the Plan has been developed, the administration of the Plan and the accountability for its execution are paramount. To guide those two aspects (administration and execution), the following set of responsibilities has been developed: Frequency Activity Responsible Party Reporting Audience Quarterly Review strategic goal measurements and execution progress Mayor City Leadership Team Semi- annually Execution progress report Mayor City Council Meridian City Council Meeting Agenda April 2, 2019 – Page 214 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 10 of 16 This Plan is intended to transcend changes in the political environment. Organizational constancy is critical in maintaining momentum and achieving the desired results. However, it is important to recognize that major changes in elected leadership, City Council composition or modification to Council policies, strategies, plans, budget initiatives, etc., may impact the content, implementation, and successful attainment of this Strategic Plan. While this Plan itself serves as a guide that describes the strategic and tactical activities of the City of Meridian, the measure of success for the City in its strategic pursuits will be marked by the goal achievement contained in the Plan. Just as important will be the extent to which the City reviews and updates its strategic plan based on changing conditions and circumstances. In the end, strategic planning is a process, not an event, and it is that process that will define and ensure a competitive and purposeful organization. Annually Review and refine the strategic plan Mayor City Council and the City Leadership Team Annually Review and refine Department plans Department Directors Departments and Mayor Meridian City Council Meeting Agenda April 2, 2019 – Page 215 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 11 of 16 Next Steps: Operationalizing the Plan Tactical Plan Development The first phase of the City’s approach to developing its strategic plan involved conducting an environmental scan, aligning its mission, vision, and values statements, organizing its resource inputs, developing strategic focus areas, and identifying key goals and objectives to align and advance the City’s resources toward the pursuit of its vision. What must follow is the development of Department-level tactical plans which align and support the City’s Strategic Plan. These tactical plans will need to define the activities, resources, timeframes, and costs required to advance the identified objectives in the City’s Strategic Plan. Performance measures and routine performance audits will ensure that each Department is appropriately engaged and aligned in advancing the City’s vision. TACTIC: Tactic #: Title of the Tactic GOAL RELEVANCE: Insert Goal Title This Tactic Supports SUPPORTING OBJECTIVE: Insert Objective Title This Tactic Supports Priority: Select between 1=Highest and 5=Lowest Estimated Cost: Select Between $=Lowest and $$$$$=Highest Anticipated Start Date: Identify Start Date Completion Date: Identify Completion Date Lead Staff: Insert Tactic Lead Support Staff: Insert Support Groups(s)/Individual(s) External Support: Identify Those Outside Your Division/Department Required To Advance The Tactic. Tactical Summary: Insert Brief Tactical Summary Here. Activities: List All Activities Required to Complete This Tactic in Logical/Chronological Order Below: a) b) c) d) e) f) Performance Measure(s): List all Performance Measures to be Used. a) b) Status Update: Provide status updates here. Example Tactical Summary Meridian City Council Meeting Agenda April 2, 2019 – Page 216 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 12 of 16 Meridian’s Strategic Plan: Goals and Objectives 1. Strategic Growth Good growth fuels a city. Meridian will promote growth that enhances its vision and is family-focused, properly planned, financially viable, and diverse. Goals: A. Facilitate the development and growth of Meridian’s downtown culminating in a strong and diverse community core. 1. Support downtown development and the execution of the Destination Downtown Plan by the Meridian Development Corporation. 2. Evaluate and, if appropriate, expand the Urban Renewal District. (Completed) 3. Reform the Meridian Development Corporation to maximize its use in developing downtown. (Removed Council 7/11/17) B. Create a growth management system to foster the growth goals of the City in alignment with the Comprehensive Plan. 1. Define and articulate the City’s growth goals. 2. Identify priority growth areas and incentivize growth and development. (HIGH Priority) 3. Complete rezoning in targeted growth areas to direct types of development in alignment with the City’s growth goals. 4. Promote and guide desired growth with investments in utility infrastructure and services ahead of growth. 5. Develop and implement a sustainable growth management system that includes the Fiscal Impact Model to inform service levels, staffing, and General/ Enterprise Fund impacts. (Inactive Revisit – 04/03/18) C. Preserve and protect land use and zoning plans to promote certainty and predictability for future development within the adopted Area of City Impact. 1. Ensure area City Impact Boundaries are consistent with infrastructure plans, service boundaries and growth goals. 2. Align Future Land Use Map with the City’s growth goals. 3. Identify and assess the feasibility of areas within the Area of City Impact that could be preserved for open space, historical significance, or cultural heritage. (HIGH Priority) D. Develop and sustain the connections that shape and serve our community. 1. Develop, promote and realize a Master Mobility Plan, ensuring that residents and visitors have safe and efficient mobility options into the future. Meridian City Council Meeting Agenda April 2, 2019 – Page 217 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 13 of 16 2. Economic Vibrancy Jobs make a City vibrant. Meridian will recruit family-wage jobs and promote the growth of existing organizations in employment zones that put work and life together. Goals: A. Influence the location and retention of family-wage jobs in close proximity to where people live. 1. Identify, develop, and utilize the tools needed for successful attraction and retention of jobs. 2. Develop and maintain the broad spectrum of partnerships needed to cultivate diverse businesses and jobs. (Completed) 3. Promote job growth by identifying and attracting businesses that are aligned with the Comprehensive Plan’s Industry Analysis. 4. Create a variety of housing options, open spaces, and amenities in order to provide living choices for a diverse workforce. B. Partner with others to develop a qualified workforce that meets the needs of targeted industries. 1. Promote opportunities for and access to entry level and advanced education for targeted industries. (Completed) 2. Promote internal cultural and workforce diversity. C. Promote a diverse and sustainable economy. 1. Identify targets and gaps in available goods and services. 2. Promote identified special business districts. 3. Pursue key catalyst projects. 3. Responsive Government The successful government of the 21st century is service driven, approachable, and responsive. Meridian will embody those qualities by improving efficiency, enhancing transparency, utilizing technology, and investing in our employees. Goals: A. Elevate the engagement of the community with local government. 1. Evaluate and define the objectives of, and adapt new strategies to elevate participation in, City activities. (Completed) 2. Improve citizen access to government. 3. Develop partnerships allowing the City to become an access point to other government. B. Establish a comprehensive workforce development and retention program for the City. 1. Develop a cost effective and competitive benefit plan . (Completed) 2. Identify position specific training needs. 3. Develop a succession planning program. 4. Develop an employee engagement program. (Completed) Meridian City Council Meeting Agenda April 2, 2019 – Page 218 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 14 of 16 5. Develop and maintain a competitive compensation program that enables quality recruitment and rewards and encourages high performance. C. Ensure flexibility, adaptability, and resiliency of government during times of crisis and recovery. 1. Develop a local Incident Management Team to respond during and after times of community crisis. (Completed) 2. Fully deploy and adequately train staff to meet all objectives of the City of Meridian Continuity of Operations Plan (COOP). 3. Develop and implement technological and communications contingency plans and programs for continuity of City operations. (Completed) D. Improve operational efficiency and organizational excellence. 1. Align resources, systems, and employees to meet strategic objectives and priorities . 2. Develop and deploy a City-wide performance measurement, monitoring, and reporting program. 3. Develop and deploy a City-wide continuous improvement program. 4. Evaluate the need for centralized, professional administrative and operational oversight for City functions. (Removed Council 07/11/17) E. Enhance transparency and decision-making of City government. 1. Establish clearly defined roles and responsibilities of City leadership up to and including Elected Officials. (Completed) 2. Conduct a priorities-of-government exercise to identify community expectations and desired level of service standards. (Removed and combined with 3.E.4. Council Approved 07/11/17) 3. Align community programs, City policies/ordinances, and staffing resources based on community expectations and desired level of service. (Removed Council 04/03/18) 4. Implement a cost of government program in order to evaluate and establish a Priority Based Budgeting system for the City of Meridian. 4. Safe, Healthy, and Secure For a community to prosper it must be safe, secure , and healthy. Meridian will invest in activities and services that enhance public safety and community health to build a stronger community and promote the quality of life that its citizens and employees expect. Goals: A. Establish Meridian as a premier safe community. 1. Identify and Evaluate Natural Threats and Hazards, employ standards and establish benchmarks for the Safety Profile of Meridian. 2. Identify and Evaluate Human Caused Threats and Hazards, employ standards and establish benchmarks for the safety profile of Meridian. 3. Align City ordinances, codes, policies, and resources based on the adopted Safety Profile. (Removed Council 04/02/19) 4. Deploy programs and identify gaps to enhance the community’s perception of public safety. 5. Become the Safest City in Idaho regardless of size. (Completed) B. Establish Meridian as a premier healthy community. Meridian City Council Meeting Agenda April 2, 2019 – Page 219 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 15 of 16 1. Use industry standards and benchmarks to develop and communicate the Health Profile of Meridian. 2. Compare adopted Health Profile to current processes, identify gaps and deploy programs and services that meet the adopted Health Profile. 3. Align City ordinances, codes, policies, and resources based on the adopted Health Profile. (Removed Council 04/02/19) 4. Build and maintain a broad spectrum of partnerships to create a healthy community and improve access to health care services. 5. Become among the Top 100 “Healthiest Cities” nationally. (Removed Council 04/03/18) C. Promote and connect social services that strengthen the socio-economic well-being of the community. 1. Define the educational, financial, food, housing, transportation, and healthcare environment to assist in determining the Socio-Economic Profile within the community. 2. Set targets and identify gaps in programs and services to elevate the Socio- Economic Profile of the community. 3. Build and maintain a broad spectrum of partnerships to create a secure community and improve the education of and access to social and support services. 4. Deploy programs and services that address social and support services deficiencies. (Removed Council 07/11/17) 5. Align City ordinances, codes, policies, and resources based on the adopted Socio- Economic Profile. (Removed Council 04/02/19) D. Establish a comprehensive Health and Safety Program for the City of Meridian. 1. Develop a comprehensive Risk Management program inclusive of risk identification, mitigation, safety, training, and proper resourcing. 2. Develop a comprehensive family-focused Health and Wellness Program for City employees. (Completed) E. Advance sustainable and environmentally healthy practices throughout the City. 1. Promote green building designs, practices, and materials that improve indoor air quality and overall health. (Removed Council 07/11/17) 2. Develop and implement citywide internal sustainable programs. 3. Participate in and foster community based sustainable programs, projects, and services. 5. Arts, Culture, and Recreation A premier community embraces cultural diversity and promotes an abundant offering of arts, entertainment, and recreational opportunities. Meridian will invest in services, facilities, programs, and partnerships to establish itself as an active and vibrant community that fulfills the diverse cultural and recreational needs of its people. Goals: A. Spur development of quality, regionally significant facilities for recreation and entertainment in Meridian. 1. Establish partnerships that foster development of mixed or single use facilities for performing arts and conferences. Meridian City Council Meeting Agenda April 2, 2019 – Page 220 of 395 City of Meridian Amended April 2nd 2019 Strategic Plan Page 16 of 16 2. Identify desired public sports facilities or complexes and establish partnerships that foster their development. (Completed) 3. Evaluate available tools for financing recreation and entertainment facilities. 4. Foster development of Discovery Parks that uniquely blend arts, entertainment, and culture. B. Develop, maintain, and foster a portfolio of activities and events that serve the diverse needs of the citizens of Meridian. 1. Determine, attract, promote, and maintain a “signature” event for the City. (Removed Council 07/11/17) 2. Determine the viability of and, if feasible, develop a “farmers market.” (Completed) 3. Foster development of vibrant downtown entertainment options to meet the needs of various generations. 4. Set targets, identify gaps, and deploy programs, activities, and events that provide family-centered recreational opportunities. (Complete) C. Foster the infusion of arts in our community. 1. Research and identify a catalog of long-term funding mechanisms and contributors for supporting arts and culture. 2. Develop a plan to infuse art in public spaces. 3. Connect to the artisan community and promote the education of all art forms and their historical significance/value in our community. (Complete) Meridian City Council Meeting Agenda April 2, 2019 – Page 221 of 395 EIDIANIDAHO ?- CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-3 Project File Name/Number: Item Title: Resolution No. 19-2138: A Resolution Of The Mayor And The City Council Of The City Of Meridian, Establishing The Appointment Of Charlie Rountree To Seat 3 Of The Meridian Board Of Adjustment Meeting Notes: ca I TEM SHEET C ouncil Agenda I tem - 6.J . Presenter: C.J ay C oles Estimated Time f or P resentation: 1 min Title of I tem - Resolution No. 19-2138: A Resolution Of T he M ayor And T he City Council Of T he C ity Of M eridian, E stablishing T he Appointment Of Charlie Rountree To Seat 3 Of T he M eridian Board Of Adjustment. R esolution appointing Charlie R ountree to the Board of Adjustment C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Reso appointing Charlie Rountree to B O A Resolution 3/27/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.Coles, C.J ay Approved 3/27/2019 - 2:30 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 222 of 395 CITY OF MERIDIAN RESOLUTION NO. 19-2138 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING THE APPOINTMENT OF CHARLIE ROUNTREE TO SEAT 3 OF THE MERIDIAN BOARD OF ADJUSTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-8-1 establishes the Board of Adjustment, its members and terms of their appointments; and WHEREAS, the Mayor and City Council for the City of Meridian wish to appoint Charlie Rountree to Seat 3 of the Meridian Board of Adjustment with a term to expire September 30, 2021; and WHEREAS, the Mayor and City Council of the City of Meridian deems the appointment of Charlie Rountree to Seat 3 of the Board of Adjustment to be in the best interest of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-8-3, Charlie Rountree is hereby appointed to Seat 3 of Meridian Board of Adjustment with a term to expire September 30, 2021; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 2(J day of April, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 211d day of April, 2019. �Qop,ieD AUGUS APPROVED: c° ATTEST: = 0tv of w E IDIZ IANC-- 1DAHO / `J u By: ayd Mayor Tam y de Weerd AL I .Jaye , ity Clerk Ofthe TREE l/h ` `�"' i5 JOhr6on DePA43 e;� ClerY- RESOLUTION FOR APPOINTMENT OF CHARLIE ROUNTREE TO THE BOARD OF ADJUSTMENT - Page 1 EIDIANC-- CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-K Project File Name/Number: Item Title: Agreement to Allow Landscaping in the Roundabout at the Intersection of Pine Street and N. Webb Way in Connection with the Development of Pine 43 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.K . Presenter: Estimated Time f or P resentation: Title of I tem - Agreement to Allow L andscaping in the Roundabout at the Intersection of P ine Street and N. Webb Way in Connection with the Development of P ine 43 Per C Z C A -2-18-0331, C & O D evelopment has received approval to landscape the roundabout at Pine and Webb f or the Pine 43 D evelopment. T his agreement allows City to remove the landscaping if necessary to maintain City S ewer in the Roundabout. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P ine 43 R oundabout Agreement A greements / C ontracts 3/28/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 3/28/2019 - 1:08 P M L egal.B aird, Ted Approved 3/28/2019 - 5:15 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 224 of 395 AGREEMENT FOR ROUNDABOUT AT PINE STREET AND N. WEBB WAY THIS AGREF, 4ENT, FOR ROUND -ABOUT ("Agreement") is Made and entered into this 'Z1161 DAY of April, 2019, By and between C & O Development, Inc., an Idaho Corporation, hereinafter referred to as ("C & O") and THE CITY OF MERIDIAN, an Idaho municipal corporation ("Meridian"). WITNESSETH: WHEREAS, C & O has constructed a Round -About in the intersection of Pine Street and N. Webb Way in connection with the development of the Pine 43 Project which is depicted on the plans attached hereto as Exhibit "A"; and WHEREAS, Meridian has an existing sewer line and related improvements pursuant to existing easement agreements which provide sewer service for members of the public; and WHEREAS, the Round -about improvements were constructed by C & O over or around the sewer line and related improvements owned by Meridian; and WHREAS, Meridian is willing to grant its consent for the construction of the Round -about over its sewer line and related improvements, provided C & O agrees in writing that if it is reasonably necessary that the Round -about improvements be removed in order for Meridian or its contractors to maintain, repair or replace the sewer line and related improvements that the Roundabout can be removed and that Meridian shall have no obligation to restore or repair the removed monument improvements; and WHEREAS, C & O is willing to agree to the foregoing in exchange for Meridian's consent to the construction of the Round -about improvements. NOW THEREFORE, Meridian hereby gives its consent to the construction of the Round —about as proposed by C & O and depicted in the plans attached hereto as Exhibit "A" in consideration of C & O hereby agreeing that in the event it becomes reasonably necessary in the future for Meridian to maintain, repair or replace its sewer line and related improvements over which the foregoing Round -about has been constructed, that such improvements can be removed by Meridian or its contractors without any liability whatsoever of Meridian to C & O and that any and all costs, expenses and related charges associated with the repair or replacement of the Round- about shall be borne solely by C & O, home owner or property owner associations or their assigns and the property owners of the land shown and described on Exhibit `B" attached hereto. This Agreement is binding upon the parties' successors and assigns. In the event litigation must be instituted in order to enforce the terms hereof, the prevailing party in such litigation shall be entitled to an award of reasonable costs and attorney's fees. Agreement —page 1 IN WITNESS WHEREOF, the undersigned have duly executed this Agreement effective as of the day and year first above written. C&O: C & O Development, Inc. c. Dennis M. Baker, President MERIDIAN; THE CITY OF MERIDIAN By: Tammy de Weer 7Mayor Approved by Council on: !_ of-'\ 2. 1CM ¢QORgTFDAG ��GO rGsT l ATTEST: _ LOf 5 C. Jay oles, Meridian City Clerk _ IDIA / o4MN� i T Ci ��EASURE Agreement- page 2 STATE OF IDAHO ) )SS. County of Ada ) On this c� It day of In, ap4:,h, , 2019, before me the undersigned, personally appeared Dennis M. Baker, know or identified to me to be the President of C & O Development, Inc. and the person who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. SUBSCRIBED AND SWORN TO Beforeune4his day of 2019. I � OF STATE OF IDAHO ) ) SS. County of Ada ) On this 2nd day of A j) , 2019, before me the undersigned, personally appeared Tammy De Weerd, known or identifies to me to be the Mayor of The City of Meridian, the Idaho municipal corporation that executed the instrument or the person who executed the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. � SUBSCRIBED AND SWORN TO Before me this day of , 2019. CHARLENE WAY COMMISSION 0673W NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRE&3/2= Agreement- page 3 C a)l! M- W0-4- Notary Public for Idaho Residing at _ Let Cly -, Idaho My Commission Expires: 3- a2 - ao a a p'TAR.Y •'!`� Notary Pu��tc for Idaho S �►•�' Residing at: Nampa, Idaho My Commission Expires: 10/28/2023 On this 2nd day of A j) , 2019, before me the undersigned, personally appeared Tammy De Weerd, known or identifies to me to be the Mayor of The City of Meridian, the Idaho municipal corporation that executed the instrument or the person who executed the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. � SUBSCRIBED AND SWORN TO Before me this day of , 2019. CHARLENE WAY COMMISSION 0673W NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRE&3/2= Agreement- page 3 C a)l! M- W0-4- Notary Public for Idaho Residing at _ Let Cly -, Idaho My Commission Expires: 3- a2 - ao a a Meridian City Council Meeting Agenda April 2, 2019 – Page 228 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 229 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 230 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 231 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 232 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 233 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 234 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 235 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 236 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 237 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 238 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 239 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 240 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 241 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 242 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 243 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 244 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 245 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 246 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 247 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 248 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 249 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 250 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 251 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 252 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 253 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 254 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 255 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 256 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 257 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 258 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 259 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 260 of 395 „. �,✓u IE IDIAN*,------ IDAHO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-1- Project -L Project File Name/Number: Item Title: 2019 Concert Series Agreement with Plum Unique Events Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 6.L . Presenter: Colin M oss Estimated Time f or P resentation: 0 Title of I tem - 2019 Concert S eries Agreement with Plum Unique Events T his agreement is f or event production services f or the new P layin' in the P laza concert series at City Hall P laza. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate 2019 C oncert S eries A greement with P lum Unique E vents A greements / C ontracts 3/28/2019 RE V I E WE RS : Department Reviewer Action D ate P arks and Recreation J ohnson, Chris Approved 3/28/2019 - 4:04 P M P arks and Recreation B aird, Ted Approved 3/28/2019 - 5:14 P M P arks and Recreation Watts, K eith Approved 3/28/2019 - 6:23 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 261 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 262 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 263 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 264 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 265 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 266 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 267 of 395 R. Severability. if any provision of this Agreement is found by a court of competent jurisdiction to l e illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. S. Su 'cessors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. T. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by e persons referenced below prior to such ratification or approval shall not be construed as pro f of validity in the absence of Meridian City Council approval. T,,�'1TNESS WHEREOF, the parties hereto have executed this Agreement on the ( I day 0'',019. Brittany Pr ce Plum Uniq�e Events, LLC C,ITV OF MIERIDIAN: BY: Tarrlmy de erd, Ma �r\ �E I� ID�-AHO SEAL PROFTS SION Al I SERVIUFS AGRFFW-,tN '—CONCFR'(' SFRII,C PRODTICTION SFRVICES PAr,F 7 of 7 �dEIDIAN*,,-IZ �J CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-M Project File Name/Number: Item Title: In Accordance with the Previously Approved Interagency Agreement, Approve the Not -To -Exceed Amount of $296,748.51 to pay Ada County Highway District (ACHD) for City Water and Sewer Improvements Constructed on the Linder Road Widening Project between Ustick Road and Chinden Boulevard. ACHD Projects 517024/517032 and City of Meridian Project 10763/10764 Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 6.M. Presenter: Estimated Time f or P resentation: Consent Title of I tem - In Accordance with the Previously Approved Interagency Agreement, Approve the Not-To-Exceed Amount of $296,748.51 to pay Ada County Highway D istrict (AC HD) for C ity Water and Sewer Improvements C onstructed on the L inder Road Widening P roject between Ustick Road and Chinden Boulevard. AC HD Projects 517024/517032 and C ity of M eridian P roject 10763/10764. T he Engineering Division bud geted mo ney in fis c al year 2019 fo r multiple AC HD C oordination P rojec ts. T hese C oordination projec ts were id entified as the “AC HD Linder R d . – Ustick to Mc Millan Utility Imp ro vements P rojec t” and the “AC HD Lind er R d . – C ayus e C reek to C hind en Utility Improvements P ro ject”. AC HD is wid ening Linder R d . and as such, C ity Utility ad justments are nec es s ary. P rio r to P ro jec t Bid d ing, AC HD merged the two road widening pro jec ts into o ne C o ntract. As AC HD will b e ins talling new irrigatio n and s torm water piping und er the ro ad-wid ening p ro ject, C ity water and s ewer infras tructure will b e impac ted , req uiring s o me slight ho rizo ntal and vertic al ad jus tments . A segment of s ewer will be extended s o uth from exis ting s ewer infras tructure, near S awtooth Mid d le S c hool, per the Mas ter P lan to provid e adjac ent properties with ac c es s to necessary sewer infras tructure. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P W C ouncil Memo and A greement Cover Memo 3/26/2019 RE V I E WE RS : Department Reviewer Action D ate P ublic Works.J ohnson, Chris Approved 3/26/2019 - 2:31 P M P ublic Works.B aird, Ted Approved 3/27/2019 - 12:40 P M P ublic Works.Watts, K eith Approved 3/27/2019 - 1:08 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 269 of 395 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 7 0 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 7 1 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 7 2 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 7 3 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 7 4 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 7 5 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 7 6 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 7 7 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 7 8 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 7 9 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 8 0 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 8 1 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 8 2 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 8 3 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 8 4 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 8 5 o f 3 9 5 EXCAVATIf/« NAMPA, ID Owner: CoM Submitted to: Dan Berthe Miller Property Sewer & Water Extension 2817 Brandt Ave Nampa, ID 83687 Idaho State Contractors License #RCE -38764 Idaho Public Works License #020467 - A-4 Project Name: CT219-17 Linder Address: City,State,Zip: Heading Item # Line Item Qty UOM Unit Price Total Connect to Existing Manhole w/Core Drill 1 1 EA $ 5,640.00 $ 5,640.00 8" Sewer Main 2 285 LF $ 74.70 $ 21,289.50 48" Sewer Manhole 3 1 EA $ 4,090.00 $ 4,090.00 8" Reliner Inside Drop Assembly 4 1 EA 1 1 $ 1,960.00 $ 1,960.00 8" Sewer Stub Miller Parcel 5 51 LF $ 44.10 $ 2,249.10 8" T-TypeCleanout 6 1 EA @ $ 1,128.00 $ 1,128.00 Hot Tap Existing Water Main 7 1 EA @ $ 5,060.00 $ 5,060.00 8" Gate Valve 8 1 EA $ 1,177.00 $ 1,177.00 8" C900 DRI 8 Water Main 9 34 LF $ 63.50 $ 2,159.00 2" Blowoff Assembly 10 1 EA $ 1,400.00 $ 1,400.00 Total $ 46,152.60 LZ Excavation LLC � � Authorized Signature 3/22/2019 Eric Bird Date Vice President Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. LZ Excavation LLC is authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature Date M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 8 7 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 8 8 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 8 9 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 9 0 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 9 1 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 9 2 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 9 3 o f 3 9 5 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 , 2 0 1 9 – P a g e 2 9 4 o f 3 9 5 � EIDIAN*,------ IDAHO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-0 Project File Name/Number: Item Title: AP Invoices for Payment 03/22/19 - $36,333.87 Meeting Notes: M" I TEM SHEET C ouncil Agenda I tem - 6.O. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 03/22/19 - $36,333.87 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 3/28/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 3/28/2019 - 2:02 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 297 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ACROSS THE STREET PRODUCTIONS 220/ Blue Card online training, D.Anderson 346.50 01 General Fund ACROSS THE STREET PRODUCTIONS 220/Bluecard, 1 instructor, & 43 CE Renewals, training 4,750.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#251042 Brian Caldwell Child Support Mar 2019 363.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#262519 Tyler Bryner Child Support Feb 2019 1,174.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#311213 Mark A Payne Child Support Mar 2019 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#321962 Michael D Gould Child Support Mar 2019 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#352890 Granville Start Child Support Mar 2019 653.19 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#416457 John S Overton Child Support Mar 2019 328.57 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New exempt plate, 2019 Chevy Equinox, #6244064 23.00 01 General Fund MASTERCARD MC HR#0520 February Statement 2,637.66 01 General Fund SMITH CHEVROLET CO, INC 19-0084 2019 White Chevy Equinox AWD 2GNAXSEV3K6244064 22,481.40 Total 01 General Fund 33,896.03 20 Grant Fund governmental NATIONAL COMMUNITY DEVELOPMENT ASSOCIATION Crystal Cambell Reg Fees CDBG SubRec Mgmt Training BOI 450.00 Total 20 Grant Fund governmental 450.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#326566 Nathan Howell Child Support Mar 2019 299.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#344238 Brian C Kerr Child Support Mar 2019 443.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#352719 Brent J Arte Child Support Mar 2019 420.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#354376 Maria Balderas Edwards Child Support Mar 2019 221.64 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#412750 Dennis Patton Child Support Mar 2019 604.20 Total 60 Enterprise Fund 1,987.84 Report Total 36,333.87 Date: 3/22/19 11:43:40 AM Page: 1Meridian City Council Meeting Agenda April 2, 2019 – Page 298 of 395 (�Q/rEIDIZIAN ,?-- DAHO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-P Project File Name/Number: Item Title: AP Invoices for Payment 03/25/19 - $3,192.29 Meeting Notes: DNA"ti I TEM SHEET C ouncil Agenda I tem - 6.P. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 03/25/19 - $3,192.29 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 3/28/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 3/28/2019 - 2:02 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 299 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ADNAN RUDAN Per Diem: A.Rudan Honor Guard PD Funeral Ellensburg, WA 137.50 01 General Fund ESP PRINTING & MAILING Summer 2019 Activity Guide postage, Qty. 11,035 2,917.29 01 General Fund RYAN RHOADES Per Diem: R.Rhoades Honor Guard PD Funeral Ellensburg, WA 137.50 Total 01 General Fund 3,192.29 Report Total 3,192.29 Date: 3/25/19 11:16:57 AM Page: 1Meridian City Council Meeting Agenda April 2, 2019 – Page 300 of 395 EIDIANI DA C-- HO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 6-Q Project File Name/Number: Item Title: AP Invoices for Payment 04/03/19 - $281,714.71 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.Q. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 04/03/19 - $281,714.71 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 3/28/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 3/28/2019 - 2:03 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 301 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A-1 STAMP & MABEL'S LABELS Generations Plaza plaque engraving-Familia Benavides - qty 1 10.00 01 General Fund A-1 STAMP & MABEL'S LABELS Office Supplies 50.00 01 General Fund ADA COUNTY SHERIFF'S OFFICE Inmate Housing for MPD - February 2019 253.33 01 General Fund ADVANTAGE MACHINE & HYDRAULICS skidsteer attachment repair 219.23 01 General Fund ARROW INTERNATIONAL INC 220/ Medical, EX-IO Power Driver 302.25 01 General Fund ARROW INTERNATIONAL INC 220/Medical, EZIO carrying case, 6 EZIO needles 1,141.20 01 General Fund BATTERIES PLUS Batteries for Patrol 67.50 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517 FY19 Streetlight Maint. 30197C 2/22/19 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517,19-0027 FY18/19 Streetlight Maint.41473C 2/14/19 993.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517,FY19 Streetlight Maint. 40761C 2/22/19 694.85 01 General Fund BOE - Boise Office Equipment XPM547404 Printer Usage 02/22/19 - 03/21/19 216.59 01 General Fund BRIGHT IDEAS LIGHTING COMPANY electrical repairs at Storey Park 355.00 01 General Fund BROWNELLS Impact Duty Firearms Equipment 683.84 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/oil & filter, MF044 70.28 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/oil, filter, rotate tires, MF038 62.75 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC AC Condensor & Engine Oil Cooler Lines for Unit # 140 1,010.48 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Alignment, Ball Joints and Rear AC Condenser for #139 1,582.26 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC battery for truck 22 - license C10914 155.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Billing Error, Credit on # 141, Unit # 101 706.31 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Check Batter, LOF, Air filter for Unit # 157 74.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Billing Error on #8185 - Unit # 101 (706.31) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 15 oil change & snow tire swap - license C16105 103.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 16 oil change & snow tire swap - license C17284 106.30 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 30 oil change & snow tire swap - license C19967 81.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 9 oil change & snow tire swap - license C16014 103.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Align, Tires, Ball Joints, Radiator, Trans Lines & AC 3,011.82 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Rear Brakes, Headlight Bulb for Unit # 129 404.83 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Tires, Rear Shocks for Unit # 151 1,072.85 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change & snow tire swap on fleet truck 20 license C19062 103.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Air Filter for Unit # 158 67.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 103 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 154 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 53 50.00 Date: 3/28/19 12:41:49 PM Page: 1Meridian City Council Meeting Agenda April 2, 2019 – Page 302 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 61 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tires, Alignment for Unit # 101 706.31 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replaced Fuel Door Activator Unit # 99 96.75 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Spark Plugs and Engine Mount for Unit # 40 511.59 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tire replacement Vehicle # 3 146.62 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires for Unit # 129 633.88 01 General Fund CABLE ONE #112461900 City Hall Cable Service 03/16/19 - 04/15/19 45.50 01 General Fund CABLE ONE 220/ Digital device rental - Station #5 5.78 01 General Fund CABLE ONE 220/ Digital device rental Fire Safety Center 2.89 01 General Fund CABLE ONE 220/ Digital device rental Station #2 7.24 01 General Fund CALLBACK STAFFING SOLUTIONS, LLC Support Plan less than 100 users (monthly)39.99 01 General Fund CHAD SOMBKE, PH.D, P.C.Pre Employment Testing 1,200.00 01 General Fund CHAD SOMBKE, PH.D, P.C.Pre-employment testing 400.00 01 General Fund CHARLIE BUTTERFIELD Per Diem: C Butterfield FDIC FIre Dept Int'l Event/Conf 196.00 01 General Fund CHRIS JOHNSON Education Reimbursement C.Johnson 01/14/19-03/10/19 1,500.00 01 General Fund COMMUNICATIONS INTEGRATORS INC Floor power box 178.98 01 General Fund D & B SUPPLY 220/station boot rebuild, J. Overton 264.99 01 General Fund D & B SUPPLY Dog Food for K9 Arco 88.18 01 General Fund D & B SUPPLY Dog Food for K9 Wyatt 95.98 01 General Fund D & B SUPPLY hearing protector - qty 2 33.98 01 General Fund D & B SUPPLY key clips - qty 6 11.94 01 General Fund D & B SUPPLY shovels & shovel handles - qty 19 540.31 01 General Fund DEB MERSCH Per Diem: D.Mersch Conference on Crimes Agains Women Annual 297.00 01 General Fund DIGLINE, INC.FY2019 Streetlight POwer locate as of 2/28/19 780.44 01 General Fund DIGLINE, INC.FY2019 Streetlight Power locates as of 1/31/19 472.56 01 General Fund DISASTER KLEENUP 220/Mitigation services, St. f1 ceiling leak in bathroom 1,575.93 01 General Fund EIDEBAILLY 19-0127 Final bill for prep of 9/30/18 audit fin statements 12,300.00 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 2019 Streetlight LED Upgrade PH1 shield 3/17/19 146.25 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO credit on LED lights for Storey maintenance building x 12 (78.56) 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO LED lights for Storey Chamber building - qty 25 182.50 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO LED lights for Storey maintenance building - qty 12 78.56 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO LED part & lights for Storey Park maintenance building x 11 48.76 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO photocell parts for Gordon Harris Park - qty 7 104.82 Date: 3/28/19 12:41:49 PM Page: 2Meridian City Council Meeting Agenda April 2, 2019 – Page 303 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Install Power Invertor for Drone & Equipment Unit #11 296.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Labor at ERS to Diagnose Airbag Light for Unit # 102 156.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Modifications to Radar Remote Location Unit # 527 312.00 01 General Fund FARWEST STEEL CORPORATION steel for Fuller Park reservation signs - qty 4 119.48 01 General Fund FARWEST STEEL CORPORATION steel for Pine Street backflow enclosures - qty 6 120.36 01 General Fund FARWEST STEEL CORPORATION steel for Pine Street backflow enclosures - qty 7 319.60 01 General Fund FASTENAL COMPANY anchors - qty 100 53.25 01 General Fund FASTENAL COMPANY anchors for bollard installation at Storey Park - qty 20 46.60 01 General Fund FASTENAL COMPANY drill bits - qty 5 52.95 01 General Fund FASTENAL COMPANY maple picnic table hardware - qty 600 109.64 01 General Fund FASTENAL COMPANY nuts & bolts for Lanark Parks Shop - qty 160 24.72 01 General Fund FASTENAL COMPANY screws for Lanark Parks Shop - qty 200 9.60 01 General Fund FERGUSON ENTERPRISES INC.220/new shower heads for St. 1 & 2 350.00 01 General Fund FERGUSON ENTERPRISES INC.repair part for skidsteer attachment - qty 1 10.88 01 General Fund FERGUSON ENTERPRISES INC.toilet seats for Fuller Park - qty 8 190.27 01 General Fund FIRE EXTINGUISHER CO 220/recharge 17 extinguishers, purchase 9 new for apparatus 847.00 01 General Fund FIRE EXTINGUISHER CO 220/recharge 3 extinguishers, St. 2 42.00 01 General Fund FIRE EXTINGUISHER CO 220/recharge 4 extinguishers, ST. 3 42.00 01 General Fund FIRE EXTINGUISHER CO 220/recharge 4 extinguishers, St. 4 42.00 01 General Fund FIRE EXTINGUISHER CO 220/recharge 4 fire extinguishers, ST. 5 42.00 01 General Fund G & R AG PRODUCTS INC jug for tree drench - qty 5 33.71 01 General Fund G & R AG PRODUCTS INC spray boots & gloves - qty 6 27.63 01 General Fund G & R AG PRODUCTS INC wind meters - qty 2 89.90 01 General Fund G & R AG PRODUCTS INC wind meters for spraying - qty 2 89.90 01 General Fund GREEN TOUCH INDUSTRIES weed eater & blower racks for mow trailers & parks 4,815.63 01 General Fund H.D. FOWLER COMPANY parts for tree drench spray wands - qty 6 14.04 01 General Fund HENRY SCHEIN MATRIX MEDICAL 220/Medical Combi-Carrier II 773.29 01 General Fund HOME DEPOT CREDIT SERVICES concrete for Kleiner Park sign posts & spinner - qty 10 41.00 01 General Fund HOME DEPOT CREDIT SERVICES drop spreader & rakes - qty 5 146.40 01 General Fund HOME DEPOT CREDIT SERVICES paint supplies - qty 19 67.12 01 General Fund HOME DEPOT CREDIT SERVICES rakes, hose, nozzles - qty 6 103.86 01 General Fund HORIZON DISTRIBUTORS INC shoulder strap assembly for small engine - qty 1 18.26 01 General Fund IDAHO ASSOC OF BUILDING OFFICIALS IDABO 2019 Membership - Building Services 790.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards - Eli Linan and Permit Techs 92.50 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business cards for Treg A Bernt - qty 1 box - 500 Ea.46.25 01 General Fund IDAHO POWER #2200773816 City Hall Power March 2019 6,131.54 Date: 3/28/19 12:41:49 PM Page: 3Meridian City Council Meeting Agenda April 2, 2019 – Page 304 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO POWER #2205054725 PD Power March 2019 3,288.50 01 General Fund IDAHO POWER #2224444402 Fuller Park Power March 2019 917.45 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice - 03/15/19 Shelburn Subdivision - Ord# 19-1813 251.82 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice - 03/15/19 Trilogy Subdivision 68.82 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice-03/15/19-Ada County Right of Way-Ord#19-1814 89.57 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice-03/15/19-Stapleton Subdivision 65.86 01 General Fund INDEPENDENCE INDOOR SHOOTING 19-267 Indoor Shooting Range Monthly Membership March 2019 4,515.00 01 General Fund INTERIOR SYSTEMS, INC.PD Admin Men's Locker Room Privacy Improvement 5,298.00 01 General Fund INTERMOUNTAIN GAS 0981623008 MARCH 2019 6,811.78 01 General Fund INTERSTATE ALL BATTERY CENTER batteries for wind meters - qty 4 9.00 01 General Fund INTERSTATE ALL BATTERY CENTER battery for Toro sprayer - qty 1 113.40 01 General Fund JACOB SIMON Per Diem: J.Simon, Western States Hostage Neg. Assoc. 213.50 01 General Fund JEFF FULLER Per Diem: J.Fuller, Western States Hostage Neg Assoc Annual 213.50 01 General Fund JOE BONGIORNO Per Diem: J. Bongiorno, IAAI Conf., Jacksonville FL,302.50 01 General Fund JOHN S OVERTON Per Diem: J. Overton, IAAI Conf., Jacksonville FL,302.50 01 General Fund KATHY DRURY-BOGLE, PHR 2019 Who Moved My Cheese team-building facilitator fee 550.00 01 General Fund KENDALL SUPERSTORE Belts for Unit # 122 223.72 01 General Fund KEVIN FEDRIZZI Per Diem: K Fedrizzi FDIC Fire Dept Int'l Event/Conference 196.00 01 General Fund KNOX COMPANY 220/One masterlock knoxbox MF009, bracket 911.00 01 General Fund LAURIE MCELROY instructor fee - Yoga 1/5-3/14/19 - qty 67 3,028.00 01 General Fund LAURIE MCELROY instructor fee - Yoga 1/5-3/9/19 - qty 7 280.00 01 General Fund LAWN CO MAINTENANCE Main St. island pot replacement from drunk driver PD#18-8647 7,200.00 01 General Fund LAWN CO MAINTENANCE repairs to ADA concrete repairs at various parks 5,750.00 01 General Fund LES SCHWAB TIRE CENTER tires for mower #10 - qty 2 243.98 01 General Fund LES SCHWAB TIRE CENTER tires for RTV900 Kubota - qty 4 702.00 01 General Fund LS REFEREEING 19-0050 basketball officials 3/11-3/14/19 - qty 12 teams 750.00 01 General Fund LS REFEREEING 19-0050 basketball officials 3/4-3/8/19 - qty 15 teams 937.50 01 General Fund M.D. WILLIS, INC.19-0041-FY19 Steno Svcs for City Council 02/21/19-03/26/19 1,896.00 01 General Fund MARK NIEMEYER Per Diem:M.Niemeyer,1st Responders Mental Health & Wellness 137.50 Date: 3/28/19 12:41:49 PM Page: 4Meridian City Council Meeting Agenda April 2, 2019 – Page 305 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund MARSHALL INDUSTRIES 25wx1@70/100v, Installation Services Fixed CallNO:63615 339.19 01 General Fund MERIDIAN CHAMBER of COMMERCE Chamber Economic Excellence Forum, R.Simison 3/19/19 25.00 01 General Fund MERIDIAN HIGH SCHOOL Donation: Meridian High for State of City Performance 500.00 01 General Fund METROQUIP, INC.hose fill parts & labor for Smithco sprayer - qty 37 172.82 01 General Fund METROQUIP, INC.hydrant wrench - qty 1 17.16 01 General Fund MINUTEMAN, INC.keys for seasonal staff 134.50 01 General Fund MOTION & FLOW CONTROL PRODUCTS firehose repair parts for Storey Bark Park - qty 2 20.40 01 General Fund MOTION & FLOW CONTROL PRODUCTS irrigation fittings & hose for Heroes Park - qty 24 40.39 01 General Fund MOTION & FLOW CONTROL PRODUCTS parts for ice melt tank - qty 7 53.09 01 General Fund MOUNTAIN HOME AUTO RANCH 19-0108 220/Ford F-550, MF047 VIN#95429 38,922.53 01 General Fund NATIONAL TESTING NETWORK 220/ Testing fee for new FF positions - NTN 1,500.00 01 General Fund NESMITH BROTHERS TOWING Tow Unit # 29 to Kendall ford 75.00 01 General Fund NESMITH BROTHERS TOWING Unit # 122 Tow to Kendall 75.00 01 General Fund NESMITH BROTHERS TOWING Unit # 37 Tow to PD 75.00 01 General Fund O'REILLY AUTO PARTS 220/St. 2, tools, pliers, screwdrivers 24.98 01 General Fund OFFICE DEPOT, INC.220/ 1 toner for FSC 118.39 01 General Fund OFFICE DEPOT, INC.220/ Office Supplies, tray, fasteners, vinyl letters 44.32 01 General Fund OFFICE DEPOT, INC.220/toner for FSC, pens 125.79 01 General Fund OFFICE DEPOT, INC.220/Whiteboard for the PSTC front area 41.57 01 General Fund OFFICE DEPOT, INC.Avery Tabs & 3/8 inch binding combs 26.38 01 General Fund OFFICE DEPOT, INC.Badge holders Plan Review department 13.38 01 General Fund OFFICE DEPOT, INC.Copy Paper 58.16 01 General Fund OFFICE DEPOT, INC.corkboard for Lanark Parks Shop - qty 1 94.99 01 General Fund OFFICE DEPOT, INC.Credit Memo-Inv#288381779001 2 chairs C.Campbell & S.Leonard (194.80) 01 General Fund OFFICE DEPOT, INC.desk pad, pencil lead, mechanical pencils - qty 3 25.02 01 General Fund OFFICE DEPOT, INC.file cabinet frames & hanging files - qty 4 boxes 41.54 01 General Fund OFFICE DEPOT, INC.Hanging files, batteries 13.98 01 General Fund OFFICE DEPOT, INC.legal note pads for Lanark Parks Shop - qty 2 dozen 20.12 01 General Fund OFFICE DEPOT, INC.Office and Employee Development Programs Training Supplies 226.19 01 General Fund OFFICE DEPOT, INC.Office Supplies 124.86 01 General Fund OFFICE DEPOT, INC.Office Supplies; Mayors Office: Post it's, Newsletter Paper 207.70 01 General Fund OFFICE DEPOT, INC.paper plates for office 8.74 01 General Fund OFFICE DEPOT, INC.paper, 2 chairs, sharpies, dry erase holder(CD10) & pens 1,041.88 01 General Fund OFFICE DEPOT, INC.Pen, Pearl, Fine BK 1.38 Date: 3/28/19 12:41:49 PM Page: 5Meridian City Council Meeting Agenda April 2, 2019 – Page 306 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund OFFICE DEPOT, INC.printer toner for Lanark Parks Shop - qty 4 353.73 01 General Fund OFFICE DEPOT, INC.Staple, 1/4, 15-25sht, 50, Paper, X-9 11 20BL, 10CA, Plate, 39.61 01 General Fund OFFICE TEAM 19-0067-w/e 3/8/19 John Hale Temp Svs-Records Retention 351.31 01 General Fund OFFICE TEAM 19-0165 Temporary Permit Techs for Building Dept. S. Kaiser 847.28 01 General Fund OFFICE TEAM 19-0165 Temporary Permit Tech for Building Dept. S.Kaiser 858.00 01 General Fund OFFICE TEAM Contracted Labor for S. Householder Week End 03/08/19 672.00 01 General Fund OFFICE VALUE - MERIDIAN Envelopes, Index Cards, Ink, Note Pads& Paper, Plates for PD 709.82 01 General Fund OFFICE VALUE - MERIDIAN Forks, Spoons, White Board, Magnets and Markers for PD 317.47 01 General Fund OFFICE VALUE - MERIDIAN Ink, Pens, Paperclips, Paper & Lanyards, Plates & Bowls 496.84 01 General Fund OXARC, INC.220/refill 2 medical oxygen cylinders 18.11 01 General Fund POSITIVE CONCEPTS E-Cite Paper For Tickets 195.00 01 General Fund SECURITY GATE SYSTEMS, LLC Adjustment to West Gate at PD Admin 75.00 01 General Fund SIGNS, ETC Design & Graphics Install on Bike-Unit # 527 259.00 01 General Fund SIGNS, ETC Homecourt sign lamp installation 381.28 01 General Fund SILVER CREEK SUPPLY DC latching solenoids for master valves at 8th St. Park x 2 73.84 01 General Fund SILVER CREEK SUPPLY pipe for MYB dugouts - qty 8 77.70 01 General Fund SLHS SERVICE AREA Pre Employment Testing 272.00 01 General Fund SURVEYMONKEY Department Survey Membership 360.00 01 General Fund SYNCB/AMAZON sharpies, dry erase set (Eli)45.77 01 General Fund Tami J Leach instructor fee - Pickleball 2/14-3/7/19 - qty 8 384.00 01 General Fund THE UPS STORE Postage to mail Batons back for Warranty Repair 16.34 01 General Fund THE UPS STORE Postage to Mail Camera back for Replacement 16.26 01 General Fund THE UPS STORE Postage to mail SWAT Pants for Exchange 11.14 01 General Fund THE UPS STORE Postage to Send Batons back for Warranty 13.37 01 General Fund THE UPS STORE Postage to Send BWC back for Replacement 40.08 01 General Fund THE UPS STORE Postage to Send BWC for Replacement 16.26 01 General Fund THE UPS STORE Postage to Send Evidence to Lab 47.02 01 General Fund TONY CHANCE Education Reimbursement T.Chance 01/07/19-03/03/19 860.00 01 General Fund TONY FORD Per Diem: T.Ford, Western States Hostage Neg. Assoc 213.50 01 General Fund TROPHY HOUSE PROS MPD Command Staff Plaque 104.95 01 General Fund TRUEPOINT SOLUTIONS LLC TruePoint Services - February Meridian Support 3,375.00 Date: 3/28/19 12:41:49 PM Page: 6Meridian City Council Meeting Agenda April 2, 2019 – Page 307 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund UNIFORMS 2 GEAR Ferronato Honor Guard Coat 525.00 01 General Fund UNIFORMS 2 GEAR Josh Shackelford Pants - Replaced, damaged on duty 83.72 01 General Fund UNIFORMS 2 GEAR Kenny Honor Guard Coat 525.00 01 General Fund UNIFORMS 2 GEAR Kortan Gloves & Holster for Honor Guard 157.88 01 General Fund UNIFORMS 2 GEAR Kortan Honor Guard Coat 525.00 01 General Fund UNIFORMS 2 GEAR Rhoades Honor Guard Coat 525.00 01 General Fund WEIDNER & ASSOCIATES 19-0173 220/78 pr structure gloves, PPE x qnty 78 5,362.63 01 General Fund WEIDNER & ASSOCIATES 19-0173 220/orange webbing, PPE uniform pocket straps rescue 276.24 01 General Fund WIENHOFF & ASSOCIATES, INC 19-0166;2-6-19 to 2-26-19 PreEmploymnt Background Testing 1,455.00 01 General Fund WIENHOFF & ASSOCIATES, INC PO19-0166 Drug/Alcohol Testing for Dec. 2018 300.00 01 General Fund WIENHOFF & ASSOCIATES, INC Pre Employment Testing 60.00 01 General Fund ZAMCO TECHNOLOGIES powder coat light bar & irrigation box cover 235.00 Total 01 General Fund 163,318.11 07 Impact Fund FASTENAL COMPANY hardware for Discovery Park bench - qty 1 64.20 07 Impact Fund FASTENAL COMPANY picnic table hardware for Discovery Park - qty 2,100 347.83 07 Impact Fund PACIFIC STEEL & RECYCLING Discovery Park bench decor - qty 2 9.83 Total 07 Impact Fund 421.86 20 Grant Fund governmental NATIONAL COMMUNITY DEVELOPMENT ASSOCIATION Crystal Campbell Reg Fees NCDA Conf Jacksonville, FL 550.00 Total 20 Grant Fund governmental 550.00 60 Enterprise Fund A COMPANY INC WRRF Cap.Exp. porta potty rental 2/4-3/3/19 99.63 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Color Ink Pads for Trodat 5440 & 4750/MUBS Maria E. & Pam L. 15.00 60 Enterprise Fund AIC CITY ADMINISTRATORS ASSOCIATION IPWP Membership dues Dale Bolthouse 40.00 60 Enterprise Fund ANDRITZ SEPARATION, INC Metric L-cogged power v-belt (5 pc)244.46 60 Enterprise Fund ANGIE WILCH Per Diem, A.Wilch, 2019 ABPA Conf.Backflow Prevention 196.00 60 Enterprise Fund BOE - Boise Office Equipment Magenta Toner for Operator Room Qty 1 115.86 Date: 3/28/19 12:41:49 PM Page: 7Meridian City Council Meeting Agenda April 2, 2019 – Page 308 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund BRIAN KERR Per Diem: B.Kerr, Utility Mgmt Cert, Moscow, ID 192.50 60 Enterprise Fund CUSTOM GATE AUTOMATION Labor to repair main entrance gate (2 hrs)175.00 60 Enterprise Fund D & B SUPPLY FV Wheel Pack, Safety Knee Pads Qty 3 59.97 60 Enterprise Fund D & B SUPPLY Hi-Vis rain pants for DDeighton & storage box (2 qty)94.48 60 Enterprise Fund D & B SUPPLY Steel Toe Boot M. Moriera Qty 1 143.99 60 Enterprise Fund D & B SUPPLY Winged cap for landscaping sprayer 3.99 60 Enterprise Fund EDGE ANALYTICAL, INC.NPDES testing 92.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Credit for double payment on invoice#L0436101 (202.00) 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC FY19 Water Testing Quarter 1 Samples Well 30 1,181.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Quarterly Samples Well 29 Qty 14 1,181.00 60 Enterprise Fund FASTENAL COMPANY Fender washers (25 qty)6.02 60 Enterprise Fund FASTENAL COMPANY Hex Cap Screw, Split Lock Washer Qty 8 3.51 60 Enterprise Fund FASTENAL COMPANY Nitrile textured industrial gloves w/cuff-size XLG (1,000) 160.70 60 Enterprise Fund FASTENAL COMPANY Replacement boot brushes (12 qty)303.60 60 Enterprise Fund FASTENAL COMPANY Safety glasses 5.47 60 Enterprise Fund FERGUSON ENTERPRISES INC.19-0183 2inch OMNI C2 Qty 2, 1.5inch OMNIC2 Qty 3 6,847.82 60 Enterprise Fund FERGUSON ENTERPRISES INC.Brass Nipple, Brass Coupler, Brass Ball Valve Qty 23 453.21 60 Enterprise Fund FERGUSON ENTERPRISES INC.Coupler, Elbow Bib, Copper Pipe Qty 78 306.73 60 Enterprise Fund FERGUSON ENTERPRISES INC.Hydrant Wrench Qty 1 27.50 60 Enterprise Fund FERGUSON ENTERPRISES INC.Hydrant Wrench Qty 5 137.50 Date: 3/28/19 12:41:49 PM Page: 8Meridian City Council Meeting Agenda April 2, 2019 – Page 309 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund FERGUSON ENTERPRISES INC.Meter Vault, Manhole Cover Qty 6 766.82 60 Enterprise Fund FERGUSON ENTERPRISES INC.Parts to add suction line to centrate tanks 1 & 2 (16 qty) 1,331.49 60 Enterprise Fund FERGUSON ENTERPRISES INC.VGB Meter Reading Equipment Repair 481.64 60 Enterprise Fund GOODWAY TECHNOLOGIES CORP Boiler tube brush (2 qty)43.38 60 Enterprise Fund H.D. FOWLER COMPANY Credit for return of Spanner Wrench Qty 4 Ref I5079511 (273.10) 60 Enterprise Fund H.D. FOWLER COMPANY Spanner Wrench for Hydrant Qty 4 273.10 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Brooms & dust pans (7 qty)67.79 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Trash cans & shovels (8 qty)127.78 60 Enterprise Fund I. KRUGER INC.19-0043 Kruger filter media panels (508 qty)71,991.01 60 Enterprise Fund INTERMOUNTAIN GAS 0981623008 MARCH 2019 10,195.87 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER AA batteries (1 pkg)8.55 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Battery & lugs for Maintenance truck C9868 (6 qty)154.45 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Battery for Water truck C11477 75.87 60 Enterprise Fund LAWN CO MAINTENANCE 19-0221; Well Lawn Grounds Maing for March 2019 1,773.42 60 Enterprise Fund MARCOS HERNADEZ Per Diem:M.Hernanez, Utility Mgmt Cert, Moscow, ID 192.50 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Cap Exp Special Insp 2/17-3/2/19 1,539.60 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades spec.insp 2/17-3/2/19 152.40 60 Enterprise Fund METROQUIP, INC.Female Cam Loc, Male Cam Loc Qty 6 52.58 60 Enterprise Fund METROQUIP, INC.Flange parts for hoses (3 qty)152.56 60 Enterprise Fund MINUTEMAN, INC.Keys w/hardware & locks (14 qty)155.70 Date: 3/28/19 12:41:49 PM Page: 9Meridian City Council Meeting Agenda April 2, 2019 – Page 310 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Brass Male Valve, SS Quick Connector Tips Qty 25 242.22 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0388 Water Quality Analysis Feb 2019 Progress Report 5,880.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Camlok couplers (18 qty)151.68 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Cut off Wheel Qty 5 10.15 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Electrical connections for 5yr maintenance on pump 2 (3 qty) 15.03 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Layout spray for maintenance shop (6 qty)43.92 60 Enterprise Fund O'REILLY AUTO PARTS Battery terminal & terminal protectant (2 qty)7.48 60 Enterprise Fund OFFICE DEPOT, INC.Card stock 11.13 60 Enterprise Fund OFFICE DEPOT, INC.Hanging files, batteries 18.12 60 Enterprise Fund OFFICE DEPOT, INC.Pens for Lab (1 bx)10.81 60 Enterprise Fund OFFICE DEPOT, INC.Toner cartridge 118.39 60 Enterprise Fund OFFICE VALUE - MERIDIAN Binders, copier paper & push pins plus wireless mouse (8 qty 182.21 60 Enterprise Fund OFFICE VALUE - MERIDIAN Copy Paper Qty 2 85.36 60 Enterprise Fund OFFICE VALUE - MERIDIAN Stapler Mini Qty 1 7.28 60 Enterprise Fund OLYMPUS TECHNOLOGIES, INC.Mixer cap to replace worn off cap on mixer 1, digester 5 755.00 60 Enterprise Fund OXARC, INC.19-0010 Soduim Hypochlorite Delivery Qty 1500 gl 2,490.00 60 Enterprise Fund OXARC, INC.19-0010 Soduim Hypocholorite Delivery Qty 2125gl 3,508.75 60 Enterprise Fund PLATT ELECTRIC SUPPLY Outdoor vibrating horn 124.18 60 Enterprise Fund PLATT ELECTRIC SUPPLY Pole mount kit 40.02 60 Enterprise Fund PLATT ELECTRIC SUPPLY portable cords, screw cover, panel for junction box (165 qty 189.22 Date: 3/28/19 12:41:49 PM Page: 10Meridian City Council Meeting Agenda April 2, 2019 – Page 311 of 395 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund PLATT ELECTRIC SUPPLY Strut & washer to install suction lines (110 qty)123.67 60 Enterprise Fund POSTNET Postage & Mailing Backflow Letters Qty 314 59.25 60 Enterprise Fund POSTNET Postage & Mailing Backflow Ltrs Qty 610 124.75 60 Enterprise Fund SILVER CREEK SUPPLY Flanges, ball valves & stream nozzle for hoses 220.31 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Hard hats (3 qty)72.00 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Male threadxbarb 80 PVC & PVC bulk head adapter (7 qty) 72.20 60 Enterprise Fund SYNCB/AMAZON Flash drives for the department 54.27 60 Enterprise Fund SYNCB/AMAZON Lanyards & Reel Holder Qty 6 34.94 60 Enterprise Fund SYNCB/AMAZON PWW - Expo Eng booth balloon cars 1 set 20.51 60 Enterprise Fund T-ZERS SHIRT SHOP Embroidery on hi-vis shirts for TParks & DPereira (13 qty) 78.00 60 Enterprise Fund THE UPS STORE Process sample shipping 85.92 60 Enterprise Fund USA BLUEBOOK Reagent Set, Iron Reagent, Synthetic Grease, Sample Cells, I 928.97 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB576316 b/w (2,450 qty) & color (116 qty) images 18.05 60 Enterprise Fund XYLEM DEWATERING SOLUTIONS, INC.Stationary wear ring 492.60 Total 60 Enterprise Fund 117,424.74 Report Total 281,714.71 Date: 3/28/19 12:41:49 PM Page: 11Meridian City Council Meeting Agenda April 2, 2019 – Page 312 of 395 E IDIA L H� CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 7 Project File Name/Number: Item Title: Items Moved From The Consent Agenda Meeting Notes: q r' IDIAN?- CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: -6--N -7 r (� Project File Name/Number: Item Title: FY2019 Fund Balance Transfers Meeting Notes: Rf APPROVEO %mer - 0,0 I TEM SHEET C ouncil Agenda I tem - 6.N. Presenter: Estimated Time f or P resentation: Title of I tem - F Y 2019 F und Balance T ransfers C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 3/6/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/6/2019 - 12:21 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 295 of 395 Interoffice Memo 4/2/2019 To: Mayor Tammy de Weerd, Council President Joe Borton, Council Vice President Luke Cavener, Councilman Treg Bernt, Councilman Genesis Milam, Councilman Anne Little Roberts, Councilman Ty Palmer, From: Todd Lavoie, Chief Financial Officer Ref: Approval Fund Balance Transfer • The below request is an annual process performed by the Chief Financial Officer to propose considerations for the transferring of Fund Balance dollars between funds. o The request is proposed annually after the Audited Financial Report is presented to Council stating the actual changes to Fund Balance for the prior fiscal year. • Request #1 is an annual proposal directed by Ordinance 1-9-3(L)(3)(c) o c. Excess Revenue Development Services Operations: When revenues for the building and planning departments exceed their expenses, and a minimum of a four (4) month operating reserve has been covered, that excess may be transferred into the capital improvement fund. 1. Request Council approval of an Interfund Transfer in the amount of: a. $3,251,404 (Three Million Two Hundred Fifty-One Thousand Four Hundred and Four dollars) i. Transfer of excess revenues generated in FY2018 by the Community Development Department to the Capital Improvement Fund following Ordinance 1-9-3(L)(3)(c). Meridian City Council Meeting Agenda April 2, 2019 – Page 296 of 395 CjQ�rE IDA*,---.,IN CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 8-A Project File Name/Number: Item Title: Mayor's Youth Advisory Council Update and Participatory Budgeting Proposal and Request Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time f or P resentation: 10 min Title of I tem - M ayor's Youth Advisory Council Update and P articipatory Budgeting P roposal and Request MYA C will present C ouncil with their participatory budgeting proposal and seek approval to move forward with the request. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P resentation P resentation 4/2/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 3/29/2019 - 10:40 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 313 of 395 NIL --2 ..... ..... ..... .... .... THURSDAY, APRIL 4 Do something kind for the person to your right. Start a movement of compassion and kindness. PRESENTED BY: Idaho ���M.°"n Central' yeketi AA,E—d --H CREDIT UNION MYAC Update March 2, 2019 www.meridiancity.orgMeridian City Council Meeting Agenda April 2, 2019 – Page 314 of 395 Participatory Budgeting www.meridiancity.org •Project Proposal Meridian City Council Meeting Agenda April 2, 2019 – Page 315 of 395 National League of Cities Youth Delegates Conference www.meridiancity.org March 10 -12 Meridian City Council Meeting Agenda April 2, 2019 – Page 316 of 395 Jaelahna Coursey www.meridiancity.org •Teen Activities Committee Vice Chair •National League of Cities Attendee Meridian City Council Meeting Agenda April 2, 2019 – Page 317 of 395 Amber Graves www.meridiancity.org •Government Affairs Vice Chair •National League of Cities Attendee Meridian City Council Meeting Agenda April 2, 2019 – Page 318 of 395 Go Red For Women www.meridiancity.org •MYAC is partnering with the American Heart Association. •Go Red for Women Luncheon –MYAC will have a booth highlighting their Dutch Bros. CPR Day! Meridian City Council Meeting Agenda April 2, 2019 – Page 319 of 395 Elections www.meridiancity.org •MYAC Executive Council elections will be held on Monday, April 22nd Meridian City Council Meeting Agenda April 2, 2019 – Page 320 of 395 Suicide Prevention Run www.meridiancity.org •May 11th at Kleiner Park •Watch for more details! Meridian City Council Meeting Agenda April 2, 2019 – Page 321 of 395 CjQ/rE IDIAN 1* DAHO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 8-13 Project File Name/Number: Item Title: Public Hearing for Proposed Parks Fees Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for P roposed P arks F ees C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P roposed F ee S chedule Cover Memo 3/15/2019 Resolution Resolution 3/15/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/29/2019 - 10:15 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 322 of 395 CITY OF MERIDIAN RESOLUTION NO. 19-2134 BY THE CITY COUNCIL: BERNT, BORTON, CAVE, NE LITTLE ROBERTS MILAM, PALMER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on Mar. 22, 2019 and Mar. 29, 2019, according to the requirements of Idaho Code section 63-1311A, on Apr. 2, 2019, the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the 2019 Summer Fee Schedule of the Meridian Parks and Recreation Department, as set forth in ExhibitA hereto, is hereby adopted. Section 2. That the fees adopted for the 2019 Winter/Spring Activity Guide shall remain in effect as to those classes until such classes are concluded, at which point the fees set forth in Exhibit A hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 2rjday of Apr. 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 2 t' e day of Apr. 2019. APPROVED: Tammy deeer , i= Go�Q0"TEDAtj ATTEST: 3 tjr PIAN* C. ay Col Crty Clerk xIDAHO SEAL,14, rhe TREASV�� �P ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE i OF 3 City Council Meeting April 2, 2019 #2.1a -All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1.The Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. The Applicant requests 100’ is measured from adjacent residential structures, rather than district. #2.1c -If an outdoor speaker system(s) is proposed, the location of such shall be depicted on the plans at least 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. The Applicants requests a waiver from this standard as allowed by the UDC through a CUP. In the alternative of a waiver, the Applicant requests the 100’ is interpreted to be from adjacent residential structures, rather than district. #2.1d -The outdoor event or activity center, which includes but is not limited to the swimming pools, shall not be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2. The Applicant requests earlier hours of operation of 5 am instead of 6 am for outdoor activities (Mon-Fri seasonally); and waiver of 50’ setback. The UDC does not allow for a waiver of the setback standard. (Note: The southern swimming pool is located 70+/-’ from the property line but the lounge area is within 20’ of the property line.) #2.2 -The hours of operation of the athletic club and spa are limited to the hours between 4:00 am and midnight (12:00 am) for indoor activities and 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm as approved with this application. The Applicant requests earlier hours of operation for outdoor activities of 5 am instead of 6 am (Mon-Fri seasonally) consistent with #2.1d. #2.10 -The Applicant shall work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot. The Applicant requests the following text is added, “if permitted by ACHD” in the event ACHD will not allow a crosswalk. Staff is amenable to this change. Submitted with Application Existing Concept Plan Proposed Concept Plan Conceptual Building Elevations Changes to Agenda: o Item #8C: Stapleton Subdivision (H-2018-0129) – Applicant requests continuance to May 7th Item #8D, E & F: Villasport CR, MDA, VAR (H-2019-0011, H-2018-0121, H-2019-0032) Size of property, existing zoning, and location: This site consists of 11.39 acres of land, zoned C-G, located at the SWC of N. Eagle Rd. and E. Ustick Rd. History: This property was annexed in 2005 with a DA (Sadie Creek Commons). The previously approved conceptual development plan was for a mixed use development consisting of 150,000 square feet of commercial retail, restaurant and office uses on 15.33 acres of land; three (3) accesses were approved via E. Ustick Rd. and one right-in/right-out was approved via N. Eagle Rd. The provisions in the DA pertain to that development plan and is applicable to the subject property as well as the out-parcel at the northeast corner of this site. Comprehensive Plan FLUM Designation: MU-R Application(s):  City Council Review of the Commission’s Decision on the CUP as follows:  #2.1a - All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1. The Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. The Applicant requests 100’ is measured from adjacent residential structures, rather than district. (The UDC does not allow for a different interpretation of this standard; therefore, a Variance is requested.)  #2.1c - If an outdoor speaker system(s) is proposed, the location of such shall be depicted on the plans at least 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. The Applicants requests a waiver from this standard as allowed by the UDC through a CUP. In the alternative of a waiver, the Applicant requests the 100’ is interpreted to be from the adjacent residential structures, rather than district.  #2.1d - The outdoor event or activity center, which includes but is not limited to the swimming pools, shall not be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2. The Applicant requests earlier hours of operation of 5 am instead of 6 am for outdoor activities (Mon-Fri seasonally); and waiver of 50’ setback. (The UDC does not allow for a waiver of the setback standard ; therefore, a Variance is requested.)  #2.2 - The hours of operation of the athletic club and spa are limited to the hours between 4:00 am and midnight (12:00 am) pm for indoor activities and 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm as approved with this application. The Applicant requests earlier hours of operation for outdoor activities of 5 am instead of 6 am (Mon-Fri seasonally) consistent with #2.1d.  #2.10 - The Applicant shall work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot. The Applicant requests the following text is added, “if permitted by ACHD” in the event ACHD will not allow a crosswalk. Staff is amenable to this change.  Development Agreement Modification to remove the subject property from the terms of the existing agreement for Sadie Creek Commons and enter into a new agreement for the proposed development. o The new conceptual development plan and building elevations depict a 99,000+/- square foot 2-story building for an athletic club and spa and a 15,300+/- square foot retail building; associated parking for the proposed uses is also depicted.  Variance o UDC 11-4-3-2A.1: “All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of 100 feet from any abutting residential districts.” The adult lap pool, concrete pool deck and turf area depicted on the site plan are within 100’ of the residential district to the south which adjoins the southern property line at 6’ to the pool deck area and 11’ to the turf area. Staff believes the intent of the standard is to have a minimum 100’ separation between residential & outdoor recreation uses. If the setback were measured from the nearest residential property line, the setback to the pool deck would be 77’ & to the turf area would be 60’ per the revised plan submitted by the Applicant. Staff recommends Council examine the intent of this standard when considering the variance request. Some other unique factors: 1) The residential zoning in this area is not typical in that it stretches from the residential area to the south across the street & includes a common area which abuts this site. Typically, zoning goes to the centerline of adjacent streets. This irregularity creates a wider setback than would normally be required for outdoor recreation uses on this site. 2) The Milk Lateral bisects this site and lies to the north of the proposed building which restricts the development area of this site and creates a hardship. o UDC 11-4-3-2A.2: “No outdoor event or activity center shall be located within 50 feet (50’) of any property line and shall operate only between the hours of six o’clock (6:00) AM and eleven o’clock (11:00) PM.” The adult lap pool, concrete pool deck and the outdoor turf area depicted on the site plan are within 50’ of the southern property line at approximately 11’ to the turf area and 6’ to the pool deck area; the Applicant requests a reduction in the setback accordingly. Again, Staff believes the intent of this requirement is to have a 50’ separation between the adjacent property line/use and the outdoor activity center which in this case is greater than 50’. Staff recommends Council consider the intent of this standard when considering the variance request. In order to grant a Variance, Council must make the following Findings:  The variance shall not grant a right or special privilege that is not otherwise allowed in the district;  The variance relieves an undue hardship because of characteristics of the site;  The variance shall not be detrimental to the public health, safety, and welfare. If Council finds granting the proposed Variance is appropriate, additional buffering measures such as an 8-foot tall fence or wall and/or dense landscaping consisting of a mix of conifers and deciduous trees and shrubs should be considered as mitigation to further buffer the adjacent residential uses. Written Testimony: Jeff Vrba, VP of the Jackson Square HOA (against proposed development); David Durfee & Steve Grant (both against hours of operation earlier than 6 am) Staff Recommendation: Approval of the DA modification; denial of the Variance application. Outstanding Issue for Council: Access is proposed via Centrepoint Way along the project’s west boundary from Ustick Rd. & from Cajun Ln. to the south; another access is also proposed at the NEC of the site via Ustick Rd., an arterial street, which requires Council approval of a waiver to UDC 11-3A-3, which limits access via arterial streets. Council should include a decision on the waiver in their motion. Notes: Possible Motion: After considering all staff, applicant and public testimony, I move to approve/deny (Council Review) File Number H-2019-0011 as presented during the hearing; approve/deny (DA modification) H-2018-0121 as presented in the staff report; & approve/deny (Variance) H-2019-0032 as presented during the hearing on April 2, 2019: (Add any proposed modifications to conditions) 77E IDLAN*--IDAHO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 8-C Project File Name/Number: H-2018-0129 Item Title: Public Hearing for Stapleton Subdivision (H-2018- 0129) by Stapleton, LLC, Located at the SW corner of S. Meridian Rd./SH 69 and W. Harris St. Meeting Notes: Continued to May 7. 2019 I TEM SHEET C ouncil Agenda I tem - 8.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for S tapleton Subdivision (H-2018-0129) by S tapleton, L L C, L ocated at the S W corner of S . M eridian Rd./S H 69 and W. Harris S t. C lic k Here for Applic ation Materials Applicant requests continuance to May 7, 2019 C ouncil Notes: Applicant is requesting a continuance to May 7. RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/27/2019 - 1:06 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 330 of 395 ( /�/j E IDIAN*,-----IDAHO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 8-13 Project File Name/Number: H-2019-0011 Item Title: Public Hearing Continued from February 19, 2019 for Villasport (H- 2019-0011) by Sadie Creek Commons, LLC, Located the SW Corner of E. Ustick Rd. and N. Eagle Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from F ebruary 19, 2019 for Villasport (H-2019-0011) by Sadie C reek Commons, L L C , L ocated the S W Corner of E . Ustick Rd. and N. E agle Rd. C lic k Here for Applic ation Materials C lic k Here for H-2018-0121 P rojec t F older C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes from Planning and Z oning Commission (H-2018- 0121)B ackup Material 1/24/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/29/2019 - 8:19 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 331 of 395 EAGLE & USTICK DEVELOPMENT Meridian City Council | April 2, 2019 E A G L E & U S T I C K D E V E L O P M E N T Vicinity Map E A G L E & U S T I C K D E V E L O P M E N T Vicinity Map E A G L E & U S T I C K D E V E L O P M E N T FLUM E A G L E & U S T I C K D E V E L O P M E N T Unified Development Code E A G L E & U S T I C K D E V E L O P M E N T 2005 DA Concept Plan Property zoned C-G: •150,282 SF retail and restaurant •Trash dumpsters •Truck loading docks adjacent to southern property line and residential uses •Back up beepers no limit on timing of deliveries in the mornings and night •65 ft tall building height E A G L E & U S T I C K D E V E L O P M E N T Conceptual Site Plan E A G L E & U S T I C K D E V E L O P M E N T Site Photos E A G L E & U S T I C K D E V E L O P M E N T Site Photos E A G L E & U S T I C K D E V E L O P M E N T Site Photos E A G L E & U S T I C K D E V E L O P M E N T Site Photos E A G L E & U S T I C K D E V E L O P M E N T Site Photos E A G L E & U S T I C K D E V E L O P M E N T Site Photos E A G L E & U S T I C K D E V E L O P M E N T Vicinity Map E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSpa E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaCafe E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T VillaSport E A G L E & U S T I C K D E V E L O P M E N T Site Constraints E A G L E & U S T I C K D E V E L O P M E N T Conceptual Site Plan Skyrocket Juniper -15-20’ Ht, 3-ft Wide Columnar Norway Spruce -20-ft Ht, 5-ft E A G L E & U S T I C K D E V E L O P M E N T Umbrellas E A G L E & U S T I C K D E V E L O P M E N T Dimensions from Edge of adult lap pool E A G L E & U S T I C K D E V E L O P M E N T Summary H-2019-0011 Council Review of CUP H-2018-0121, H-2018-0121 Development Agreement Modification, H-2019-0032 Variance •All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of six feet from any abutting residential district. •Outdoor speakers are proposed. Speakers within 100’ of residential districts will be depicted on the CZC plans, will be directed away from residential structures, and will be limited to 9am to 9pm. •The outdoor event or activity center, shall maintain a minimum setback of six feet from any property line and shall operate only between the hours of 5am and 11pm Monday –Friday; 6am –11pm on weekends. •Landscaping abutting residential district and outdoor events or activity center shall include an 8’ tall open style metal fen ce with fabric and columnar evergreen trees as presented by the applicant. •The proposed driveway access to Ustick is approved. E A G L E & U S T I C K D E V E L O P M E N T Site Constraints THANK YOU E A G L E & U S T I C K D E V E L O P M E N T Dimensions from adult lap pool deck E A G L E & U S T I C K D E V E L O P M E N T Dimensions from Edge of adult lap pool E A G L E & U S T I C K D E V E L O P M E N T 2013 Site Plan EIDIAN?- � J CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 8-E Project File Name/Number: H-2018-0121 Item Title: Public Hearing Continued from February 19, 2019 for Villasport (H- 2018-0121) by Sadie Creek Commons, LLC, Located on the SW corner of E. Ustick Rd. and N. Eagle Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from F ebruary 19, 2019 for Villasport (H-2018-0121) by Sadie C reek Commons, L L C , L ocated on the S W corner of E. Ustick Rd. and N. Eagle Rd. C lick H ere for Application M aterials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 2/13/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/29/2019 - 9:58 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 356 of 395 VillaSport sites Beaverton Colorado Springs Cypress TX KATY Tx Rosevilla Ca San Jose Ca Woodlands Tx Colorado Springs apartments after not before Page 1 HEARING DATE: February 19, 2019 Continued from: 1/22/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0121 Villasport - MDA LOCATION: Southwest corner of E. Ustick Rd. and N. Eagle Rd. in the NE ¼ of Section 5, T.3N., R.1E. Parcels: S1105110067; S1105110100 I. PROJECT DESCRIPTION The Applicant requests a modification to the existing Development Agreement (DA) (Inst. #108008770, Sadie Creek Commons) to remove the subject property from the agreement and enter into a new agreement for the proposed development. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda April 2, 2019 – Page 357 of 395 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Project Area Maps Description Details Page Acreage 11.39 Future Land Use Designation MU-R (mixed-use regional) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Athletic club (i.e. indoor/outdoor entertainment/recreation facility) and spa (i.e. personal service); and retail Current Zoning C-G Proposed Zoning NA Physical Features (waterways, hazards, flood plain, hillside) The Milk Lateral runs along north and east boundaries of site Neighborhood meeting date; # of attendees: July 18, 2018; 6 attendees History (previous approvals) ROS #6418 created the configuration of these parcels approved by the City in 2004. AZ-05-052 (DA #108008770, Sadie Creek Commons); PP-05-053 and CUP-05-049 (expired); VAR-05-022 (right-in/right-out access via Eagle Rd.); MDA-13-005 (amended DA that was never executed & has since expired); A-2018-0361 (PBA –reconfigured 2 existing parcels) Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 2, 2019 – Page 358 of 395 Page 3 III. APPLICANT INFORMATION A. Applicant: Sadie Creek Commons, LLC – 10789 W. Twain Ave. #200, Las Vegas, NV 89135 B. Owner: Same as Applicant C. Representative: Tamara Thompson, The Land Group – 462 E. Shore Drive, Ste. 100, Eagle, ID 83616 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Legal notice published in newspaper 2/1/2019 Radius notification mailed to properties within 300 feet 1/29/2019 Nextdoor posting 1/29/2019 Public hearing notice sign posted on site 2/7/2019 V. STAFF ANALYSIS The development agreement modification proposes to remove the subject property from the terms of the existing development agreement [i.e. Inst. #108008770, AZ-05-052 Sadie Creek Commons] and enter into a new development agreement for the proposed development/site. The previously approved conceptual development plan was for a mixed use development consisting of 150,000 square feet of commercial retail, restaurant and office uses on 15.33 acres of land; three (3) accesses were approved via E. Ustick Rd. and one right-in/right-out was approved via N. Eagle Meridian City Council Meeting Agenda April 2, 2019 – Page 359 of 395 Page 4 Rd. (see Section VII.A). The provisions in the DA pertain to that development plan and is applicable to the subject property as well as the out-parcel at the northeast corner of this site. A new conceptual development plan and building elevations are proposed with the subject application that demonstrate how the property is now proposed to develop. The new plan proposes a 99,000+/- square foot 2-story building for an athletic club and spa and a 15,300+/- square foot retail building; associated parking for the proposed uses is also depicted (see Section VII.B). Note: A concurrent conditional use permit (CUP) application was submitted with the subject MDA application that was approved by the Commission contingent upon Council approval of the MDA application. Since that approval, the Applicant submitted a request for City Council review (H- 2019-0011) of the Commission’s decision on several conditions associated with the CUP; this request will be scheduled on the same agenda before the MDA application. If Council approves any changes to the CUP conditions through the Council Review request, the DA provisions in Section VIII of this report should be updated accordingly. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) Mixed-Use Regional (MU-R) The purpose of the MU-R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should have a regional draw with the appropriate supporting uses. Developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 in the Comprehensive Plan as shown below. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The proposed development promotes the following action items contained in the Comprehensive Plan: (staff’s analysis in italics)  “Plan for an encourage services like healthcare, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed athletic club/spa will be located in close proximity to residential uses.  “Develop indoor/outdoor multiple-use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural and sports purposes and uses.” (6.01.02D) The proposed indoor/outdoor athletic club will provide for a variety of recreational, educational and sports opportunities to area residents.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The outdoor hours of operation of the proposed facility will be limited to 6:00 am 11:00 pm, which should be compatible with adjacent residential uses. Additionally, the outdoor recreation area is required to maintain a minimum setback of 100’ from any abutting residential property line with a home.  “Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) A landscape buffer/screening will be provided adjacent to residential properties in accord with UDC standards. C. Proposed Use Analysis: The proposed athletic club is classified as an “arts, entertainment or recreation facility, outdoor” and the spa is classified as a “personal service” in UDC 11-1A-1; both are listed as principal permitted uses in the C-G district per UDC Table 11-2B-2. Meridian City Council Meeting Agenda April 2, 2019 – Page 360 of 395 Page 5 A CUP (H-2018-0121) was recently approved, contingent upon Council approval of the subject MDA application, solely for the proposed hours of operation of the facility because the property abuts a residential use and district in accord with UDC 11-2B-3A.4. The Commission allowed the hours of operation for the athletic club and spa to be from 4:00 am to 12:00 am (midnight) for indoor activities and from 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm. Note: The Applicant has submitted a request for Council review of the Commission’s decision on the CUP application (H-2018-0121) in regard to several UDC standards (see H-2019-0011 for more information). VI. DECISION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement in accord with the provisions in Section VIII. Note: The easternmost driveway access via E. Ustick Rd. depicted on the concept plan in Section VII.B requires Council approval of a waiver to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. In this case, access is available via (2) local streets. If a waiver, is not approved, the site plan should be revised accordingly. Council action is needed on this request. Meridian City Council Meeting Agenda April 2, 2019 – Page 361 of 395 Page 6 VII. EXHIBITS A. Existing Development Agreement Provisions & Conceptual Development Plan (AZ-05-052, Instrument No. 108008770) Link to full version of Development Agreement: Sadie Creek Promenade AZ-05-052 Applicable Development Agreement Provisions: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retail/restaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052 application. The 36.33 acre site, which includes a portion of this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation (file no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ 05-052 application for informational purposes. This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved (PP-05-053, and CUP-05-049) which satisfies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildings in this project. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City’s approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, 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. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. Meridian City Council Meeting Agenda April 2, 2019 – Page 362 of 395 Page 7 2. That the applicant be responsible for all costs associated with the sewer and water service extension. 3. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 5. That the maximum square footage of one single building shall not exceed 75,141square feet, which is ½ of the maximum requested of 150,282 square feet 6. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am – 10 pm. 7. That the applicant shall redesign the site to meet the 300’ standard separation for drive thru uses with this application or variance is obtained. 8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as permitted shall be subject to conditional approval. 10. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Commit tee. The road name has been approved as Centrepoint Way. Meridian City Council Meeting Agenda April 2, 2019 – Page 363 of 395 Page 8 B. Proposed Concept Plan (dated: 10/18/18) & Building Elevations (dated: 7/17/18) Meridian City Council Meeting Agenda April 2, 2019 – Page 364 of 395 Page 9 Meridian City Council Meeting Agenda April 2, 2019 – Page 365 of 395 Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Development Agreement Modification A new Development Agreement (DA) is required as a provision of the request for a modification to the existing DA to exclude this property from the existing agreement (Inst. 108008770). A new DA shall be entered into between the City of Meridian, the Meridian City Council Meeting Agenda April 2, 2019 – Page 366 of 395 Page 11 property owner(s), and the developer. A CZC and DES application shall not be submitted to the City until the DA is approved by City Council and recorded. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the new DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting approval of the development agreement modification. The DA shall, at minimum, incorporate the following provisions: a. The subject property shall be excluded from the terms of the Development Agreement recorded as Instrument No. 108008770 for Sadie Creek Commons. b. Future development of this site shall be generally consistent with the conceptual development plan and building elevations included in Section VII, the conditions of approval of the conditional use permit (H-2018-0121), and the provisions contained herein. c. The future structures and site design submitted with subsequent Certificate of Zoning Compliance and Design Review applications shall comply with the standards listed in UDC 11-3A-19 and the Architectural Standards Manual. d. The athletic club is required to comply with the specific use standards listed in UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors. e. No outdoor event or activity center, including but not limited to the swimming pools, shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2. f. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1. With the CUP application, the Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. g. An outdoor stage or musical venue is prohibited on this site as the site is within 1,000 feet of a residential district and such uses are not allowed, unless approved through a conditional use permit as set forth in UDC 11-4-3-2C. h. Outdoor speaker systems associated with the athletic club (i.e. outdoor entertainment/recreation facility) use are required to be located a minimum of 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. i. Construct a 6-foot tall masonry screen wall along the west boundary of the site consistent with that constructed on the adjacent property to the south as shown on Detail #4, Sheet L1.50 of the landscape plan included in Section VII.B. j. Retail and restaurant uses shall be allowed as accessory uses to the athletic club and may serve members of the club as well as the public. k. A cross-access/ingress-egress easement shall be granted from this site to the property to the south as well as to the out-parcel to the east (#S1105110025). A recorded copy of said easement(s) shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. Meridian City Council Meeting Agenda April 2, 2019 – Page 367 of 395 Page 12 l. The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is approved by City Council to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. m. Direct access via N. Eagle Rd./SH 55 and E. Ustick Rd., other than the accesses approved by City Council with this application, is prohibited as set forth in UDC 11- 3H-4B. n. A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting and landscaping is required to be provided within the street buffer along N. Eagle Rd./SH 55 in accord with the standards listed in UDC 11-3H-4C.3. o. All of the frontage improvements (i.e. street buffers, sidewalks, pedestrian lighting, etc.) on this site along E. Ustick Rd. and N. Eagle Rd./SH 55 shall be installed with the first phase of development. Meridian City Council Meeting Agenda April 2, 2019 – Page 368 of 395 ( EIDIAN*,------ CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 8-F Project File Name/Number: H-2019-0032 Item Title: Public Hearing for Villasport (H-2019-0032) by Sadie Creek Commons, LLC, Located 3055 N. Eagle Rd. Meeting Notes: F1 BQ-'-A +- - ►v o I TEM SHEET C ouncil Agenda I tem - 8.F. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Villasport (H-2019-0032) by Sadie Creek C ommons, L L C , L ocated 3055 N. Eagle Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 3/29/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/29/2019 - 9:43 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 369 of 395 Page 1 HEARING DATE: April 2, 2019 Continued from: 1/22/2019 & 2/19/19 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0121 (MDA); H-2019-0032 (VAR) Villasport – MDA, VAR LOCATION: Southwest corner of E. Ustick Rd. and N. Eagle Rd. in the NE ¼ of Section 5, T.3N., R.1E. Parcels: S1105110067; S1105110100 I. PROJECT DESCRIPTION The Applicant requests a modification to the existing Development Agreement (DA) (Inst. #108008770, Sadie Creek Commons) to remove the subject property from the agreement and enter into a new agreement for the proposed development. A Variance is also requested to the minimum setback standards listed in UDC 11-4-3-2A.1 for outdoor recreation areas and structures that are not fully enclosed to maintain a minimum setback of 100 feet from any abutting residential district; and 11-4-3-2A.2 that restricts an outdoor event or activity center from being located within 50 feet of any property line. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda April 2, 2019 – Page 370 of 395 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Project Area Maps Description Details Page Acreage 11.39 Future Land Use Designation MU-R (mixed-use regional) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Athletic club (i.e. indoor/outdoor entertainment/recreation facility) and spa (i.e. personal service); and retail Current Zoning C-G Proposed Zoning NA Physical Features (waterways, hazards, flood plain, hillside) The Milk Lateral runs along north and east boundaries of site Neighborhood meeting date; # of attendees: July 18, 2018; 6 attendees History (previous approvals) ROS #6418 created the configuration of these parcels approved by the City in 2004. AZ-05-052 (DA #108008770, Sadie Creek Commons); PP-05-053 and CUP-05-049 (expired); VAR-05-022 (right-in/right-out access via Eagle Rd.); MDA-13-005 (amended DA that was never executed & has since expired); A-2018-0361 (PBA –reconfigured 2 existing parcels, ROS #11747) Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 2, 2019 – Page 371 of 395 Page 3 III. APPLICANT INFORMATION A. Applicant: Sadie Creek Commons, LLC – 10789 W. Twain Ave. #200, Las Vegas, NV 89135 B. Owner: Same as Applicant C. Representative: Tamara Thompson, The Land Group – 462 E. Shore Drive, Ste. 100, Eagle, ID 83616 IV. NOTICING City Council Posting Date (MDA) City Council Posting Date (VAR) Legal notice published in newspaper 2/1/2019 3/15/2019 Radius notification mailed to properties within 300 feet 1/29/2019 3/12/2019 Nextdoor posting 1/29/2019 3/12/2019 Public hearing notice sign posted on site 2/7/2019 3/21/2019 V. STAFF ANALYSIS Development Agreement Modification: The development agreement modification proposes to remove the subject property from the terms of the existing development agreement [i.e. Inst. #108008770, AZ-05-052 Sadie Creek Commons] and enter into a new development agreement for the proposed development/site. The previously approved conceptual development plan was for a mixed use development consisting of 150,000 square feet of commercial retail, restaurant and office uses on 15.33 acres of land; three Meridian City Council Meeting Agenda April 2, 2019 – Page 372 of 395 Page 4 (3) accesses were approved via E. Ustick Rd. and one right-in/right-out was approved via N. Eagle Rd. (see Section VII.A). The provisions in the DA pertain to that development plan and is applicable to the subject property as well as the out-parcel at the northeast corner of this site. A new conceptual development plan and building elevations are proposed with the subject application that demonstrate how the property is now proposed to develop. The new plan proposes a 99,000+/- square foot 2-story building for an athletic club and spa and a 15,300+/- square foot retail building; associated parking for the proposed uses is also depicted (see Section VII.B). Note: A concurrent conditional use permit (CUP) application was submitted with the subject MDA application that was approved by the Commission contingent upon Council approval of the MDA application. Since that approval, the Applicant submitted a request for City Council review (H- 2019-0011) of the Commission’s decision on several conditions associated with the CUP; this request will be scheduled on the same agenda before the MDA application. If Council approves any changes to the CUP conditions through the Council Review request, the DA provisions in Section VIII of this report should be updated accordingly. Variance: A Variance is requested to two (2) sections of the UDC as follows:  UDC 11-4-3-2A.1 states, “All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of 100 feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard.” The adult lap pool, concrete pool deck and the outdoor turf area depicted on the site plan are within 100’ of the residential district to the south which adjoins the southern property line of this site. A landscaped common area (7+ feet wide) with a 6-foot tall solid fence and a street separates the site from the adjacent residential properties to the south. The Applicant is also proposing to landscape a 6-foot wide area on the other side of the fence on this site which will assist in buffering the noise and light from the site. The residential zoning in this area is unique in that it stretches to the opposite side of the road from the residential area to the south and includes a common area along the street which abuts this site. Typically, zoning goes to the centerline of adjacent streets. This irregularity creates a wider setback than would normally be required for outdoor recreation uses on this site. Another consideration is if the commercial directly abutted the residential property line(s) without a street separating the uses, the setback would be calculated from the common property line rather than the centerline of the street resulting in a lesser setback. Staff recommends Council examine the intent of this requirement when considering the variance request. The Applicant requests the required setback is reduced as depicted on the site plan in Section VII.C, which can be interpreted several different ways based on the discussion above, as follows: o If measured from the centerline of the street, the setback would be 33 feet to the turf area and 43 feet to the pool deck at its narrowest point; or, o If measured from the residential district, the setback would be 6 feet to the pool deck area and 11 feet to the turf area; or, o If measured from the property line of the nearest residential structure, the setback would be 68 feet to the pool deck at its narrowest point and 100 feet to the turf area. Meridian City Council Meeting Agenda April 2, 2019 – Page 373 of 395 Page 5 Staff recommends the Council consider the latter interpretation when making a decision on the Variance request as it best meets the intent of the setback requirement. If Council finds a Variance is appropriate, additional buffering measures such as an 8-foot tall fence or wall and dense landscaping consisting of a mix of conifers and deciduous trees and shrubs should be considered as mitigation. The additional landscaping would also assist in screening the mass of the proposed 37+/- foot tall structure to the residential uses.  UDC 11-4-3-2A.2 states, “No outdoor event or activity center shall be located within 50 feet (50’) of any property line and shall operate only between the hours of six o’clock (6:00) AM and eleven o’clock (11:00) PM.” The adult lap pool, concrete pool deck and the outdoor turf area depicted on the site plan are within 50’ of the southern property line at approximately 11 feet for the turf area and 6 feet for the deck area around the pool; the Applicant requests a reduction in the setback accordingly as shown on the site plan in Section VII.C. The same logic discussed above could also be considered by Council for this provision. If the southern boundary of this site directly abutted another buildable lot without a street separating the properties, the area between the property line and the outdoor activity center would actually be less than what is proposed. As proposed, the separation between the residential property line and the outdoor activity center is 68 feet to the pool deck at its narrowest point and 100 feet to the turf area which is much greater than the requirement. Staff recommends the Council consider the intent of the requirement when making a decision on the Variance request. Due to the location of the Milk Lateral, an existing irrigation facility that bisects this site north of the proposed building, the buildable area of the site is constrained. Although the lateral is being piped and shifted further to the north, the topography and slope of the pipe to allow the flow of irrigation water through it is such that the lateral cannot be moved any further to the north to accommodate the required setbacks by shifting the building further to the north than proposed (see exhibit in Section VII.C). Additionally, the Applicant states a cross-access easement to Centrepoint Way exists on the east side of the property which further constrains the buildable area. Therefore, the Applicant feels a hardship exists due to the characteristics of the site that make compliance with the setback standards unfeasible. See Applicant’s narrative for more information. Based on the required Findings for Variance requests included in Section IV, the Council should determine if a Variance is appropriate to the above-noted setbacks as requested by the Applicant. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) Mixed-Use Regional (MU-R) The purpose of the MU-R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variet y of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should have a regional draw with the appropriate supporting uses. Developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 in the Comprehensive Plan as shown below. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The proposed development promotes the following action items contained in the Comprehensive Plan: (staff’s analysis in italics) Meridian City Council Meeting Agenda April 2, 2019 – Page 374 of 395 Page 6  “Plan for an encourage services like healthcare, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed athletic club/spa will be located in close proximity to residential uses.  “Develop indoor/outdoor multiple-use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural and sports purposes and uses.” (6.01.02D) The proposed indoor/outdoor athletic club will provide for a variety of recreational, educational and sports opportunities to area residents.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The outdoor hours of operation of the proposed facility will be limited to 6:00 am 11:00 pm, which should be compatible with adjacent residential uses. Additionally, the outdoor recreation area is required to maintain a minimum setback of 100’ from any abutting residential property line with a home.  “Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) A landscape buffer/screening will be provided adjacent to residential properties in accord with UDC standards. C. Proposed Use Analysis: The proposed athletic club is classified as an “arts, entertainment or recreation facility, outdoor” and the spa is classified as a “personal service” in UDC 11-1A-1; both are listed as principal permitted uses in the C-G district per UDC Table 11-2B-2. A CUP (H-2018-0121) was recently approved, contingent upon Council approval of the subject MDA application, solely for the proposed hours of operation of the facility because the property abuts a residential use and district in accord with UDC 11-2B-3A.4. The Commission allowed the hours of operation for the athletic club and spa to be from 4:00 am to 12:00 am (midnight) for indoor activities and from 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm. Note: The Applicant has submitted a request for Council review of the Commission’s decision on the CUP application (H-2018-0121) in regard to several UDC standards (see H-2019-0011 for more information). VI. DECISION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement in accord with the provisions in Section VIII; and denial of the proposed Variance based on the Findings in Section IV. Note: Although Staff could make some of the Findings required for the Variance, Staff could not make all of the Findings which is required in order to grant a Variance. Note: The easternmost driveway access via E. Ustick Rd. depicted on the concept plan in Section VII.B requires Council approval of a waiver to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. In this case, access is available via (2) local streets. If a waiver, is not approved, the site plan should be revised accordingly. Council action is needed on this request. Meridian City Council Meeting Agenda April 2, 2019 – Page 375 of 395 Page 7 VII. EXHIBITS A. Existing Development Agreement Provisions & Conceptual Development Plan (AZ-05-052, Instrument No. 108008770) Link to full version of Development Agreement: Sadie Creek Promenade AZ-05-052 Applicable Development Agreement Provisions: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retail/restaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052 application. The 36.33 acre site, which includes a portion of this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation (file no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ 05-052 application for informational purposes. This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved (PP-05-053, and CUP-05-049) which satisfies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildings in this project. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City’s approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, 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. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. Meridian City Council Meeting Agenda April 2, 2019 – Page 376 of 395 Page 8 2. That the applicant be responsible for all costs associated with the sewer and water service extension. 3. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 5. That the maximum square footage of one single building shall not exceed 75,141square feet, which is ½ of the maximum requested of 150,282 square feet 6. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am – 10 pm. 7. That the applicant shall redesign the site to meet the 300’ standard separation for drive thru uses with this application or variance is obtained. 8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as permitted shall be subject to conditional approval. 10. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Committee. The road name has been approved as Centrepoint Way. Meridian City Council Meeting Agenda April 2, 2019 – Page 377 of 395 Page 9 Meridian City Council Meeting Agenda April 2, 2019 – Page 378 of 395 Page 10 B. Proposed Concept Plan (dated: 10/18/18) & Building Elevations (dated: 7/17/18) Meridian City Council Meeting Agenda April 2, 2019 – Page 379 of 395 Page 11 Meridian City Council Meeting Agenda April 2, 2019 – Page 380 of 395 Page 12 C. Variance Exhibits Meridian City Council Meeting Agenda April 2, 2019 – Page 381 of 395 Page 13 Relocated Milk Lateral (red line) Meridian City Council Meeting Agenda April 2, 2019 – Page 382 of 395 Page 14 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Development Agreement Modification A new Development Agreement (DA) is required as a provision of the request for a modification to the existing DA to exclude this property from the existing agreement (Inst. 108008770). A new DA shall be entered into between the City of Meridian, the Property Owner(s), and the Developer. A CZC and DES application shall not be submitted to the City until the DA is approved by City Council and recorded. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the new DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting approval of the development agreement modification. The DA shall, at minimum, incorporate the following provisions: a. The subject property shall be excluded from the terms of the Development Agreement recorded as Instrument No. 108008770 for Sadie Creek Commons. b. Future development of this site shall be generally consistent with the conceptual development plan and building elevations included in Section VII, the conditions of approval of the conditional use permit (H-2018-0121), and the provisions contained herein. c. The future structures and site design submitted with subsequent Certificate of Zoning Compliance and Design Review applications shall comply with the standards listed in UDC 11-3A-19 and the Architectural Standards Manual. d. The athletic club is required to comply with the specific use standards listed in UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors. e. No outdoor event or activity center, including but not limited to the swimming pools, shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2. f. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1. With the CUP application, the Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. g. An outdoor stage or musical venue is prohibited on this site as the site is within 1,000 feet of a residential district and such uses are not allowed, unless approved through a conditional use permit as set forth in UDC 11-4-3-2C. h. Outdoor speaker systems associated with the athletic club (i.e. outdoor entertainment/recreation facility) use are required to be located a minimum of 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. i. Construct a 6-foot tall masonry screen wall along the west boundary of the site consistent with that constructed on the adjacent property to the south as shown on Detail #4, Sheet L1.50 of the landscape plan included in Section VII.B. Meridian City Council Meeting Agenda April 2, 2019 – Page 383 of 395 Page 15 j. Retail and restaurant uses shall be allowed as accessory uses to the athletic club and may serve members of the club as well as the public. k. A cross-access/ingress-egress easement shall be granted from this site to the property to the south as well as to the out-parcel to the east (#S1105110025). A recorded copy of said easement(s) shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. l. The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is approved by City Council to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. m. Direct access via N. Eagle Rd./SH 55 and E. Ustick Rd., other than the accesses approved by City Council with this application, is prohibited as set forth in UDC 11- 3H-4B. n. A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting and landscaping is required to be provided within the street buffer along N. Eagle Rd./SH 55 in accord with the standards listed in UDC 11-3H-4C.3. o. All of the frontage improvements (i.e. street buffers, sidewalks, pedestrian lighting, etc.) on this site along E. Ustick Rd. and N. Eagle Rd./SH 55 shall be installed with the first phase of development. IX. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE (11-5B-4E) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: In regard to the variance to UDC 11-4-3-2A.1 for the setback to the pool area, Staff finds granting a variance would grant a right or special privilege that is not otherwise allowed in the district; for the turf area, Staff finds granting a variance would not grant a right or special privilege that is not otherwise allowed in the district based on the interpretation in Section V. that the intent of the provision is met. In regard to the variance to UDC 11-4-3-2A.2, Staff finds granting a variance would not grant a right or special privilege that is not otherwise allowed in the district based on the interpretation in Section V. that the intent of the provision is met. B. The variance relieves an undue hardship because of characteristics of the site; Because the buildable area of this site is constrained by the Milk Lateral, an irrigation facility that bisects this site, and a cross-access easement exists on the east side of the site to Centerpoint Way, Staff finds granting the variance would relieve an undue hardship because of characteristics of the site that make reconfiguring the layout of the site unfeasible. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds granting the variance would not be detrimental to the public health or safety but may be detrimental to the public welfare based on testimony provided at the public hearing for the development agreement modification from adjacent neighbors. Some neighbors objected to the proximity of the outdoor recreation areas in relation to adjacent residential homes. See Section VIII Analysis for more information. Meridian City Council Meeting Agenda April 2, 2019 – Page 384 of 395 IDIAN*,------ CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 8-G Project File Name/Number: Item Title: Public Works: Budget Amendment Not to Exceed $86,027 for Streetlight Maintenance and Locating for Streetlight Underground Power Meeting Notes: c✓ I TEM SHEET C ouncil Agenda I tem - 8.G. Presenter: Warren S tewart Estimated Time f or P resentation: 10 min Title of I tem - Public Works: B udget Amendment Not to E xceed $86,027 for Streetlight M aintenance and Locating for S treetlight Underground P ower Public Works: B udget A mendment f or F Y 2019 in the A mount of $86,027 f or S treetlight Maintenance and L ocating for Streetlight Underground Power C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P W Memo and B udget A mendment Cover Memo 3/27/2019 RE V I E WE RS : Department Reviewer Action D ate P ublic Works.J ohnson, Chris Approved 3/27/2019 - 1:58 P M P ublic Works.Fields, J enny Approved 3/27/2019 - 2:19 P M Meridian City Council Meeting Agenda April 2, 2019 – Page 385 of 395 N w cu V) z z 03 O )f `f � y0 ❑' El O � � Ate+ � cu 0 ,1903 bD v c C 3 a � Lao � >> El ElJOJ � � QJ C 3 J J �, Eb O o b0 Qa W W u C N C N N t% N C 7 (J o •o u. v °° o (J �...{ >- c D E O LL E y.r m OD a ° E w o Y _O O_ N� c v a ad0u O M� W d > O� C 0 3 J E O O O E 0 O O O o F T— <t FO N m v O O N N E N O a v z z U y z THF C c � W Y CC C C 0 N w O 0 N t G G O 00 00 � 0o N w cu 03 O O_ a- b0 N N nLn of O � � o v no cu 0 U bD v c C 3 � C N N v � O On N �, Eb o b0 Qa C C N C N N 0 E >- NN y.r m OD V1 � O Y _O O_ N� y0_. Q U � O M� W d > O� C ill' v E O O O E 0 O O O o F T— <t FO N m v O O N N O M N O o N O N O U � 0 0 LL w 0 0 N 0 C � 00 00 � 0o Mcu 00 u v v c c -I L > a -i a -I vO c -I O a W c O v a c O EO m c 7 O 0 a% N U) N U 3 L LL F+� � c O c� c� a O d O a N 111 nLn of O � � U U bD O C 3 � C N � E �, lD o O C C N Q N N 0 E >- NN y.r m OD V1 � Y _O O_ N� y0_. Q U � O d > O� C ill' W E O O O O O O O O o io o <t .� N m �n O N O N N O M N O N O N O N O U 0 0 0 0 0 0 0 0 00 00 00 00 00 0o co 00 u N c -I r-1 ci a -i a -I N c -I O O O O O O O O N 111 nLn of O O u1 Q� lD NN y.r of b �• n O ill' N n N w QO i�Gaj U W Lo v a0 N u u o N m c 7 a% U) L LL F+� � c O N 111 nLn of O O u1 N lD NN of O O ill' N w v N u u o m c 3 U) � c O a � a o -C m� O N N C O O O O Cl Cl 0 0 0 0 0 0 0 0 0 -1 ci Nro Ln 0 0 0 0 o 0 0 0 0 0 0 0 0 H H H H 8HHHriri I O O O O O O O O O O O O n O 00 u n N O 00 y0 O F- v 'a c v M X LLI bA c YC v O v l a l O u N N aj 0 0 a U 0 u N 0 J Meridian City Council Meeting Agenda April 2, 2019 – Page 387 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 388 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 389 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 390 of 395 EIDIANn-- � J CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 9-A Project File Name/Number: Item Title: Council: City Council Meetings Format Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: J oe Borton, Council P resident Estimated Time f or P resentation: 10 min Title of I tem - C ouncil: City Council M eetings F ormat C ounc il P resident Borto n will pres ent a propos ed mo d ificatio n to o ur C ity C ounc il meeting s tructure that could make it easier fo r our c o mmunity to p artic ip ate in o ur regular disc ussions , p ro clamations and c eleb rations , as well as allo w many our c ity employees to p res ent their d ata firs t rather than waiting around until after lengthy land use hearings . If we can be mo re effic ient with o ur p ublic wo rk, let’s exp lo re doing s o. No formal actio n is need ed ; looking for initial impressions and d irec tio n. C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 3/29/2019 - 10:36 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 391 of 395 1" Tuesday 6:00 City council meeting starts........ 7:00 "hey, this is going fast........" 8:30 Still going....... hmmmm 10pm Good grief. 11 pm Still going? Sorry Mike, Colin, Dave... 3rd Tuesday 6:00 City council meeting starts........ 7:00 "hey, this is going fast........" 8:30 Still going....... hmmmm 10pm Good grief. 11 pm Still going? Sorry Mike, Colin, Dave.... MERIDIAN CITY COUNCIL MEETING PROPOSAL THE OLD WAY....... 2nd Tuesday 3:00 City council meeting starts........ 5 pm "hey, this is going fast........" 7 pm Candy for dinner! 8 pm Good grief. 9:30 "&#$#@#!" 4t" Tuesday 6:00 City council meeting starts........ 7:00 "hey, this is going fast........" 8:30 Still going....... hmmmm 10p Good grief. 11 Still going? Sorry Mike, Colin, Dave.... CrHE NEW W °,IY00000000MM h8cmer resu z Q8 MW Tk sass'u GSD 1) City Staff business done during work hours (no wasted time hanging around) i) Civic discussions during work day before (public can go home early too) 3) We have a hard stop on non -land use "work session" agendas. Forces efficiency from us 4) Land use public hearings start at 6; public and applicant don't waste time waiting, and 5) Any exec session would occur between work session and regular meeting 1St Tuesday 3:00 3:30 4:00 4:30- 6 City Council work session 6:00 Regular City Council meeting 3rd Tuesday 3:00 3:30 4:00 4:30-6 City Council work session 6:00 Regular City Council meeting 2nd Tuesday 3:00 3:30 4:00 4:30- 6 City Council work session 6:00 Regular City Council meeting 4" Tuesday 3:00 3:30 4:00 4:30-6 City Council work session 6:00 Regular City Council meeting EIDIAN*,------I DA HO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 10-A Project File Name/Number: Item Title: Ordinance 19-1820 Meeting Notes: Amended on to Agenda I TEM SHEET C ouncil Agenda I tem - 10.A. Presenter: Estimated Time f or P resentation: Title of I tem - Proposed to Amend onto Agenda: Ordinance 19-1820: An O rdinance Amending M eridian City Code S ection 3-1-2(A), Regarding Authorization Of F B I National C riminal History Records C hecks F or Vehicle Immobilization License Applicants; Adopting A Savings Clause; And Providing An E ffective Date. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 4/2/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 4/2/2019 - 10:32 A M Meridian City Council Meeting Agenda April 2, 2019 – Page 392 of 395 AUTHORIZATION OF FBI NATIONAL CRIMINAL H ISTORY RECORDS CHECKS PAGE 1 OF 2 CITY OF MERIDIAN ORDINANCE NO. 19-1820 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-1-2(A), REGARDING AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS FOR VEHICLE IMMOBILIZATION LICENSE APPLICANTS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to ordinance, the City of Meridian requires fingerprinting of applicants or licensees as a condition of issuing certain City licenses, and is therefore authorized by Idaho Code section 67-3008 to submit fingerprints to the Idaho State Police (“ISP”)’s Bureau of Criminal Identification for examination, and pursuant to Idaho Code section 67-3008 and Public Law 92-544 to further submit fingerprints, if necessary, through ISP, to the Federal Bureau of Investigation for examination; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 1, Section 2, Meridian City Code, shall be amended as follows: 3-1-2: AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS: A. Determine suitability of applicant. In order to determine an applicant’s suitability for the following licenses, the City Clerk, and/or City Clerk’s designee, shall require the applicant to, and the applicant shall, furnish to the Idaho State Police a full set of fingerprints: 1. Mobile sales unit license; 2. Pawnbroker license; 3. Pawnbroker license with precious metal endorsement; and 4. Precious metal dealer license.; and 5. Vehicle immobilization license. The City Clerk and/or designee shall have the Idaho State Police or the Federal Bureau of Investigation perform a criminal background investigation. B. Applicant consent required. The City Clerk, and/or City Clerk’s designee, shall obtain the written consent of the applicant for the criminal background investigation and if the applicant does not execute the consent, the application shall be denied. C. Authorization of FBI National Criminal History Records Checks. The City Clerk, and/or City Clerk’s designee, shall require an applicant for a City license to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to section 67-3008, Idaho Code, and congressional enactment Public Law 92-544, the City Clerk and/or City Clerk’s designee, may require the applicant to submit a set of fingerprints for a City license and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Meridian Police Department is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Meridian City Council Meeting Agenda April 2, 2019 – Page 393 of 395 Investigation for the purpose of evaluating the fitness of applicants for City license, and the Meridian Police Department shall recommend approval and/or denial of the application based on this information and relay that recommendation to the City Clerk's Office. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. D. No amendment without FBI approval. This section shall not be amended without prior written approval from the Federal Bureau of Investigation. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby void. Section 3. That this ordinance shall be effective immediately upon its passage and publication. J PASSED by the City Council of the City of Meridian, Idaho, this 2! day of k, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, thisV day of 52019. APPROVED: Tam—m--"e -Weer-EI, ayor P�RATEDgIi AT T: CGS, � �Vr Co y Clerk IDIgN W 4 h SOhY15CXn �O AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS PAGE 2 OF 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1820 An ordinance amending Meridian City Code section 3-1-2, regarding authorization of FBI national criminal history records checks for vehicle immobilization license applicants; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. First Reading: ()�A -02- - 2-0 1 � Adopted after first reading by suspension of the rule t as allowed pursuant to Idaho Code City o Merl ian § 50-902: YES NO Mayor and City Council Second Reading: i#: C.Jay Coles, City Clerk Third Reading: by ris Sah ATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1820 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed this summary, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of '2019. William L.M. Nary, City Attorney AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS PAGE 3 OF 2 EIDIAN*------ IDAHO CITY COUNCIL MEETING AGENDA April 2, 2019 Agenda Item Number: 10 Project File Name/Number: Item Title: Future Meeting Topics Meeting Notes: