Loading...
2019-07-09 Regular 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, J uly 9, 2019 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer Treg B ernt X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by Virgil S altz of M eridian F irst B aptist C hurch 4. Adoption of Agenda - Adopted 5. Announcements 6. 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. 7. Action I tems Public Hearings for Land Use Applications follow this process: Once the Public Hearing is opened, City staff will present their report. Following the report, the applicant is allowed up to 15 minutes to present their application. Members of the public are allowed up to 3 minutes each to address council regarding the applicati on. If a person is representing a large group such as a Homeowner's Association, indi cated by a show of hands, they may be allowed up to 10 minutes. Following all public testimony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. 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. F inal P lat C ontinued from J une 11, 2019 for Cherry B lossom (H- 2019-0064) by D oug J ayo, J ayo L and D evelopment C ompany, LLC ., L ocated at 615 W. C herry L n. – Continued to July 16, 2019 B. P ublic Hearing for Ada C ounty Highway District P roperty Conveyance as part of the Ten M ile Road Widening P roject, Ustick to M cM illan – Approved. Ordinance is Item 8 -D C. M eridian Rur al F ire P r otection D istrict M emorandum of Under standing and Agr eement with the C ity of M er idian - Approved 8. O rdinances A. O rdinance No. 19-1831: An O rdinance Amending M eridian C ity Code As C odified At T itle 11, To C r eate A New Residential S elf- S tor age Use T hat Includes A D efinition; S pecific Use S tandards And S pecifies Conditional Use Approval In T he R-15 And R-40 Zoning D istr icts; And P roviding F or A Waiver O f T he Reading Rules; And P roviding An E ffective D ate. - Approved B. O rdinance No. 19-1832: An O rdinance (H-2019-0021 – P ollar d S ubdivision) F or Annexation O f A P ar cel O f L and B eing All O f T he S outheast ¼ O f T he S outhwest ¼, A P ortion Of T he S outhwest ¼ O f T he Southwest ¼ And A P or tion O f T he S outhwest ¼ Of T he S outheast ¼ O f S ection 21, Township 4 North, Range 1 West, B oise M eridian, Ada C ounty, Idaho, As D escr ibed In Attach ment “A” And Annexing C ertain L ands And Territor y, S ituated In Ada C ounty, Idaho, And Adjacent And C ontiguous To T he C orpor ate L imits O f T he C ity O f M eridian As Requested B y T he C ity O f M er idian; E stablishing And D eter mining T he L and Use Zoning Classification O f 77.328 Acres O f L and F rom Rut To C -G (G ener al Retail And S ervice C ommer cial)(55.38 Acr es) And R-8 (M edium D ensity Residential)(21.95 Acres) Zoning D istricts In T he M er idian C ity Code; P r oviding T hat C opies O f T his O r dinance S hall B e Filed With T he Ada C ounty Assessor, T he Ada C ounty Recor der, And T he Idaho S tate Tax Commission, As Requir ed B y L aw; And P roviding F or A S ummary O f T he O r dinance; And P roviding F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. - Approved C. O rdinance No. 19-1833: An O rdinance Amending M eridian C ity Code As C odified At T itle 11, P er taining T he To Notification Of Violations I n C hapter; Residential Dimensional S tandards And Allowed Use Tables In C hapter ; D itches, L ater als, C anals Or D r ainage C ourses; O utdoor L ighting; O utdoor S torage; Traveling L iving Q uarters; P arking S tandar ds; Qualified O pen Space And Var iance P r ocessing In C hapter 3; S pecific Use S tandards F or E ducational Institution, Indoor S hooting Range, M ulti-F amily D evelopment And Restaurant In C hapter 4; P ublic Hear ing, F ees, Var iances And Alternative C ompliance In C hapter 5 And Other M iscellaneous S ections; And P roviding F or A Waiver O f T he Reading Rules; And P roviding An E ffective D ate. - Approved D. O rdinance 19-1834: An O rdinance Authorizing T he C onveyance Of C er tain C ity O wned Real P roper ty To T he Ada County Highway Distr ict F or Right-O f-Way P urposes: P ortions O f C ertain Real P roper ty L ocated Along Ten M ile Road Nor th O f Ustick: (1) A P arcel L ocated I n T he S e ¼ O f S ection 34, T 4n, R1w, Ada County Idaho, And (2) A P ar cel L ocated In T he S w ¼ O f S ection 35, T 4n, R1w, B m, Ada County Idaho; Author izing T he M ayor And C ity Cler k To E xecute And Attest O n B ehalf O f T he C ity O f M eridian T he D eed And O ther Documents Necessar y To C omplete T he T ransaction; P r oviding F or A Waiver O f T he Reading Rules; And P roviding An E ffective D ate. - Approved E. O rdinance 19-1845: An O rdinance (H-2019-0013 – G ander Creek Nor th & S outh) F or Annexation O f T hree P arcels Of L and B eing In Ne ¼ O f S ection 32, Township 4 North, Range 1 West, B oise M eridian, Ada C ounty, Idaho, As D escr ibed In Attach ment “A” And Annexing C ertain L ands And Territor y, S ituated In Ada C ounty, Idaho, And Adjacent And C ontiguous To T he C orpor ate L imits O f T he C ity O f M eridian As Requested B y T he C ity O f M er idian; E stablish¬ing And D etermining T he L and Use Zoning Classification O f 125.68 Acres O f L and F rom Rut To R-8 (M edium D ensity Residential) Zoning D istrict In T he M er idian C ity C ode; P roviding T hat C opies O f T his O rdinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada C ounty Recor der, And T he Idaho S tate Tax Commission, As Required B y L aw; And P r oviding F or A S ummary O f T he O rdinance; And P roviding F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate. - Approved 9. F uture M eeting Topics Meeting Adjourned at 6:20PM Meridian City Council July 9, 2019. A Meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, July 9, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty Palmer, and Anne Little Roberts. Members Absent: Treg Bernt. Also present: Chris Johnson, Bill Nary, Warren Stewart, Tracy Basterrechea, Charlie Butterfield and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer ___ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Okay. Thank you for waiting. We're a few minutes late, but we apologize. For the record it is Tuesday, July 9th. It is three minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: And I would like to welcome our Boy Scouts. Hope -- you must be earning a merit badge. Well, good luck with that. Thank you for joining us. Johnson: Madam Mayor, there are actually two earning a merit badge. De Weerd: All right. Well, I'm sorry I didn't recognize that. Well, thank you for joining us and good luck with that. 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 Virgil Saltz of Meridian First Baptist Church De Weerd: Okay. Item 3 is our community invocation. Tonight we will be led by Virgil Saltz. Thank you for joining us. I will ask that you join us in the community invocation or take this as an opportunity for a moment of reflection. If you will step up to the podium. Saltz: Thank you. Meridian City Council Meeting Agenda July 16, 2019 – Page 27 of 147 Meridian City Council July 9, 2019 Page 2 of 11 De Weerd: Thank you. Saltz: And let's pray together. Father, we are thankful that we can come to you for wisdom and direction. We pray for Pastor de Weerd and -- and the Council here this evening and each citizen of the beautiful state -- or City of Meridian. We thank you, Lord, for the businesses that are here and the schools and all of the things it takes to make a community work. We just pray that you will give wisdom and direction to this meeting here this evening and have your way in each heart and help each one of us to look to you for the wisdom and direction that we need in our own lives. Thank you for your faithfulness and thank you for America and pray that you will just help us to be good citizens for your glory, in Jesus' name, amen. De Weerd: Thank you so much. Mr. Clerk, can you give Virgil one of our City of Meridian pins and while you're doing that maybe hit both of our city -- our Boy Scouts, too. Virgil, if you could, we do have a City of Meridian pin. We appreciate you joining us. Item 4: Adoption of Agenda De Weerd: Item No. 4 is adoption of the agenda. Cavener: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we adopt the agenda as published. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Announcements De Weerd: Item 5 under Announcements is a busy summer. We do have a couple of things going on. Playing in the Plaza every Thursday starting at 5:00 p.m. here in the City Hall Plaza. City 101 is beginning -- kicking off on Thursday, the 11th. It goes from 5:30 to 8:00 here at City Hall and the first section is Police and Fire -- or Parks and Fire. The Fire Department has their promotional ceremony this week on Thursday, the 11th, at 6:30 at the Public Safety Training Center and, of course, we have our weekly movie in Settlers Park, the Sparklight Movie, and that begins at dusk -- dusk and Main Street Market on Saturdays. So, invite you to partake and, hopefully, see you at one of these community events. Anything else under announcements? Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Meridian City Council Meeting Agenda July 16, 2019 – Page 28 of 147 Meridian City Council July 9, 2019 Page 3 of 11 De Weerd: Okay. Mr. Clerk, any signups under Item 6? Johnson: Madam Mayor, there are no signups. Item 7: Action Items A. Final Plat Continued from June 11, 2019 for Cherry Blossom (H-2019-0064) by Doug Jayo, Jayo Land Development Company, LLC., Located at 615 W. Cherry Ln. De Weerd: Thank you. Item 7 under Action Items, our first Item A, the applicant has requested to continue to July 16th and they are still working on -- working out some of the things that are delaying this. They hope to be able to address those next week. If I could ask for a continuation -- a motion to continue I would appreciate that. Cavener: Madam Mayor, just a question and -- De Weerd: Mr. Cavener. Cavener: Do you recall -- even though planning staff isn't here tonight, but do you know how many times this has been requested to be continued? De Weerd: I think this is the second continuance request. Nary: Madam Mayor, just to help maybe understand. There was an issue that we think has been resolved with the applicant's attorney in regards to the -- there is a portion of this parcel that is connected to Fourth Street, basically in the Old Town area , and there was an issue about access through there into this Cherry Blossom -- Cherry Blossom comes off of Cherry Lane and winds through 7th. So, we have had some discussion with their counsel. Mr. Baird has talked to them, has given them a path forward on trying to resolve their issues in regards to moving forward. So, I'm hopeful that basically we can get this moving that way, that we have resolved their concerns and given them a way to resolve that with the city if they need to . So, hopefully, we won't have to have anymore continuances, but -- Cavener: Great. De Weerd: Mrs. Milam? Milam: Madam Mayor, I move that we approve -- or we continue -- I'm reading. Continue Item 7-A, H-2019-0064, to July 16th. Cavener: Second. De Weerd: I have a motion and a second to continue Item 7-A to July 16th. All those in favor say aye. All ayes. Meridian City Council Meeting Agenda July 16, 2019 – Page 29 of 147 Meridian City Council July 9, 2019 Page 4 of 11 MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for Ada County Highway District Property Conveyance as part of the Ten Mile Road Widening Project, Ustick to McMillan De Weerd: Item 7-B is a public hearing for Ada County Highway District property conveyance and I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. If you see in your packet the -- the widening project for Ten Mile between Ustick and McMillan is planned to begin this fall. There are two sections of that that impact the city. One is a portion right in front of the wastewater treatment plant at the culvert of the Five Mile Creek there, as well as on the opposite side of that same area there is a portion that touches a little bit of the city's property in relation to the pathway that's adjacent to the Reta Huskey Park. Both the departments have looked at both of those. There is no concern from either department about the -- the dedication of this right of way. The city providing that is part of our agreement with ACHD. That's why you will notice the compensation summary shows there was no funds to be transferred to the city for that . That's part of our agreement with them. So, this really is -- the administerial part of this is the public hearing that's required and you will notice on your agenda 8-D is the ordinance making that occur. So, I don't know if there is members of the public, but that's the basis of why we are here. De Weerd: Okay. So, is there any members of the public here to provide testimony on this item? Okay. Seeing none. Council, any questions for staff? Okay. I would entertain a motion to close the public hearing. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move we close the public hearing an Item 7-B. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing on 7-B. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Meridian Rural Fire Protection District Memorandum of Understanding and Agreement with the City of Meridian De Weerd: Item 7-C is under the Meridian Rural Fire Protection District, it's a memorandum of understanding and agreement and I will turn this over to Charlie. Meridian City Council Meeting Agenda July 16, 2019 – Page 30 of 147 Meridian City Council July 9, 2019 Page 5 of 11 Butterfield: Thank you, Madam Mayor, Members of Council. Seeking approval -- looking to seek approval and signature on the annual Meridian Rural Fire Protection District Memorandum of Understanding Agreement with the City of Meridian for fiscal year 2020. The MOU amends and modifies the percentage allocation for purposes of contract service fee capital outlay expenditure between the city and the district for the next fiscal year. This is FY-2020 percentage from the district to the city will be nine percent based on the budget analysis that was conducted and that's nine percent of the fire department's operating budget for the coming fiscal year. Also included in this MOU is repayment from the city to the district in the amount of 800,000 from impact fees for the remaining balance owed for the construction of Fire Station No. 5 and I believe all Council was updated on that amount for a budget amendment from Chief Niemeyer recently. With that I will stand for any questions. De Weerd: Thank you. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Do we need a motion on this? De Weerd: Yes, we do. Little Roberts: Madam Mayor, I move that we approve the MOU with the Meridian Rural Fire District. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-C. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Ordinances A. Ordinance No. 19-1831: An Ordinance Amending Meridian City Code As Codified At Title 11, To Create A New Residential Self Storage Use That Includes A Definition; Specific Use Standards And Specifies Conditional Use Approval In The R-15 And R-40 Zoning Districts; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Meridian City Council Meeting Agenda July 16, 2019 – Page 31 of 147 Meridian City Council July 9, 2019 Page 6 of 11 De Weerd: Under Ordinances, 8-A, Ordinance 19-1831. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. Ordinance amending Meridian City Code as codified at Title 11, to create a new residential self storage use that includes a definition; specific use standards and specifies conditional use approval in the R-15 and R-40 zoning districts; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Thank you. Council, seeing none, do I have a motion to approve? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move that we approve Ordinance 19-1831 with suspension of rules. Palmer: Second. De Weerd: I have a motion and a second to approve Item 8-A. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea; Bernt, absent. De Weerd: Okay. The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. B. Ordinance No. 19-1832: An Ordinance (H-2019-0021 – Pollard Subdivision) For Annexation Of A Parcel Of Land Being All Of The Southeast ¼ Of The Southwest ¼, A Portion Of The Southwest ¼ Of The Southwest ¼ And A Portion Of The Southwest ¼ Of The Southeast ¼ Of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 77.328 Acres Of Land From Rut To C -G (General Retail And Service Commercial)(55.38 Acres) And R-8 (Medium Density Residential)(21.95 Acres) Zoning Districts In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed Meridian City Council Meeting Agenda July 16, 2019 – Page 32 of 147 Meridian City Council July 9, 2019 Page 7 of 11 With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: 8-B is Ordinance 19-1832. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. Ordinance Pollard Subdivision, H-2019-0021, for annexation of a parcel of land being all of the Southeast ¼ of the Southwest ¼, a portion of the Southwest ¼ of the Southwest ¼ and a portion of the Southwest ¼ of the Southeast ¼ of Section 21, Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 77.328 acres of land from the RUT to C-G (General Retail and Service Commercial) (55.38 acres) and R-8 (Medium Density Residential) (21.95 acres) zoning districts in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Our two Boy Scouts chose the most exciting hearing to come to. Milam: Short. De Weerd: Would anyone like to hear it read in its entirety? Seeing none, Council, do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we approve Ordinance No. 19-1832 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 8-B. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda July 16, 2019 – Page 33 of 147 Meridian City Council July 9, 2019 Page 8 of 11 C. Ordinance No. 19-1833: An Ordinance Amending Meridian City Code As Codified At Title 11, Pertaining To Notification Of Violations In Chapter; Residential Dimensional Standards And Allowed Use Tables In Chapter ; Ditches, Laterals, Canals Or Drainage Courses; Outdoor Lighting; Outdoor Storage; Traveling Living Quarters; Parking Standards; Qualified Open Space And Variance Processing In Chapter 3; Specific Use Standards For Educational Institution, Indoor Shooting Range, Multi-Family Development And Restaurant In Chapter 4; Public Hearing, Fees, Variances And Alternative Compliance In Chapter 5 And Other Miscellaneous Sections; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Item 8-C is Ordinance 19-1833. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. It's an ordinance amending Meridian City Code as codified at Title 11, pertaining the notification of violations in chapter; residential dimensional standards and allowed use tables in chapter; ditches, laterals, canals or drainage courses; outdoor lighting; outdoor storage; traveling living quarters; parking standards; qualified open space and variance processing in Chapter 3; specific use standards for educational institution, indoor shooting range, multi -family development and restaurant in Chapter 4; public hearing, fees, variances and alternative compliance in Chapter 5 and other miscellaneous sections; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: You have read this by title. I don't see anyone wanting to hear it read in its entirety. So, Council, do you have a motion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move that we approve Ordinance 19-1833 with suspension of rules. Palmer: Second. De Weerd: I have a motion and a second to approve Item 8-C. Mr. Clerk, will you, please, call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, absent. De Weerd: All ayes. Motion carried. Meridian City Council Meeting Agenda July 16, 2019 – Page 34 of 147 Meridian City Council July 9, 2019 Page 9 of 11 MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Ordinance 19-1834: An Ordinance Authorizing The Conveyance Of Certain City Owned Real Property To The Ada County Highway District For Right-Of-Way Purposes: Portions Of Certain Real Property Located Along Ten Mile Road North Of Ustick: (1) A Parcel Located In The Se ¼ Of Section 34, T4n, R1w, Ada County Idaho, And (2) A Parcel Located In The Sw ¼ Of Section 35, T4n, R1w, Bm, Ada County Idaho; Authorizing The Mayor And City Clerk To Execute And Attest On Behalf Of The City Of Meridian The Deed And Other Documents Necessary To Complete The Transaction; Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Item 8-D relates or follows Item 7-B. It is Ordinance 19-1834. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. It's an Ordinance authorizing the conveyance of certain city owned real property to the Ada County Highway District for right-of-way purposes: portions of certain real property located along Ten Mile Road north of Ustick: (1) a parcel located in the SE ¼ of Section 34, T4N, R1W, Ada county, Idaho, and (2) a parcel located in the Sw ¼ of Section 35, T4N, R1W, BM, Ada county, Idaho; authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed and other documents necessary to complete the transaction; providing for a waiver of the reading rules; and providing an effective date. De Weerd: Thank you. Council, do I have a motion to approve? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we approve Ordinance No. 19-1834 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 8-D. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda July 16, 2019 – Page 35 of 147 Meridian City Council July 9, 2019 Page 10 of 11 E. Ordinance 19-1845: An Ordinance (H-2019-0013 – Gander Creek North & South) For Annexation Of Three Parcels Of Land Being In NE ¼ Of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 125.68 Acres Of Land From Rut To R-8 (Medium Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Our final ordinance reading of the evening, 8-E, Ordinance 19-1845. Mr. Clerk. Johnson: Thank you, Madam Mayor. Ordinance regarding H-2019-0013, Gander Creek North & South, for annexation of three parcels of land being in NE ¼ of Section 32, Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 125.68 acres of land from RUT to R-8 (Medium Density Residential) zoning district in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Thank you, Mr. Clerk. Council, do I have a motion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move that we approved Ordinance 19-1845 with suspension of rules. Milam: Second. Borton: Second. Cavener: Second. Meridian City Council Meeting Agenda July 16, 2019 – Page 36 of 147 Meridian City Council July 9, 2019 Page 11 of 11 Palmer: Second. De Weerd: I have a motion and four seconds. Any discussion? No? Thought with all those seconds we would have at least a comment. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea, Palmer, yea; Little Roberts, yea; Bernt, absent. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics De Weerd: Item 9 under Future Meeting Topics. Anything under this item? If not, I would entertain a motion to adjourn our City Council meeting. Milam: Move that we adjourn. Little Roberts: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. At 6:20. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:20 P.M. (AUDIO RECORDI-NG-W.FILE OF THESE PROCEEDINGS) _ -/ 19 MAYOR MAYOR TAMMY DE WEERD p aur DATE APPROVED ATTEST: o�x �xf 11 Q city ,r B ID1AN CHRIS J�hl - TY C L y SEAL the CjEQ/rIDIA,-----NDAHO CITY COUNCIL REGULAR MEETING AGENDA July 9, 2019 Agenda Item Number: 5 Project File Name/Number: Item Title: Announcements Meeting Notes: EIDIANDAHO ?- CITY COUNCIL REGULAR MEETING AGENDA July 9, 2019 Agenda Item Number: 6 Project File Name/Number: Item Title: Future Meeting Topics — Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. ]'hi.s time is reserved for the public to address their 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 assist you in resolving the matter following the meeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat Continued from J une 11, 2019 for C herry Blossom (H-2019-0064) by D oug J ayo, J ayo Land Development Company, L L C ., L ocated at 615 W. Cherry L n. C lic k Here for Applic ation Materials C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/5/2019 - 11:05 A M Meridian City Council Meeting Agenda July 9, 2019 – Page 5 of 120 7/9/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 7/9/2019 Hearing Type: Public Forum Active: *-* There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://i nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=270 1/1 CjQ/rEDAHO IDIAN*,---,IZ CITY COUNCIL REGULAR MEETING AGENDA July 9, 2019 Agenda Item Number: 7 A Project File Name/Number: Cherry Blossom H-2019-0064 Item Title: Final Plat Continued from June 11, 2019 for Cherry Blossom By Doug Jayo, Jayo Land Development Company, LLC., Located at 615 W. Cherry Ln. Meeting Notes: CW+Ioud tD Jul �2,01� E IDIA 1* DAHO CITY COUNCIL REGULAR MEETING AGENDA July 9, 2019 Agenda Item Number: 7 B Project File Name/Number: Item Title: Public Hearing for Ada County Highway District Property Conveyance as part of the Ten Mile Widening Project - Ustick to McMillan Meeting Notes: c✓ 0 nGil)ce On SQ,C)6, ",S b -D I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Ada County Highway District P roperty Conveyance as part of the Ten M ile Road Widening P roject, Ustick to M cM illan C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Compensation Summary B ackup Material 7/2/2019 Deed to P arcels 16 and 18 B ackup Material 7/2/2019 Temporary Construction E asement related to A C HD parcels 16 and 18 B ackup Material 7/2/2019 A C HD acquisition packet and letter B ackup Material 7/2/2019 Notice of Hearing B ackup Material 7/2/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/5/2019 - 11:01 A M Meridian City Council Meeting Agenda July 9, 2019 – Page 6 of 120 7/9/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 7/9/2019 Hearing Type: Council Item Number: 7-B Project Name: Ada County Highway District Property Conveyance as part of the Ten Mile Road Widening Project, Ustick to McMillan Project No.: Active: e There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://i nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=271 1/1 Meridian City Council Meeting Agenda July 9, 2019 – Page 15 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 16 of 120 Project Name: Ten Mile Road — Ustick Road to McMillan Road Project No: 518001 Name: City of Meridian R/W Parcel No: 16 & 18 T4N, R1 W, Sec 34 APN: SO434417752, R4344440270 (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this _ day of V , 20 1 Ct, by and between, City of Meridian, a municipal corporation, the "GRANTOR", and AD OUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH; FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO those exceptions to title to which this conveyance is expressly made subject, more particularly described on Exhibit "B", and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Project Name: Ten Mile Road — Ustick Road to McMillan Road Project No: 518001 Name: City of Meridian R/W Parcel No: 16 & 18 T4N, R1W, Sec 34 APN:S0434417752, R4344440270 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. GRANTOR: State of T&�nn ) )ss. County of ) This record was acknowledged before me on this Ci-Yn day of, 201f., by e as C rfnyh boh (trustee, Member, Officer, President, Etc.) of City of eridlian. CHARLENE WAY COMMISSION #67390 Signature of Notary Public NOTARY PUBLIC STATE OF IDAHO My commission expires: 'ag Baia. S� MY COMMISSION EXPIRES 3/28/22 The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Meridian City Council Meeting Agenda July 9, 2019 – Page 19 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 20 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 21 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 22 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 23 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 24 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 25 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 26 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 27 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 28 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 29 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 30 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 31 of 120 Project Name: Ten Mile Road — Ustick Road to McMillan Road Project No: 518001 Name: City of Meridian R/W Parcel No: 16 & 18 TO, R1W, Sec 34 APN: SO434417752, R4344440270 Property Representative Name______—__—_—__ Seller Signature: Seller Signature: Phone: Date: -7-q_19 Phone: ggg_yy33 Date: Phone: $ 4th ACHD Signature: Date: Renee Jayo, Sr. Right -of -Way Agent ACHD Signature: Date: David Serdar, Right -of -Way Supervisor Page 2 of 2 Meridian City Council Meeting Agenda July 9, 2019 – Page 33 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 34 of 120 Project Name: Ten Mile Road — Ustick Road to McMillan Road Project No: 518001 Name: City of Meridian R/W Parcel No: 16 & 18 T4N, R1 W, Sec 34 APN:S0434417752, R4344440270 6. Binding Effect, This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) ACHD AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. Tamm` We'erd, Mayo city �r �E IDIA IDA O �yT SEAL . Qhn5on, the Gex-14- COUNTY HIGHWAY DISTRICT: Dave Serdar Right -of -Way Supervisor Renee Jaya Sr. Right -of -Way Agent NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Page 2 of 2 Meridian City Council Meeting Agenda July 9, 2019 – Page 13 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 14 of 120 IDAHO PRESS LLC EMMETT MERIDIAN KUNA BOISE WKLY C/O ISJ PAYMENT PROCESSING CENTER PO BOX 1570 POCATELLO ID 83204 (208)467-9251 Fax (208)475-2321 ORDER CONFIRMATION Salesperson: LEGALS Printed at 06/17/19 08:28 by sje14 ----------------------------------------------------------------------------- Acct #: 351462 Ad #: 1912741 Status: New CHOLD 1 MERIDIAN, CITY OF Start: 06/21/2019 Stop: 06/21/2019 33 E. BROADWAY AVENUE Times Ord: 1 Times Run: *** MERIDIAN ID 83642 LEG 2.00 X 102.00 Words: 235 Total LEG 204.00 Class: 0006 GOVERNMENT NOTICES Rate: L2 Cost: 181.05 # Affidavits: 1 Contact: MACHELLE HILL Ad Descrpt: PH 7/9/2019 + EXHIBIT A-2 Phone: Given by: CHRIS JOHNSON Fax#: P.O. #: Email: accountspayable@meridiancity Created: sje14 06/17/19 08:19 Agency: Last Changed: sje14 06/17/19 08:28 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES MP A 96 S 06/21 ----------------------------------------------------------------------------- AUTHORIZATION Under this agreement rates are subject to change with 30 days notice. In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. _____________________________________ _____________________________________ Name (print or type) Name (signature) (CONTINUED ON NEXT PAGE) Meridian City Council Meeting Agenda July 9, 2019 – Page 39 of 120 IDAHO PRESS LLC EMMETT MERIDIAN KUNA BOISE WKLY C/O ISJ PAYMENT PROCESSING CENTER PO BOX 1570 POCATELLO ID 83204 (208)467-9251 Fax (208)475-2321 ORDER CONFIRMATION (CONTINUED) Salesperson: LEGALS Printed at 06/17/19 08:28 by sje14 ----------------------------------------------------------------------------- Acct #: 351462 Ad #: 1912741 Status: New CHOLD CHOLD LEGAL NOTICE SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 11th day of June, 2019, the City Council of the City of Meridian approved Reso- lution No. 19-2147 declaring the intent of the City to convey to the Ada County Highway District certain real property iden- tified and depicted as Parcel 16 and Parcel 18 on Exhibit A-2 attached hereto, said parcels being located in the City of Meridian, Ada County, Idaho. The City of Meridian intends to convey the real property without consideration because it is in the City's best interest that the Ada County Highway Dis- trict take ownership of the property for right-of-way purposes for the North Ten Mile Road project, north of West Ustick Road. NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (in- cluding but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridi- an, Idaho, at the hour of 6:00 p.m. on Tuesday, July 9, 2019 for the purpose of considering and approving the proposed real property conveyance. For further information, including full legal descriptions of the proposed conveyance, please contact the City Clerk's Of- fice at 888-4433. CHRIS JOHNSON, CITY CLERK EXHIBIT A-2 June 21, 2019 1912741 Meridian City Council Meeting Agenda July 9, 2019 – Page 40 of 120 CfE IDIANIS?-0I DAH CITY COUNCIL REGULAR MEETING AGENDA July 9, 2019 Agenda Item Number: 7 C Project File Name/Number: Item Title: Meridian Rural Fire Protection District Memorandum of Understanding and Agreement with the City of Meridian for Fiscal Year 2020 Amends and modified the percentage allocation for purposed of the Contract Service Fee and Capital Outlay Expenditure between the City and the District for the 2019/2020 fiscal year. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.C. Presenter: Deputy Chief Charlie B utterfield Estimated Time f or P resentation: 5 minutes Title of I tem - M eridian Rural F ire P rotection District M emorandum of Understanding and Agreement with the City of M eridian MR F P D Memorandum of Understanding and Agreement with the City of Meridian for F iscal Year 2020 which amends and modif ies the percentage allocation f or purposes of the C ontract S ervice F ee and C apital Outlay E xpenditure budget between the City and the District f or the 2019/2020 fiscal year. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 7/2/2019 MR F P D MO U for F Y20 A greements / C ontracts 7/8/2019 RE V I E WE RS : Department Reviewer Action D ate F ire J ohnson, Chris Approved 7/2/2019 - 11:23 A M F ire B aird, Ted Approved 7/2/2019 - 4:23 P M F ire J ohnson, Chris Approved 7/5/2019 - 11:02 A M Meridian City Council Meeting Agenda July 9, 2019 – Page 41 of 120 Meridian Fire Department 33 E. Broadway Avenue, Suite #210 Meridian, ID 83642 Phone 208-888-1234 www.meridiancity.org July 7, 2019 MEMORANDUM TO: Mayor and City Council Members CC: Mark Niemeyer FROM: Meridian Fire Department RE: Meridian Rural Fire Protection District Memorandum of Understanding and Agreement with the City of Meridian for Fiscal Year 2020 Meridian Rural Fire Protection District Memorandum of Understanding and Agreement with the City of Meridian for Fiscal Year 2020. Requesting Mayor’s signature on the MOU which amends and modifies the percentage allocation for purposes of the Contract Service Fee and Capital Outlay Expenditure budget between the City and the District for the 2019/2020 fiscal year. Rural Fire District’s percentage of contribution changed to 9% per the direction of the City’s Finance Department Budget Analyst. MOU also outlines the City’s repayment to the District for the funding of the construction of Fire Station #5 in the amount of $800,000.00. Meridian City Council Meeting Agenda July 9, 2019 – Page 42 of 120 MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2019/2020 FISCAL YEAR Page -1- MEMORANDUM OF UNDERSTANDING AND AGREEMENT WHEREAS, a certain agreement entitled the “CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT”, dated September 22, 1998, (the “Agreement”) exists between the City of Meridian (the “City”) and the Meridian Rural Fire Protection District (the “District”); and WHEREAS, pursuant to the Agreement, the District pays a fee (the “Contract Service Fee”) to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the “Fire and Life Protection Services”); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the “Gross Market Valuation Percentage”, the “Population Percentage”, and the “Market Valuation”, all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District previously entered into a certain Memorandum of Understanding and Agreement (the “2018/2019 Budget Year Memorandum”), dated October 23, 2018, a copy of which is attached hereto as Exhibit A, pursuant to which the City and the District amended and modified the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2018/2019 fiscal year, as the term “fiscal year” is defined by the Agreement, by agreeing to a particular percentage allocation of such costs and expenses as between the City and the District; and WHEREAS, the City and the District desire: (a) to confirm the expiration, end and termination of the 2018/2019 Budget Year Memorandum; and (b) pursuant to this Memorandum of Understanding and Agreement to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, by setting the percentage allocation for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget between the City and the District for the 2019/2020 fiscal year; and WHEREAS, the District previously funded, for the benefit of the District and the City, the construction of improvements of that certain fire station commonly known as Meridian Fire Station No. 5, located at 6001 North Linder Road, Meridian, Idaho (“Station No. 5”); and WHEREAS, the City desires to reimburse and repay the District the amount of $800,000.00 for and in full satisfaction of the District’s said funding of the construction of Meridian City Council Meeting Agenda July 9, 2019 – Page 43 of 120 MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2019/2020 FISCAL YEAR Page -2- improvements of Station No. 5, and the District consents and agrees to said reimbursement and repayment in the amount of $800,000.00; and WHEREAS, upon the City’s reimbursement and repayment to the District of $800,000.00, the District shall promptly execute and deliver to the City a quitclaim deed, in satisfactory form for recording in the property records of Ada County, Idaho, conveying any and all the District’s right, title and interest in and to the premises of Station No. 5; and WHEREAS, the City and the District desire to enter into this Memorandum of Understanding and Agreement and effectuate its purposes and agreements because the City and the District, jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from its purposes and agreements as set forth herein above. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby acknowledge and memorialize their agreement as follows. 1.The 2018/2019 Budget Year Memorandum is expired, terminated and ended, and of no further force or effect as of the end of the 2018/2019 fiscal year, as the term “fiscal year” is defined by the Agreement. 2.Notwithstanding the calculated percentage of the “Gross Market Valuation Percentage”, the “Population Percentage”, and the “Market Valuation”, as provided in section 8 of the Agreement, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, the allocation between the City and the District for the 2019/2020 fiscal year shall be NINETY PERCENT (91%) attributable to the City and NINE PERCENT (9%) attributable to the District. The foregoing shall be and is effective for and as of the 2019/2020 fiscal year, and the parties shall return to the method provided in section 8 of the Agreement for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for subsequent fiscal years. 3.All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and be the same. 4.As and for the City’s full, complete and satisfactory reimbursement and repayment to the District of the funding of the construction of the improvements of Station No. 5, the City shall pay, and the District shall accept, the total amount of EIGHT HUNDRED THOUSAND and 00/100 DOLLARS ($800,000.00) in cash, or in certified funds, or by federally insured wire transfer. The City’s said payment to the District of the $800,000.00 shall be on or before _________, 2019. Upon receipt of said $800,000.00, the District shall execute and deliver to the City a quitclaim deed, in satisfactory form for recording in the property records of Ada County, Idaho, conveying any and all the District’s right, title and interest in and to the premises of Station No. 5. Meridian City Council Meeting Agenda July 9, 2019 – Page 44 of 120 5. The City and the District shall execute such further and additional documents and instruments necessary to give this Memorandum of Understanding and Agreement full force and effect. IN WITNESS WHEREOF, the parties have herein executed this Memorandum of Understanding and Agreement. DATED AND SIGNED this day of , 2019. City of Meridian Attest: By Council Resolution No. `may Atte By Resolution No. 19- UOa- or f�0 G EI'1 j SEAL, Meridiaural Fire Protection District By: ), _nz Chairman MEMORANDUM OF UNDERS'T'ANDING AND AGREEMENT FOR 20I9/2020 FISCAL YEAR Page -3- -1, a1 frtrG pro+fcaon MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2019/2020 FISCAL YEAR - Exhibit A Exhibit A Meridian City Council Meeting Agenda July 9, 2019 – Page 46 of 120 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 J u l y 9 , 2 0 1 9 – P a g e 4 7 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 4 8 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 4 9 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 5 0 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 5 1 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 5 2 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 5 3 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 5 4 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 5 5 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 5 6 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 5 7 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 5 8 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 5 9 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 6 0 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 6 1 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 6 2 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 6 3 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 6 4 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 6 5 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 6 6 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 6 7 o f 1 2 0 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 J u l y 9 , 2 0 1 9 – P a g e 6 8 o f 1 2 0 �rEDAHO IDIZ IAN? - CITY COUNCIL REGULAR MEETING AGENDA July 9, 2019 Agenda Item Number: 8 A Project File Name/Number: Item Title: Ordinance No. 19-1831 Amending Meridian City Code as Codified at Title 11, To Create a New Residential Self -Storage Use that Includes a Definition; Specific Use Standards and Specifies Conditional Use Approval in the R-15 and R-40 zoning districts; and providing for a waiver of the reading of the rules; and providing an effective date. Meeting Notes: 9 U, N I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Chris J ohnson Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1831: An Ordinance Amending M eridian C ity C ode As C odified At T itle 11, To Create A New Residential Self-Storage Use T hat Includes A D efinition; S pecific Use Standards And S pecifies C onditional Use Approval In T he R-15 And R-40 Zoning Districts; And P roviding F or A Waiver Of T he Reading Rules; And Providing An Effective D ate. Ordinance f or UD C A mendment R E Residential S torage C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance for UD C Amendment R E R esidential Storage Ordinance 6/17/2019 S ummary Ordinance 6/21/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 6/25/2019 - 10:27 P M Meridian City Council Meeting Agenda July 9, 2019 – Page 69 of 120 SELF -SERVICE STORAGE FACILITY , RESIDENTIAL UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0034 PAGE 1 OF 3 CITY OF MERIDIAN ORDINANCE NO. 19-1831 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, TO CREATE A NEW RESIDENTIAL SELF-STORAGE USE THAT INCLUDES A DEFINITION; SPECIFIC USE STANDARDS AND SPECIFIES CONDITIONAL USE APPROVAL IN THE R- 15 AND R-40 ZONING DISTRICTS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code 11-1A-1, Unified Development Code, be incorporated as follows: 11-1A-1: DEFINITIONS OF TERMS: SELF-SERVICE STORAGE FACILITY, RESIDENTIAL: Any real property designed and used for renting or leasing individual storage spaces incidental to residential property or dwelling units, to which the occupants thereof have access for storing or removing personal property. Section 2. That Meridian City Code Table 11-2A-2, Unified Development Code, be incorporated as follows: Table 11-2A-2 ALLOWED USES IN THE RESIDENTIAL DISTRICTS Use R-2 R-4 R-8 R-15 R-40 Self-service storage facility, residential 1 - - - C C Meridian City Council Meeting Agenda July 9, 2019 – Page 70 of 120 SELF -SERVICE STORAGE FACILITY , RESIDENTIAL UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0034 PAGE 2 OF 3 Section 3. That Meridian City Code Section 11-4-3-47, Unified Development Code, be incorporated as follows: 11-4-3-47: SELF-SERVICE STORAGE FACILITY, RESIDENTIAL A. The facility is encouraged to accompany or be a component of a single-family or multi- family residential development with a conditional use permit in an R-15 or R-40 zone. B. The size of the facility shall be limited to thirty five percent (35%) of a residential development not to exceed a maximum of eight (8) acres. C. The location of the facility may be located along an arterial roadway as a buffer to a residential development, but shall not take direct access from an arterial. Access to the facility shall be from a collector or local street only. D. The hours of operation shall be limited to six o’clock (6:00) a.m. to ten o’clock (10:00) p.m. E. The use shall be limited to individual storage compartments which shall be used for residential related personal property including vehicles. F. Storage units shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a residential storage facility is specifically prohibited. G. The distance between structures shall be a minimum of twenty-five feet (25’). The maximum height of the buildings shall not exceed 35 feet. H. The storage facility shall be fully enclosed and screened from public view. I. A minimum twenty-foot (20’) wide landscape buffer shall be provided along a collector or local road and a twenty-five-foot (25’) wide buffer adjacent to residential development. Landscaping shall be provided as set forth in subsection 11-3B-7C and 11-3B-9C of this title. J. The facility shall have a second means of access for emergency purposes approved by the Meridian Fire Department. K. No outside storage area shall be allowed. Materials shall not be stored within the required yards. L. Buildings shall be designed to the architectural character of the residential area. The building design shall comply with the Traditional Neighborhood District (TND) design standards set forth in the City of Meridian Architectural Standards Manual. M. Signage for the facility shall comply with Section 11-3D-8C, “Residential Signs in Residential Districts,” of this title. Meridian City Council Meeting Agenda July 9, 2019 – Page 71 of 120 N. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Title 3, Chapter 4, "Outdoor Sales and Temporary Use Requirements." The hours of the on-site auctions shall be limited to daylight hours (sunrise and sunset) and specified on the temporary use permit application submitted to the Clerk's office. O. On-site management or contact information for on-call management shall be provided for the storage facility. If the use is unattended, the standards in accord with Section 11-3A716, "Self -Service Uses," of this title shall also apply. The application materials shall also include a security plan for the proposed facility. P. No storage of fuel or hazardous materials shall be allowed. Q The site shall not be used as a "vehicle wrecking or junk yard" as herein defined in Section 11-1A-1. Section 4. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 5. That this ordinance shall be effective immediately upon its passage and publication. in -TU14 PASSED by the City Council of the City of Meridian, Idaho, this q day of -Juin , 2019. tJut.,� APPROVED by the Mayor of the City of Meridian, Idaho, this Gig day of-Aw&, 2019. APPROVED: Tammy de W city or SEAL flhe TRF City Clerk SELF-SERVICE STORAGE FACILITY, RESIDENTIAL UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE — H 2019-0034 PAGE 3 OF 3 A - IS31 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1831 An Ordinance Amending Meridian City Code As Codified At Title 11, To Create A New Residential Self -Storage Use That Includes A Definition; Specific Use Standards And Specifies Conditional Use Approval In The R-15 And R-40 Zoning Districts; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. A Cityric Mayor and C1 Council By: Chris Johnson, City Clerk First Reading: % - _I -O Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902: YES TO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1831 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 a copy of the attached Ordinance No. 19-1831 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). sul DATED this day ofy 2019. 4 it iam. L.M. Nary City Attorney ORDINANCE SUMMARY FOR UDC TEXT AMENDMENT ORDINANCE PERTAINING To SELF-SERVICE STORAGE FACILITY, RESIDENTIAL `g -1$ 3 ` CrE IDIANIZ?-IDAHO CITY COUNCIL REGULAR MEETING AGENDA July 9, 2019 Agenda Item Number: 8 B Project File Name/Number: Pollard Subdivision H-2019-0021 Item Title: Ordinance No. 19-1832 Pollard Subdivision) For Annexation Of A Parcel Of Land Being All Of The Southeast'/4 Of The Southwest 1/4, A Portion Of The Southwest'/4 Of The Southwest'/4 And A Portion Of The Southwest'/4 Of The Southeast'/4 Of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 77.328 Acres Of Land From Rut To C -G (General Retail And Service Commercial)(55.38 Acres) And R-8 (Medium Density Residential)(21.95 Acres) Zoning Districts In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Chris J ohnson Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1832: An Ordinance (H-2019-0021 – P ollard S ubdivision) F or Annexation Of A P arcel Of L and Being All Of T he Southeast ¼ Of T he S outhwest ¼, A Portion Of T he S outhwest ¼ O f T he Southwest ¼ And A Portion O f T he S outhwest ¼ Of T he Southeast ¼ Of Section 21, Township 4 North, Range 1 West, B oise M eridian, Ada C ounty, Idaho, As Described In Attachment “A” And Annexing Cer tain L ands And Territory, Situated In Ada C ounty, Idaho, And Adjacent And Contiguous To T he Corporate L imits Of T he C ity Of M eridian As Requested By T he C ity Of M eridian; E stablishing And Determining T he L and Use Zoning Classification Of 77.328 Acres Of L and From Rut To C-G (General Retail And S ervice Commercial)(55.38 Acres) And R-8 (M edium Density Residential)(21.95 Acres) Zoning D istricts In T he M eridian C ity C ode; Providing T hat Copies Of T his Ordinance S hall Be F iled With T he Ada County Assessor, T he Ada County Recorder, And T he Idaho State Tax Commission, As Required By L aw; And P roviding F or A S ummary Of T he Ordinance; And Providing F or A Waiver Of T he Reading Rules; And P roviding An Effective D ate. Pollard S ubdivision A nnexation ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P ollard Subdivision Annexation Ordinance Ordinance 6/26/2019 P ollard Sub - E xhibit A E xhibit 6/26/2019 P ollard Sub - E xhibit B E xhibit 6/26/2019 P ollard Subdivision - Summary Ordinance 6/26/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 6/26/2019 - 6:26 P M L egal.A lbertson, Michelle Approved 6/27/2019 - 10:09 A M Meridian City Council Meeting Agenda July 9, 2019 – Page 74 of 120 ADA COUNTY RECORDER Phil McGrane 2019-060658 BOISE IDAHO Pgs=10 NIKOLA OLSON 07/10/2019 12:03 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 19-1832 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2019-0021— POLLARD SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND BEING ALL OF THE SOUTHEAST '/4 OF THE SOUTHWEST '/4, A PORTION OF THE SOUTHWEST '/a OF THE SOUTHWEST 1/a AND A PORTION OF THE SOUTHWEST'/40F THE SOUTHEAST'/4 OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 77.328 ACRES OF LAND FROM RUT TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL)(55.38 ACRES) AND R-8 (MEDIUM DENSITY RESIDENTIAL)(21.95 ACRES) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION L That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Tomlinson Family Trust Dated April 7, 1982. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C -G (General Retail and Service Commercial)(55.38 acres) and R-8 (Medium Density Residential) (21.95 acres) and zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE — POLLARD SUBDIVISION (II 2019-0021) Page 1 of 2 Meridian City Council Meeting Agenda July 9, 2019 — Page 75 of 120 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this qA4q day of ` , 2019 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2019. ATTEST: UTI i` • • STATE OF IDAHO, ) ) ss: County of Ada ) MAYOR TAMMY de WEERD O�Qo�PT ED A UG�, S \ rC) mss\ CAVI E IDIAN*_- IDAHO SEAL �RO�'I•e 7RF n`�` `'4 On this 9 - - day of TUN , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WPERD and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDA RESIDING AT -fn, 0 f1 i rUfi11iJAaLO MY COMMISSION EXPIRES: alk �a� ANNEXATION ORDINANCE — POLLARD SUBDIVISION (H 2019-0021) Page 2 of 2 lq-1$32 Meridian City Council Meeting Agenda July 9, 2019 – Page 77 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 78 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 79 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 80 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 81 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 82 of 120 Meridian City Council Meeting Agenda July 9, 2019 – Page 83 of 120 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1832 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance (H-2019-0021— Pollard Subdivision) For Annexation Of A Parcel Of Land Being All Of The Southeast 1/40f The Southwest '/4, A Portion Of The Southwest 1/40f The Southwest 1/4 And A Portion Of The Southwest 1/4 Of The Southeast 1/4 Of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, Establishing And Determining The Land Use Zoning Classification Of 77.328 Acres Of Land From RUT To C -G (General Retail And Service Commercial)(55.38 Acres) And R-8 (Medium Density Residential)(21.95 Acres) Zoning Districts In The Meridian City Code. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of lj( 2019. OQ-Rv Vl� tEkIDIAN�-- Mayor City of..City i an an ity Council EALBy: Chris Johnson, City Clerk7�e TRF First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES k NO Second Reading: A Third Reading: ,N 1 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1832 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 a copy of the attached Ordinance No. 19-1832 of the City of Meridian, Idaho, 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 luw 2019. —&Vj z William. L.M. Nary City Attorney ORDINANCE SUMMARY — Pollard Subdivision (H-2019-0021) E IDiANAH ?- CITY COUNCIL REGULAR MEETING AGENDA July 9, 2019 Agenda Item Number: 8 C Project File Name/Number: Item Title: Ordinance No. 19-1833 An Ordinance Amending Meridian City Code As Codified At Title 11, Pertaining The To Notification Of Violations In Chapter; Residential Dimensional Standards And Allowed Use Tables In Chapter; Ditches, Laterals, Canals Or Drainage Courses; Outdoor Lighting; Outdoor Storage; Traveling Living Quarters; Parking Standards; Qualified Open Space And Variance Processing In Chapter 3; Specific Use Standards For Educational Institution, Indoor Shooting Range, Multi -Family Development And Restaurant In Chapter 4; Public Hearing, Fees, Variances And Alternative Compliance In Chapter 5 And Other Miscellaneous Sections; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Meeting Notes: [YI I TEM SHEET C ouncil Agenda I tem - 8.C. Presenter: Chris J ohnson Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1833: An Ordinance Amending M eridian C ity C ode As C odified At T itle 11, P ertaining T he To Notification Of Violations In C hapter; Residential D imensional S tandards And Allowed Use Tables In Chapter; Ditches, L aterals, C anals Or D rainage C ourses; Outdoor L ighting; O utdoor Storage; T raveling L iving Q uarters; Parking Standards; Qualified Open S pace And Variance P rocessing In Chapter 3; Specific Use Standards F or Educational Institution, Indoor S hooting Range, M ulti-F amily Development And Restaurant In Chapter 4; P ublic Hearing, F ees, Variances And Alternative Compliance In Chapter 5 And Other M iscellaneous Sections; And Providing F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate. Ordinance f or the recent UD C Text A mendments C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S ummary f or UD C Text Amendments - J uly, 2019 Ordinance 6/28/2019 O rdinance Cover Memo 7/2/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 7/1/2019 - 10:29 A M L egal.B aird, Ted Approved 7/2/2019 - 4:23 P M Meridian City Council Meeting Agenda July 9, 2019 – Page 85 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 1 OF 19 CITY OF MERIDIAN ORDINANCE NO. 19-1833 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, PERTAINING THE TO NOFICATION OF VIOLATIONS IN CHAPTER 1; RESIDENTIAL DIMENSIONAL STANDARDS AND ALLOWED USE TABLES IN CHAPTER 2; DITCHES, LATERALS, CANALS OR DRAINAGE COURSES; OUTDOOR LIGHTING; OUTDOOR STORAGE; TRAVELING LIVING QUARTERS; PARKING STANDARDS; QUALIFIED OPEN SPACE AND VARIANCE PROCESSING IN CHAPTER 3; SPECIFIC USE STANDARDS FOR EDUCATIONAL INSTITUTION, INDOOR SHOOTING RANGE, MULTI-FAMILY DEVELOPMENT AND RESTAURANT IN CHAPTER 4; PUBLIC HEARING, FEES, VARIANCES AND ALTERNATIVE COMPLAINCE IN CHAPTER 5 AND OTHER MISCELLANEOUS SECTIONS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code 11-1-1, Unified Development Code, be amended as follows: B. Investigation: 1. The code enforcement officer shall investigate any structure or use which he or she reasonably believes does not comply with the standards and requirements of this title. 2. If, after investigation, it is determined that the standards or requirements of this title have been violated, a code enforcement officer shall serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall state separately each standard or requirement violated; shall state what corrective action, if any, is necessary to comply with the standards or requirements; and shall set a reasonable time for compliance. The notice shall state that any further violation may result in criminal prosecution and/or civil penalties. 3. The notice shall be served upon the owner, tenant or other person responsible for the condition addressed to the last known address of such person. If no address is known, then notice may be made by publication in the newspaper of record for the City of Meridian. The Code Meridian City Council Meeting Agenda July 9, 2019 – Page 87 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 2 OF 19 Enforcement Officer will record all efforts made to effect service in person or by mail as part of their investigative report. Methods of service shall be by any of the following: a. Personal service upon such owner, occupier, or person in charge or control of the property; or b. Regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment roll, or as otherwise known; or c. Posting such notice and order at a conspicuous place on the property and publishing one notice in the official newspaper of the City that the property has been posted in accordance with this chapter and ordering the owner, occupier, or person in charge or control of the property to remedy the violation by the given date. Section 2. That Meridian City Code Section 11-1A-1, Unified Development Code, be amended by adding or amending the following definitions: ACCESSORY USE, RESIDENTIAL: A use or activity on a residential property that is secondary to the principal use. PERSONAL AND PROFESSIONAL SERVICES: The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to, beauty and healthcare services such as salons, hair, nail and skin care, spa, and barbers; fitness training and instruction; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but are not limited to: architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios; fitness trainers; and title companies. The term does not include healthcare and social service. PROFESSIONAL SERVICES: See definition of personal and professional services. Professional service uses include, but are not limited to: architects, landscape architects and other design services; compute graphic designers; consultants; lawyers; media advisors; photography studios; fitness trainers; and title companies general offices. The term does not include healthcare and social service. FOOT-CANDLE: A standard unit of measurement used to identify the intensity of light. A unit of illumination equal to that given by a source of one candela at a distance of one foot. This is the SAE/Imperial unit of measurement whereas Lux is the Metric unit of measurement. INDOOR SHOOTING RANGE: A controlled area of activity, specifically designed for the discharging of firearms at targets. The term does not include arts, entertainment and recreation facilities. LIGHT TRESPASS: Light emitting from one property that crosses the property line of another property in excess of 0.1 foot-candle as measured at a height of 60 inches above grade in a plane at any angle of inclination. LUMEN: A lighting industry standar d unit of measurement used to measure the total quantity of visible light emitted by a source. OPEN SPACE: An area substantially open to the sky that may be on the same property with a structure. The area may include, along with the natural environmental features, linear open spaces, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. This term shall not include streets, parking areas, or structures for habitation. Meridian City Council Meeting Agenda July 9, 2019 – Page 88 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 3 OF 19 Section 3. That Meridian City Code Section Table 11-2A-6, Unified Development Code, be amended as follows: PERSONAL PROPERTY: Any property that is not real property. RECREATIONAL VEHICLE: A vehicle or portable structure primarily designed as temporary living accommodation for recreational, camping, and travel use. The term shall include, but not be limited to, motor home, travel trailer, fifth wheel trailer, truck camper, fold down camping trailer, park trailer, mobile tiny homes and travel trailer. R-8 Standard Requirement Minimum property size/dwelling unit (in square feet) 4,000 Minimum street frontage (in feet): 40 With alley loaded garage, side entry garage, or private mew lots 32 Street setback 1 to garage (in feet): Local 20 Collector 25 Alley 5 Street setback 1 to living area and/or side loaded garage (in feet): Local 10 Collector 25 Alley 5 Interior side setback (in feet) 5 Rear setback (in feet) 12 Street landscape buffer 2 (in feet): Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height (in feet) 35 Meridian City Council Meeting Agenda July 9, 2019 – Page 89 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 4 OF 19 Section 4. That Meridian City Code Section Table 11-2A-2, Unified Development Code, be amended as follows: Section 5. That Meridian City Code Section Table 11-2B-2 Table, Unified Development Code, be amended as follows: Section 6. That Meridian City Code Section Table 11-2B-2, Unified Development Code, be amended as follows: Section 7. That Meridian City Code Section Table 11-2C-2, Unified Development Code, be amended as follows: Section 8. That Meridian City Code Section 11-2C-2 Table, Unified Development Code, be amended as follows: Use R-2 R-4 R-8 R-15 R-40 Restaurant 1 - - - - A Use C-N C-C C-G L-O M-E H-E Hotel and motel 1 P/C P/C P/C - C P Indoor Shooting Range 1 - - - - C - Industry, information 1 P P P C P P Use C-N C-C C-G L-O M-E H-E Restaurant 1 P P P C A A Use I-L I-H Fuel sales facility, truck stop 1 C C Indoor Shooting Range 1 P C Industry, heavy 1 - P/C Use I-L I-H Restaurant 1 A A Meridian City Council Meeting Agenda July 9, 2019 – Page 90 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 5 OF 19 Section 9. That Meridian City Code Section 11-2D-2 Table, Unified Development Code, be amended as follows: Section 10. That Meridian City Code Section 11-2B-3(A)(4), Unified Development Code, be amended as follows: 4B. Hours Of Operation: Business hours of operation within the L-O and C-N Districts shall be limited from six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. Business hours of operation within the C-C and C-G Districts shall be limited from six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. when the property abuts a residential use or district. Extended hours of operation in the C-C and C-G Districts may be requested through a conditional use permit. These restrictions apply to all business operations occurring outside an enclosed structure, including, but not limited to, customer or client visits, trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure, including, but not limited to, cleaning, bookkeeping, and after hours work by a limited number of employees. Section 11. That Meridian City Code Section 11-3A-6, Unified Development Code, be amended as follows: A. Purpose: The purpose of this section is to limit the tiling and piping of natural waterways, ditches, canals, laterals, sloughs and drains where public safety is not a concern as well as improve, protect and incorporate creek corridors (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough and Jackson and Evan Drains) as an amenity in all residential, commercial and industrial designs. When piping and fencing is proposed, the following standards shall apply. B. Piping: 1. Natural waterways intersecting, crossing, or lying within the area being developed shall remain as a natural amenity and shall not be piped or otherwise covered. See also subsection C1 of this section. 2. Irrigation ditches, laterals, canals, sloughs and drains may be left open when used as a water amenity or linear open space , as defined in UDC 11-1A-1. See also subsection C2 of this section. 3. Except as allowed above, all other irrigation ditches, laterals, sloughs or canals, intersecting, crossing or lying within the area being developed, shall be piped, or otherwise covered. This requirement does not apply to property with only an irrigation easement where the actual drainage facility is located on an adjoining property. a. The city councildecision-making body may waive the requirement for covering such ditch, lateral, canal, sloughs or drain, if it finds that the public purpose requiring such will not be served and public safety can be preserved. Use O-T TN-C TN-R Restaurant 1 P P - Meridian City Council Meeting Agenda July 9, 2019 – Page 91 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 6 OF 19 b. The city council may also waive this requirement for large capacity facilities. C. Fencing: 1. Fencing along all natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the city council, director and/or public works director. 2. Ditches, laterals, canals, sloughs and drains do not require fencing if it can be demonstrated by the applicant to the satisfaction of the director that said ditch, lateral, canal, sloughs or drain serves as or will be improved as a part of the development, to be a water amenity. Construction drawings and relevant calculations prepared by a qualified licensed professional registered in the state of Idaho shall be submitted to both the director and the authorized representative of the water facility for approval. 3. Except as allowed above, all other open irrigation ditches, laterals, canals, sloughs and drains shall be fenced with an open vision fence at least six feet (6') in height and having an 11-gauge, two inch (2") mesh or other construction, equivalent in ability to deter access to said ditch, lateral, canal, sloughs or drain, which fence shall be securely fastened at its base at all places where any part of said lands or areas being subdivided touches either or both sides of said ditch, lateral, canal, sloughs or drain. D. Easements: In residential districts, irrigation easements wider than ten feet (10') shall be included in a common lot that is a minimum of twenty feet (20') wide and outside of a fenced area, unless modified by city council at a public hearing with notice to surrounding property owners. Improvements related to piping, fencing or any encroachment as outlined in sections A, B, and C of this section requires written approval from the appropriate irrigation or drainage entity. E. Impeding Movement Of Water Prohibited: For any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, piping shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream properties. Easements: In residential districts, irrigation easements wider than ten feet (10') shall be included in a common lot that is a minimum of twenty feet (20') wide and outside of a fenced area, unless modified by city council at a public hearing with notice to surrounding property owners. F. Natural Drainage Courses: All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term "natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and which serve a relatively small area where runoff is infrequent. Impeding Movement Of Water Prohibited: For any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, piping shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream properties. G. Natural Drainage Courses: All natural drainage courses shall be left undisturbed or be improved Meridian City Council Meeting Agenda July 9, 2019 – Page 92 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 7 OF 19 in a manner that will improve the hydraulics and ease of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term "natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and which serve a relatively small area where runoff is infrequent. Section 12. That Meridian City Code Section 11-3A-11, Unified Development Code, be amended as follows: A. The following types of lighting are exempt from the regulations of this section: 1. Light fixtures that have a maximum output of less than one thousand eight hundred (1800) lumens unless said fixture is the source of light trespass in violation of subsection C (3) of this chapter or is configured in a manner that impairs the vision of drivers and/or pedestrians in violation of subsection B (6) of this chapter. 2. All outdoor lighting produced by the direct combustion of natural gas or other fossil fuels such as kerosene lanterns or gas lamps. 3. Temporary hHoliday lighting used for forty (40) days or less per year that is not in violation of this section . 4. Vehicular lights and all temporary emergency lighting needed for fire protection, police protection, and/or other emergency services. 5. All hazard warning lights required by federal or state regulatory agencies. 6. Lighting when used to light a governmental flag in accordance with 4 USC 6(a); and provided, that the fixture used does not create light trespass in violation of this section. 7. Street lights and historical lights installed and configured to the appropriate specification for the application as determined by the Community Development Director or his/her appointee. B. The installation, use, or display of any of the following types of lighting and/or illumination shall be prohibited: 1. Mercury vapor lamp fixture and/or lamp. 2. Laser source light or any similar high intensity light. 3. Lighting that changes colors, revolves, or moves, including searchlights shall be prohibited in all districts, except where approved for temporary uses under a valid, current city of Meridian temporary use permit. 4. Lighting, including strings of lights, on commercial or private tower structures that exceed the district height limit, except as required by regulations of the federal aviation administration (FAA). 5. Strobing, revolving, or flashing lights. 6. Light or illumination with such brilliance or so positioned as to blind or dazzle impair the vision of drivers and/or pedestrians. 7. Low pressure sodium lighting. C. Standards: Meridian City Council Meeting Agenda July 9, 2019 – Page 93 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 8 OF 19 1. Light fixtures that have a maximum output of one thousand eight hundred (1,800) lumens or more shall have an opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff shield. See figure 1 of this section. 2. Light fixtures with a maximum output of one thousand eight hundred (1,800) lumens or more shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. See figure 2 of this section. 3. Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abutting properties. a. Floodlight fixtures shall be set to go on only when triggered by activity on the property (sensor activated) and to go off within five (5) minutes after activation has ceased. b. Floodlight fixtures shall be installed so that they do not tilt up more than forty five degrees (45°) down from vertical. All light emitting from any parcel shall not cause the light level along any property line abutting a residential use to exceed 0.1 foot-candle. Light readings shall be measured at a height of 60 inches above grade and in a plane at any angle of inclination. Any light exceeding 0.1 foot- candle, when documented in the above manner, and extending onto an abutting residential use constitutes light trespass. 4. Floodlight fixtures shall be located positioned in such a manner as to prevent direct glare into a street and to minimize impact on prevent light trespass on abutting properties. a. Floodlight fixtures shall be set to go on only when triggered by activity on the property (sensor activated) and to go off within five (5) minutes after activation has ceased. b. Floodlight fixtures shall be installed so that they do not tilt up more than forty five degrees (45°) down from vertical. 5. Uplighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield. 56. In residential districts, the height of a freestanding light fixture on private property shall not exceed six feet (6'). Streetlamps are exempt from this height restriction. 67. Light fixtures mounted on a wall may extend to the full height of the structure, but no farther. 78. Electrical feeds to outdoor light fixtures shall be underground, not overhead. 89. If an owner or applicant desires to obtain an alternative compliance from the provisions of this section, the procedure shall be in accord with chapter 5 , "Administration", of this title. Section 13. That Meridian City Code Section 11-3A-11 Figure 1 and 2, Unified Development Code, be amended as follows: Figure 1 EXAMPLES OF FULL CUTOFF SHIELDS OLD/REPLACE WITH NEW FIGURE BELOW Meridian City Council Meeting Agenda July 9, 2019 – Page 94 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 9 OF 19 NEW FIGURE FIGURE 2 LIGHT TRESPASS OLD/REPLACE WITH NEW FIGURE BELOW Meridian City Council Meeting Agenda July 9, 2019 – Page 95 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 10 OF 19 NEW FIGURE Section 14. That Meridian City Code Section 11-3A-14(A) and (C), Unified Development Code, be amended as follows: 11-3A-14: OUTDOOR STORAGE AS AN ACCESSORY USE: Accessory outdoor storage shall be allowed for an approved use subject to the following standards: A. All outdoor storage of material, equipment, inventory, personal property and/or supplies shall be conducted in an orderly manner. It shall be unlawful to conduct outdoor storage of materials, equipment, inventory, personal property and/or supplies in a manner that: 1. Creates a public nuisance, visual blight, or acoustic impacts by reason of condition, duration, and/or volume . Meridian City Council Meeting Agenda July 9, 2019 – Page 96 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 11 OF 19 2. Blocks, impedes or overlaps any sidewalk and/or vehicular traffic. 3. Causes the site to be used as a "vehicle wrecking or junk yard" as herein defined. B. For properties in commercial and/or traditional districts, outdoor storage of materials, equipment, inventory, and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent properties, the railway corridor, and public streets by a solid fence or wall with a minimum height of six feet (6'). Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure. C. For properties in residential districts, all materials, equipment, inventory, personal property and/or supplies, shall only be stored in the rear or side yard and shall be screened by a solid fence, six feet (6') in height. No outdoor storage of materials, equipment, inventory, personal property and/or supplies shall be allowed in the required street yard, except as follows: On corner properties, such materials may be stored in the street side yard where such area is screened by a solid fence, six feet (6') in height; see section 11-3A-7 of this article for fencing regulations in street side yards. Section 15. That Meridian City Code Section 11-3A-14(D)(2), Unified Development Code, be amended as follows: 2. For properties that adjoin the railway corridor, in addition to the standards of subsection D1 of this section, outdoor storage of materials, equipment, inventory, and/or supplies shall be screened from the interior edge of the required street buffer a distance of one hundred feet (100') from the edge of right of way parallel to the railway corridor. Section 16. That Meridian City Code Section 11-3A-20, Unified Development Code, be amended as follows: 11-3A-20: TRAVEL LING SLEEPINGLIVING QUARTERS: No motor vehicle or trailer including, but not limited to, travel trailers, fifth wheels, recreational vehicles, mobile tiny houses and/or motor coaches, shall be used as a residence or as living quarters except within an approved recreational vehicle park. No recreational equipment, including, but not limited to, tents, tepees, yurts, and/or huts, shall be used as a residence or as living quarters. Section 17. That Meridian City Code Section 11-3B-5(A)(1), Unified Development Code, be amended as follows: A. Approved Tree Species: 1. The publication titled " Treasure Valley Tree Selection Guide For Streets And Landscapes Throughout Idaho " by the urban forestry unit of the Boise parks and recreation department (latest edition) is hereby adopted by this reference as the city of Meridian's list of approved and prohibited tree species. The publication categorizes the trees by size as class I, class II, or class III trees. Section 18. That Meridian City Code Section 11-3C-4(A)(2), Unified Development Code, be amended as follows: Meridian City Council Meeting Agenda July 9, 2019 – Page 97 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 12 OF 19 2. Types Of Vehicles; Location Of Parking: Only automobiles and motorcycles displaying license plates and assigned to the vehicle with current registration may be parked in the required street yard. All other vehicles, including, but not limited to, vehicles without current registration, vehicles without license plates, recreational vehicles, personal recreational items, boats, trailers and/or other vehicles shall only be parked in the rear or side yard and shall be screened by a solid fence, six feet (6') in height. Section 19. That Meridian City Code Section Table 3C-6, Unified Development Code, be amended as follows: Section 20. That Meridian City Code Section 3D-8(A)(14)(f), Unified Development Code, be amended as follows: f. Properties within six hundred sixty feet (660') of the Interstate 84 freeway right of way and properties adjoining the Interstate 84 interchanges, as depicted on figures 1 , and/or 2 and/or 3 of this section are subject to the following standards: (1) Such freestanding signs shall be in lieu of, and not in addition to, signs which may be permitted by the district provisions set forth in subsections B through H of this section. Use And Form Number Of Bedrooms (Per Unit) Required Parking Spaces 1 Age restricted elderly housing (attached or detached) 1 0.5 per bed 2+ 2 per dwelling unit; at least 1 in an enclosed garage, other space may be enclosed or a minimum 10 foot by 20 foot parking pad 2 Dwelling, duplex and dwelling, single-family (detached, attached, townhouse) 1/2 2 per dwelling unit; at least 1 in an enclosed garage, other space may be enclosed or a minimum 10 foot by 20 foot parking pad 2 2/ 3/4 4 per dwelling unit; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10 foot by 20 foot parking pad 2 5+ 6 per dwelling unit; at least 3 in an enclosed garage, other spaces may be enclosed or a minimum 10 foot by 20 foot parking pad 2 Dwelling, multi-family 3 (triplex, fourplex, apartments, etc.) 1 1.5 per dwelling unit; at least 1 in a covered carport or garage 2/3 2 per dwelling unit; at least 1 in a covered carport or garage 4+ 3 per dwelling unit; at least 2 in a covered carport or garage Dwelling, secondary 1 As set forth above for single-family dwellings as determined by the total number of bedrooms on the property Nursing and Residential Care Facility 1 0.5 per bed Vertically integrated residential 4 1 1 per dwelling u nit 2/3 1 per dwelling unit 4+ 1 per dwelling unit Meridian City Council Meeting Agenda July 9, 2019 – Page 98 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 13 OF 19 (2) Freestanding signs within six hundred sixty feet (660') of the Interstate 84 freeway right of way are prohibited in residential districts. (3) The maximum background area of any sign shall not exceed one hundred fifty (150) square feet. (4) The maximum height of any sign shall not exceed forty feet (40'). (5) Properties exceeding seven hundred fifty feet (750') of linear freeway frontage may be allowed an additional height allowance and background area allowance. Such sign shall not exceed fifty feet (50') in height nor shall such sign exceed three hundred (300) square feet of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear freeway frontage. Section 21. That Meridian City Code Section 3D-8(A)(14)(f), Unified Development Code, be amended as follows: Figure 1 I-84/Meridian Road Interchange (Replace existing Exhibit) Meridian City Council Meeting Agenda July 9, 2019 – Page 99 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 14 OF 19 Figure 2 I-84/Eagle Road Interchange (Replace existing Exhibit) Figure 3 I-84/Ten Mile Interchange (New exhibit) Meridian City Council Meeting Agenda July 9, 2019 – Page 100 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 15 OF 19 Section 22. That Meridian City Code Section 11-3G-3(B), Unified Development Code, be amended as follows: B. Qualified Open Space: The following may qualify to meet the common open space requirements: 1. Active Or Passive In Intended Use: Any open space that is active or passive in its intended use, and accessible by all residents of the development, including, but not limited to: a. Open grassy area of at least fifty feet by one hundred feet (50' x 100') in area; b. Community garden; c. Ponds or water features; or d. Plaza .; or e. Linear open space area that is at least 20 feet and up to 50 feet in width, has an access at each end, and is improved and landscaped as set forth in subsection 11-3G-3E of this chapter. 2. Additions To Public Park: Additions to a public park or other public open space area. 3. Full Area of Buffer: The full area of the landscape buffer along collector streets may count toward the required common open space. 4. Percentage Of Buffer: Fifty percent (50%) of the landscape buffer along arterial streets may count toward the required common open space. 5. Parkways Along Collector And Local Residential Streets: Parkways along local residential streets that meet all of the following standards may count toward the common open space requirement: a. The parkway meets the minimum width standard as set forth in subsection 11-3A-17 E of this chapter. b. The parkway is planted with street trees in accord with section 11-3B-7, "Landscape Buffers Along Streets", of this chapter. c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be twenty six feet (26') by the width of the parkway. 6. Parkways Along Arterials: Parkways along arterial streets that meet all of the following standards may count toward the common open space requirement: a. The parkway is a minimum of ten feet (10') in width measured between edge of sidewalk and back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD; and (1) The parkway is planted with street trees and other materials in accord with subsection 11-3B- 7C, "Standards", of this chapter; or (2) The parkway contains planter beds which meet the following requirements: A) Lawn areas account for no more than fifty percent (50%) of parkway. (B) Massed shrubs which at maturity provide vertical relief between minimum of one foot (1') and maximum of three feet (3') in height, cover at least twenty five percent (25%) of parkway Meridian City Council Meeting Agenda July 9, 2019 – Page 101 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 16 OF 19 area during growing season. Shrubs must be planted as a continuous edge or in a distinct repeating pattern to create vertical visual break between roadway and pedestrian areas (C) Planter beds must meet mulching and vegetation coverage requirements listed under subsections 11-3B-5H and N of this chapter. 67. Stormwater Detention Facilities: Stormwater detention facilities when designed in accord with section 11-3B-11 , "Stormwater Integration", of this chapter may count towards the qualified open space requirement if located within a passive or active qualified open space of at least twenty thousand (20,000) square feet and is visible from a public street(s) on at least two (2) sides. 78. Open Water Ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty five percent (25%) of a required open space area when developed with at least one (1) site amenity in accord with UDC 11-3G-3C . All ponds with a permanent water level shall meet the following standards: a. The pond shall have recirculated water. b. The pond shall be maintained such that it does not become a mosquito breeding ground. Section 23. That Meridian City Code Section 11-3H-3, Unified Development Code, be amended as follows: 11-3H-3: PROCESS: Staff shall review all development applications for compliance with these standards. The City Council decision making body may consider and approve apply modifications to the standards of this article upon specific recommendation of the Idaho transportation department or if strict adherence is not feasible, as determined by City Council . Section 24. That Meridian City Code Section 11-4-3-14, Unified Development Code, be amended as follows: I. In all commercial and residential districts, education institutions shall provide one parking space for every four hundred (400) square feet of gross floor area. Section 25. That Meridian City Code Section 11-4-3-27(B)(1), Unified Development Code, be amended as follows: B. Site Design: 1. Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this title and/or Title 10 of this Code . Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. Section 26. That Meridian City Code Section 11-4, Unified Development Code, be amended as follows: Meridian City Council Meeting Agenda July 9, 2019 – Page 102 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 17 OF 19 11-4-3-48: INDOOR SHOOTING RANGE: A. No indoor shooting range shall be allowed within three hundred feet (300’), measured from property line to property line, of a residential use or district, daycare center, education institution, hospital, library or nursing or residential care facility. B. Accessory uses including, but not limited to, retail, equipment rental and restaurants are allowed if designed to serve patrons of the use only. The application shall include a sound study prepared by a licensed sound engineer that demonstrates how the proposed use will address the impact of noise on adjoining uses. Any adverse effects shall be mitigated through setbacks, buffers, sound mitigation and/or hours of operation Section 27. That Meridian City Code Section 11-4, Unified Development Code, be amended as follows: 11-4-3-49: RESTAURANT A. Parking: 1. At a minimum, one parking space shall be provided for every two and fifty (250) square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. Section 28. That Meridian City Code Section 11-5A-6(G)(5), Unified Development Code, be amended as follows: 5. The decision making body (see section 11-5A-2, table 11-5A-2 of this article) action shall be made within seventy (70) days after receiving all information to make a decision or seventy (70) days from the last meeting where the application is considered if additional information is not needed . For applications where the commission is acting as a recommending body, the commission shall forward its recommendation to the council within seventy forty five (4570 ) days. Section 29 That Meridian City Code Section 11-5A-8(B), Unified Development Code, be amended as follows: 11-5A-8: FEES: In the application of fees for the review of permit applications, the following rules shall apply: A. Basis For Calculation: For any requested public hearing involving more than one classification of a petition or application, the filing fee shall be calculated on the basis of the cumulative fee for the individual application(s). B. Waiver Of Fee: Notwithstanding any of the preceding fee schedules, the city council shall have the authority to waive in whole or in part any application fee when such a fee would present a hardship. An applicant for a hardship waiver must present the request in writing to the city council, outlining the degree of such hardship. Meridian City Council Meeting Agenda July 9, 2019 – Page 103 of 120 JULY , 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 18 OF 19 C. Fees Not Refundable: Fees to be charged for the various procedures stated above are not refundable, except where a petition or application is withdrawn at least three (3) weeks prior to the date of its scheduled public hearing, and then only after order by the city council. Section 30: That Meridian City Code Section 11-5B-4(B), Unified Development Code, be amended as follows: A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title. B. Applicability: The provisions of this section shall apply to requests to vary from the requirements of this title with respect to lot size, width, and depth; front, side, and rear setbacks; parking spaces; building height; all other provisions of this title affecting the size and shape of a structure or the placement upon properties ; and the placement and/or number of access points to state highways . If a means of alternative compliance is available, it should be exhausted before applying for a variance. Section 31: That Meridian City Code Section Table 11-5B-5, Unified Development Code, be amended as follows: B. Applicability: 1. This process is intended to replace specific requirements as set forth throughout this title as follows: TABLE 11-5B-5 ALTERNATIVE COMPLIANCE Permit Section Common driveway 11 -6C -3 Common open space and site amenity requirements 11 -3G Fence requirements 11 -3A -7 Height maximum in commercial districts 11 -2B -3 Height maximum in industrial districts 11 -2C -3 Height maximum in TN -C district 11 -2D -5 Landscape buffer for wireless communication facilities 11 -4-3-43 E Landscape requirements 11 -3B Landscaping for base of freestanding sign 11 -3D -8 Meridian City Council Meeting Agenda July 9, 2019 – Page 104 of 120 Lighting standards for pathway along State Highway 55 11-3H4C3 Outdoor lighting requirements 11 -3A-11 Multi -family private usable open space standards F11 -4-3-27B3 Noise abatement standards 11 -3H -4D Parking and loading plan requirements 11-3C-5 Parking requirements F11 -3C-_6 Private street standards 11-3F-4 Projecting sign allowance [11--3D-8E and F Sign location in the O -T district 11-3D-5 Structure and site design review standards 11-3A-19 Section 32. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 33. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this q_`' day of July, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this94" day of July, 2019. Q -TED AUV� . APPROVED: ATTEST: 0 2G tL (ilr of C.�VI E IDIAN-- IonHo Tammy de Weerd, Mayor CIIrIs Jo on, I SEAL ,lfhe TRF. JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE — H 2019-0049 PAGE 19 OF 19 IQ-iS33 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1833 An Ordinance Amending Meridian City Code As Codified At Title 11, Pertaining The To Notification Of Violations In Chapter; Residential Dimensional Standards And Allowed Use Tables In Chapter; Ditches, Laterals, Canals Or Drainage Courses; Outdoor Lighting; Outdoor Storage; Traveling Living Quarters; Parking Standards; Qualified Open Space And Variance Processing In Chapter 3; Specific Use Standards For Educational Institution, Indoor Shooting Range, Multi -Family Development And Restaurant In Chapter 4; Public Hearing, Fees, Variances And Alternative Compliance In Chapter 5 And Other Miscellaneous Sections; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordina ,,Wp beFoipe effective upon the passage and publication. Goy City of eri May and ' y Council By: Chris Johnson, City Clerk First Reading: -7'el— I 11 Cjjj of 2 �4H0 SEAL Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902: YES �(_ NO Second Reading: Third Reading: 1k STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1833 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 a copy of the attached Ordinance No. 19-1833 of the City of Meridian, Idaho, and has found the salve to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this q�" day of July, 2019. William. .M. Nary City Attorney ORDINANCE SUMMARY FOR UDC TEXT AMENDMENT ORDINANCE - JULY, 2019 I1-1$33 C'.j�/rE IDIIZAN,+-- CITY COUNCIL REGULAR MEETING AGENDA July 9, 2019 Agenda Item Number: 8 D Project File Name/Number: Item Title: Ordinance No. 19-1834 An Ordinance Authorizing The Conveyance Of Certain City Owned Real Property To The Ada County Highway District For Right -Of -Way Purposes: Portions Of Certain Real Property Located Along Ten Mile Road North Of Ustick: (1) A Parcel Located In The Se'/4 Of Section 34, T4n, R1w, Ada County Idaho, And (2) A Parcel Located In The Sw'/4 Of Section 35, T4n, R1w, Bm, Ada County Idaho; Authorizing The Mayor And City Clerk To Execute And Attest On Behalf Of The City Of Meridian The Deed And Other Documents Necessary To Complete The Transaction; Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Meeting Notes: 0 I TEM SHEET C ouncil Agenda I tem - 8.D. Presenter: Estimated Time f or P resentation: Title of I tem - Ordinance 19-1834: An Ordinance Authorizing T he C onveyance Of Certain C ity Owned Real P roperty To T he Ada County Highway District For Right-O f-Way P urposes: Portions Of C ertain Real P roperty L ocated Along Ten M ile Road North O f Ustick: (1) A Parcel L ocated In T he S e ¼ O f S ection 34, T 4n, R1w, Ada County Idaho, And (2) A P arcel L ocated In T he Sw ¼ Of Section 35, T 4n, R1w, Bm, Ada C ounty Idaho; Authorizing T he M ayor And City Clerk To E xecute And Attest On B ehalf Of T he City O f M eridian T he Deed And Other Documents Necessary To Complete T he Transaction; P roviding F or A Waiver Of T he Reading Rules; And P roviding An Effective D ate. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 7/2/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/2/2019 - 7:05 P M Meridian City Council Meeting Agenda July 9, 2019 – Page 106 of 120 ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 5 CITY OF MERIDIAN ORDINANCE NO. 19-1834 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT-OF-WAY PURPOSES: PORTIONS OF CERTAIN REAL PROPERTY LOCATED ALONG TEN MILE ROAD NORTH OF USTICK: (1) A PARCEL LOCATED IN THE SE ¼ OF SECTION 34, T4N, R1W, ADA COUNTY IDAHO, AND (2) A PARCEL LOCATED IN THE SW ¼ OF SECTION 35, T4N, R1W, BM, ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City’s best interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax supported governmental entity without compensation; and, WHEREAS, the proposed transaction would convey certain real property to the Ada County Highway District for right-of-way purposes; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on July 9, 2019 and at the conclusion of said hearing, the City Council moved to approve the conveyance, subject to certain terms and conditions, and directed staff to bring forth this Ordinance authorizing the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the July 9, 2019 meeting of the Meridian City Council. Section 2. That the City Council determined after the public hearing that the proposed conveyance is in the City’s best interest and that the property should be transferred without compensation to the City. Section 3. That the City Council has reviewed and approved the legal descriptions of the proposed right-of-way parcels located on Ten Mile Road as identified and depicted as Parcel 16 and Parcel 18 on the attached Exhibits and incorporated herein. Meridian City Council Meeting Agenda July 9, 2019 – Page 107 of 120 Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the Compensation Summary, Temporary Construction Easement, standard form warranty deeds and any other documents necessary to complete the conveyance authorized by this Ordinance. PASSED by the City Council of the City of Meridian, Idaho, this 9tn day of July, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 9`1 day of July, 2019. CITY OF MERIDIAN Tammy de Weerd �Q0�p TED AUGo ATTES� � �o Chris xrk \Z"H SEAL 4ojthe TRV I ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 5 I q " i g?J�3 ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 3 of 5 Meridian City Council Meeting Agenda July 9, 2019 – Page 109 of 120 ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 4 of 5 Meridian City Council Meeting Agenda July 9, 2019 – Page 110 of 120 ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 5 of 5 Meridian City Council Meeting Agenda July 9, 2019 – Page 111 of 120 CIDAHO -- CITY COUNCIL REGULAR MEETING AGENDA June 11, 2019 Agenda Item Number: 8 E Project File Name/Number: H-2019-0013 Gander Creek Item Title: Ordinance No. 19-1845 An Ordinance (H-2019-0013 - Gander Creek North & South) For Annexation Of Three Parcels Of Land Being In Ne 1/4 Of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 125.68 Acres Of Land From Rut To R-8 (Medium Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.E . Presenter: Estimated Time f or P resentation: Title of I tem - Ordinance 19-1845: An Ordinance (H-2019-0013 – Gander C reek North & South) F or Annexation Of T hree P arcels Of L and B eing In Ne ¼ O f S ection 32, Township 4 North, Range 1 West, Boise M eridian, Ada County, Idaho, As Descr ibed In Attachment “A” And Annexing C ertain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To T he Corporate L imits Of T he C ity Of M eridian As Requested By T he C ity Of M eridian; E stablish¬ing And D etermining T he Land Use Zoning C lassification Of 125.68 Acres Of Land F rom Rut To R-8 (M edium D ensity Residential) Zoning District In T he M eridian City Code; P roviding T hat C opies Of T his Ordinance Shall Be F iled With T he Ada C ounty Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax C ommission, As Required B y Law; And Providing F or A Summary Of T he Ordinance; And P roviding F or A Waiver Of T he Reading Rules; And P roviding An E ffective Date. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 7/3/2019 E xhibit A E xhibit 7/3/2019 E xhibit B E xhibit 7/3/2019 O rdinance Summary Ordinance 7/3/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/3/2019 - 7:04 P M Meridian City Council Meeting Agenda July 9, 2019 – Page 112 of 120 ADA COUNTY RECORDER Phil McGrane 2019-060656 BOISE IDAHO Pgs=8 NIKOLA OLSON 07/10/2019 12:02 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 19-1845 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2019-0013 — GANDER CREEK NORTH & SOUTH) FOR ANNEXATION OF THREE PARCELS OF LAND BEING IN NE !/ OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 125.68 ACRES OF LAND FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE, AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. �' 1 • 1 !' 1 MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein. incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Union Square, LLC/RWKInvestments, LLC/Heartland Townhomes Property Management, LLC and Kenneth P. Goldback & Melynda A. Maxwell. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential) and zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE — GANDER CREEK NORTH & SOUTH (II 2019-0013) Page 1 of 2 Meridian City Council Meeting Agenda July 9, 2019 — Page 113 of 120 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and snap with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirinative vote of one-half (1 /2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ILW 2019 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2019. MAYOR AAM,. Y de WEE ATTEST: QpRATED qUG \�G0 vs �-'V w' CHRIS J N N, CITY CLE IDIA0 SEA m2 STATE OF IDAHO, ) ) ss: County of Ada ) On this day of , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de W ERD and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY (S AL)COMMISSION #67390 NOTARY PUBLIC FOR IDAH NOTARY PUBLIC RESIDING AT:1 STATE OF IDAHO MY COMMISSION EXPIRES: aoa� MY COMMISSION EXPIRES 3/28/22 ANNEXATION ORDINANCE — GANDER CREEK NORTH & SOUTH (H 2019-0013) Page 2 of 2 Iii -ISS EXHIBIT A Gander Creek H-2019-0013 Page 1 Annexation & Zoning Legal Description Meridian City Council Meeting Agenda July 9, 2019 – Page 115 of 120 Page 2 Meridian City Council Meeting Agenda July 9, 2019 – Page 116 of 120 Page 3 Meridian City Council Meeting Agenda July 9, 2019 – Page 117 of 120 Page 4 Meridian City Council Meeting Agenda July 9, 2019 – Page 118 of 120 Page 3 Meridian City Council Meeting Agenda July 9, 2019 – Page 117 of 120 Page 4 Meridian City Council Meeting Agenda July 9, 2019 – Page 118 of 120 EXHIBIT B Gander Creek H-2019-0013 Page 1 Annexation & Zoning Exhibit Map Meridian City Council Meeting Agenda July 9, 2019 – Page 119 of 120 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1845 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance (H-2019-0013— Gander Creek North & South) For Annexation of three parcels of land located in the Northeast'/4 of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification Of 125.68 Acres Of Land From RUT To R-8 (Medium Density Residential) Zoning District In The Meridian City Code. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the � day of City of id' Mayor an City Council By: Chris Johnson, City Clerk m First Reading Adopted after first reading by suspension of §50-902: YES n NO Second Reading: N Third Reading: 2019. GO�pORAT, O4466 ,as allowed pursuant to Idaho Code STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1845 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 a copy of the attached Ordinance No. 19-1845 of the City of Meridian, Idaho, 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 qAtl day of � , 2019. (AJCIA dl--� William. L.M. Nary City Attorney ORDINANCE SUMMARY — Gander Creek North & South (H-2019-0013) Ig --1845 L��it�E IDIZ IAN.,^-- �J CITY COUNCIL REGULAR MEETING AGENDA July 9, 2019 Agenda Item Number: 9 Project File Name/Number: Item Title: Future Meeting Topics Meeting Notes: