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2019-08-27 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, August 27, 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 X Treg B ernt X Genesis Milam X L uke Cavener Mayor Tammy de Weerd 2. P ledge of Allegiance 3. C ommunity Invocation by L arry Woodard of Ten M ile Christian Church 4. Adoption of Agenda - Adopted 5. Announcements 6. F uture M eeting Topics - P ublic Forum (Up to 30 M inutes M aximum) Si gni ng up pri or to the start of the meeti ng is required. This time i s reserved for the public to address their el ected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/devel opment application. By law, no decisi ons 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 discussi on or action. The Mayor may also direct staff to further assist you in resolvi ng the matter following the meeti ng. 7. Action Items Public Heari ngs for Land Use Applications follow this process: Once the Public Heari ng is opened, City staff will present thei r report. F ollowing the report, the applicant is allowed up to 15 minutes to present their applicati on. Members of the public are allowed up to 3 mi nutes each to address council regarding the applicati on. If a person is representi ng a large group such as a Homeowner's Associati on, indicated by a show of hands, they may be allowed up to 10 minutes. Following all public testimony, the applicant is then allowed 10 additi onal mi nutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. The Ci ty Council may move to continue the item for additional informati on or vote to approve or deny the item with or without changes as presented. The Mayor i s not a member of the City Council and pursuant to Idaho Code does not vote on public heari ng items, unl ess to break a tie vote. A. F inal P lat Continued from J uly 16, 2019 for Cherry Blossom (H- 2019-0064) by Doug J ayo, J ayo L and D evelopment C ompany, LLC ., L ocated at 615 W. C herry L n. – Continued to September 10, 2019 B. P ublic Hear ing for Smart Food S ervice (H-2019-0084) by T he Land Group, Inc., L ocated at 2250 E . J ewel St. - Approved 1. R equest: To S hort Plat two (2) buildable lots on approximately 2.64 acres in the I -L zoning district C. P ublic Hear ing for Variance Findings UD C Text Amendment (H- 2019- 0071) by C ity of M eridian Planning D ivision, Located City of M eridian - Approved 1. R equest: A n A mendment to UD C 11-5B -4E in regard to the required f indings for Variance applications consistent with that of I daho C ode 67-6516 D. P ublic Hear ing Continued from August 20, 2019 for Silver S prings (H- 2019-0058) by Tall Timber C onsulting and Todd C ampbell C onstruction Inc., L ocated at 1035, 1157, 805 & 905 E . M cM illan Rd. - Approved 1. R equest: A nnexation and Z oning of 5.19 A cres of L and with an R -4 Z oning D istrict; and 2. R equest: P reliminary Plat C onsisting of 57 B uilding L ots and 6 C ommon L ots on 19.74 A cres of L and in the R -4 Z oning D istrict 8. O rdinances A. Ordinance No. 19-1846: An Ordinance (H-2018-0130 Razzberry Villas) F or Annexation Of A P arcel Of L and Being Lots 1, 2 And 3, B lock 6 Of Razzberry Crossing Subdivision As F iled For Record In Book 93 Of P lat At P ages 11215 T hru 11217, Records Of Ada County, Idaho, T he West 27.00 F eet Of North B right Angle Avenue Road Right Of Way, And T he North Half Of T he East Star Drive Road Right Of Way Lying In A P ortion Of T he NE ¼ Of Section 31, Township 4 North, Range 1 East, B oise M eridian, Ada County, Idaho; E stablishing And Determining T he L and Use Zoning Classification F rom R-8 (M edium Density Residential) And L- O (L imited O ffice) Zoning Districts To R-15 (M edium High Density Residential) Zoning D istrict In T he M eridian City C ode; P roviding T hat C opies Of T his Ordinance Shall B e Filed With T he Ada C ounty Assessor, T he Ada County Recorder, And T he Idaho S tate Tax C ommission, As Required By L aw; And Providing F or A Summary Of T he O rdinance; And Providing 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 6:34 PM Meridian City Council August 27, 2019. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, August 27, 2019, by President Je Borton. Members Present: Joe Borton, Luke Cavener, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Tammy De Weerd and Ty Palmer. Also present: Chris Johnson, Bill Nary, Kyle Radek, Kevin Holmes, Sonya Allen, Mark Ford, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton ___ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener ____ Mayor Tammy de Weerd Borton: Good evening. Welcome, everybody. It is Tuesday, August 27th. It's 6:00 p.m. for our regular City Council meeting. We will begin tonight's meeting with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance Borton: Item No. 2. If you would join for the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard of Ten Mile Christian Church Borton: Item No. 3, our community invocation tonight. Larry, thanks for joining us. Larry Woodard with the Ten Mile Christian Church. Appreciate you coming tonight. Good to see you. Woodard: Before we pray tonight I would just like to tell you that we have got s ome exciting news at the church. Borton: Let's hear it. Woodard: Once we get the engineer's okay we plan to next month have a groundbreaking that will basically double the size of our building. So, we have got the money, we have got the drawings, but we don't have the engineer's signature yet. But we look forward to that. Meridian City Council Meeting Agenda September 3, 2019 – Page 88 of 245 Meridian City Council August 27, 2019 Page 2 of 18 Borton: Congratulations. Woodard: Yeah. It will be good. Well, let's pray. Our Dear Heavenly Father, I ask for your blessing tonight on the Council. It oversees one of the fastest growing communities in the state and their decisions will last for generations. We are all witnesses to the rapid growth of our community. I think it's over 120 ,000. New streets, new businesses, new schools this fall. According to the news this weekend West Ada schools opened this week to full classrooms and portables are a common site at most schools. I just pray that we keep our children safe this fall. Be with the Council as it makes decisions on new subdivisions, business locations, especially the new Meridian redevelopment plans. Guide the decisions this fall as this Council tries to stay ahead of the growth curve. Tonight I ask for the safety of our personnel who deal with crime, fire and serious illness. Keep them all safe as they spend their days trying to protect us. Lastly I pray for our children of this growing community. May they find the schooling a time of learning and recreation facilities that they enjoy. Be with our teachers this fall in the West Ada schools as they pour their lives into these children, in Christ's name we pray, amen. Item 4: Adoption of Agenda Borton: Thank you, Larry. Item No. 4, adoption of the agenda. Anybody. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we adopt the agenda as presented. Milam: Second. Borton: It's been moved and seconded to adopt the agenda as published. All those in favor say aye. Agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Announcements Borton: Item No. 5, Announcements. Anybody have any? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Meridian Art Week, is that next week? Borton: Next week. Meridian Art Week. Absolutely. All week. Meridian City Council Meeting Agenda September 3, 2019 – Page 89 of 245 Meridian City Council August 27, 2019 Page 3 of 18 Cavener: Host of events. Borton: Lost of events, which I cannot site or list. Milam: The art walk. Art chalk. Borton: Thursday, the 5th Art Sip. Cavener: Great event. Borton: Be available. Arts foundation. Tickets at the door. You can show up. Special antiques. Lots of good fun. Ways to raise funds for the arts in Meridian. So, Art Week next week. And, then, there is a retirement party. It's Thursday -- Ford: Yeah. Thursday. Borton: Thursday. You want to go ahead and share details about that. Ford: That's -- it will be Thursday for Ray Ellis. Borton: Okay. That's going to be where? Ford: That will be here. Borton: Here in City Hall in Chambers? Ford: I think that's right -- yeah. Borton: Is that 30 years? You think? Ford: I think so. I'm not a hundred percent sure, but, yeah, I think it's 30 years. Borton: Okay. What time? Ford: 3:00 o'clock. Borton: 3:00 o'clock Thursday. All right. Thank you. Any other announcements, Council? Milam: Go straight from here to Art Sip. Borton: Could. Art Sip's 6:00 o'clock. Milam: Oh, not until 6:00. Borton: All right. Any other announcements? Meridian City Council Meeting Agenda September 3, 2019 – Page 90 of 245 Meridian City Council August 27, 2019 Page 4 of 18 Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Borton: Okay. Future meeting topics. Mr. Clerk, any signups? Johnson: Mr. President, there are no signups. Item 7: Action Items A. Final Plat Continued from July 16, 2019 for Cherry Blossom (H-2019-0064) by Doug Jayo, Jayo Land Development Company, LLC., Located at 615 W. Cherry Ln. Borton: Okay. Moving right along to Item 7, our Action Items. 7-A, deja vu. We have a final plat from July 16th. This is Cherry Blossom. Want to have a little explanation of what's going on in continuing to continue. Hi, Sonya. Allen: Yes. Thank you, Mr. Borton. The applicant is requesting continuance to September 10th in order to address issues with the existing irrigation ditch encroachments along the southern boundary of the site and to allow for the redesign and required access easements that have come up with the final plat review. So , he has assured me that he will be ready in two weeks. Or the 10th. Borton: Okay. Allen: So, certainly hope so. Borton: On these final plat extensions of extensions is there any reason to have concern -- for Council to be concerned at some point to -- Allen: No. The reason it's getting continued is so we can work out those issues, so that there aren't any issues, so -- no issues of concern. However, this one -- it would have been better if it would have been vacated from the agenda a long time ago until they were ready to bring it back, but -- Borton: Fair enough. Allen: -- they were confident each time that they would have it figured out and it's just been one of those projects. So , there has been issues. So, yeah, they should have me the revised plans hopefully this week. Borton: So, continuance would be to what? Allen: September 10th. Borton: September 10th. Okay. Thank you. Council, any questions on that? Meridian City Council Meeting Agenda September 3, 2019 – Page 91 of 245 Meridian City Council August 27, 2019 Page 5 of 18 Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Happy to make a motion. I guess maybe a quick comment first. I assume this will be shared with the applicant. I'm always supportive of continuing so we can address some of these solutions, but we put out -- our agenda and it's really our communication to the public and I think it makes the city and the applicant look like we don't have our act together when we continue something like this so often. So, I'm supportive of continuing this for two weeks to September 10th. I don't know how supportive I'm going to be two weeks from now. So, Mr. President, I move we continue number 7-A, the final plat H- 2019-0064 to September 10th. Bernt: Second. Borton: It's been moved and seconded to continue Item 7-A to September 10th. Any discussion? Mr. Clerk, is that roll call or -- or not. Johnson: I'm not sure, but I'm happy to do it. Borton: Never hurts to do roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for Smart Food Service (H-2019-0084) by The Land Group, Inc., Located at 2250 E . Jewel St. 1. Request: To Short Plat two (2) buildable lots on approximately 2.64 acres in the I -L zoning district Borton: Thank you. Item 7-B. It's a public hearing for Smart Food Service, H-2019-0084. Begin this public hearing with staff comments. Holmes: Thank you, Mr. President, Members of Council. This is a short plat application for the Smart Food Service located over on 2250 East Jewel Street. So, over here on the southeast corner Fairview and Eagle. A little bit in that subdivision. The site consists of 2.94 acres of land zoned I-L. This property was annexed and platted back in 1984 as the Treasure Valley Business Center and received approval as a planned development in 1991. This planned development established that commercial uses were permitted in these industrial zoned properties. The applicant is proposing to subdivide the existing lot into two buildable lots. They have already received a certificate of zoning compliance and design review approval for a grocery slash kind of restaurant supply store on the larger of the two lots. The other one is being kept for a building pad, basically, for a future Meridian City Council Meeting Agenda September 3, 2019 – Page 92 of 245 Meridian City Council August 27, 2019 Page 6 of 18 commercial building. These lots and proposed site improvements meet the standards of code and the short plat is in compliance with the criteria of UDC 11-6-B5. Therefore, staff is recommending approval with the conditions listed in the staff report. The only written testimony received is from Becky Yzaguirre, the applicant's representative, and she's in agreement with the staff report. Borton: Okay. Thanks, Kevin. Appreciate it. Council, any questions? Bernt: Not right now. Borton: Is the applicant here? Come on up. Give us your name and address for the record. Yzaguirre: Yeah. My name is Becky Yzaguirre. 1501 North 12th Street. Borton: Welcome. Yzaguirre: Do you guys have any questions? Borton: I don't think so. It's pretty straight forward. Yzaguirre: All right. Borton: Thanks for being here. Yzaguirre: Great. Thanks. Borton: Appreciate it. Mr. Clerk, any signups for testimony? Johnson: Mr. President, there were no signups. Borton: Well, that's quick. Anyone here from the public who wishes to provide any testimony on this application? Seeing none, Council, what's your pleasure? Milam: Mr. President? Borton: Mrs. Milam. Milam: I move that we approve Item 7 -B -- oh, I got to -- I move that we close the public hearing on 7-B. Cavener: Second. Borton: It's been moved and seconded to close the public hearing on -- Milam: Trying to get through this. Meridian City Council Meeting Agenda September 3, 2019 – Page 93 of 245 Meridian City Council August 27, 2019 Page 7 of 18 Borton: -- Item 7-B. All those in favor say aye. Thank you. The hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Mr. President? Borton: Mrs. Milam. Milam: Move that we approve H-2019-0084. Little Roberts: Second. Borton: It's been moved and seconded to approve H -2019-0084. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for Variance Findings UDC Text Amendment (H- 2019-0071) by City of Meridian Planning Division, Located City of Meridian 1. Request: An Amendment to UDC 11-5B-4E in regard to the required findings for Variance applications consistent with that of Idaho Code 67-6516 Borton: Thank you. Item 7-C is a variance findings public hearing on a UDC text amendment, H-2019-0071, application from our city to be led by Mr. Nary it appears. Maybe. Maybe not. Nary: I don't think so. I'm not certain. Allen: I'm happy to present. Borton: Great presentation, Bill. Nary: Thank you. Allen: Mr. President, Members of the Council, the next item before you is a request for a UDC text amendment. It's a request for an amendment to Unified Development Code 11- 5B-4E in regard to the required findings for variance applications consistent wit h that of Idaho Code. Recently there has been confusion on how the city is to grant approval or denial of a variance request per Idaho Code 67-6516, a variance is not considered a right or a special privilege, but may be granted if the applicant can demonstrate an undue Meridian City Council Meeting Agenda September 3, 2019 – Page 94 of 245 Meridian City Council August 27, 2019 Page 8 of 18 hardship because of site characteristics and the variance does not conflict with the public interest. To be consistent with Idaho Code the first finding is proposed to be removed that reads: The variance shall not grant a right or special privilege that is not otherwise -- otherwise allowed in the district. The other two findings are to remain as is , which state the variance relieves an undue hardship because of characteristics of the site and the variance shall not be detrimental to the public health, safety, and welfare. The Commission did recommend approval of this change. Staff will stand for any questions. Borton: Thanks, Sonya. Council, any questions? We are the applicant, so has anyone signed up to provide testimony on this? Johnson: Mr. President, nobody has signed up. Borton: Okay. Well, just some comment I guess, Sonya. This is a cleanup to at least clarify the process for applicants and for us and for staff , but one of the things that -- of the struggles applying this old language was -- greatly appreciated you and your staff holding applicants to the language of the code as it existed and sometimes there were instances when you would rightfully recommend denial of a variance because you can't make the findings and that's maybe not always popular, but if that's what code requires, we appreciate you doing that. That being said , I think this removal makes it easier to apply consistently and consistent with Idaho Code, so -- Allen: Yes. Borton: -- glad to see it come forward. Council, any questions for staff on it? Bernt: No questions. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Nobody speaking up, I move we close the public hearing for 7 -C, H-2019-0071. Milam: Second. Borton: It's been moved and seconded to close the public hearing on Item 7 -C. All those in favor say aye. Any opposed? The hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Move we approve 7-C, H-2019-0071 as presented. Meridian City Council Meeting Agenda September 3, 2019 – Page 95 of 245 Meridian City Council August 27, 2019 Page 9 of 18 Milam: Second. Borton: Moved and seconded to approve Item 7 -C. Any discussion from Council? Hearing none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: I'm going to -- maybe a question totally out of order, but, Sonya, are there any pending variance applications that this gets caught up with? Allen: Not to my knowledge, Councilman Borton. City attorney is shaking his head no. D. Public Hearing Continued from August 20, 2019 for Silver Springs (H-2019-0058) by Tall Timber Consulting and Todd Campbell Construction Inc., Located at 1035, 1157, 805 & 905 E. McMillan Rd. 1. Request: Annexation and Zoning of 5.19 Acres of Land with an R-4 Zoning District; and 2. Request: Preliminary Plat Consisting of 57 Building Lots and 6 Common Lots on 19.74 Acres of Land in the R -4 Zoning District Borton: Okay. Good. Appreciate that. Item 7-D is the continued public hearing coming back to us from last week, August 20th, for Silver Springs, H-2019-0058, annexation and zoning and preliminary plat application. This was c ontinued to try and see if there is a way to resolve the code prohibition, so, Sonya, do you want to kick off where we are at? Allen: Yes. Thank you, President, Councilmen. This project, as you said, was continued from the August 20th hearing in order for the applicant and staff to work together on solutions to the cul-de-sac proposed on the plat that exceeds the maximum length standards in the UDC by 50 feet. As you remember it was this one here on the left. The applicant did submit a concept plan showing how the property could be revised -- of how the plat could be revised to comply with the cul-de-sac length standard. The plan depicts a 430 foot cul-de-sac length, with a 331 foot long common driveway at the end of the cul- de-sac, with an emergency access driveway to McMillan Road that provides access to Lots 9 through 12, Block 1. So, if you can see here, this is the emergency access here to McMillan, which will serve these lots right here. Common driveways in excess of 150 feet are not allowed unless approved by the Fire Department and the Fire Department has reviewed the concept plan and approves of the common driveway as shown , provided the applicant complies with the requirements noted in the memo from staff to the Mayor and Council dated August 23rd. You guys should have all received a copy of that memo Meridian City Council Meeting Agenda September 3, 2019 – Page 96 of 245 Meridian City Council August 27, 2019 Page 10 of 18 in your packet for tonight's meeting. If Council approves the proposed concept plan, staff recommends Council include all of the conditions listed in the memo as conditions of approval for this project, which would allow development consistent with the concept plan or consistent with the code in effect at the time of final plat application submittal in the event an amendment to the code is approved to allow a longer cul-de-sac length. That was something that was discussed at the last hearing as well. The only other outstanding issue for Council tonight is the applicant did request Council approval of a waiver to 11- 3A-3 for the existing driveway access via McMillan Road to remain for the home at 1035 East McMillan Road until such time as the property redevelops and that, again, was the one with the red arrow here on the right. The other portion of the driveway on the left is not approved by ACHD, so we are just talking about the -- the one on the east. The Commission was in favor of the applicant's request on that matter. Staff will stand for any questions. Borton: Thanks, Sonya. Council, any questions of staff at this time? Would the applicant like to come forward? Welcome, Dave. Good to see you again. Yorgason: Good evening. For the record Dave Yorgason, 14254 West Battenburg Drive, Boise, and I want to thank the Council -- the Mayor is not here. Thank everyone who allowed us to have a few extra days to work with staff and to provide that concept plan. We agree with all of the terms and conditions in the demo, dated August 23rd, as a staff has outlined and we also want to highlight the importance , again, as a reminder as staff has also brought up, pertaining to the access to the home at 1035 East McMillan and the need for us to keep that eastern access driveway onto McMillan. We agree to remove the western one, but we are asking for your approval of removing -- excuse me -- allowing that eastern access to remain. It does line up with Larkwood and ACHD and the Planning and Zoning Commission were both supportive of keeping that eastern access. With that we request your approval tonight with that acknowledgement of those two items of the memo and the access to 1035 McMillan. And will stand for any questions. Borton: Thank you. Council, any questions? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I don't remember what was spoken about last -- last week in regard to the gentleman's home that you're requesting existing access off of McMillan, but what's the plan when he isn't occupying that house? Are you guys going to redevelop that or is it going to be for sale to another entity or -- Yorgason: President Borton and Council Member Bernt, Boyd Hill is the gentleman that lives there. Bernt: Right. Meridian City Council Meeting Agenda September 3, 2019 – Page 97 of 245 Meridian City Council August 27, 2019 Page 11 of 18 Yorgason: He has lived there for a long time. I don't know how long, but I went to high school with his kids and they were living there at that time and so he will live there until he passes and he will retain the ownership of that place. We will not own the property. What was explained to me is the family will, then, own the property and most likely you can kind of see there there is some room left over, so most easily it would be developed into a couple of parcels -- not multi-family, but just maybe a lot split of some type would be a likely scenario. But can I stand here to tell you what the design is? We don't have that. It hasn't been designed and it probably won't be until he passes. Bernt: All right. Milam: Mr. President? Borton: Mrs. Milam. Milam: So, Dave, along those lines, are you okay if we word it as opposed to redevelopment as it -- as to change of hands of the property? Yorgason: Mr. President, Council Member Milam, yes. Milam: Okay. Yorgason: Either is fine. Whichever is easiest for the city. Milam: Thank you. Yorgason: Just while he lives there we need to keep that entry -- Milam: Right. So, we are clear on -- yeah. Yorgason: Thank you. Milam: Thank you. Borton: Mr. Nary, any concern on that? I guess a little more enforceable or not, having a change of title being the trigger? Nary: Mr. President, Members of Council, I -- I don't see a real issue either way, so that's fine. Borton: Okay. Council, any other questions? So, I have got maybe a question or a comment for you. I didn't know what was going to happen over the course of a week in efforts trying to come up with a solutions It was better to not try and do it up here on the dais, but I didn't -- I guess my hope was it wouldn't be this in all candor. If you were to pick this revised plat or your original plat, I assume the original plat would be your strong preference. Meridian City Council Meeting Agenda September 3, 2019 – Page 98 of 245 Meridian City Council August 27, 2019 Page 12 of 18 Yorgason: Council Member -- Mr. President, yes, that's why we submitted it initially. Borton: Sure. Yorgason: That's why I came back to you after the consideration, the discussion, though, well, I will give it a shot and I will ask one more try, b ut it was pretty clear that the Council did not want to -- or at least wasn't able to grant us that, which we understand. Borton: Sure. And I think that's a -- that's an important distinction, at least for me, that I would love to have been able to approve that and my hope was if there was a chance over the course of a week there might have been , I don't know, some magic language uncovered, which would have allowed the prior plat to be the one that gets approved, because I think that's the correct one without emergency access to McMillan. So, there is a solution still, it's just not as quick, as I understand it. If -- in order for the original plat -- and, Sonya, correct me if I'm wrong, but in order for the original plat to be viable for approval, it would have to pause and wait for a variance application to come forward or not at all. Allen: Council President Borton, that would be a text amendment. Borton: There is no way out of -- Allen: No. Borton: Interesting. Allen: Yeah. And just while I have the mic -- Borton: Sure. Allen: -- I do have concern about including language when the deed changes on that. We just have no way of tracking that. You -- you can put that in the development agreement, but -- and I don't disagree that's not a bad idea, but we just -- we don't have any way to track ownership or to require them, for that matter, at that point. Borton: What ability do you have if it's based on redevelopment? Allen: Then they will be submitting an application to the city and, then, there will be a provision in the development agreement that will trigger that going away. Borton: Okay. Yorgason: Council President Borton, I'm not going to speak for the city, but I would agree with staff. Borton: Okay. Meridian City Council Meeting Agenda September 3, 2019 – Page 99 of 245 Meridian City Council August 27, 2019 Page 13 of 18 Yorgason: If I were in your shoes that's a better choice. Borton: Sure. Allen: For both. Borton: Another question. In -- in a perfect world would there be flexibility afforded to a Council to grant variances or waivers or some mechanism to allow this type of circumstance to approve a cul-de-sac a little bit longer. Allen: No. President Borton, I can defer to the city -- the city attorney on that, but there is no language in our city code that I'm aware of that will allow for it. Borton: And not that there is, but should there be? I mean I understand -- let's learn from this application if there is ways to improve -- Allen: If Council would like to provide staff direction for a future code amendment, then, yes, that would be great. By all means let us know what your direction is. Borton: I was putting it back on -- on you. I was asking for your professional judgment if you thought that would be a valuable tool for us to have. Nary: So, maybe I could -- I could help, Mr. President. The problem is is no matter what you set the standard someone will want to do a different standard and variances are supposed to be few and far between to avoid it being arbitrary and so even with us changing the variance requirements today, we aren't really aligning with state code and the intent is to, again, keep them fairly restrictive. So, I don't know -- in this circumstance it, obviously, makes very much sense to the applicant for the design they had proposed , but in my experience we haven't had a tremendous amount of push back to the existing standard. Now, you can change the standard, which is fine, you will probably get the same issue at some point in the future , but if you create a variance or some other exception, then, you're going to need to make findings as to why this one requires it and it not simply is an arbitrary -- we like this applicant, we didn't like the last applicant, because that's the problem -- Borton: Sure. Nary: -- we run into is that it sounds really good and the next one maybe doesn't sound as good and it really isn't much different. So, again, it's -- the standard can change, but to give you the Council an option to vary it or change it because of a request will likely lead to more exceptions than the rule. So, that's the problem I would be concerned with. Borton: Good advice. Okay. Milam: Mr. President? Meridian City Council Meeting Agenda September 3, 2019 – Page 100 of 245 Meridian City Council August 27, 2019 Page 14 of 18 Borton: Mrs. Milam. Milam: You are still putting in that really awesome little tot lot; right? Yorgason: Mr. President -- Council President and Council Member Milam, I don't know why I would do anything different than that. Milam: Well, I didn't think so. Yorgason: The answer is, yes, we will put this tot lot in. Milam: I just wanted to make sure, because, you know, it's really important to me. Yorgason: The only change we are suggesting is this cul -de-sac length. Thanks for asking. Milam: I just wanted to bring up your awesome tot lot again, because it was so cute. I want to play on it. Borton: Any other questions of the applicant? Okay. Thank you, Dave. Yorgason: You're welcome. Thanks again. Borton: This is a public hearing. Any signups? Johnson: Mr. President, there are no signups. Borton: No signups. How about anybody in the public who wished to provide testimony that didn't sign up? Seeing none. Joe, I will put you on the spot briefly for comment from Fire, comfort with this revised solution and the language in the proposed -- Bongiorno: It's not ideal, but we can live with it. I'm not sure -- I haven't had a chance to talk to Dave if you are going to do bollards or a gate. I think the gate would be more problematic, if it's a swing gate. I sliding gate might work, but I think bollards are going to be the best. So, we haven't talked about that. But other than that I think we can live with the way it is. That's not a problem. Because if we did have to get to Lot 12, instead of backing the fire engine all the way out, we can just push the bollards over and go through. So, it would be really simple. I had no problems with it, other than, excuse me, what Sonya had mentioned about -- in the memo with the bollards and -- and/or gate and no parking signs to make sure we don't -- we keep that lane open all the time. Borton: So, in the condition it's or. Is that -- is that an or that the applicant selects, either one to comply? Bongiorno: Either one is fine. Meridian City Council Meeting Agenda September 3, 2019 – Page 101 of 245 Meridian City Council August 27, 2019 Page 15 of 18 Borton: Okay. Bongiorno: The bollards would be better. But a gate would be okay also. Borton: Okay. Bollards preferred. Got it. Thanks. Any questions of -- of staff by Council? Applicant, you get the final word. Welcome back. Yorgason: For the record Dave Yorgason. I saw one or several Council Members look at me like what are you going to do. So, in the spirit of being not only better playground and better -- bollards is the preference for the Fire Department. Borton: Appreciate that. Any other questions on the conditions, language? Yorgason: I would ask -- so, we just keep this simple, I know you're wrestling through text and so maybe you don't change the memo, but if you really want to wrestle through it, that's fine, but bollards is -- is our preferred direction. Borton: Sure. I appreciate that. Yorgason: You're welcome. Borton: Staff, any -- anything you need? Questions -- Allen: No. I'm good. Thank you. Borton: -- unanswered? Okay. Appreciate it. Yorgason: Thank you again. Borton: Any additional information Council needs on Item 7-D? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we close the public hearing on Item 7-D. Milam: Second. Borton: Moved and seconded to close the public hearing. All those in favor say aye. Any opposed? The hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: What's your pleasure, Council? Meridian City Council Meeting Agenda September 3, 2019 – Page 102 of 245 Meridian City Council August 27, 2019 Page 16 of 18 Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Just a comment. I don't think there is anybody in this room right now that prefers what's in front of us over what we saw last week. I could be wrong, but I -- I get really uneasy about those long strips and emergency access and what he had here is before us right now is preferred. Recognize that we got our way a little bit on this one. I want to be supportive to the applicant. If this alternative version that's presented is preferred, as opposed to taking a little longer to get it done, I'm inclined to move forward. Small application. It would be a good -- good piece of infill. I think it serves a good need in a growing part of our community. So, while I don't love it, I'm supportive of moving forward with the application tonight. Borton: Any other discussion? Bernt: No. I agree. Borton: Okay. Cavener: And, Mr. President, I apologize, I took a -- I took a little bit out of turn. So, I move that we approve Item 7-D, Silver Springs, H-2019-0058, with the proposed map that is before the Council that depicts a significantly longer emergency access and I guess to include that bollards will be placed at the emergency access and for Council Woman Milam that the tot lot remains unchanged. Milam: And the access to McMillan. Cavener: Oh. And I think that was part of the original application, but that the entrances are depicted as presented and for that access to be removed upon redevelopment. Milam: Second. Borton: Moved and seconded -- Allen: Mr. Borton, may I clarify? Borton: Please. Allen: Is Council approving the waiver for access for the eastern driveway and also -- Milam: The eastern driveway. Allen: -- is Council approving the recommended conditions of approval in the memo to Mayor and Council? Thank you. Meridian City Council Meeting Agenda September 3, 2019 – Page 103 of 245 Meridian City Council August 27, 2019 Page 17 of 18 Cavener: Mr. President, yes, thank you for asking for the clarification, Sonya. Borton: Okay. Council, any discussion? If not, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Ordinances A. Ordinance No. 19-1846: An Ordinance (H-2018-0130 Razzberry Villas) For Annexation Of A Parcel Of Land Being Lots 1, 2 And 3, Block 6 Of Razzberry Crossing Subdivision As Filed For Record In Book 93 Of Plat At Pages 11215 Thru 11217, Records Of Ada County, Idaho, The West 27.00 Feet Of North Bright Angle Avenue Road Right Of Way, And The North Half Of The East Star Drive Road Right Of Way Lying In A Portion Of The NE ¼ Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification From R-8 (Medium Density Residential) And LO (Limited Office) Zoning Districts To R-15 (Medium High 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. Borton: That is the last action item under Item 7. Item No. 8-A is Ordinance No. 19-1846. Johnson: Thank you, Mr. President. This is an ordinance 2018 -0130, Razzberry Villas, for annexation of a parcel of land being Lots 1, 2 and 3 of Block 6, of Razzberry Crossing Subdivision as filed for record in Book 93 of Plat, at pages 11215 through 11217, records of Ada county, Idaho. The west 27.00 feet of North Bright Angle Avenue Road right of way and the north half of the East Star Drive Road right of way, lying in a portion of the NE ¼ of Section 31, Township 4 North, Range 1 East, Boise meridian, Ada county, Idaho; establishing and determining the land use zoning classification from R-8 (Medium Density Residential) and L-O (Limited Office) Zoning Districts to R-15 (Medium High 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. Meridian City Council Meeting Agenda September 3, 2019 – Page 104 of 245 Meridian City Council August 27, 2019 Page 18 of 18 Borton: You have heard Ordinance 19-1846 read by title only. Anybody want to hear it in its entirely? Milam: Mr. President? Borton: Mrs. Milam. Milam: Seeing none, I move that we approve Ordinance No. 19-1846 with suspension of rules. Little Roberts: Second. Borton: It's been moved and seconded to approve Item 8-A. No discussion, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics Borton: Item 9, Future Meeting Topics. Anything? No? We are done. Is there a motion to adjourn? Milam: I move that we adjourn. Little Roberts: Second. Borton: All those in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Good work. Good evening. MEETING ADJOURNED AT 6:34 P.M. (AUD ECOR I FILE OF THESE PROCEEDINGS) q /3 U!Ue,1?)Or h COV"ri GSTATE APPROVED ATTE o�°� z ('lty °f N �IlaE IDIA o C RI i bFVbN - CITY CLER tilFR or the TR<�- E IDLA 1* -- CITY COUNCIL REGULAR MEETING AGENDA August 27, 2019 Agenda Item Number: 7 Item Title: Future Meeting Topics — Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This 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: 8/27/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/27/2019 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:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=306 1/1 EIDIAN*,----- DAHO CITY COUNCIL REGULAR MEETING AGENDA August 27, 2019 Agenda Item Number: 7 A Item Title: Final Plat Continued from July 16, 2019 for Cherry Blossom H-2019-0064 By Doug Jayo, Jayo Land Development Company, LLC. Located at 615 W. Cherry Ln Meeting Notes: Con�lnue-d -c> SeP4% ID/2D/� 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 uly 16, 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 lick H ere for Application M aterials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Request to C ontinue to 9-10-19 Cover Memo 8/23/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/23/2019 - 1:06 P M Meridian City Council Meeting Agenda August 27, 2019 – Page 4 of 80 Landscape Architecture ● Civil Engineering ● Graphic Communication ● Erosion Control ● Irrigation Design ● Land Planning Cc: FILE Jayo Land Development Company, Inc. Breckon Land Design Inc. Post Office Box 44465 Boise, Idaho 83711 p: 208-376-5153 f: 208-376-6528 www.breckonlanddesign.com August 23, 2019 Mrs. Sonya Allen | Associate Planner City of Meridian | Community Development Department 33 East Broadway Avenue, Suite 102, Meridian, Idaho 83642 Phone: 208‐884‐5533 | Fax: 208‐489‐0578 Project: Cherry Blossom Place Subdivision 615 W. Cherry Lane Meridian, ID 83642 Re: Request for Continuance On behalf of Jayo Land Development Company, Inc., I would like to request a continuance for the scheduled city council hearing on August 27th to the September 10th date, due to the need to address issues with the existing irrigation ditch encroachments and to allow for the redesign and required access easements that have come from the final plat review. Should you have questions or require further information, please let me know as soon as possible. Sincerely, Breckon Land Design, Inc. Jon Breckon, PLA, ASLA, CPSI Meridian City Council Meeting Agenda August 27, 2019 – Page 5 of 80 �Q/rE IDIANnAHO - CITY COUNCIL REGULAR MEETING AGENDA August 27, 2019 Planning Public Hearing Outline and Presentations Meeting Notes: Changes to Agenda: • Item #7A: Cherry Blossom – FP (H-2019-0064) – Applicant requests continuance to Sept. 10th in order to address issues with the existing irrigation ditch encroachments along the southern boundary of the site & to allow for the redesign and required access easements that have come up with the final plat review. Item #7B: Smart Food Service (H-2019-0084) Application(s): ➢ Short Plat Size of property, existing zoning, and location: This site consists of 2.94 acres of land, zoned I-L, located at 2250 E. Jewel St. History: This property was annexed and platted in 1984 as the Treasure Valley Business Center; it received approval as a Planned Development in 1991 also under this name. This planned development established that commercial uses would be permitted on industrially zoned properties. Comprehensive Plan FLUM Designation: General Industrial Summary of Request: The applicant is proposing to subdivide the existing single lot into two buildable lots. They have already received Certificate of Zoning Compliance and Design Review approval on Lot 1, Block 1 for a grocery/restaurant supply store. The other lot is being kept as building site for a future commercial building. The lots and proposed site improvements meet the standards of code and the short plat is in compliance with the criteria set forth in UDC 11-6B-5. Staff Recommendation: Approval w/conditions Written Testimony: Becky Yzaguirre, Applicant’s Representative (in agreement with the conditions of the staff report) Notes: Possible Motions: Continuance I move to continue File Number H-2019-0084 to the hearing date of for the following reason(s): Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0084, as presented in the staff report for the hearing date of August 27, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0084, as presented during the hearing on August 27, 2019, for the following reasons: (You should state specific reasons for denial) Item #7C: Variance Text Amendment (H-2019-0071) Application(s): ➢ UDC Text Amendment Summary of Request: Request for an amendment to Unified Development Code (UDC) 11 -5B-4E in regard to the required findings for Variance applications consistent with that of Idaho Code. Recently, there has been confusion on how the City is to grant approval or denial of a variance request. Per Idaho Code 67-6516, a variance is not considered a right or special privilege but may be granted if the Applicant can demonstrate an undue hardship because of site characteristics and the variance does not conflict with the public interest. To be consistent with Idaho Code, the first Finding is proposed to be removed that reads, “The Variance shall not grant a right or special privilege that is not otherwise allowed in the district.” The other 2 findings are to remain as-is which state, “The variance relieves an undue hardship because of characteristics of the site; and the variance shall not be detrimental to the public health, safety and welfare.” Commission Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0071, as presented in the staff report for the hearing date of August 27, 2019, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0071, as presented during the hearing on August 27, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0071 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance) Item #7D: Silver Springs (H-2019-0058) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat This project was continued from the August 20th hearing in order for the Applicant and Staff to work together on solutions to the cul-de-sac proposed on the plat that exceeds the maximum length standards in the UDC by 50’+/-. The Applicant submitted a concept plan showing how the plat could be revised to comply with the cul-de-sac length standard. The plan depicts a 430’ cul-de-sac length with a 331’ long common driveway at the end of the cul-de-sac with an emergency access driveway to McMillan Rd. that provide s access to Lots 9-12, Block 1. Common driveways in excess of 150’ are not allowed unless approved by the Fire Department. The Fire Department has reviewed the concept plan and approves of the common driveway as shown, provided the Applicant complies with the requirements noted in the memo from Staff to the Mayor & Council dated August 23rd. If Council approves of the proposed concept plan, Staff recommends Council include all conditions listed in the memo as conditions of approval for this project which would allow development consistent with the concept plan or consistent with the code in effect at the time of final plat application submittal in the event an amendment to the code is approved to allow a longer cul-de-sac length. Outstanding Issue(s) for City Council: i. The Applicant’s request for a Council waiver to UDC 11-3A-3 for the existing driveway access via McMillan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops. The Commission was in favor of the Applicant’s request. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0058, as presented in the staff report for the hearing date of August 27, 2019, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0058, as presented during the hearing on August 27, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0058 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance) City Council Meeting August 27, 2019 Zoning Map Future Land Use Map Aerial Map Plat Landscape Plan Proposed UDC Text Amendment UDC Section Topic Problem/Question Potential Fix 11-5B-4(E) Variances Recently, there has been confusion on how the City is to grant approval or denial of a variance request. Per Idaho Code 67-6516, a variance is not considered a right of special privilege but may be granted if the applicant can demonstrate an undue hardship because of site characteristics and the variance does not conflict with the public interest. To be consistent with Idaho Code, the first Finding is being removed. Further, this item has been addressed in D. of this section. A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012) B. Applicability: The provisions of this section shall apply to requests to vary from the requirements of this title with res pect to lot size, width, and depth; front, side, an d 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. If a means of alternative compliance is available, it should be exhausted before applying for a variance. C. Process: 1. The applicant shall complete a preapplication conference with the director prior to submittal of an application for a variance. 2. An application and fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the direct or on forms provided by the planning department. 3. The council shall apply the standard listed in subsection D of this section and all the findings listed in subsection E of this section to review the variance. D. Standard: The variance shall comply with Idaho Code section 67-6516. E. Required Findings: In order to grant a variance, the council shall make the following findin gs: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 21. The variance relieves an undue hardship because of characteristics of the site; and 32. The variance shall not be detrimental to the public health, safety, and welfare. Zoning Map Future Land Use Map Aerial Map Revised Preliminary Plat/Landscape Plan Proposed Access to Remain via McMillan Rd. Garage McMillan Rd. Phase 2 Phase 1 Proposed Concept Plan Children’s Play Equipment EIDIANC-- 1 DAJ CITY COUNCIL REGULAR MEETING AGENDA August 27, 2019 Agenda Item Number: 7 B Item Title: Public Hearing for Smart Food Service (H-2019-0084) By The Land Group, Inc., Located at 2250 E. Jewel St. Request: Short Plat two (2) buildable lots on approximately 2.64 acres in the I -L zoning district. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for S mart F ood S ervice (H-2019-0084) by T he L and Group, Inc., L ocated at 2250 E. J ewel S t. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 8/21/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/21/2019 - 1:13 P M Meridian City Council Meeting Agenda August 27, 2019 – Page 6 of 80 8/27/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/27/2019 Hearing Type: Council Item Number: 7-B Project Name: Smart Food Service Project No.: H-2019-0084 Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=307 1/1 Page 1 HEARING DATE: 08/27/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0084 Smart Food Service LOCATION: 2250 E. Jewel St. I. PROJECT DESCRIPTION The Applicant proposes a Short Plat to create two buildable lots on approximately 2.64 acres in the I- L zoning district. II. APPLICANT INFORMATION A. Applicant: The Land Group – 426 E. Shore Dr. Ste. 100, Eagle, ID 83616 B. Owner: Barclay Holdings LXXVII, LLC – 2390 E. Camelback Rd. #200, Phoenix, AZ 85016 C. Representative: Same as applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 8/9/2019 Radius notice mailed to properties within 300 feet 8/6/2019 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda August 27, 2019 – Page 7 of 80 Page 2 IV. STAFF ANALYSIS The proposed short plat creates two building lots on 2.64 acres in the I-L zoning district. The owner has received Certificate of Zoning Compliance and Design Review approval (A-2018-0351) for Lot 1, Block 1 for a grocery/restaurant supply store. Lot 2, Block 1 is being kept as building site for a future commercial building. Commercial uses are allowed to develop on the property in accord with the approved Planned Unit Development (Treasure Valley Business Center) approved in 1991. All of the lots in the proposed subdivision comply with the dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district. Future building height and setbacks are also required to comply with the aforementioned standards. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and has deemed the short plat to be in substantial compliance with said requirements. V. DECISION Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report. Meridian City Council Meeting Agenda August 27, 2019 – Page 8 of 80 Page 3 VI. EXHIBITS A. Proposed Plat (dated: 7/9/2019) Meridian City Council Meeting Agenda August 27, 2019 – Page 9 of 80 Page 4 Meridian City Council Meeting Agenda August 27, 2019 – Page 10 of 80 Page 5 B. Proposed Landscape Plan (dated: 02/6/2019) Meridian City Council Meeting Agenda August 27, 2019 – Page 11 of 80 Page 6 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (Treasure Valley Business Center AZ, PP, FP from 1984, Treasure Valley Business Center Planned Development approval from 1991, A-2018-0351). 2. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 4. Development of any lot shall require submission of Certificate of Zoning Compliance and Design Review per UDC-11-5B-1 and shall meet all applicable requirements of City of Meridian code. 5. The landscape plan, prepared by SCJ Alliance, dated 02/06/2019, is approved as shown in Section VI.B. Meridian City Council Meeting Agenda August 27, 2019 – Page 12 of 80 Page 7 6. The short plat prepared by The Land Group, Inc. by James R. Washburn, included in Section VI.A shall be revised as follows: a. Graphically depict required ten-foot landscape buffer along E. Jewel St. b. Graphically depict required twenty-foot landscape buffer along W. Hickory Ave. c. Note #1: Include declarations instrument number. d. Remove Note #2. e. Note #3: Include ACHD license agreement instrument number. Designate entity to own and maintain landscaping. f. Note #4: Include Settlers Irrigation license agreement instrument number. g. Note #5: Include instrument number. 7. Staff’s failure to cite specific ordinance provisions or conditions of approval does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. No new public sewer or water infrastructure is being planned as part of this project 2. Streetlights are to be installed and upgraded with the building improvements that are currently taking place. General Conditions: 1. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 2. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 3. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 4. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 5. Developer shall coordinate mailbox locations with the Meridian Post Office. 6. All grading of the site shall be performed in conformance with MCC 11-1-4B. 7. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 9. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The Meridian City Council Meeting Agenda August 27, 2019 – Page 13 of 80 Page 8 contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 10. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 11. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 12. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 13. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 14. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as General Industrial. The current zoning district of the site is I-L. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. Meridian City Council Meeting Agenda August 27, 2019 – Page 14 of 80 Page 9 E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site. Meridian City Council Meeting Agenda August 27, 2019 – Page 15 of 80 EIDIAN,?-- � J CITY COUNCIL REGULAR MEETING AGENDA August 27, 2019 Agenda Item Number: 7 C Item Title: Public Hearing for Variance Findings UDC Text Amendment (H-2019-0071) By The City of Meridian. 1. Request: An Amendment to UDC 11-58-4E in regard to the required findings for Variance Applications consistent with that of Idaho Code 67-6516.. Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 7.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Variance F indings UD C Text Amendment (H-2019-0071) by C ity of M eridian Planning Division, L ocated C ity of M eridian C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 8/14/2019 Minutes from Planning and Z oning Commission Hearing B ackup Material 8/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/14/2019 - 11:38 A M Meridian City Council Meeting Agenda August 27, 2019 – Page 16 of 80 8/27/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/27/2019 Hearing Type: Council Item Number: 7-C Project Name: UDC Text Amendment Project No.: H-2019-0071 Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=308 1/1 Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: August 20, 2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0071 Variance Text Amendment I. PROJECT DESCRIPTION Request for an amendment to Unified Development Code (UDC) 11-5B-4E in regard to the required findings for Variance applications consistent with that of Idaho Code 67-6516. II. APPLICANT INFORMATION A. Applicant: City of Meridian – 33 E. Broadway Ave., Meridian, ID 83642 B. Representative: Bill Parsons, Community Development Dept., Planning Division – 33 E. Broadway Ave., Ste. 102, Meridian, ID 83642 III. NOTICING A. Newspaper notification published on: June 28, 2019 B. PSA distributed: June 28, 2019 C. Next door posting: June 25, 2019 IV. STAFF ANALYSIS There are currently three (3) required Findings listed in UDC 11-5B-4E that Council is required to make in order to grant a variance, as follows: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; and, 3. The variance shall not be detrimental to the public health, safety and welfare. Recently, there has been confusion on how the City is to grant approval or denial of variance requests based on these Findings. Per Idaho Code 67-6516, a variance shall not be considered a right or special privilege but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and is not in conflict with the public interest. The complete code section reads as follows: Meridian City Council Meeting Agenda August 27, 2019 – Page 17 of 80 Page 2 “67 -6516. VARIANCE — DEFINITIO N — APPLICATION — NOTICE — HEARING. Each governing board shall provide, as part of the zoning ordinance, for the processing of applications for variance permits. A variance is a modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, f ront yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Prior to granting a variance, notice and an opportu nity to be heard shall be provided to property owners adjoining the parcel under consideration and the manager or person in charge of the local airport if the variance could create an aviation hazard as defined in section 21-501, Idaho Code. Denial of a variance permit or approval of a variance permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by secti on 67-8003, Idaho Code, consistent with the requirements established thereby.” Therefore, the City proposes an amendment to the UDC consistent with Idaho Code for the first Finding listed above pertaining to the variance not granting a right or special privilege to be removed as shown in Section VI. Staff believes the proposed amendment will clarify the Findings Council is required to make in order to grant a Variance consistent with State Code. V. DECISION A. Staff: Staff recommends approval of the proposed text amendment to the UDC based on the analysis provided in Section IV as noted in Section VI per the Findings of Fact and Conclusions of Law listed in Section VII. B. The Meridian Planning & Zoning Commission heard this item on July 18, 2019. At the public hearing, the Commission moved to recommend approval of the subject ZOA request. 1. Summary of Commission public hearing: a. In favor: Planning Division b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. None 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None VI. EXHIBITS A. Proposed Text Amendment A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title. Meridian City Council Meeting Agenda August 27, 2019 – Page 18 of 80 Page 3 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. If a means of alternative compliance is available, it should be exhausted before applying for a variance. C. Process: 1. The applicant shall complete a pre-application conference with the director prior to submittal of an application for a variance. 2. An application and fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the director on forms provided by the planning department. 3. The council shall apply the standard listed in subsection D of this section and all the findings listed in subsection E of this section to review the variance. D. Standard: The variance shall comply with Idaho Code section 67-6516. E. Required Findings: In order to grant a variance, the council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 21. The variance relieves an undue hardship because of characteristics of the site; and 32. The variance shall not be detrimental to the public health, safety, and welfare. Meridian City Council Meeting Agenda August 27, 2019 – Page 19 of 80 Page 4 VII. FINDINGS 1. UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: (UDC 11-5B-3E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the Council shall make the following findings: A. The text amendment complies with the applicable provisions of the comprehensive plan; The Commission finds that the proposed UDC text amendment, as shown in Section VI above, complies with the applicable provisions of the Comprehensive Plan. B. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and The Commission finds that the proposed zoning ordinance amendment should not be detrimental to the public health, safety or welfare. C. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. The Commission finds that the proposed amendment does not propose any changes to how public utilities and services are provided to developments. All City departments, public agencies and service providers that currently review applications will continue to do so. Please refer to any written or oral testimony provided by any public service provider(s) when making this finding. Meridian City Council Meeting Agenda August 27, 2019 – Page 20 of 80 EIDIAN*,---, CITY COUNCIL REGULAR MEETING AGENDA August 27, 2019 Agenda Item Number: 7 D Item Title: Public Hearing Continued from August 20, 2019 for Silver Springs (H-2019-0058) By Tall Timber Consulting and Todd Campbell Construction Inc., Located at 1035, 1157, 805, 905 E. McMillan Rd. Request: Annexation and zoning of 5.19 acres of land with an R-4 zoning district 2. Request: Preliminary Plat consisting of 57 building lots and 6 common lots on 19.74 acres of land in the R-4 zoning district. Meeting Notes: mr I TEM SHEET C ouncil Agenda I tem - 7.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from August 20, 2019 for S ilver S prings (H-2019- 0058) by Tall Timber Consulting and Todd Campbell C onstruction Inc., L ocated at 1035, 1157, 805 & 905 E. M cM illan Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 8/23/2019 Concept P lan B ackup Material 8/23/2019 Commission Recommendations S taff Report 8/21/2019 Minutes from Planning and Z oning Commission Hearing B ackup Material 8/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/23/2019 - 1:06 P M Meridian City Council Meeting Agenda August 27, 2019 – Page 25 of 80 8/27/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/27/2019 Hearing Type: Council Item Number: 7-D Project Name: Silver Springs Project No.: H-2019-0058 Active: � There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=309 1/1 MEMO Date: August 23, 2019 To: Mayor & City Council cc: City Clerk, Bill Nary, Joe Bongiorno, Applicant From: Sonya Allen, Associate City Planner RE: Silver Springs – AZ, PP H-2019-0058 At the City Council hearing on August 20th, the Council continued this project to the August 27th hearing in order for the Applicant and Staff to work together on solutions to the cul-de-sac proposed on the plat that exceeds the maximum length standards in the UDC by 50’+/-. The Applicant submitted a concept plan (attached) showing how the plat could be revised to comply with UDC 11-6C-3B.4 which states, “No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than 450’.” The plan depicts a 430’ cul-de-sac length in compliance with the UDC with a 331’ long common driveway at the end of the cul-de-sac with an emergency access driveway to McMillan Rd. that provides access to Lots 9-12, Block 1. The UDC (11-6C-3D) limits the length of common driveways to a maximum of 150’ unless otherwise approved by the Fire Department. The Fire Department has reviewed the concept plan and approves of the common driveway as shown, provided the Applicant complies with the following requirements (which should be added to Section VIII.C of the Staff Report if approved by Council):  Install Maxiforce wrench resettable bollards or a 20’ wide gate with a Knox Padlock at the north end of the common driveway (the padlock should be on the McMillan Rd. side of the gate). If a gate is provided, it must be 30’ off the edge of pavement and swing into the subdivision. The entire driveway will need to be signed “No Parking Fire Lane”.  Install a directional address sign at the south end of the common driveway in a position that is plainly legible and visible from the street that clearly identifies the address of homes accessed by the common driveway for emergency wayfinding purposes as set forth in IFC 505.1. Meridian City Council Meeting Agenda August 27, 2019 – Page 26 of 80 2  All cul-de-sacs shall be a minimum of 96’ in diameter in accord with IFC 503.3 and D103.6. No parking signs shall be installed on each side of the entrance to the cul-de-sac(s) as well as one at the head(s) in accord with IFC 503.3 & D103.6. If Council approves of the proposed concept plan, Staff recommends the following additional conditions of approval are added to Section VIII.A of the Staff Report:  #1a: “Future development of this site shall be generally consistent with the preliminary plat as revised per the concept plan, phasing plan, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VII and the provisions contained herein.”  #2b: “The proposed cul-de-sac(s) exceeds 450’ in length which is shall comply with the maximum allowed length per standards in UDC 11-6C-3B.4; the plat shall be revised accordingly in effect at the time of submittal of the final plat application.”  #2g: “Provide a common lot(s) for the common driveway(s) that provides access to Lots 910-12 and 17-18, Block 1; and Lots 10-11 and 22-23, Block 3 that complies with the standards listed in UDC 11-2A-3B and 11-6C-3D. Note: A 5-foot wide landscape buffer is only required if solid fencing is proposed adjacent to the common driveway.”  #2j: Depict a minimum 20’ wide emergency access easement across Lot 1, Block 1 in alignment with the common driveway that provides access to Lots 9-12, Block 1.  #2k: Lot 14, Block 1 shall have minimum dimensions of 50’ x 100’ in order to be counted toward the minimum qualified open space requirements; or as an alternative, a qualified amenity could be added to the common area as set forth in UDC 11-3G-3B.  #3g: Lot 14, Block 1 shall have minimum dimensions of 50’ x 100’ in order to be counted toward the minimum qualified open space requirements; or as an alternative, a qualified amenity could be added to the common area as set forth in UDC 11-3G-3B. Meridian City Council Meeting Agenda August 27, 2019 – Page 27 of 80 EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP EEP HY D C NO R T H R E D H O R S E W A Y EW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW 4.00' OF LAND TO BE DEDICATED TO THE PUBLIC FOR EAST MCMILLAN STREET RIGHT-OF-WAY 737 S.F. 8,740 S.F.8,741 S.F.8,742 S.F. 11,675 S.F. BLO C K 3 25' LANDSCAPE BUFFER 1 2322 24 1 4,724 S.F. S NO R T H S A G U A R O H I L L S A V E N U E E W E W E W E W E W EW EW EW E W E W E W EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW E W EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW 30 31 12' N0 0 ° 1 4 ' 1 6 " E - 6 3 1 . 6 9 ' S0 0 ° 1 0 ' 1 7 " E - 1 1 8 . 1 3 ' S0 0 ° 1 0 ' 1 7 " E - 1 1 8 . 1 1 ' S0 0 ° 1 0 ' 1 7 " E - 1 1 8 . 0 9 ' N89°49'54"E - 475.82' S45°00'19"E 29.61' N89°49'54"E - 454.79'S44°59'41"W 29.79' S0 0 ° 1 0 ' 1 7 " W 44 . 7 4 ' S10°02'24"W 44.00' S0 0 ° 1 0 ' 1 7 " W - 2 9 7 . 8 1 ' S45°00'41"E 29.93' S0 0 ° 1 0 ' 1 7 " W - 4 8 9 . 8 4 ' N00°14'16"E 33.00' S89°49'09"W - 148.40' S89°49'09"W - 148.84' S89°49'09"W - 149.29' 25 . 0 0 ' 74.00'74.00'74.00'40.00' 40.00'74.00'74.00'74.00' 12 0 . 1 8 ' 78 . 0 0 ' 78 . 0 0 ' 37 . 7 4 ' PROSPECT ELEMENTARY SCHOOL HAVAS U C R E E K S U B D I V I S I O N N O . 4 CO B R E B A S I N SU B D I V I S I O N NO . 1 16 . 0 2 ' 18 . 4 3 ' NORTHWEST SECTION CORNER T-4-N / R-1-E - SECTION 31 FOUND 3-INCH BRASS CAP NORTH QUARTER CORNER T-4-N / R-1-E - SECTION 31 FOUND ALUMINUM CAP CP&F NO. 2014096192 1 6 . 2 2 ' 25 S89°48'22"W - 987.71' CO M M O N BLO C K 2 S0 0 ° 1 0 ' 1 7 " E - 1 1 8 . 1 4 ' 8,894 S.F. 14,764 S.F. 10,565 S.F. 8,560 S.F. 9,205 S.F. 46,467 S.F. 9,568 S.F. 8,714 S.F. 16,186 S.F. 10,348 S.F. 9,726 S.F.8,024 S.F.8,024 S.F.8,516 S.F. 16,740 S.F. 17,815 S.F. 14,408 S.F. 737 S.F. 8,743 S.F.8,845 S.F. 11,675 S.F.25' LANDSCAPE BUFFER 9 8 11 6 18 17 10 7 2 5 16 14 4 3 1 13 19 20 15 12 21 1 30 . 0 0 ' 39.73' 2 5 . 2 8 ' 3 5 . 9 1 ' 1 4 . 8 4 ' 2 0 . 9 6 ' 4 7 . 5 4 ' 30. 0 0 ' 2 9 . 0 3 ' 1 7 . 6 2 ' 62 . 2 6 ' 32 . 7 7 ' 60 . 6 1 ' 30 . 0 0 ' 50.00' 5,014 S.F. 281.76' 74.00'68.00'68.00'73.30' 64 . 0 4 ' 79 . 8 3 ' 64 . 3 8 ' 97 . 7 0 ' 79 . 0 0 ' 79 . 0 0 ' 79 . 0 0 ' 10 7 . 3 7 ' 11 4 . 3 4 ' S89°49'09"W - 237.62' 48.39'68.00'68.00'53.23' 35.34' 116.96'74.00'74.00'74.00' 11 3 . 1 6 ' 80 . 0 0 ' 74 . 0 0 ' 10 1 . 3 2 ' 23 4 . 2 1 ' 198.39'131.98'145.45' S0 0 ° 1 0 ' 1 7 " E - 1 1 8 . 1 6 ' S00°10'17"W - 319.41' S0 0 ° 1 0 ' 1 7 " W - 4 9 . 9 6 ' N89°49'09"E - 132.59' N89°49'09"E - 107.26'S40 ° 2 2 ' 4 9 " W 62. 4 6 ' S40 ° 2 2 ' 4 9 " W 74. 7 7 ' S0 0 ° 1 0 ' 1 7 " E - 8 5 . 0 6 ' S0 0 ° 1 0 ' 1 7 " E - 1 2 6 . 0 8 ' S0 0 ° 1 0 ' 1 7 " W - 1 1 8 . 0 0 ' S0 0 ° 1 0 ' 1 7 " W - 1 1 8 . 0 0 ' S0 0 ° 1 0 ' 1 7 " W - 1 1 8 . 0 0 ' S89°49'09"W - 283.30' S89°49'09"W - 126.63' N89°49'09"E - 115.61' N89°49'09"E - 155.95' N89°49'09"E - 153.79' N90°00'00"E - 70.00' N89°49'09"E - 90.00' N89°49'09"E 70.00' N 0 6 ° 1 0 ' 2 5 " W - 9 0 . 8 9 ' N 2 3 ° 5 2 ' 5 8 " W - 8 5 . 5 6 ' N0 8 ° 0 6 ' 1 9 " E - 1 9 2 . 4 8 ' CO M M O N D R I V E / E M E R G E N C Y A C C E S S E A S E M E N T TO W E S T M C M I L L A N R O A D - 3 3 1 ± ' 430 L.F. FROM WEST R/W OF SAGUARO TO CENTER OF CULDESAC. 10 6 . 6 9 ' N89°49'09"E - 106.72' 82 . 4 1 ' N0 8 ° 0 6 ' 1 9 " E - 2 0 8 . 2 5 ' N00°10'17"E - 15.29' N0 0 ° 1 0 ' 1 7 " E - 9 5 . 8 4 ' N89°49'09"E - 751.25' 97 . 2 3 ' 10 7 . 3 5 ' 93 . 9 8 ' 3 8 . 7 4 ' N44°59'19"E 29.46' N0 0 ° 1 0 ' 1 7 " E - 2 9 8 . 5 5 ' N0 0 ° 1 0 ' 1 7 " E 44 . 9 0 ' 4.27' 1 8 . 6 4 ' N09°49'23"W 43.01' 127.35'155.95' COMMON AREA 87 . 0 0 ' NORTH AB SCALE: 1-INCH = 60-FEET 0 12060 5-FOOT WIDE LANDSCAPE EASEMENT - TYPICAL OF 4 Meridian City Council Meeting Agenda August 27, 2019 – Page 28 of 80 Page 1 HEARING DATE: August 27, 2019 (Continued from August 20, 2019) TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0058 Silver Springs LOCATION: 1035, 1157, 805 & 905 E. McMillan Rd. I. PROJECT DESCRIPTION Annexation & zoning of 5.19 acres of land with an R-4 zoning district; and Preliminary Plat consisting of 57 single-family residential building lots and 6 common lots on 19.74 acres of land in the R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 19.81 Future Land Use Designation LDR Existing Land Use There are existing single-family homes & accessory structures on each of the existing lots and a landscape business on the far east lot Proposed Land Use(s) Single-family residential Current Zoning R-4 and RUT in Ada County Proposed Zoning R-4 Lots (# and type; bldg/common) 57 SFR building/6 common Phasing plan (# of phases) Yes; 2 phases Number of Residential Units (type of units) 57 (detached SFR) Density (gross & net) 2.89 units/acre (gross); 3.79 (net) Open Space (acres, total [%] / buffer / qualified) See Analysis, Section V.3 Amenities Children’s play structure and pedestrian pathway to school Meridian City Council Meeting Agenda August 27, 2019 – Page 29 of 80 Page 2 B. Community Metrics Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: April 2, 2019; 25 attendees History (previous approvals) Lots 1, 2 & 4, Crestwood Subdivision (platted in Ada County); AZ-06-029 (Ord. 06-1271, Silversprings – no Development Agreement), PP-06-029, FP-06-049 (plat expired); AZ-06-056 (Ord. 07-1295, Clearsprings – no Development Agreement), PP-06-054 (plat expired) Description Details Page Ada County Highway District  Staff report (yes/no) No  Requires ACHD Commission Action (yes/no) No Fire Service  Distance to Fire Station 1.2 miles from Fire Station #3 (can meet the response time requirements)  Fire Response Time 3 minutes under ideal conditions  Resource Reliability 82% from Fire Station #3 – does not meet the target goal of 85% or greater  Risk Identification 2 (residential with hazards); see comments in Section VIII.C  Accessibility Meets requirements; see additional comments in Section VIII.C  Special/resource needs Doesn’t require an aerial device  Water Supply Requires 1,000 gallons per minute for 1 hour (may be less if building is sprinklered)  Other Resources NA Police Service  Distance to Police Station 3.7 miles  Police Response Time See comments in Section VIII.D  Calls for Service 485  Accessibility  Specialty/resourc e needs  Crimes 97  Crashes 34 Meridian City Council Meeting Agenda August 27, 2019 – Page 30 of 80 Page 3 West Ada School District  Distance (elem, ms, hs) Prospect Elementary – 0.6 mile; Heritage Middle School – 0.8 mile; Rocky Mountain High School – 2.2 miles  Capacity of Schools Prospect Elementary 650; Heritage Middle School 1,000; Rocky Mountain High School 1,800  # of Students Enrolled Prospect Elementary 733; Heritage Middle School 1,254; Rocky Mountain High School 1,800  Anticipated school aged children generated by this development 46 Wastewater  Distance to Sewer Services 0-feet  Sewer Shed White Drain Trunkshed  Estimated Project Sewer ERU’s See application  WRRF Declining Balance 13.68 MGD  Project Consistent with WW Master Plan/Facili ty Plan Yes  Impacts & Concerns Flows have already been committed. Applicant to ensure water and sewer services meet separation requirements. Water  Distance to Water Services 0-feet  Pressure Zone 2  Estimated Project Water ERU’s See application  Water Quality Concerns None  Project Consistent with Water Master Plan Yes  Impacts & Concerns None Meridian City Council Meeting Agenda August 27, 2019 – Page 31 of 80 Page 4 Wastewater  Distance to Sewer Services 0-feet  Sewer Shed White Drain Trunkshed  Estimated Project Sewer ERU’s See application  WRRF Declining Balance 13.68 MGD  Project Consistent with WW Master Plan/Facility Plan Yes  Impacts & Concerns Flows have already been committed. Applicant to ensure water and sewer services meet separation requirements. Water  Distance to Water Services 0-feet  Pressure Zone 2  Estimated Project Water ERU’s See application  Water Quality Concerns None  Project Consistent with Water Master Plan Yes  Impacts & Concerns None Meridian City Council Meeting Agenda August 27, 2019 – Page 32 of 80 Page 5 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Meridian City Council Meeting Agenda August 27, 2019 – Page 33 of 80 Page 6 III. APPLICANT INFORMATION A. Applicants: Tall Timber Consulting, LLC – 14254 W. Battenberg Dr., Boise, ID 83713 Todd Campbell Construction, Inc. – PO Box 140298, Boise, ID 83714 B. Owners: Leigh & Donna Brinkerhoff – 805 E. McMillan Rd., Meridian, ID 83642 Todd Campbell Construction, Inc. & Boos Homes, Inc. – PO Box 140298, Boise, ID 83714 Boyd Hill – 1035 E. McMillan Rd., Meridian, ID 83642 David Meyers – 1157 E. McMillan Rd., Meridian, ID 83642 C. Representative: Dave Yorgason, Tall Timber Consulting, LLC – 14254 W. Battenberg Dr., Boise, ID 83713 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 5/31/2019 8/2/2019 Radius notification mailed to properties within 300 feet 5/28/2019 7/30/2019 Public hearing notice sign posted on site 6/7/2019 8/7/2019 Nextdoor posting 5/28/2019 7/30/2019 V. STAFF ANALYSIS Per the Comprehensive Plan (Comprehensive Plan, pg. 20), the purpose of LDR designated areas is to allow for the development of single-family homes on large lots where urban services are provided at gross densities of 3 dwelling units or less per acre. The Applicant proposes to develop the annexation area with 15 new single-family residential detached homes, in additional to the existing home, at a gross density of 3.2 units per acre. The overall density for the development is 2.89 units per acre consistent with the LDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The larger lot sizes and low density proposed within this development will contribute to the diversity in housing types in this area. Staff is unaware if the proposed units will be owner occupied or rental units. Meridian City Council Meeting Agenda August 27, 2019 – Page 34 of 80 Page 7  “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development will provide housing options in close proximity to the employment and shopping center uses along the Eagle Rd. corridor to the east.  “Require open space areas within all development.” (6.01.01A) Qualified open space is required to be provided in accord with the minimum standards listed in UDC 11-3G-3.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to the City and urban services can be provided to this development.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) One (1) public street access is proposed via E. McMillan Rd. along the project’s north boundary. One of the existing homes proposed to remain on a lot in the proposed subdivision proposes to retain its two (2) driveways via McMillan; a Council waiver to UDC 11-3A-3 is necessary for these access driveways to remain.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A pathway connection is required to the school site to the south which will promote connectivity between the neighborhood and the school. A. ANNEXATION & ZONING The applicant requests annexation and zoning of 5.19 acres of land with an R-4 zoning district consistent with the Low Density Residential (LDR) Future Land Use Map (FLUM) designation for this site. The Applicant requests a Development Agreement than encompasses the entire development area and not just the annexation area. This parcel is currently zoned RUT in Ada County and is platted as Lot 4, Crestwood Subdivision No. 1 and is at the east boundary of the proposed subdivision. The remainder of the site (Lots 1-3, Block 1 Crestwood Subdivision No. 1) was previously annexed and zoned R-4 in 2006 (#AZ-06- 029 and #AZ-06-054). The proposed annexation area is contiguous to City annexed property to the west, south and northeast and is within the Area of City Impact Boundary (AOCI). A legal description for the annexation area is included in Section VII.A. There is currently an existing landscape business operating on this parcel, which is proposed to temporarily continue operations until such time as they can sell off existing inventory. The applicant recently received approval from Ada County on June 6, 2019 to renew their conditional use permit (#201900675 CU-MSP, David Meyers) to continue operating a “contractor’s yard of shop” in a residential district for an additional five years per the conditions of approval (see letter in Section VII.F). The Applicant requests Council approval of a provision in the Development Agreement that allows the use to continue temporarily until December 31, 2022, at the latest. The existing use is classified as a nursery or urban farm/contractor’s yard in the UDC, which is a prohibited use in the proposed R-4 zoning district; the existing residential use is an allowed use and is a principal permitted use in the City. Because the landscape business is currently legally operating in the County, it would be considered a non-conforming use in the City. As such, the use may continue, if deemed appropriate by City Council, as long as it Meridian City Council Meeting Agenda August 27, 2019 – Page 35 of 80 Page 8 remains lawful and is not expanded or extended, subject to the provisions listed in UDC 11- 1B-4A. As discussed with the Applicant at the pre-application meeting, Staff is not in support of the existing use continuing operation in the City as a non-conforming use for the following reasons: 1) the use is commercial/industrial in nature and is not an allowed use in the R-4 zoning district; 2) the use is not compatible with the proposed residential uses; 2) any code enforcement issues would be the responsibility of the City; 3) it’s difficult to track sunset clauses in Development Agreements and if the use has not concluded by the sunset date, it becomes the City’s responsibility for enforcement. Therefore, Staff recommends denial of the proposed annexation of this parcel as it’s Staff’s opinion that it’s not in the best interest of the City to annex the property at this time. If Commission/Council determines it is in the best interest to annex the property at this time as proposed by the Applicant, Staff recommends the project is continued to a subsequent hearing date in order for Staff to prepare recommended Development Agreement provisions related to the existing use and for the Applicant to submit a copy of the site plan approved by Ada County. On June 20th, the Commission directed Staff to prepare recommended Development Agreement provisions for Commission’s review and consideration pertaining to the Annexation request. If Commission/Council agrees with Staff’s recommendation, Staff recommends the project is continued to a subsequent hearing date in order for the Applicant to submit a revised preliminary plat that excludes the subject annexation area. B. PRELIMINARY PLAT The proposed preliminary plat is a re-subdivision of Lots 1-4, Block 1, Crestwood Subdivision No. 1 and consists of 57 single-family residential building lots and 6 common lots on 19.74 acres of land in the (existing and proposed) R-4 zoning district. Existing Structures/Site Improvements: There are four (4) existing homes and accessory structures on this site that are proposed to remain on Lots 3 & 1413, Block 1 and Lots 12 & 23, Block 3; all other accessory structures are proposed to be removed. Any structures that don’t meet the dimensional standards of the R-4 district in UDC Table 11-2A-5 will need to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located; or, the plat will need to be revised to comply with the minimum setback requirements. Dimensional Standards (UDC 11-2A-5): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. The street frontage for Lots 10-12, 14, 17 and 18, Block 1; and Lots 10-11 12, 22 and 24 26, Block 3 do not meet the minimum required of 30 feet (60’ for Lot 26, Block 3) as set forth in UDC 11- 2A-3B; the plat should be revised accordingly (common driveways may be an alternative). If common driveways are proposed for access to some of these lots they should be located within common lots with a note stating which lots will be accessed via the common driveway(s), Meridian City Council Meeting Agenda August 27, 2019 – Page 36 of 80 Page 9 Subdivision Design & Improvement Standards (UDC 11-6C-3): The proposed subdivision is required to be designed and improved per the standards listed in UDC 11-6C-3 which include but are not limited to streets, driveways, common driveways, easements, and block face. Cul-de-sac: The proposed cul-de-sac (E. Territory St./N. Legacy Woods Pl.) on the west end of the site appears to exceeds 450’ in length which is the maximum allowed length; the plat should be revised accordingly. The UDC does not allow for deviation from this standard. Block face: The face of Block 1 on the south side of E. Territory St. exceeds the maximum block length allowed of 750’; if a pathway is included in Lot 25, Block 1, the allowable block face may be extended up to 1,000 feet – revise landscape plan to include a pathway. Otherwise, tThe revised plat complies with the standards in UDC 11-6C-3. Common Driveways: An exhibit is required to be submitted with the final plat application(s) that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Signage should be provided at the ends of the common driveways for emergency wayfinding purposes. Phasing Plan: The subdivision is proposed to develop in 2 phases with the northern portion of Lot 4, Crestwood Subdivision No. 1 where the landscape business is located developing last. Access (UDC 11-3A-3)/Streets: One access is proposed for the development via E. McMillan Rd. North Mooney Falls Way, a local street, at the southern boundary of the site is proposed to be extended with development and a stub street (E. Territory St.) is proposed to the east for future extension. There is a 50-foot wide ingress/egress easement depicted on the Cobre Basin Subdivision No. 1 plat to this parcel from N. Red Horse Way across the common lot that abuts this site. However, ACHD is not requiring this access to be utilized because it was never dedicated to the public/ACHD and the Copper Basin Homeowner’s Association is unwilling to allow public access. Currently, the 4 existing homes all have direct lot access via E. McMillan Rd., an arterial street. All of the homes are proposing to take access internally from local streets within the proposed subdivision except for the property at 1035 E. McMillan (proposed Lot 12, Block 3), which proposes to retain their (2) driveway accesses and existing address on McMillan (see aerial photo below). UDC 11-3A-3 requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial street and requires access to be taken from the local street unless otherwise waived by City Council. Therefore, Council approval of a waiver is necessary to retain this access (es); otherwise, the access driveways via McMillan should be removed and access taken internally. If Council approves a waiver for access, the existing address should remain the same. Meridian City Council Meeting Agenda August 27, 2019 – Page 37 of 80 Page 10 Traffic: A Traffic Impact Study was not required by ACHD for the proposed development. A center turn lane is required on E. McMillan Rd. for the proposed public street. ITD submitted comments stating they have a project programmed to widen US 20-26 to mitigate existing congestion. Pathways (UDC 11-3A-8): Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping on either side of the pathway(s) in accord with the standards listed in UDC 11 -3B- 12C. Staff recommends a pathway connection is provided to the sidewalk along McMillan Rd. on the east end of the development in Block 3 to provide more pedestrian connectivity; this can toward qualified open space. This is depicted on the revised plat in Section VII.B. Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along all collector and arterial streets; and minimum 5-foot wide attached (or detached) sidewalks are required along local streets as proposed. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11 -3A- 17E. Eight-foot wide parkways are proposed along internal local streets with Class I and II trees; Class I trees (i.e. skyline honey locust) are not allowed unless the parkway is widened to 10’ – a Class II tree should be substituted or the parkway should be widened to 10’ to comply with UDC standards. Landscaping (UDC 11-3B): Street buffer landscaping is required to be provided in accord with the standards listed in UDC 11-3B-7C. Per UDC Table 11-2A-5 for the R-4 zoning district, a 25-foot wide buffer is required adjacent to E. McMillan Rd., an arterial street. Garage McMillan Rd. Meridian City Council Meeting Agenda August 27, 2019 – Page 38 of 80 Page 11 Landscaping is required along each side of the pathway required on Lot 25, Block 1 in accord with the standards listed in UDC 11-3B-12C; the common lot should be widened an additional 5 feet to allow for trees to be planted outside of the easement area or alternative compliance may be requested as set forth in UDC 11-5B-5. Shown on revised plan. In the Landscape Requirements table, include the total linear feet of parkways, minus 26’ for the curb cut area for the width of each driveway, as set forth in UDC 11-3G-3B.5c, and the required number of parkway trees along with the number of trees provided. Also, include the total square footage of open space/common lots and the required number of trees along with the number of trees provided. Qualified Open Space (UDC 11-3G): Based on the overall development area (minus 4’ ROW dedication) which consists of 19.7461 acres of land, a minimum of 10% or 1.976 acres of qualified open space is required to be provided within the development per the standards listed in UDC 11-3G-3B. A revised qualified open space exhibit was submitted as shown in Section VII.D that depicts 1.976 acres (or 10%) of open space consisting of half the street buffer along E. McMillan Rd., the large common area (125’ x 184’1/2 acre +/-) on Lot 6, Block 3, common area on Lot 14, Block 1, and common areas where a pathways will be provided on Lot 25, Block 1 and Lot 26, Block 3, in accord with the minimum UDC standards. and a small common area on Lot 13, Block 1. Because the common area on Lot 13, Block 1 is smaller than 50’ x 100’ in area, contains no amenity and is located at the far west side of the development at the end of a cul-de-sac and not central to the development, it does not qualify toward the minimum open space requirement. Staff recommends an additional 2,447.25 square feet of common area is provided elsewhere (i.e. added to Lot 6, Block 3 or Lot 25, Block 1) to comply with the minimum standards; Lot 13, Block 1 may be absorbed into the adjacent building lot (Lot 14, Block 1) or may remain. The Applicant should submit a revised qualified open space exhibit, preliminary plat and landscape plan that complies with the minimum open space standards prior to the City Council hearing. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required to be provided for this development based on the size of the development (i.e. 19.74 acres). The Applicant proposes a children’s play structure and micro-path to the school site to the south as amenities in accord with UDC standards (see detail of play equipment in Section VII.D). Existing Trees: Mitigation is required for all existing trees 4” caliper or greater (except for those noted that don’t require mitigation) that are removed from the site with equal replacement of the total calipers lost on site as set forth in UDC 11-3B-10C.5. Existing trees that are retained or relocated on site may count toward the required landscaping; mitigation trees are in addition to all other landscaping. There are many existing trees on this site that are proposed to be removed that require mitigation (i.e. 294 caliper inches) and also many that are proposed to be retained (i.e. 1,156 caliper inches). Waterways (UDC 11-3A-6): There are no major waterways that traverse this site. Any irrigation ditches should comply with the standards listed in UDC 11-3A-6. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. Meridian City Council Meeting Agenda August 27, 2019 – Page 39 of 80 Page 12 Four-foot tall closed vision fencing with 2-foot slatted vinyl on top is proposed adjacent to the micro-path on Lot 25, Block 1 and the common area on Lot 6, Block 3. Six-foot tall vinyl privacy fence is proposed at the back edge of the street buffer along McMillan Rd., along the west & south property boundaries of the existing home on Lot 12, Block 3 and along the east boundary of the subdivision. The existing fencing along the south and west boundaries of the site is proposed to remain. Fencing is required to be provided adjacent to Lot 14, Block 1 and Lot 25, Block 3 to distinguish common from private areas in accord with the standards listed in UDC 11-3A-7A.7. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed single-family detached units as shown in Section VII.E. Building materials for the single-family homes consist of a mix of siding with stone veneer accents. Because the rear and/or side of 2-story structures on lots that abut E. McMillan Rd. and N. Red Horse Way will be highly visible, Staff recommends those elevations incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single- story structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends denial of the proposed annexation and zoning request; and approval of the preliminary plat per the conditions included in Section VIII.A per the Findings in Section IX. Further, Staff recommends the project is continued to a subsequent hearing date as discussed in Section V.A. B. The Meridian Planning & Zoning Commission heard these items on June 20 and July 18, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Dave Yorgason, Applicant’s Representative b. In opposition: None c. Commenting: None d. Written testimony: Dave Yorgason, Applicant’s Representative (response to staff report) e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Andrea Pogue 2. Key issue(s) of public testimony: a. None Meridian City Council Meeting Agenda August 27, 2019 – Page 40 of 80 Page 13 3. Key issue(s) of discussion by Commission: a. The Applicant’s request for Council waiver for the existing driveway access via McMillan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops; b. The cul-de-sac that exceeds the maximum length standards in the UDC; c. The existing landscape business continuing to operate on the parcel proposed for annexation; d. Timing/phasing for construction of the sidewalk in front of the property at 1157 E. McMillan Rd. (phase 1 vs. phase 2). 4. Commission change(s) to Staff recommendation: a. Addition of DA provisions as recommended by Staff with a change to the phasing of the sidewalk along McMillan Rd. to allow it to be constructed with each phase of development rather than all with the first phase (see Section VIII. A); 5. Outstanding issue(s) for City Council: a. The Applicant’s request for a Council waiver to UDC 11-3A-3 for the existing driveway access via McMillan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops. The Commission was in favor of the Applicant’s request. b. The Applicant’s request for the cul-de-sac that exceeds the maximum length standards in the UDC to be approved as-is. Note: There is no provision in the UDC to allow Council approval of the Applicant’s request. Meridian City Council Meeting Agenda August 27, 2019 – Page 41 of 80 Page 14 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda August 27, 2019 – Page 42 of 80 Page 15 Meridian City Council Meeting Agenda August 27, 2019 – Page 43 of 80 Page 16 B. Preliminary Plat (date: 2/28/2019 7/9/19) & Phasing Plan REVISED Meridian City Council Meeting Agenda August 27, 2019 – Page 44 of 80 Page 17 C. Landscape Plan (date: 4/26/2019 7/11/2019) REVISED Meridian City Council Meeting Agenda August 27, 2019 – Page 45 of 80 Page 18 Meridian City Council Meeting Agenda August 27, 2019 – Page 46 of 80 Page 19 D. Qualified Open Space Exhibit (dated: February 28, 2019 July 11, 2019) REVISED & Site Amenity Meridian City Council Meeting Agenda August 27, 2019 – Page 47 of 80 Page 20 E. Conceptual Building Elevations Meridian City Council Meeting Agenda August 27, 2019 – Page 48 of 80 Page 21 F. Approval from Ada County for Landscape Business Meridian City Council Meeting Agenda August 27, 2019 – Page 49 of 80 Page 22 Meridian City Council Meeting Agenda August 27, 2019 – Page 50 of 80 Page 23 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VII and the provisions contained herein. b. The sidewalk within the street buffer along McMillan Rd. shall be installed along the entire frontage of the subdivision with the first with each phase of development. c. The rear and/or side of 2-story structures on lots that abut E. McMillan Rd. and N. Red Horse Way shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop- outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. d. The existing landscape business shall cease operation by December 31, 2022 at the latest and shall operate in accord with the following provisions in the interim: i. The landscape business is subject to the nonconforming use standards listed in UDC 11-1B-4. ii. The retail sale of agricultural products or live plant material shall not be conducted on the site. iii. Any lighting on the site shall comply with the standards listed in UDC 11-3A-11. iv. The use shall not create noises creating a public disturbance and shall comply with MCC 6-3-6: Noises Creating Public Disturbance. v. The maintenance of vehicles or machinery shall be incidental to the use and shall only include minor repair. vi. No retail sales associated with the use shall occur on the property. vii. The hours of operation shall be limited to the hours between 7:00 am and 7:00 pm Monday thru Saturday. viii. No on-street parking of vehicles or equipment associated with the use is allowed. ix. The use shall comply with all City, State and Federal requirements. x. Outdoor storage of material, equipment, inventory, and/or supplies shall be conducted in an orderly manner. It shall be unlawful to conduct outdoor storage of such in a manner that creates a public nuisance, visual blight, or acoustic Meridian City Council Meeting Agenda August 27, 2019 – Page 51 of 80 Page 24 impacts; blocks, impedes or overlaps any sidewalk and/or vehicular traffic; or causes the site to be used as a “vehicle wrecking or junk yard” as defined in UDC 11-1A-1. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. The street frontage for Lots 10, 14, 17 and 18, Block 1; and Lots 12, 22 and 24 25, Block 3 do not meet the minimum required frontage of 30 feet as set forth in UDC 11-2A-3B; the plat should be revised accordingly. b. The proposed cul-de-sac exceeds 450’ in length which is the maximum allowed length per UDC 11-6C-3; the plat shall be revised accordingly. c. Graphically depict the 30-foot wide sewer easement on Lot 25, Block 1. d. The existing access(es) via McMillan Rd. for the property at 1035 E. McMillan (proposed Lot 12, Block 3) shall be removed and access taken internally from N. Morpheus Pl., a local street, as set forth in UDC 11-3A-3 unless otherwise waived by City Council. If Council approves a waiver for access, the address should remain the same. e. Provide a minimum 15-foot wide common lot in Block 3 on the east end of the development for a micro-path connection to the common lot along E. McMillan Rd. Done; the revised plat depicts a common lot with pathway. f. Provide an additional 2,447.25 square feet of common area (i.e. added to Lot 6, Block 3 or Lot 25, Block 1) to comply with the minimum common open space standards; Lot 13, Block 1 may be absorbed into the adjacent building lot (Lot 14, Block 1) or may remain. The Applicant shall submit a revised qualified open space exhibit, preliminary plat and landscape plan that complies with the minimum open space standards prior to the City Council hearing. Done; the revised exhibit complies with UDC standards. g. Provide a common lot(s) for the common driveway(s) that provides access to Lots 10-12 and 17-18, Block 1; and Lots 10-11 and 22-23, Block 3 that complies with the standards listed in UDC 11-2A-3B and 11-6C-3D. Note: A 5-foot wide landscape buffer is only required if solid fencing is proposed adjacent to the common driveway. h. The micro-path shown on Lot 24, Block 3 shall be in a minimum 15-foot wide common lot. i. Lot 26, Block 3 shall comply with the minimum street frontage requirement of 60 feet as set forth in UDC Table 11-2A-5. The street frontage for Lots 10, 14, 17 and 18, Block 1; and Lots 12, 22 and 24, Block 3 do not meet the minimum required of 30 feet as set forth in UDC 11-2A-3B; the plat should be revised accordingly (common driveways may be an alternative). 3. The landscape plan included in Section VII.C shall be revised as follows: a. Depict a minimum 5-foot wide pathway in Lot 25, Block 1 in order to comply with the block length standards in UDC 11-6C-3F.3a; landscaping is required on each side of the pathway in accord with the standards listed in UDC 11-3B-12C. An additional 5-feet shall be added to the width of the common lot to allow trees to be planted or alternative compliance may be requested as set forth in UDC 11-5B-5. Done b. Substitute the skyline honey locust Class I trees within the parkways with a Class II tree or widen the parkways to 10’ in accord with UDC 11-3A-17E. Done Meridian City Council Meeting Agenda August 27, 2019 – Page 52 of 80 Page 25 c. In the Landscape Requirements table, include the total linear feet of parkways, minus 26’ for the curb cut area for the width of each driveway, as set forth in UDC 11-3G-3B.5c, and the required number of parkway trees along with the number of trees provided. Also include the total square footage of open space/common lots and the required number of trees along with the number of trees provided. Done d. Provide an additional 2,447.25 square feet of common area (i.e. added to Lot 6, Block 3 or Lot 25, Block 1) to comply with the minimum common open space standards; Lot 13, Block 1 may be absorbed into the adjacent building lot (Lot 14, Block 1) or may remain. The Applicant shall submit a revised qualified open space exhibit, preliminary plat and landscape plan that complies with the minimum open space standards prior to the City Council hearing. Done e. Provide a minimum 15-foot wide common lot on the north side of Block 3 on the east end of the development that contains a micro-path for a connection to the common lot and sidewalk along E. McMillan Rd. Done f. Depict fencing adjacent to Lot 14, Block 1 and Lot 25, Block 3 to distinguish common from private areas in accord with the standards listed in UDC 11-3A-7A.7. 4. For lots accessed by common driveways, an exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 5. Provide address signage for homes accessed by the common driveways for emergency wayfinding purposes. 6. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 7. All existing structures on the site shall that are proposed to be removed shall be removed prior to City Engineer signature on the final plat phase in which they are located. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 Each phase must be modeled to ensure adequate fire flow. 1.3 The street addressing of the existing structures to remain will change with the development of this subdivision unless City Council approves a waiver to UDC 11-3A-3 for the existing driveway access via McMillan Rd. for the property at 1035 E. McMillan Rd. to remain in which case the address should also remain the same. Meridian City Council Meeting Agenda August 27, 2019 – Page 53 of 80 Page 26 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. Meridian City Council Meeting Agenda August 27, 2019 – Page 54 of 80 Page 27 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Meridian City Council Meeting Agenda August 27, 2019 – Page 55 of 80 Page 28 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211 C. FIRE DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=168817&dbid=0 D. POLICE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/169489/Page1.aspx E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/WebLink8/0/doc/169489/Page1.aspx F. NAMPA & MERIDIAN IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/169365/Page1.aspx G. SETTLER’S IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/169061/Page1.aspx H. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/169384/Page1.aspx I. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/0/doc/169249/Page1.aspx J. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/WebLink8/0/doc/169432/Page1.aspx K. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/173128/Page1.aspx L. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/173932/Page1.aspx IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: Meridian City Council Meeting Agenda August 27, 2019 – Page 56 of 80 Page 29 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant’s proposal to annex and develop a 5.19 acre portion of the subject property with R-4 zoning is consistent with the LDR Future Land Use Map designation in the Comprehensive Plan. (See section V for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available within the City in accord with the Comprehensive Plan. However, continuance of the non-conforming use is not consistent with the purpose statement (see Section V for more information). 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed low density residential uses should be compatible with adjacent existing and future similar density residential uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Commission finds City services are available to be provided to this development. The School District has submitted comments, included in Section VIII.J that currently show student enrollment is above capacity for the elementary and middle schools and at capacity for the high school. 5. The annexation (as applicable) is in the best interest of city. The Commission finds the proposed annexation is not in the best interest of the City at this time for the following reasons: 1) the use is commercial/industrial in nature and is not an allowed use in the R-4 zoning district; 2) the use is not compatible with the proposed residential uses; 2) any code enforcement issues would be the responsibility of the City; 3) it’s difficult to track sunset clauses in Development Agreements and if the use has not concluded by the sunset date, it becomes the City’s responsibility for enforcement. B. Preliminary Plat (UDC 11-6B-6) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Meridian City Council Meeting Agenda August 27, 2019 – Page 57 of 80 Page 30 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Commission finds the proposed plat is in conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda August 27, 2019 – Page 58 of 80 EIDIAN,! DAHJ CITY COUNCIL REGULAR MEETING AGENDA August 27, 2019 Agenda Item Number: 8 A Item Title: Ordinance No. 19-1846 For Razzberry Villas (H-2018-0130) For Annexation Of A Parcel Of Land Being Lots 1, 2 And 3, Block 6 Of Razzberry Crossing Subdivision As Filed For Record In Book 93 Of Plat At Pages 11215 Thru 11217, Records Of Ada County, Idaho, The West 27.00 Feet Of North Bright Angle Avenue Road Right Of Way, And The North Half Of The East Star Drive Road Right Of Way Lying In A Portion Of The NE'/4 Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification From R-8 (Medium Density Residential) And L -O (Limited Office) Zoning Districts To R-15 (Medium High 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. R1 Meeting Notes: 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. 19-1846: An Ordinance (H-2018-0130 Razzberry Villas) F or Annexation Of A P arcel Of L and Being L ots 1, 2 And 3, B lock 6 Of Razzberry Crossing Subdivision As Filed F or Record In Book 93 Of Plat At P ages 11215 T hru 11217, Records Of Ada C ounty, Idaho, T he West 27.00 F eet Of North Bright Angle Avenue Road Right Of Way, And T he North Half Of T he E ast S tar D rive Road Right Of Way Lying In A Portion Of T he NE ¼ Of Section 31, Township 4 North, Range 1 East, B oise M eridian, Ada County, Idaho; Establishing And Determining T he L and Use Zoning Classification F rom R-8 (M edium D ensity Residential) And L -O (L imited O ffice) Zoning Districts To R-15 (M edium High D ensity Residential) Zoning District In T he M eridian City Code; P roviding T hat C opies Of T his Ordinance Shall Be Filed With T he Ada C ounty Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax Commission, As Required B y Law; And P roviding F or A Summary Of T he Ordinance; And P roviding F or A Waiver Of T he Reading Rules; And Providing An Effective D ate. R azzberry Villas Rezone Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Razberry Villas ordinance Ordinance 8/20/2019 Razberry Villas - Exhbiti A E xhibit 8/20/2019 Razzberry Villas - E xhbiti B E xhibit 8/20/2019 Razzberry Villas - S ummary Ordinance 8/20/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/20/2019 - 10:15 A M L egal.A lbertson, Michelle Approved 8/20/2019 - 10:22 A M Meridian City Council Meeting Agenda August 27, 2019 – Page 75 of 80 ADA COUNTY RECORDER Phil McGrane BOISE IDAHO Pgs=4 BONNIE OBERBILLIG '1 e-'RecoY8 4o com&!Nq �,.,I'',L ITY OF MERIDIAN, IDAHO CITY OF MERIDIAN ORDINANCE NO. 194846 2019-080100 08/28/2019 09:47 AM NO FEE BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, ADA COUNTY RECORDER Phil McGrane 2019-080656 MILAM, PALMER, LITTLE ROBERTS BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/29/2019 10:11 AM CITY OF MERIDIAN, IDAHO NO FEE AN ORDINANCE .(H-2018-0130 RAZZBERRY VILLAS) FORANNEXATION OF A PARCEL OF LAND BEING DOTS 1, 2 AND 3, BLOCK. 6 OF RAZZBERRY CROSSING SUBDIVISION AS FILED FOR RECORD IN BOOK 93 OF PLAT AT PAGES 11215 THRU 11217, RECORDS OF ADA COUNTY, IDAHO, THE WEST 27.00 FEET OF NORTH BRIGHT ANGLE AVENUE ROAD RIGHT OF WAY, AND THE NORTH HALF OF THE EAST STAR DRIVE ROAD RIGHT OF WAY LYING IN A PORTION OF THE .NE % .OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND-, USE ZONING CLASSIFICATION FROM IZ 8 .(MEDIUM DENSITY RESIDENTIAL) AND L -O (LIMITED OFFICE) ZONING DISTRICTS TO R-15 (MEDIUM HIGH 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 PROVIDINGTOR A. WAIVER:OF THE READING RULES; AND PROVIDING ANEFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF 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" is within the corporate limits of the City ofMeridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of .said property, to -wit: Douglas Victor, Jason Am..es and Randy Donald. SECTION 2. That the above-described real property is hereby re -zoned R78 (Medium Density Residential) and L -O (Limited Office) Zoning District to R-8 (Medium Density Residential) 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 zone. said propeityy - 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 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. RE ZONE ORDINANCE— RAZZBERRY VILLAS - H-2018-0130 'PAGE 1 OF 2 Meridian City Council Meeting.Agenda August 27, 2019 — Page 76 of 80 ADA COUNTY RECORDER Phil McGrane 2019-080100 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 08/28/2019 09:47 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 19-1846 COUNCIL:BY THE CITY R • j ! • ! • PALMER, ROBERTS AN ORDINANCE (II -2018-0130 RAZZBERRY VILLAS) FOR ANNEXATION OF A PARCEL OF LAND BEING LOTS 1, 2 AND 3, BLOCK 6 OF RAZZBERRY CROSSING SUBDIVISION AS FILED FOR RECORD IN BOOK 93 OF PLAT AT PAGES 11.215 THRU 11.217, RECORDS OF ADA COUNTY, IDAHO, THE WEST 27.00 FEET OF NORTH BRIGHT ANGLE AVENUE ROAD RIGHT OF WAY, AND THE NORTH HALF OF THE EAST STAR DRIVE ROAD RIGHT OF WAY LYING IN A PORTION OF THE NE/40F SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM R-8 (MEDIUM DENSITY RESIDENTIAL) AND L -O (LIMITED OFFICE) ZONING DISTRICTS TO R-15 (MEDIUM HIGH 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. 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" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Douglas Victor, Jason Ames and Randy Donald. SECTION 2. That the above-described real property is hereby re -zoned R-8 (Medium Density Residential) and L -O (Limited Office) Zoning District to R-8 (Medium Density Residential) 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 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 re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter alluse 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. RE ZONE ORDINANCE — RAZZBERRY VILLAS - H-2018-01.30 PAGE 1 OF 2 Meridian City Council Meeting Agenda August 27, 2019 — Page 76 of 80 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. 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 L -/ day of 2018. APP,, (ROVED BY THE MAYOR OF THE 2018. �pTEDAUC 1 Jac B0 C'ilp of w SEA STATE OF IDAHO, ) ) ss: County of Ada ) IDAHO, this 2q'f' day of Council 'Prrziaen- - On this 7 day of PC l , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared'TCI-- Got- On x( d6 T6)Y-600 known to me to be the 1G0r ,a�.nr�d- 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. set my hand and affixed my official seal the day and year first above written. CHARLENE WAY COMMISSION #67390 T. NOTARY PUBLIC t 'h" 1," 11 k (SEAL STATE OF IDAHO Notary Public f r I ho MY COMMISSION EXPIRES 3/28/22 Residing At: /1,(4,(Zw=) ACb_kO My Commission Expires: 3 _ a�?_ 7 oA j" RE ZONE ORDINANCE —RAZZBERRY VILLAS - H-2018-0130 PAGE 2 OF 2 EXHIBIT A Razzberry Villas H-2018-0130 Meridian City Council Meeting Agenda August 27, 2019 – Page 78 of 80 Razzberry Villas H-2018-0130 Meridian City Council Meeting Agenda August 27, 2019 – Page 79 of 80 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1846 PROVIDING FOR RE ZONING ORDINANCE An Ordinance (H-2018-0130— Razzberry Villas) For Rezone Of A Parcel Of Land Being Lots 1, 2 And 3, Block 6 Of Razzberry Crossing Subdivision As Filed For Record In Book 93 of Plat At Pages 11215 Thru 11217, Records Of Ada County, Idaho, The West 27.00 Feet of North Bright Angle Avenue Road Right Of Way, And The North Half Of The East Star Drive Road Right Of Way Lying In a Portion of the NE 1/40f Section 31, Township 4 North, Range 1 East, , Boise Meridian, Ada County, Idaho. This parcel contains 1.896 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As 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 Me ian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of 2019. Cit9f,Meri4An Mayor and City Council By: Chris Johnson, City Clerk First Reading: 6 "U45 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES L NO Second eading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1846 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. 19-1846 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 i , 2019. William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- RAZZBERRY VILLAS - H-2018-0130 PAGE 1 (Q/rE IDIAN,IZ I DAHJ CITY COUNCIL REGULAR MEETING AGENDA August 27, 2019 Agenda Item Number: 9 Item Title: Future Meeting Topics Meeting Notes: