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2019-09-10 Regular
C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, S eptember 10, 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 L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation 4. Adoption of Agenda – Adopted as Amended 5. Announcements 6. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assi st you i n resolving the matter following the meeting. 7. Action I tems Public Hearings for Land Use Applications follow this process: Once the Public Hearing is opened, City staff will present their report. Following the report, the applicant is allowed up to 15 minutes to present their application. Members of the public are allowed up to 3 minutes each to address council regarding the applicati on. If a person is representing a large group such as a Homeowner's Association, indi cated by a show of hands, they may be allowed up to 10 minutes. Following all public testimony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. The City Counci l may move to continue the item for additional information or vote to approve or deny the i tem with or without changes as presented. The Mayor is not a member of the Ci ty Council and pursuant to Idaho Code does not vote on public hearing i tems, unless to break a tie vote. A. F inal P lat C ontinued from August 27, 2019 for C herry B lossom (H- 2019-0064) by D oug J ayo, J ayo L and D evelopment C ompany, LLC ., L ocated at 615 W. C herry L n. – Vacated from Agenda B. P ublic Hearing for B ainbridge North (H-2019-0074) by B r ighton Investments, LLC , L ocated at the S E C or ner of W. Chinden Blvd./S H 20-26 and N. T ree F ar m Way - Approved 1. R equest: P reliminary P lat consisting of 165 building lots and 13 common lots on 35.57 acres of land in the R -15 zoning district; and, 2. R equest: a P lanned Unit Development incorporating a variety of housing types with deviations to the typical R -15 building setback requirements; and, 3. Modification to the Development Agreement (Inst. #2018-047368) to update the conceptual development plan for the site C. [Amended on to Agenda] P ublic Hearing for Citywide Fee Schedule – Continued to September 17, 2019 8. O rdinances A. O rdinance No. 19-1851: Amending M er idian C ity C ode S ection 13- 2-9(B ), Regarding E jectment F rom C ity P ar ks; Adopting a S avings Clause; and P roviding an E ffective D ate. - Approved 9. F uture M eeting Topics Meeting Adjourned at 6:49 PM Meridian City Council September 10, 2019. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, September 10, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Members Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Sonya Allen, Clint Dolsby, Jeff Brown, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam ______Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Good evening. I would like to welcome you to our City Council regular meeting. We appreciate you joining us this evening and I apologize for our late start. I was chatting. For the record it is Tuesday, September 10th. It's five minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation De Weerd: Okay. Item 3 we do not have someone to lead us in the community invocation. Item 4: Adoption of Agenda De Weerd: So, I will move to Item 4, adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda September 17, 2019 – Page 9 of 259 Meridian City Council September 10, 2019 Page 2 of 17 Borton: We are going to add on a 7-C to tonight's agenda. It's going to be the city wide fee schedule and the solid waste fee schedule for a public hearing. It wasn't originally noticed on our agenda when published, sort of an internal who is on first with trying to get things uploaded to the Novus Agenda. We didn't get it on the Agenda Manager, so it didn't make the published agenda. It was published in the Meridian Press. So, that's the reason for the last minute inclusion. It's just sort of a good faith snafu that it didn't catch the software on Friday. So, if the Council will allow we will add that citywide fee schedule and the solid waste fee schedule to the agenda as 7-C and with that I would move we adopt the amended agenda. Milam: Second. Little Roberts: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Announcements De Weerd: Council, under announcements I -- we do have a couple of things coming up. Of course tomorrow is the 911 observance at all of our fire stations starting at 7 :45. We will have a flag rising ceremony at Fire Station One. The ceremony starts at 7:44. So, if you're going to Station One you have to come one minute earlier than the other stations. Recovery Day. We have a breakfast recognition and celebration on September 12th at the Meridian Police Department at 7:30. Meridian Business Day is Friday, the 13th. It's the best way to celebrate Friday the 13th. It's at City Hall from 8:00 a.m. to 1:00 p.m. Scentsy is doing their Rockathon to benefit The Salvation Army. It's on Friday, September 13th. Just to remind you usually after the Rockathon events they do have fireworks. Those start at 9:00 p.m. And just a final reminder that MYAC, the Mayor's Youth Advisory Council CPR Day at Dutch Bros, is Saturday, September 14th, from 9:00 a.m. to 2:00 at the Overland-Franklin, Meridian Road and Calderwood and Linder locations. We would love for you to go out and buy a coffee and -- and learn hands only CPR. It's a great way to refresh your CPR skills. So , those are the announcements. Does anyone have anything they would like to announce? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I do have a few items from the Parks Department. First of all, reminder the parks tour is tomorrow. So, if any of you are signed up for that be at Storey Park at 5:15. We have a save a date. A grand reopening of Fuller Park is on Friday, October 18th at 2:00 and the ball field will be named in honor Charlie Rountree at that time as well. And just kind of an update. The community block party was -- went really well. It Meridian City Council Meeting Agenda September 17, 2019 – Page 10 of 259 Meridian City Council September 10, 2019 Page 3 of 17 was well attended at a bark park area, which was a lot of fun. There was a lot of volunteers and a really good turnout. Got lucky with the weather, so -- De Weerd: That's awesome. Thank you. Did you have something to add? Okay. Well, thank you, Mrs. Milam. Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Okay. Item 6, future meeting topics public forum. Mr. Clerk. Johnson: Madam Mayor, Carol Stanley has signed in. De Weerd: Carol, thank you for joining us. Stanley: Mayor and City Council Members, I am here representing myself and my walking partner. We have been walking around Meridian since about 2010 in the mornings and, first of all, we started -- well, we noticed puncture vine. So, that's our -- our big concern and so -- especially at this time of year we started by trying to get puncture vine off sidewalks, because we were concerned about children walking to school and also bike riders and so we have -- when we walk in the morning we have a little bag that we carry with our leather gloves and all of our equipment to pull out and bag puncture vine. We also have a little brush that we sweep up the seeds and sometimes we have -- we have learned that grocery bags on your -- not grocery bags -- bread sacks on your feet work really well to walk all around and pick up the seeds and so you need to save your bread sacks and go out and walk where you want to pick up seeds and they will come right up with sticking to your feet that way. So , we are -- we would just like to have a communitywide effort to do something about all the puncture vine around town, because we have been working for many years and this fall again and we just kind of get tired and discouraged that there is so much to do. We thought maybe -- maybe we need to have some education in the utility bills or like -- there is a Facebook page with Trash Talk and recycling and so maybe we need a weed awareness Facebook page, so that everybody can talk about that in Meridian. So, you know, just -- any suggestions that anybody had or -- and we are -- we have gotten to Code Enforcement. We have -- over the years we have talked to -- weed and pest, but if you turn someone in at this time of year weed and pest, you know, their -- the answer is set to spray, but if you spray once the seeds are set, then, you just kill the plant and all the seeds drop and it's really hard to pick all that up when the plant has died and so, then, you have just planted seeds for years to come. So, at this time of year you just need to pull out your plant with the seeds still there , sweep up the seeds and bag them and throw them in the garbage. That's what we do. So, that's our concern. De Weerd: Thank you. And, Carol, thank you for your efforts over the last decade in raising awareness, because you definitely have raised the awareness of this issue. Carol's come to Coffee With The Mayor, she's come to town hall meetings and she recently spoke at our Faith Ambassadors Council. We appreciate that you are a woman on a mission, both you and your walking partner, and let us see what we can do to Meridian City Council Meeting Agenda September 17, 2019 – Page 11 of 259 Meridian City Council September 10, 2019 Page 4 of 17 partner with you and -- and maybe having a goat head day type of event. We will figure out something. Stanley: Okay. De Weerd: But I appreciate that you bring solutions in addition to the issue that you have on your mind and -- and appreciate that. Stanley: And I -- and we do have a little paper like this that -- with our ideas that if you would like to have a copy. De Weerd: Yes. If you can give that to the clerk we can get it to all the Council Members. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: It's kind of funny you bring this up. I -- about a week ago I bought an electric scooter, a Bird style one, for my own, because I never knew if we were actually going to get them back again, but we do. But, anyway, I bought my own and so I have been riding it to work on occasion and I have never really used the sidewalks in Meridian, even though I have been here my entire life, until the last couple weeks and those things are everywhere and so I have been trying to figure out like how at least on my route can I improve this. So, I'm looking forward to -- to looking into what you have and -- and I'm in, whatever I can help do to get rid of these stinking things, because I don't want to replace tires. Stanley: Okay. Thank you. Item 7: Action Items A. Final Plat Continued from August 27, 2019 for Cherry Blossom (H-2019-0064) by Doug Jayo, Jayo Land Development Company, LLC., Located at 615 W. Cherry Ln. De Weerd: Thank you. Okay. Item 7 is under Action Items. 7-A is a final plat continued from August 27th on H-2019-0064. Turn this over to staff. Allen: Thank you, Madam Mayor, Members of the Council. Staff is requesting that this item be vacated from the agenda tonight and be brought back at a later meeting night. There are still some outstanding easement issues along the property's southern boundary that need to be figured out before we go any further on this. De Weerd: Okay. And what date did you want it to continue to? Meridian City Council Meeting Agenda September 17, 2019 – Page 12 of 259 Meridian City Council September 10, 2019 Page 5 of 17 Allen: I would recommend it just be vacated from the agenda and, then, when the applicant resolves these issues, then, we just put it back on the next available Council meeting. De Weerd: Okay. Thanks, Sonya. Council, I would need a motion to vacate this from our agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that Item 7-A, H-2019-0064, be vacated from the agenda. Bernt: Second. De Weerd: Okay. I have a motion and a second to vacate Item 7-A. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for Bainbridge North (H-2019-0074) by Brighton Investments, LLC, Located at the SE Corner of W. Chinden Blvd./SH 2O-26 and N. Tree Farm Way 1. Request: Preliminary Plat consisting of 165 building lots and 13 common lots on 35. 57 acres of land in the R- 15 zoning district; and, 2. Request: a Planned Unit Development incorporating a variety of housing types with deviations to the typical R- 15 building setback requirements; and, 3. Modification to the Development Agreement ( Inst. # 2018- 047368) to update the conceptual development plan for the site De Weerd: Item 7-B is a public hearing for H-2019-0074. I will open this public hearing with -- first with comments. Has -- is this the first time anyone has been at one of our public hearings? Okay. So, I'm going to just tell you the process so you know what to expect. We first open with staff comments. They introduce the application to the City Council. Then the applicant will step forward. If they have anything they want to add they have up to 15 minutes to introduce their application. It is , then, we open it up for public comment. There is three minutes. It's tracked on the screen at the podium, so you know where you are, and at that time if you haven't finished I will ask you to summarize and wrap it up. After public testimony is taken we, then, have an opportunity for the applicant to come forward with wrap -up remarks. They can address any of the Meridian City Council Meeting Agenda September 17, 2019 – Page 13 of 259 Meridian City Council September 10, 2019 Page 6 of 17 statements or questions, issues raised during the public testimony and at that point Council has an opportunity to ask questions of staff , applicant, or any of those that provided testimony. I will remind all that there is an extensive public record that is online that City Council also has had an opportunity to review prior to making their decisions and that's where other agencies have a chance to weigh in as well. So , with that I will turn this over to staff with their comments. Bernt: Madam Mayor? Sorry, Sonya. De Weerd: Yes. Bernt: One comment. I have recused myself in past Brighton applications for the sole purpose of one of their main builder partners in these communities is one of my main customers. In this case this -- this certain customer of mine will not be building in this proposed development and because of that I feel like in this case I can participate in this discussion in an unbiased manner. I -- Brighton, for the record, is one of my customers. We do business together however infrequent and they go through an extensive bidding process with every development that they -- they go through and sometimes I win, sometimes I don't and it -- other projects I'm not even offered the opportunity to bid and so with that said I would like to put it out to my fellow Council members to see if they have any concerns with me continuing with this dialogue. De Weerd: Thank you, Mr. Bernt. Council, any concerns? Milam: No. De Weerd: Okay. We appreciate you stating that. Okay. With that, Sonya. Allen: Thank you, Madam Mayor, Members of the Council. The applications before you with this project are a development agreement modification, a preliminary plat, and a planned unit development. This site consists of 35.57 acres of land. It's zoned R-15 and is located at the southeast corner of West Chin den Boulevard, State Highway 20- 26, and North Tree Farm Way. This property was annexed last year, along with the property to the east where the Costco site is proposed and included in a development agreement. The Comprehensive Plan future land use map designation is medium density residential, which calls for three to eight dwelling units per acre. A modification to the development agreement is proposed to update the conceptual development plan for this site. The existing and proposed plan is for a mix of single family residential attached and detached units for seniors age 55 and older. The layout of the proposed development is the only thing that has changed. The existing plan depicts a central common area surrounded by building lots. The proposed plan depicts a gated community with three large separate active and passive common areas dispersed throughout the development, accessed by gated private streets. The applicant is also requesting to amend provision number 5.1.5 in the development agreement, which requires the property to be subdivided prior to issuance of any building permits to allow one permit for the community center to be issued prior to subdivision of the property. Meridian City Council Meeting Agenda September 17, 2019 – Page 14 of 259 Meridian City Council September 10, 2019 Page 7 of 17 The proposed preliminary plat consists of 165 building lots and 13 common lots on 35.57 acres of land in an R-15 zoning district and is proposed to develop in two phases as shown on the phasing plan. A planned unit development is proposed for a mix of attached and detached age-qualified 55 and older dwelling units that incorporate a variety of housing types and setbacks unique to unit and site design. The development is proposed to be gated for security purposes and have private streets , alleys, and a common driveway for access to the units within the development. Deviations to the typical R-15 building setback requirements are proposed as shown and as noted in the staff report and to UDC 11-6C-3B5, which requires alleys to be designed so that the entire length is visible from a public street. The applicant can't comply with this as the internal streets are private. Access is proposed via two gated private driveways from the adjacent collector streets, Tree Farm and Lost Rapids. Private streets, alleys, and common driveways are proposed internally for access within the subdivision. Qualified open space and site amenities are proposed in excess of UDC standards. A minimum of ten percent or 3.56 acres of open space is required. The applicant is proposing 26.37 percent or 9.38 acres of land as common open space. A minimum of two site amenities are required. The applicant is proposing a ten foot wide multi-use pathway within the buffer along Chinden. A pathway connection is proposed to the east to the commercial development for interconnectivity and a community clubhouse pool and outdoor activity complex are also proposed. Noise abatement is required for residential uses adjoining a state highway. A six foot wood fence on top of a four foot tall berm is proposed. Wood fencing does not qualify as a sound attenuating material. Wall materials are required to consist of impervious concrete or stucco or other appropriate sound attenuating material. Monotonous walls are also not allowed and must vary in color and/or texture in accord with UDC standards. A revised plan is required with the final plat that is consistent with UDC standards or the applicant may request alternative compliance for a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer. Conceptual building elevations are proposed as shown for the single family residential attached and detached units. Traditional alley loaded homes and patio homes are proposed. All attached units are required to comply with the design standards in the architectural standards manual. The Commission recommended approval of the preliminary plat and the planned unit development. Mike Wardle and Jon Wardle, Brighton Corporation, testified in favor of the application. No one testified in opposition or commented. Written testimony was received from Mike Wardle, Brighton Corporation, in response to the staff report. The applicant is requesting a modification to condition number A-3-F in section eight to allow the developer to submit for alternative compliance to noise abatement requirements consistent with UDC standards and the applicant requests condition A-13 in section eight is deleted that pertains to the block face exceeding UDC standards as an intersecting alley qualifies as a break in the block face. Key issues of discussion by the Commission as -- as follows. The sound attenuating wall along State Highway 20-26 and the applicant's request to allow alternative compliance as a means of compliance as allowed by the UDC. Type and size of buffer proposed between the residential development and the future commercial development to the east where Costco is proposed. The width of the proposed alleys and the location of the pathway connection to the east. The Commission changes to the staff recommendation are as follows and Meridian City Council Meeting Agenda September 17, 2019 – Page 15 of 259 Meridian City Council September 10, 2019 Page 8 of 17 they did modify condition A-3-F as requested by the applicant to allow alternative compliance to the noise abatement requirements as allowed by the UDC. Deletion of condition A-13 as requested by the applicant in regard to block face and modification to condition A-3-A to require the applicant to work with staff to situate the pedestrian connection to the east in a location that makes the most sense. There are no outstanding issues for Council tonight. Written testimony since the Commission hearing has been received from Mike Wardle, Brighton Corporation. He is in agreement with the Commission recommendation. Staff will stand for any questions. De Weerd: Thank you, Sonya. Are you also in agreement with the changes that were made? Allen: Yes, ma'am. De Weerd: Okay. Council, any questions for staff at this time? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I have two questions and maybe Mike can answer. I will just plant the seed at least. On the staff report, page nine and ten, the two questions are with regards to the -- the alternative compliance with the parking. There was comment about the narrow private street and the solution being some -- some offsite parking provided on the -- you have two open spaces. Allen: Yes. Borton: Where is that parking, the extra 14 spaces? Allen: Madam Mayor, Councilman Borton, Council, that is in the conditions of approval, so the applicant will be revising the plan to accommodate the parking and they have agreed to that. Borton: Second -- Madam Mayor? The second question was with regards to the noise abatement and there was references to the four foot berm and the wood fence, but that's not acceptable, so there was -- Allen: Madam Mayor, Councilman Borton, Council, the -- the applicant just requested that it be specifically stated in the conditions of approval that they could request alternative compliance to that section of code and the UDC does allow for provision for alternative compliance. So, staff is amenable to that request to add that language. Borton: So, what's the -- what's alternative compliance to -- with this? Maybe I'm not tracking. Meridian City Council Meeting Agenda September 17, 2019 – Page 16 of 259 Meridian City Council September 10, 2019 Page 9 of 17 Allen: I don't know. They haven't submitted their request for alternative compliance, but it is eligible for alternative compliance per the UDC. So, maybe they can address it at the hearing tonight. I'm not sure if they are prepared to address that tonight or not, but -- Borton: Okay. Allen: -- it's a staff level director approval with alternate compliance. Borton: Not a wood fence. Allen: Yes. Borton: Okay. Allen: It meets ITD standards and -- yeah. All that. De Weerd: Thank you. Any other questions for staff? Would the applicant like to make comments? Wardle: Madam Mayor, Council Members, Mike Wardle, Brighton Corporation. 2929 West Navigator in Meridian. I won't go back through -- Sonya, would you bring up my slideshow, because it specifically will address the questions that Council Member Borton just brought up. Most of what I had proposed to show Sonya has already shown, so I will not -- okay. Allen: Mike, our -- our presentation isn't working up there. I'm sorry. I will have to drive for you. Wardle: Can you go to slide number five, please. There you go. Right there. This particular slide shows the items that we brought to the Commission's attention and asked for some specific considerations. Council Member Borton, you can see on the east and west side of that where those additional parking spaces will be provided and that was a good recommendation from staff and we concurred with that. Also at the southwest -- from the southwest curb you will see a yellow pathway that will be added . The original concept that was approved about a year and a half ago actually included a pathway there, but in the change of the layout it kind of disappeared . It will be back there. So, the only real other issue is on the east side where condition 3-A identified a general location of a pathway and as we talked through that issue with the Commission they put in the language, since there was already an or statement in the proposed condition, that we just work with staff to find the best location for that that would work in context with the access to the commercial use, specifically Costco to the east. We just note that Costco has a 25 foot landscape buffer on its side of the property line . We have a 35 foot on ours, so there is roughly 60 feet of landscaped open space with a fairly tall berm and a fence on that particular side. Now, with regard to the question on Chinden and the sound attenuation requirements of the code, as Sonya has noted there Meridian City Council Meeting Agenda September 17, 2019 – Page 17 of 259 Meridian City Council September 10, 2019 Page 10 of 17 is an alternative compliance provision in the code that gives us the opportunity to bring alternatives for consideration at the staff level. We did actually an analysis on the project immediately to the west of this -- on the west side of Tree Farm Way, a fairly short segment, but we were actually given approval through alternative compliance to do a wood fence there, because we actually, through a sound engineering analysis, showed that the -- Brighton builds a better standard fence than the -- most wood fences that you will find in the community and, in fact, tonight Mr. Turnbull and Mr. -- the other Mr. Wardle are in Eagle addressing some of that same question and have some examples of projects that we did 20 years ago that look wonderful , even today, simply based on the standard. Well, anyway, that analysis that I just cited showed that the wood fence actually is a better sound attenuator than a concrete wall or a masonry wall or whatever, which simply moves that sound back and forth. We haven't concluded exactly what that's going to be, because there is one other kind of a wild card in this whole question. You will see along the north boundary of this it doesn't say Chinden there, but that's, obviously, the big area on the north side of the property as between Chinden and the back of the lots. We have set aside a 60 foot wide strip through there that will give us, hopefully, far more than the four foot berm that we had originally anticipated. We actually dropped a few lots out and moved those lots down, so that we could get more elevation along Chinden. So, there is some design considerations that we still have not completed. We are not in construction mode yet on this particular project, although this will be happening fairly quickly. It is a replication of our Cadence product in Paramount and we are finding tremendous success and demand for that product for whatever reason there seems to be an aging population that wants a little bit more freedom of lock and leave and not worry about their -- their homes. So, the recommendation that was forwarded to you -- forwarded to you from the Council -- or from the Commission was concurring with a few requests that we made and acknowledging some future decisions to be made as well. But I want to go back to one other concern. A statement was made -- and, Sonya, I'm going to ask you to go to slide seven and eight. Okay. She showed you some just architectural renderings of the product, but these actually are the Cadence products that have already been constructed in the Paramount project. The next slide, Sonya, shows this -- the streets -- they are not substandard or narrow streets. Your code actually allows a -- in this type of a development of 26 foot street, but we are developing these at 29 feet, which is actually -- ACHD has a 27 foot standard now. They used to have 29 as their minimum with parking on one side. We are still building a 29 foot wide street with parking on one side and those streets, therefore, are -- are not narrow. It's kind of ironic after we had the last hearing at the Planning and Zoning Commission on my way home I drove through the project and I couldn't find any parking on the streets at all. People seem ed to be parking in their garages for some strange reason. But even if they were it would be limited and it would not impede the movement of vehicles and so you look at the streets, internal and external, and there is really no significant difference. In all of our projects that we have developed in Meridian in recent years we have used in the standard local street section of 33 feet, but that allows parking on both sides. We are doing 29 with parking on one and so, in reality, we have got more passing space on those streets than you would have in a typical neighborhood subdivision. So , we are -- we are excited about the product. We are excited about bringing this to Bainbridge and Meridian City Council Meeting Agenda September 17, 2019 – Page 18 of 259 Meridian City Council September 10, 2019 Page 11 of 17 we believe that the Commission's recommendation and the site modifications that they proposed are appropriate and ask for your consideration and approval as well. Would be happy to answer your questions. De Weerd: Thank you, Mike. Council, any questions? Okay. Wardle: Thank you. De Weerd: Thank you. Okay. We are in the public testimony section. Mr. Clark, are there any signups? Johnson: Madam Mayor, there were no signups. De Weerd: Okay. This is a public hearing. Yes, sir. Come on up. You have got to wait and -- well, we just needed it on the public record. If you will, please, state your name and address. Hammer: Yes. Joseph Hammer. 6922 North Agrarian Avenue, Meridian, Idaho. De Weerd: Thank you, Joseph. Hammer: We are some of those aged persons that -- and we just moved here about five months ago. But one thing I haven't heard discussed at all is -- is traffic and that's just a general comment. We moved from the Seattle area and part of the reason for moving was -- we lived next to Microsoft and it's 5:00 or 6:00 o'clock, you couldn't get out of our subdivision, because you just -- for a couple hours. But Chinden is about as bad it seems like and there is just a lot of traffic. Is there any -- in the staff recommendations or in the discussions during the record anything about traffic and mediation or amelioration there of traffic and expanding streets or anything? De Weerd: Yes. And that was part of the approval of the development. Hammer: Okay. De Weerd: And so all of that information was considered at that time, yes. Hammer: Okay. De Weerd: And I will note that Chinden is scheduled to be widened and -- in the next year I believe it should start. Or I guess in 2020. So, you will -- you will start seeing that -- that happening here soon. Hammer: Okay. All right. Well, that was the only comment I had. De Weerd: Well, thank you so much. Meridian City Council Meeting Agenda September 17, 2019 – Page 19 of 259 Meridian City Council September 10, 2019 Page 12 of 17 Hammer: Thanks. Borton: Thanks. Welcome. De Weerd: Yes, sir. And that is an excellent question though. Thank you. Please state your name and address for the record. Morris: And my name is Philip Morris. It truly is. 4222 West Lost Rapids Drive in Bainbridge. Have no desire to increase costs for anybody. My only concern about what I have heard tonight on the proposal on the berm between the proposed housing and Chinden would be that it be somewhat maintenance free . What's going to be stained or painted -- that's going to need to be maintained . I don't know who incurs that cost, but just a thought there. I walk through that park, Keith Bird Park, every morning right across the development -- from the proposed development here. There is two bus stops there. Maybe this isn't the forum to address that , but it's a cluster every morning. A lot of it is due to the construction traffic going through there. Still a lot of new homes being built. I watch the kids -- I watch the parents park in Keith Bird Park and the kids go across West Lost Rapids -- the tiny guys -- for their bus to pick them up coming that way. You got construction traffic coming, people going and coming to work, it's -- in my opinion I would be concerned. I would be a hovering parent there with my kid taking them across. There is another bus stop right in the southwest co rner of that proposed development off West Lost Rapids where it turns off of Tree Farm into the development. There is another bus stop right there and it's on the south side. That's the main means of egress and ingress for people coming in and out of the development, including construction traffic, and the bus stops right there and we have got parents who walk their kids to that corner, we have parents who drive and park along West Lost Rapids and, you know, in the bike lanes. It's just crowded and it's -- and we got a bunch of kids there. So, I don't know -- I just -- I don't know the suggestion -- the best solution. My thought would be to bring the bus stops on the south side right in front of Keith Bird Park, so that we don't have that bottleneck getting crowded every morning and maybe not have the little tikes having to cross that -- that street when there is -- when there is traffic coming and going there. Some of it -- most of it is respectful. Most of it's residents, but every now and then you have got a landscaper or some -- some delivery that's somewhat in a hurry that -- I would hate to see something bad happen there. So, those are my observations about it. De Weerd: Thank you. And I appreciate you sharing those observations and -- and maybe with -- Lieutenant Brown can bring some of those comments back to the school district in terms of the bus stop locations. I -- yes, Mr. Bernt. Bernt: I didn't mean to interrupt. I appreciate your comments. I was there recently -- probably about a week ago. I was there meeting another gentleman to do just a little quick delivery swap real quick and that's where we met was just the Keith Bird parking lot and I saw exactly -- when I was there there were probably about four moms there waiting in their vehicles and the kiddos got out and they ran out, you know, and I noticed that myself. I didn't notice it being too overly -- no different than my own subdivision Meridian City Council Meeting Agenda September 17, 2019 – Page 20 of 259 Meridian City Council September 10, 2019 Page 13 of 17 where I live, but I do think we can maybe have a discussion as to maybe moving thos e drop-off points a little bit, so that, you know, when construction and -- or I should say if construction is going on in this proposed subdivision it doesn't turn into a bottleneck like what you're talking about. That could be a concern. I agree. De Weerd: Thank you. Any further testimony? I would say, ironically, we had Coffee With The Mayor this morning at Cadence and the gentleman that toured me around their -- their clubhouse talked about their -- the typical resident and they use roads 10:00 to 2:00. They don't want to be in the -- the commuter traffic. They shy away from that. They talked about the average age of that community as -- as it is and, you're right, we didn't see a whole lot of parking on the roads, except for us, because we -- we had a great turnout this morning. So, it was I guess ironic timing to -- to this development, but I guess with these kind of densities this is the lowest impact development that we could have out there , in particular because of the kids and the safety aspect for bus pick up. Any further testimony from our public? Okay. Mr. Wardle, would you like to -- to remark? Wardle: Madam Mayor, no -- no particular -- De Weerd: You want to just state your name. Wardle: Yes. I'm sorry. Mike Wardle. Brighton Corporation. De Weerd: Thank you. Wardle: I appreciate Joseph's first question and your response to that, because, in reality, it was the approval of this project in conjunction with the commer cial at Ten Mile and Chinden that will enable at least three miles of Chinden to be widened by two lanes next year and another two miles of Ten Mile Road widened by two lanes. So, some of those improvements are coming as a result directly of the developments being proposed. I don't have any solutions to the schooling issue , but I believe it's a very valid thing for someone to bring to the school district's attention on where they stage their busing and either encourage or discourage children from crossing the streets when they don't really need to. And also I would echo, again, the -- the fact that we are not contributing to that school population and -- De Weerd: For the most part. Wardle: For the most part. De Weerd: I guess that -- Wardle: There might be a trophy family there somewhere, but it would be very very rare. But the -- the reality is that this is, as you noted, a low -- a low impact type of a project and actually generates less traffic than any other similar residential community. Meridian City Council Meeting Agenda September 17, 2019 – Page 21 of 259 Meridian City Council September 10, 2019 Page 14 of 17 So, I appreciate the opportunity to respond. And , again, if you have questions I would answer them. De Weerd: Thank you, Mr. Wardle. Council, any questions? Okay. Council, if there is no further questions I would entertain a motion to close the public hearing. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move that we close the public hearing. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7 -B. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Any discussion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move that we approve Item 7 -B, H-2019-0074. Borton: Second. De Weerd: I have a motion and a second to approve Item 7-B. Any discussion by Council? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. [Amended onto Agenda] Public Hearing for Citywide Fee Schedule De Weerd: Item 7-C was added to our agenda and this was the citywide fee schedule public hearing. Good evening, Brad. Thank you for being here this evening. Meridian City Council Meeting Agenda September 17, 2019 – Page 22 of 259 Meridian City Council September 10, 2019 Page 15 of 17 Purser: Thank you. I just want to refer you guys to the public record. We met on the 20th, had a presentation, went over all the fees, so if you refer to that. I can stand for questions and also want to thank Councilman Borton -- and I know Cavener is not here, but their efforts and in Legal in making this possible to happen tonight. So, thank you. Appreciate your help despite my oversight. So, with that I will -- any questions that you have, so -- thank you. De Weerd: Thank you, Brad. Council -- Borton: Madam Mayor? De Weerd: -- any questions? Yes, Mr. Borton. Borton: Briefly, Brad. I understand the process for it today. It was published in the paper, we can receive public input, but at the end of the public hearing . It will be continued to next week for potential action. Purser: We published for two weeks saying we were having a public hearing today and, then, we are continuing this to next week. So, we can wrap this, along with all of the utility -- or not utility, the -- you know, the trash and recycling rates all in one. So, we will finish this next week, so -- Borton: Okay. The public will have two opportunities to provide -- Purser: Exactly. Borton: -- written or public comment. Good. De Weerd: Okay. Very good. Thank you f or that clarification, Mr. Borton. Okay. Thank you, Brad. Purser: Thank you. Borton: Thanks, Brad. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. Seeing none -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we continue Item 7-C, the citywide fee schedule to September 17th. Milam: Second. Meridian City Council Meeting Agenda September 17, 2019 – Page 23 of 259 Meridian City Council September 10, 2019 Page 16 of 17 De Weerd: I have a motion and a second to continue this to the 17th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Ordinances A. Ordinance No. 19-1851: Amending Meridian City Code Section 13-2-9(6), Regarding Ejectment From City Parks; Adopting a Savings Clause; and Providing an Effective Date. De Weerd: Item 8-A is Ordinance 19-1851. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. It's an ordinance amending Meridian City Code Section 13-2-9(b), regarding ejectment from city parks; adopting a savings clause; and providing an effective date. De Weerd: You have heard this ordinance read by title. Would anyone like to hear it read in its entirety? Seeing none, Council, do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1851 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 8 -A. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics De Weerd: Council, any topics under Item 9? Hearing none, I would entertain a motion to adjourn. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda September 17, 2019 – Page 24 of 259 Meridian City Council September 10, 2019 Page 17 of 17 Borton: Move we adjourn. Little Roberts: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) q / lo / 19 MA OR -WEERD DATE APPROVED ATTEST: Go�QORATEoq�c s " v -r << —r– CH I O LER #04ho m 4, SEA L EIDIAN?- � J CITY COUNCIL REGULAR MEETING AGENDA September 10, 2019 Agenda Item Number: 6 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 Meetinci Notes: 9/10/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 9/10/2019 Hearing Type: Public Forum Active: *-* Signature Name Discussion Topic Sign In Date/Time Carol Standley Meridian's puncturevine problem (goatheads) 9/10/2019 5:54:20 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=321 1/1 Carol S-64 I ay 9b-Iq Help Us Control Puncturevine In and Around Meridian! Dig or Pull Uut Goat Heads! Who: Residents of the community of Meridian. What: Dig or pull puncturevine, also known as goat heads. Please be sure to pick up all the seeds under and around the vine. You will need garden tools, leather gloves, bread sacks, carpet padding and garbage bags. (put bread sacks over shoes, walk around & pick up seeds) When: During the months of June through October, please spend time pulling any puncturevine you find on/or around your property. Where: 1. Check around your own yard. Include the sidewalk, driveway edges, and alley. 2. Help a neighbor check his/her yard. 3. Check and search around your neighborhood. Why: Puncturevine seeds, goat heads, easily puncture bike tires, hurt bare feet and animal paws. Getting rid of the vines and the seeds now will prevent many new plants from growing next spring. Puncturevine is a weed on Idaho's Noxious Weeds list. For more information go to: www.idahoweedawareness.com Or call: Edee White 208-860-0798 or Carol Standley 208-888-5710 EIDIAN+�- CITY COUNCIL REGULAR MEETING AGENDA September 10, 2019 Agenda Item Number: 7 A Item Title: Final Plat Continued from August 27, 2019 for Cherry Blossom (H-2019-0064) By Doug Jayo, Jayo Land Development Company, LLC., Located at 615 W. Cherry Ln. Meeting Notes: ac«w FaM {�9mdA 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 August 27, 2019 for Cherry 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 ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 9/6/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 9/5/2019 - 3:02 P M Meridian City Council Meeting Agenda September 10, 2019 – Page 3 of 60 Page 1 HEARING DATE: 9/10/2019 (Continued from: 6/11, 7/9, 7/16, 8/13, and 8/27/2019) TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0064 Cherry Blossom Subdivision No. 1 LOCATION: 1405 W. Victory Rd., in the NW ¼ of Section 25, T.3., R.1W. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 45 building lots and 9 common lots on 9.81 acres of land in the R-8 zoning district. This is the first of two phases of development of the preliminary plat. Alternative Compliance is proposed to the standard listed in UDC 11-3B-12C that requires a 5-foot wide landscape strip to be provided along each side of the multi-use pathway located along the north side of W. Cedarburg Drive to only require landscaping along the north side of the pathway (preliminary plat condition #1.1.3e). II. APPLICANT INFORMATION A. Applicant: Doug Jayo, Jayo Land Development Company, LLC – 10564 W. Business Park Ln., Boise, ID 83709 B. Owner: Same as Applicant C. Representative: Jon Breckon, Breckon Land Design – 6661 N. Glenwood St., Garden City, ID 83714 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda September 10, 2019 – Page 4 of 60 Page 2 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. Amenities proposed for this development are as follows: children’s play equipment, a segment of the City’s multi-use pathway system, a 12’ x 18’ gazebo, a gas grill/smoker and a gas fire pit with a seating area. The gas sources for the grill/smoker and fire pit are proposed to be on a timer than shuts off after 30 minutes in the event they’re accidently left on; Staff recommends the controls for these amenities are placed in a locked cabinet accessible only by residents to prevent children from operating them. Exhibits for lots accessed by common driveways are included in Exhibit D of Section V; the exhibit does not include Lot 13, Block 2 as it’s intended to be re-subdivided with Phase 2 to include additional land area to the east and will be accessed from the east, not from the common driveway. The Applicant requests the Director’s approval for Alternative Compliance to the standards listed in UDC 11-3B-12C which require a 5-foot wide landscape strip to be provided along each side of pathways. A multi-use pathway is proposed in lieu of the typical 5-foot wide attached sidewalk along the north side of W. Cedarburg St., a local street. The Applicant only proposes landscaping along the north side of the pathway because the south side is proposed to be attached to the curb so there will be less of an encroachment and more usable common area in Lots 1 and 5, Block 1 and yard area for the residential lots on Lots 2-4, Block 1. To off-set the proposed alternative means of compliance, the Applicant proposes to provide additional site amenities in the common area on Lot 21, Block 1 including a 12’ x 18’ gazebo, gas grill/smoker and gas fire pit with a seating area. The Director finds the request to be an equal means of meeting the intent and purpose of the regulation and approves the request. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. The request for Alternative Compliance to the landscape standards for pathways listed in UDC 11-3B-12C was approved by the Director. Meridian City Council Meeting Agenda September 10, 2019 – Page 5 of 60 Page 3 V. EXHIBITS A. Preliminary Plat (date: 6/8/2018) Meridian City Council Meeting Agenda September 10, 2019 – Page 6 of 60 Page 4 B. Final Plat (date: 8/28/2019) Meridian City Council Meeting Agenda September 10, 2019 – Page 7 of 60 Page 5 Meridian City Council Meeting Agenda September 10, 2019 – Page 8 of 60 Page 6 C. Landscape Plan (dated: 8/28/19) & Site Amenities Meridian City Council Meeting Agenda September 10, 2019 – Page 9 of 60 Page 7 Meridian City Council Meeting Agenda September 10, 2019 – Page 10 of 60 Page 8 Meridian City Council Meeting Agenda September 10, 2019 – Page 11 of 60 Page 9 Meridian City Council Meeting Agenda September 10, 2019 – Page 12 of 60 Page 10 Meridian City Council Meeting Agenda September 10, 2019 – Page 13 of 60 Page 11 *Grill to be custom-built to look like picture above but with granite countertop & an alternative material in place of the stone veneer. Meridian City Council Meeting Agenda September 10, 2019 – Page 14 of 60 Page 12 D. Common Driveway Exhibits (dated: 8/27/19) Meridian City Council Meeting Agenda September 10, 2019 – Page 15 of 60 Page 13 Meridian City Council Meeting Agenda September 10, 2019 – Page 16 of 60 Page 14 Meridian City Council Meeting Agenda September 10, 2019 – Page 17 of 60 Page 15 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0018, Development Agreement #2018-117003). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by September 4, 2020), or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Idaho Survey Group, stamped on 8/28/2019 by Cody McCammon, included in Section VII.B shall be revised as follows: a. Coordinate sanitary sewer and water service line routing and locations for Lot 13, Block 2 with Development Services. b. Remove the street name “W. Elm St.” from the common driveway on Lot 13, Block 1 in accord with the revised Ada County Street Name Review letter. c. The existing irrigation ditch that is proposed to be piped on this property along the southern boundary of the subdivision shall be located in the center of the required 10-foot wide irrigation easement. d. Note #7: Access to Lot 13, Block 2 is proposed to be provided from the east with Phase 2, not via the common driveway on Lot 14, Block 2 – revise note accordingly (the ingress/egress access easement on Lot 14, Block 2 will not serve Lot 13). e. Include a new note stating that Lot 13, Block 2 is non-buildable until such time it’s re- subdivided to include additional land to the east with Phase 2. f. On Sheet 8.1 of the development construction plans, include enlarged typical cross- sections including dimensions for Lots 1 thru the west portion of Lot 9 and the east portion of Lot 9 thru 13, Block 2, showing location of open irrigation ditch, irrigation ditch proposed to be piped, fencing, pressurized irrigation, any all other utilities proposed in the rear yard area of lots along southern boundary. All easements and setbacks shall also be depicted on this detail. g. Note #12: “Lots 1 through the western portion of Lot 9, Block 2 are subject to a five (5) foot wide irrigation user easement, and the eastern portion of Lot 9 and Lots 10-13, Block 2 are subject to a one (1) foot wide irrigation user easement to benefit adjacent land owners, said easement shall be maintained by the Cherry Blossom Homeowner’s Association. The above easements is are shown on this plat; no permanent structures, trees or shrubs shall be placed within the easement areas. Said irrigation user easement grants the adjacent property owners to the south the right to access and obtain irrigation water and maintain and/or repair the irrigation ditch and associated equipment as necessary. h. Graphically depict the 5-foot and 1-foot wide user’s irrigation easements along the southern boundary of Lots 1-13, Block 2 noted above in condition #A.4h (note #12) and label them as such. The 10-foot wide permanent pressure irrigation, gravity irrigation and lot drainage easement on the eastern portion of Lot 9 and Lots 10-13, Block 2 shall be shifted to the north one (1) foot to accommodate the user’s easement. Meridian City Council Meeting Agenda September 10, 2019 – Page 18 of 60 Page 16 i. Lot 14, Block 2 shall end at the common lot line between Lots 12 and 13, Block 2 as Lot 13 is proposed to be accessed from the east and not from the common driveway. 5. The landscape plan prepared by Breckon Land Design, dated 8/28/19, needs to be revised as follows: a. Relocate the children’s play equipment to Lot 5, Block 1 away from the arterial street (i.e. W. Cherry Ln.) and more central to the development. b. Callout Legend: Remove all references to “to be determined by owner”; #3 – pathway material shall be concrete or asphalt; #4 – multi-use pathway material shall be concrete; #5 – tot lot shall be consistent with the detail shown in Section V.C; #6 – gazebo shall be consistent with the detail shown in Section V.C; and #7 & #8 – gas fire pit and built-in gas grill/smoker shall be consistent with the details shown on Sheet L1.3 and shall be commercial grade quality. Notes: The Park’s Dept. approved a 7-foot wide attached multi-use pathway along the north side of W. Cedarburg St. in lieu of a 10-foot wide pathway. The Director approved the Applicant’s request for Alternative Compliance to the standard listed in UDC 11-3B-12C which requires a 5-foot wide landscape strip to be provided along each side of the pathway along the north side of W. Cedarburg Dr. to only provide a landscape strip along the north side of the pathway (see Findings in Section VII). In lieu of the required landscaping, the Applicant is required to provide a gazebo, built-in gas grill/smoker and gas fire pit with a seating area. 6. Future homes constructed in this development shall be restricted to a single-story in height and substantially comply with the conceptual elevations approved with H-2018-0018 included in the Development Agreement. 7. The controls for the gas grill/smoker and gas fire pit shall be placed in a locked box to prevent children from operating them. 8. The common driveways proposed within this development shall be constructed in accord with the standards listed in UDC 11-6C-3d. 9. A perpetual ingress/egress easement for the common driveways shall 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 recorded easements shall be submitted with the final plat for City Engineer signature. 10. All existing structures on the site shall be removed prior to City Engineer signature on the final plat. 11. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Adjust streetlight locations or add one additional streetlight to meet spacing requirements. 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. Meridian City Council Meeting Agenda September 10, 2019 – Page 19 of 60 Page 17 2. Sanitary sewer and water service to the lots fronting a common driveway shall come from service lines extended from the public right-of-way, and not from mainline extensions within said driveways. 3. Design and construction of the user lateral ditch piping within this project shall conform to the Meridian Design Standards and Supplemental Specification to the Idaho Standards for Public Works Construction (ISPWC). General Conditions: 4. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 5. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 6. 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. 7. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 8. 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. 9. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 10. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 11. 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. 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 Meridian City Council Meeting Agenda September 10, 2019 – Page 20 of 60 Page 18 approval letter. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. 18. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 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. 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. 21. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 22. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 24. 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 Meridian City Council Meeting Agenda September 10, 2019 – Page 21 of 60 Page 19 Resources. 25. 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. 26. The City of Meridian requires that pressurized irrigation systems be supplie d 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. 27. 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. VII. Findings – Alternative Compliance (UDC 11-5B-5E) In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence or application of the requirement is feasible but not a desired option. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the Applicant’s proposal to provide additional site amenities beyond the minimum required in the form of a gazebo, gas fire pit and gas grill in the common area provides an equal means for meeting UDC requirements. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Meridian City Council Meeting Agenda September 10, 2019 – Page 22 of 60 C�E IDIIZAN?- CITY COUNCIL REGULAR MEETING AGENDA September 10, 2019 Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: City Council Meeting September 10, 2019 Zoning Map Future Land Use Map Aerial Map E IDIAN I DAHO CITY COUNCIL REGULAR MEETING AGENDA September 10, 2019 Agenda Item Number: 7 B Item Title: Public Hearing for Bainbridge North (H-2019-0074) By Brighton Investments, LLC., Located at the SE Corner of W. Chinden Blvd./SH20-26 and N. Tree Farm Way 1. Request: Preliminary Plat consisting of 165 building lots and 13 common lots on 35.57 acres of land in the R-15 zoning district, and; 2. Request: A Planned Unit Development incorporating a variety of housing types with deviations to the typical R-15 building setback requirements, and; 3. Request: A Modification to the Development Agreement (Inst. #2018-047368) to update the conceptual development plan for the site. Meeting Notes: Fr c✓ -w- I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for B ainbridge North (H-2019-0074) by Brighton Investments, L L C , L ocated at the S E Cor ner of W. Chinden Blvd./S H 20-26 and N. T ree F arm Way 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 Commission Recommendations S taff Report 9/3/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 9/3/2019 - 4:02 P M Meridian City Council Meeting Agenda September 10, 2019 – Page 23 of 60 9/10/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 9/10/2019 Hearing Type: Council Item Number: 7-B Project Name: Bainbridge North Project No.: H-2019-0074 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=313 1/1 Changes to Agenda: • Item #7A: Cherry Blossom (H-2019-0064) — Staff requests this project is vacated from the agenda to be brought back at a later hearing date once easement issues are resolved. Item #8B: Bainbridge North (H-2019.0074) Application(s): ➢ Development Agreement Modification ➢ Preliminary Plat ➢ Planned Unit Development Size of property, existing zoning, and location: This site consists of 35.57 acres of land, zoned R-15, located at the SEC of W. Chinden Blvd/SH 2O-26 and N. Tree Farm Way. History: This property was annexed in 2018 along with the property to the east and included in a DA. Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) Summary of Request: A modification to the DA is proposed to update the conceptual development plan for the site, The existing & proposed plan is for a mix of SFR attached & detached units for seniors age 55 and older; the layout of the development is the only thing that has changed. The existing plan depicts a central common area surrounded by building lots; the proposed plan depicts a gated community with 3 large separate active and passive common areas dispersed throughout the development accessed by gated private streets. The Applicant also requests to amend provision #5.1.5 in the DA which requires the property to be subdivided prior to issuance of any building permits to allow (1) permit for the community center to be issued prior to subdivision of the property. The proposed preliminary plat consists of 165 building lots and 13 common lots on 35.57 acres of land in the R-15 zoning district and is proposed to develop in (2) phases as shown on the phasing plan. A PUD is proposed for a mix of attached & detached age -qualified 55+ dwelling units that incorporate a variety of housing types and setbacks unique to unit and site design. The development is proposed to be gated for security purposes and have private streets, alleys and a common driveway for access to the units within the development. Deviations to the typical R-15 building setback requirements are proposed as shown & as noted in the staff report; and to UDC 11 -6C -3B.5, which requires alleys to be designed so that the entire length is visible from a public street. Access is proposed via (2) gated private driveways from the adjacent collector streets (Tree Farm & Lost Rapids); private streets, alleys and a common driveway are proposed internally for access within the subdivision. Qualified open space & site amenities are proposed in excess of UDC standards. A minimum of 10% (3.56 acres) open space is required; 26.37% (9.38 acres) is proposed. A minimum of (2) site amenities are required; a 10' multi -use pathway is proposed within the buffer along Chinden, a pathway connection is proposed to the east to the commercial development for interconnectivity, and a community clubhouse, pool and outdoor activity complex are also proposed. Noise abatement is required for residential uses adjoining a state highway. A 6' wood fence on top of a 4' berm is proposed; wood fencing does not qualify as a sound attenuating material, wall materials are required to consist of impervious concrete or stucco or other appropriate sound attenuating material. Monotonous walls are also not allowed & must vary in color and/or texture in accord with UDC standards. A revised plan is required with the final plat that is consistent with UDC standards; or the Applicant may request alternative compliance for a substitute noise abatement proposal in accord with ITD standards & prepared by a qualified sound engineer. Conceptual building elevations are proposed for the SFR attached & detached units as shown; traditional alley -loaded homes and patio homes are proposed. All attached units are required to comply with design standards in the ASM. Commission Recommendation: Approval 1. Summary of Commission public hearing: a. In favor: Mike Wardle, Brighton Corp.; Jon Wardle, Brighton Corp. b. In opposition: None c. Commenting: None d. Written testimony: Mike Wardle, Brighton Corp. 2. Key issue(s) of public testimor4y: a. The Applicant requests a modification to condition #A.3f in Section VIII to allow the Developer to submit for alternative compliance to the noise abatement requirements consistent with UDC 11- 3H -4D.4; and b. The Applicant requests condition #A.13 in Section VIII is deleted that pertains to the block face exceeding UDC standards as an intersecting alley qualifies as a break in the block face. 3. Key issue(s) of discussion by Commission: a. The sound attenuation wall required along SH -20/26 and the Applicant's request to allow Alternative Compliance as a means of compliance; b. The type and size of buffer proposed between the residential development and the future commercial development (i.e. Costco) to the east; c. The width of the proposed alleys; and, d. The location of the pathway connection to the east. 4. Commission change(s) to Staff recommendation: a. Modification to condition #A.3f in Section VIII as requested by the Applicant to allow Alt Comp to the noise abatement requirement as allowed by the UDC. b. Delete condition #A.13 in Section VIII as requested by the Applicant in regard to the block face; and, c. Modification to condition #A.3a in Section VIII to require the Applicant to work with Staff to situate the pedestrian connection to the east in a location that makes the most sense. 5. Outstanding issue(s) for City Council: a. None Written Testimony since Commission Hearing: Mike Wardle, Brighton Corp (in agreement w/Commission recommendation. Notes Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0074, as presented in the staff report for the hearing date of September 10, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0074, as presented during the hearing on September 10, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0074 to the hearing date of September 10, 2019 for the following reason(s): (You should state specific reason(s) for continuance.) Page 1 HEARING DATE: 9/10/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0074 Bainbridge North LOCATION: SEC of W. Chinden Blvd./SH 20-26 and N. Tree Farm Way (NE ¼ of Section 27, T.4N., R.1W.) I. PROJECT DESCRIPTION The Applicant has submitted the following applications: Modification to the Development Agreement (Inst. #2018-047368) to update the conceptual development plan for the site; Preliminary Plat consisting of 165 building lots and 13 common lots on 35.57 acres of land in the R-15 zoning district; Planned Unit Development incorporating a variety of housing types with deviations to the typical R-15 building setback requirements; Private Street for internal gated privately owned streets within the development; and, Alternative Compliance to the following UDC standards: 1) Table 11-3C-6, which requires parking pads to be provided in addition to garage spaces, to not be required to provide parking pads due to the age restricted (55+) residents and the anticipation they will have fewer vehicles; 2) 11-3F-4.A.4, which restricts development to no more than 50 dwelling units with a gated entrance to the development; 3) 11-3F-4A.6, which doesn’t allow common driveways to be accessed off private streets; 4) 11-3F-4B.2b, which requires private streets to have a travel lane of 24’ or 26’ as determined by the Fire Marshall relative to the height and size of the proposed structures that adjoin the private street; and, STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda September 10, 2019 – Page 24 of 60 Page 2 5) 11-3F-4B.2d, which requires all drive aisles to be posted as fire lanes with no parking allowed and the curbs next to the drive aisle to be painted red. Note: The private street and alterative compliance applications are reviewed by the Director; Commission/Council action is not required. II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Acreage 35.57 Future Land Use Designation MDR (3-8 units/acre) Existing Land Use Vacant/undeveloped Proposed Land Use(s) SFR Current Zoning R-15 Proposed Zoning NA Lots (# and type; bldg/common) 165 building/13 common Phasing plan (# of phases) 2 phases Number of Residential Units (type of units) 165 Density (gross/net) 4.64 units/acre (gross); 8.97 units/acre (net) Open Space (acres, total [%] / buffer / qualified) 9.38 acres (26.37%) Amenities Regional pathway, community center Physical Features (waterways, hazards, flood plain, hillside) NA Neighborhood meeting date; # of attendees: 1/16/19 and 6/13/19 (see application for list of attendees) History (previous approvals) H-2018-0004 (AZ - DA #2018-047368, PP) Ada County Highway District Staff report (yes/no) Yes Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) (1) Access via N. Tree Farm Way and (1) access via W. Lost Rapids Dr., both collector streets; private streets internally Stub Street/Interconnectivity/Cross Access No stub streets were required to the commercial property to the east Existing Road Network N. Tree Farm Way and W. Lost Rapids Dr., both collector streets, are existing Existing Arterial Sidewalks / Buffers Detached sidewalks exist along the collector streets Proposed Road Improvements None Meridian City Council Meeting Agenda September 10, 2019 – Page 25 of 60 Page 3 Fire Service Distance to Fire Station 1.8 miles from Fire Station #5 Fire Response Time 4:00 minutes under ideal conditions Resource Reliability 81% (does not meet targeted goal of 85% or greater) Risk Identification 1 (current resources would be adequate) Accessibility Meets all required access, road widths and turnarounds Special/resource needs Won’t require an aerial device Water Supply Requires 1,000 gallons per minute for one hour Other Resources NA Police Service Distance to Police Station 8 miles Police Response Time 5 minutes Calls for Service 402 within one mile of site between 4/1/2018 and 3/31/2019 Accessibility No issues with access Specialty/resource needs None Crimes None Crashes None West Ada School District Distance (elem, ms, hs) No comments received Capacity of Schools # of Students Enrolled Wastewater Distance to Sewer Services 0 feet Sewer Shed North Black Cat Trunkshed Estimated Project Sewer ERU’s See application WRRF Declining Balance 13.69 Project Consistent with WW Master Plan/Facility Plan Yes – Flows committed with annexation Water Distance to Water Services 0 feet Pressure Zone One Estimated Project Water ERU’s See application Water Quality None Project Consistent with Water Master Plan Yes Impacts/Concerns Distance to nearest City Park (+ size) Directly across the street from 7.5 acre City park Distance to other key services Within a half mile of a grocery store (Walmart) Meridian City Council Meeting Agenda September 10, 2019 – Page 26 of 60 Page 4 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 2929 W. Navigator #400, Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Michael D. Wardle, Brighton Corporation – 2929 W. Navigator #400, Meridian, ID 83642 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda September 10, 2019 – Page 27 of 60 Page 5 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 7/26/2019 8/23/2019 Radius notification mailed to properties within 300 feet 7/23/2019 8/20/2019 Public hearing notice sign posted on site 8/1/2019 8/27/2019 Nextdoor posting 7/23/2019 8/20/2019 V. STAFF ANALYSIS A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) and Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Medium Density Residential (MDR) – The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units per acre. The Applicant’s proposal to develop the site with a mix of single-family attached and detached homes consisting of a total of 165 units at a gross density of 4.64 units per acre (net density of 8.97 units per acre) is consistent with the MDR 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 proposed mix of attached and detached units will contribute to the diversity in housing types in the northern portion of the City. Staff is unaware if the proposed units will be owner occupied or rental units. “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development will provide housing options in close proximity to the existing and future employment and shopping centers along the Chinden Blvd. and Ten Mile corridors. “Require open space areas within all development.” (6.01.01A) Qualified open space is proposed to be provided in accord with the 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) Urban services can be provided to this development, which has been annexed into the City. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D); Access is proposed via the adjacent collector streets; access via a local street is not available. Direct access to W. Chinden Blvd. is prohibited “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 proposed to the east to the future commercial development for pedestrian connectivity; no other neighborhoods adjoin this site. A 10-foot wide segment of Meridian City Council Meeting Agenda September 10, 2019 – Page 28 of 60 Page 6 the multi-use pathway is required to be constructed along Chinden Blvd. to provide pedestrian connectivity to the area. B. Proposed Development Applications: Development Agreement Modification: Modification to the Development Agreement (DA) (Inst. #2018-047368) to update the conceptual development plan for the site. The existing and proposed plan is for a mix of single-family attached and detached units for seniors age 55 and older; the layout of the development is the only thing that has changed. The existing plan depicts a central common area surrounded by building lots; the proposed plan depicts a gated community with 3 large separate active and passive common areas dispersed throughout the development accessed by gated private streets (see Section VII.A). The Applicant also requests to be allowed to obtain one (1) building permit for the clubhouse prior to the final plat recording. Staff is amenable to this request to support the marketing of the development and recommends the existing DA provision which prohibits any building permits from being issued on the subject property until it is subdivided is amended accordingly (see Section VIII.A.1a). Preliminary Plat: The proposed preliminary plat consists of 165 building lots and 13 common lots on 35.57 acres of land in the R-15 zoning district and is proposed to develop in two (2) phases as shown on the phasing plan (see Section VII.B). Planned Unit Development: A Planned Unit Development is proposed to enable the provision of a mix of attached and detached age-qualified 55+ dwelling units that incorporate a variety of housing types and setbacks unique to unit and site design. The development is proposed to be gated for security purposes and have private streets, alleys and a common driveway for access to the units within the development. Deviations to the typical R-15 building setback requirements are proposed as noted below (F); and to UDC 11-6C-3B.5, which requires alleys to be designed so that the entire length is visible from a public street. Private Streets: Gated private streets are proposed internally for access to the lots in the development. This application requires approval from the Director and does not require Commission/Council action. Alternative Compliance: Alternative Compliance is requested to the following UDC standards: 1) Table 11-3C-6, which requires parking pads to be provided in addition to garage spaces, to not be required to provide parking pads due to the age restricted (55+) residents and the anticipation they will have fewer vehicles; 2) 11-3F-4.A.4, which restricts development to no more than 50 dwelling units with a gated entrance to the development, to allow 165 units with a gated entrance; 3) 11-3F-4A.6, which doesn’t allow common driveways to be accessed off private streets, to allow one (1) common driveway to be accessed off the adjacent private street; 4) 11-3F-4B.2b, which requires private streets to have a travel lane of 24’ or 26’ as determined by the Fire Marshall relative to the height and size of the proposed structures that adjoin the private street, to allow 29-foot street sections; and, 5) 11-3F-4B.2d, which requires all drive aisles to be posted as fire lanes with no parking allowed and the curbs next to the drive aisle to be painted red, to allow parking on one side of the street with the opposite side signed no parking with red painted curbs. This application requires approval from the Director and does not require Commission/Council action. Meridian City Council Meeting Agenda September 10, 2019 – Page 29 of 60 Page 7 C. Existing Structures/Site Improvements: There are no existing structures on this site; detached sidewalks exist along the abutting collector streets (N. Tree Farm Way and W. Lost Rapids Dr.). D. Proposed Use Analysis: The proposed single-family attached and detached dwellings are listed in UDC Table 11-2A-2 as principal permitted uses in the R-15 zoning district. E. Dimensional Standards (UDC 11-2A-7): Future development is subject to the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district as follows: The Applicant proposes deviations to some of these standards with the PUD as follows (see PUD Site Plan in Section VII.E): Street setback to living area (local): from 10’ to 6’ for traditional - alley garage & alley park side Meridian City Council Meeting Agenda September 10, 2019 – Page 30 of 60 Page 8 Street setback to living area (alley): from 10’ to 6’ Rear setback: from 12’ to 6’ for traditional - alley garage & alley park side No deviations to the setbacks are requested or approved to the setbacks along the periphery of the planned development. F. Access (UDC 11-3A-3, 11-3H-4): Access is proposed via two (2) driveways from the abutting collector streets (N. Tree Farm Way from the west and W. Lost Rapids Dr. from the south) – local street access is not available to this property; direct access via Chinden Blvd./SH-20/26 is prohibited. Private streets are proposed on Lot 55, Block 1 for internal access within the development; alleys are proposed off of private streets for traditional alley-loaded units. Private streets are not typically intended for single-family developments; however, because the development is proposed to be gated, creates common mews through the site design and is part of a planned unit development, Staff is of the opinion private streets are appropriate. Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4. ACHD has approved the private street connection(s) to the public street(s) contingent upon the City approving the private street application. Alternative Compliance is requested to the following private street standards: 1) 11-3F-4.A.4, which restricts development to no more than 50 dwelling units with a gated entrance to the development, to allow 165 units with a gated entrance; 2) 11-3F-4A.6, which doesn’t allow common driveways to be accessed off private streets, to allow one (1) common driveway to be accessed off the adjacent private street; 3) 11-3F-4B.2b, which requires private streets to have a travel lane of 24’ or 26’ as determined by the Fire Marshall relative to the height and size of the proposed structures that adjoin the private street, to allow 29-foot street sections; and, 4) 11-3F-4B.2d, which requires all drive aisles to be posted as fire lanes with no parking allowed and the curbs next to the drive aisle to be painted red, to allow parking on one side of the street with the opposite side signed no parking with red painted curbs. Staff is of the opinion the proposed design includes innovative design features based on New Urbanism such as a walkable secure/gated neighborhood, neo-traditional design, pedestrian connectivity to the future commercial development to the east and a variety of housing types and sizes and therefore, provides an equal means of meeting the intent and purpose of the aforementioned regulations. Therefore, the Director approves the requests for Alternative Compliance to the private street standards. G. Parking (UDC 11-3C-6): Off-street parking is required for each dwelling unit in accord with UDC 11-3C-6, based on the number of bedrooms per unit; garage spaces as well as outside parking pads are required. Meridian City Council Meeting Agenda September 10, 2019 – Page 31 of 60 Page 9 Alternative Compliance to UDC Table 11-3C-6 is requested to not be required to provide outside parking pads due to the age restricted (55+) residents and the anticipation they will have fewer vehicles. Because 29’ wide private streets are proposed within the development, parking is allowed on one side of the street and should be provided on the street side adjacent to the alley accessed units rather than the patio homes with front accessed garages to allow for more spaces that aren’t encumbered by driveways. Planning and Fire Dept. Staff are concerned there will not be adequate parking for guests. Therefore, Staff recommends a minimum of 14 additional parking spaces are provided between the two large common areas on Lots 112 and 154 for additional guest parking as a provision of the Alternative Compliance request. With the additional parking, the Director approves the Alternative Compliance request. One parking space per every 500 square feet of gross floor area is required for non-residential uses. The community center is proposed to be in the 6,000-7,000 square foot range which would require 12-14 spaces. The PUD site plan depicts 28 parking spaces, exceeding the minimum requirements, off the private streets on either side of the community center near the southern portion of the development. The extra spaces will contribute to the guest parking needed for the site. H. Pathways (UDC 11-3A-8, 11-3H-4C-4): A detached 10-foot wide multi-use pathway is required to be constructed with a public use easement within the street buffer along W. Chinden Blvd. per UDC 11-3H-4C.4. A micro- pathway is proposed to the east to the future commercial development at the northeast corner of the development. Landscaping is required adjacent to pathways in accord with the standards listed in UDC 11-3B-12C. Although a pathway is needed for interconnectivity with the commercial development to the east, the proposed location between Lots 31 and 32 is not ideal as it connects to a driveway at the entrance of the future commercial development from Chinden Blvd. – there is no pathway connection planned on the commercial site which will present a safety hazard to pedestrians. Therefore, Staff recommends the pathway is shifted further to the south in the vicinity of Lot 41, Block 1 in alignment with the sidewalk on the north side of the Costco building; or, the Applicant coordinate with the developers of the Costco site to provide a safe pedestrian connection elsewhere between the two developments that avoids pedestrian/vehicular conflicts. Depict one (1) additional pathway for unrestricted access to pedestrians and bicycles within the proposed development in accord with UDC 11-3F-4A.4c in the vicinity of Lot 67, Block 1. I. Sidewalks (UDC 11-3A-17): Detached sidewalks exist along the abutting collector streets (N. Tree Farm Way and W. Lost Rapids Dr.); a detached sidewalk/pathway is required along W. Chinden Blvd.; detached sidewalks are proposed internally adjacent to private streets. J. Parkways (UDC 11-3A-17): Parkways are required to be constructed per the standards listed in UDC 11-3A-17E and landscaped per the standards in 11-3B-7C. Eight-foot wide parkways are proposed abutting all private streets except where attached sidewalks are proposed adjacent to Lot 133, Block 1 where parking is proposed adjacent to the community center. Meridian City Council Meeting Agenda September 10, 2019 – Page 32 of 60 Page 10 K. Landscaping (UDC 11-3B): Landscaping is required within street buffers (11-3B-7C), adjacent to pathways (11-3B-12C), within parkways (11-3A-17E and 11-3B-7C), and within common open space areas (11-3G-3E) in accord with UDC standards. L. Qualified Open Space (UDC 11-3G-3): A minimum of 10% qualified open space is required to be provided within the development; based on 35.57 acres of land, a minimum of 3.56 acres is required. The qualified open space exhibit in Section VII.D depicts 9.38 acres (or 26.37%) of qualified open space consisting of parkways, street buffers along collector streets and internal common open space areas. Although a few of the areas counted do not meet the requirements for qualified open space (i.e. end caps), the proposed open space far exceeds UDC standards without those areas. M. Qualified Site Amenities (UDC 11-3G-3): A minimum of two (2) site amenities are required to be provided within the development based on 35.57 acres of development area. A 10-foot wide multi-use pathway is proposed within the street buffer along W. Chinden Blvd., a pathway connection is proposed to the east, and a community clubhouse, pool and outdoor activity complex are proposed as amenities exceeding the minimum UDC standards. N. Private Open Space (UDC 11-7-4B) In addition to the afore-noted common open space & site amenity requirements, a minimum of 80 square feet of private, usable open space is required to be provided for each residential unit in a planned unit development. This can be satisfied through porches, patios, decks and enclosed yards; landscaping, entryway and other accessways do not count toward this requirement. The Applicant proposed patio areas, porches and abutting yard space(s) in excess of 80 s.f. for each unit. O. Noise Abatement (UDC 11-3H-4D) Noise abatement is required for residential uses adjoining state highways (i.e. US 20-26/Chinden Blvd.) as set forth in UDC 11-3H-4D. The applicant has submitted a cross-section of the noise abatement proposed along Chinden Blvd. consisting of a 4-foot tall berm and 6-foot tall wood fence (see Sheet PPL1.5 of the landscape plan in Section VII.C). Wood fencing is not qualify as a noise attenuating material; wall materials are required to consist of impervious concrete or stucco or other appropriate attenuating material. Additionally, monotonous walls are not allowed and must have vary in color and/or texture every 300’ and/or the wall should be staggered every 300’ in accord with the standards in UDC 11-3H-4D.3. A revised detail of the proposed noise abatement should be submitted with the final plat application that complies with this standard. P. Subdivision Design & Improvement Standards (UDC 11-6C-3) Alleys (UDC 11-6C-3B.5): Alleys are required to comply with the standards listed in UDC 11- 6C-3B.5. Parking is not allowed within alleys; “No Parking – Fire Lane” signs should be installed accordingly within the development. The parallel parking spaces off the alleys are allowed. Alleys are required to be designed so that the entire length is visible from a public street; none of the proposed alleys are visible from public streets as private streets are proposed within the development. Deviation from this standard is requested with the PUD to allow the alleys as Meridian City Council Meeting Agenda September 10, 2019 – Page 33 of 60 Page 11 proposed. Staff is of the opinion the proposed overall design of the development includes innovative design features based on New Urbanism such as a walkable secure/gated neighborhood, neo-traditional design, pedestrian connectivity to the future commercial development to the east and a variety of housing types and sizes and therefore, provides an equal means of meeting the intent and purpose of the aforementioned standard. Therefore, the Director approves the requests for Alternative Compliance. Common Driveways (UDC 11-6C-3D): One common driveway is proposed on Lot 5, Block 1 providing access to Lots 6 and 7, Block 1. Common driveways are required to comply with the standards listed in UDC 11-6C-3 as follows: The driveways for Lots 4 and 8 are required to be located 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 landscape buffer; an exhibit should be submitted with the final plat application depicting the setbacks, fencing, building envelope and orientation of the lots and structures accessed by the common driveway; lots abutting the common driveway that aren’t taking access from the driveway should also be depicted with driveways on the opposite side of the lot from the common driveway; a perpetual ingress/egress easement 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. Alternative Compliance is requested to 11-3F-4A.6, which doesn’t allow common driveways off of a private street (see analysis above under V.G). Block face: In residential districts, the UDC (11-6C-3F) limits block faces to 750’ in length without an intersecting street or alley; except where a pedestrian connection is provided in which case the maximum block face may be extended up to 1,000’ in length, or with Council approval where block design is constrained by certain site conditions as detailed in UDC 11-6C-3F.3 which include when the property abuts an arterial street or highway as is the case in this instance. The face of Block 1 on the north side of W. Silver River Ln. (Lots 9-29) exceeds the maximum block length of 750’ at approximately 1,000’ and a pedestrian connection is not provided which would allow the block length to extend to 1,000’. The City Council may approve a block face up to 1,200’ in length where block design is constrained by site conditions that include an abutting arterial street or highway such as this; Council approval is required – otherwise the plat must be reconfigured to comply with this standard. Q. Waterways (UDC 11-3A-6): There are no waterways that exist on or cross this site. R. Fencing (UDC 11-3A-7): All proposed fencing is required to comply with the standards listed in UDC 11-3A-7. Six-foot tall wood fencing is proposed around the perimeter of the development with 5-foot tall clear vision metal fencing along interior common areas. Note: Wood fencing is not allowed along the northern boundary as a sound attenuating material for noise abatement adjacent to the state highway as mentioned above. S. Utilities (UDC 11-3A-21): All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Meridian City Council Meeting Agenda September 10, 2019 – Page 34 of 60 Page 12 T. Pressurized Irrigation System (UDC 11-3A-15) An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by the Homeowner’s Association. U. 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. V. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations are proposed as shown in Section VII.F for the single-family alley-loaded and patio home units. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. An administrative design review application must be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. W. Planned Unit Developments (UDC 11-7-4E) In approving the planned development, the Council may prescribe appropriate conditions, additional conditions, bonds, and safeguards in conformity with this title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the exact location and nature of the use and the property development. 6. Require the provision for on-site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, which provides services within the city. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) VI. DECISION A. Staff/Director: Staff recommends approval of the subject applications with the conditions in Section VII in accord with the Findings in Section XI. The Director has approved the requests for private streets and alternative compliance. B. The Meridian Planning & Zoning Commission heard these items on August 15, 2019. At the public hearing, the Commission moved to recommend approval of the subject PP and PUD requests. 1. Summary of Commission public hearing: a. In favor: Mike Wardle, Brighton Corp.; Jon Wardle, Brighton Corp. b. In opposition: None c. Commenting: None d. Written testimony: Mike Wardle, Brighton Corp. Meridian City Council Meeting Agenda September 10, 2019 – Page 35 of 60 Page 13 e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. The Applicant requests a modification to condition #A.3f in Section VIII to allow the Developer to submit for alternative compliance to the noise abatement requirements consistent with UDC 11-3H-4D.4; and b. The Applicant requests condition #A.13 in Section VIII is deleted that pertains to the block face exceeding UDC standards as an intersecting alley qualifies as a break in the block face. 3. Key issue(s) of discussion by Commission: a. The sound attenuation wall required along SH-20/26 and the Applicant’s request to allow Alternative Compliance as a means of compliance; b. The type and size of buffer proposed between the residential development and the future commercial development (i.e. Costco) to the east; c. The width of the proposed alleys; and, d. The location of the pathway connection to the east. 4. Commission change(s) to Staff recommendation: a. Modification to condition #A.3f in Section VIII as requested by the Applicant; b. Delete condition #A.13 in Section VIII as requested by the Applicant; and, c. Modification to condition #A.3a in Section VIII to require the Applicant to work with Staff to situate the pedestrian connection to the east in a location that makes the most sense. 5. Outstanding issue(s) for City Council: a. None Meridian City Council Meeting Agenda September 10, 2019 – Page 36 of 60 Page 14 VII. EXHIBITS A. Existing & Proposed Conceptual Development Plan for Development Agreement Existing (included in DA #2018-047368): Meridian City Council Meeting Agenda September 10, 2019 – Page 37 of 60 Page 15 Proposed: Meridian City Council Meeting Agenda September 10, 2019 – Page 38 of 60 Page 16 B. Preliminary Plat & Phasing Plan (date: 6/6/2019) Meridian City Council Meeting Agenda September 10, 2019 – Page 39 of 60 Page 17 Meridian City Council Meeting Agenda September 10, 2019 – Page 40 of 60 Page 18 C. Landscape Plan (date: 6/6/2019) Meridian City Council Meeting Agenda September 10, 2019 – Page 41 of 60 Page 19 Meridian City Council Meeting Agenda September 10, 2019 – Page 42 of 60 Page 20 Meridian City Council Meeting Agenda September 10, 2019 – Page 43 of 60 Page 21 D. Qualified Open Space & Site Amenity Exhibits (date: 6/6/2019) Meridian City Council Meeting Agenda September 10, 2019 – Page 44 of 60 Page 22 Meridian City Council Meeting Agenda September 10, 2019 – Page 45 of 60 Page 23 Meridian City Council Meeting Agenda September 10, 2019 – Page 46 of 60 Page 24 E. PUD Site Plan (Units & Setbacks) & Site Amenity Plan Meridian City Council Meeting Agenda September 10, 2019 – Page 47 of 60 Page 25 Meridian City Council Meeting Agenda September 10, 2019 – Page 48 of 60 Page 26 F. Building Elevations Meridian City Council Meeting Agenda September 10, 2019 – Page 49 of 60 Page 27 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Within six (6) months of Council’s approval of the findings for the amended development agreement and prior to submittal of a final plat application, the developer shall sign and obtain Council approval of the amended development agreement that includes an updated development plan as shown in Section VII.A and includes the following revision to condition #5.1.5: a. Prior to issuance of any building permits other than for the community center on the subject property, the property shall be subdivided. A building permit is allowed to be issued for the community center prior to recordation of the final plat. Prior to submittal of a building permit application, a Certificate of Zoning Compliance and Design Review application is required to be submitted and approved by the Planning Division. 2. The preliminary plat included in Section VII.B, dated 6/6/19 shall be revised as follows: a. Depict one (1) additional pathway for unrestricted access to pedestrians and bicycles within the proposed development in accord with UDC 11-3F-4A.4c in the vicinity of Lot 67, Block 1. b. Depict 14 additional parking spaces for guests on Lots 112 and 154 in addition to those proposed at the community center on Lot 133; the spaces shall be distributed between the two lots. c. Depict zero lot lines on those lots that have shared walls. 3. The landscape plan included in Section VII.C, dated 6/6/19 shall be revised as follows: a. The pathway on Lot 2 between Lots 31 and 32, Block 1 shall be shifted further to the south in the vicinity of Lot 41, Block 1 in alignment with the sidewalk on the north side of the future Costco building to the east; or, the Applicant shall coordinate with the developers of the Costco site to provide a safe pedestrian connection elsewhere between the two developments that avoids pedestrian/vehicular conflicts. The Applicant should work with Staff on the location of the pathway that makes the most sense. b. Depict one (1) additional pathway for unrestricted access to pedestrians and bicycles within the proposed development in accord with UDC 11-3F-4A.4c in the vicinity of Lot 67, Block 1. c. Depict landscaping adjacent to pathways in accord with the standards listed in UDC 11- 3B-12C. d. Depict the location of the gates across the private street entries to the development; the gates shall be located a minimum of 50 feet back from the ultimate edge of right-of-way to the connecting public street to allow sufficient stacking distance as set forth in UDC 11-3F-4A.4. e. Depict 14 additional parking spaces for guests on Lots 112 and 154 in addition to those proposed at the community center on Lot 133; the spaces should be distributed between the two lots. Meridian City Council Meeting Agenda September 10, 2019 – Page 50 of 60 Page 28 f. The detail (#3) for the noise abatement buffer for residential uses adjacent to SH- 20/26/Chinden Blvd. shown on Sheet PPL1.5 shall be revised to comply with the standards listed in UDC 11-3H-4D.3. Wood fencing doesn’t qualify as a sound attenuating material. The Director may approve alternative compliance as set forth in 11- 5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as set forth in UDC 11-3H-4D.4. 4. Private streets within the development are required to comply with the design and construction standards listed in UDC 11-3F-4. Exception: Alternative Compliance was approved to UDC 11-3F-4A.6 to allow the common driveway off of the private street; to UDC 11-3F-4A.4b to allow the development to exceed 50 dwelling units in a gated development; and to UDC 11-3F-4B.2b, d to allow 29-foot wide private streets with parking one side of the street. 5. Parking is only allowed on one side of the internal private streets; the opposite sides shall be signed “No Parking – Fire Lane.” Parking should be provided on the sides in front of the alley accessed units rather than in front of the patio homes with front accessed garages. 6. No parking is allowed in alleys or within street sections where medians are proposed; install “No Parking – Fire Lane” signage accordingly. The parallel parking spaces off the alleys are allowed. 7. Off-street parking shall be provided for this site as set forth in UDC 11-3C-6 except that Alternative Compliance was approved to UDC Table 11-3C-6 not requiring outside parking pads to be provided for single-family residential units. 8. An exhibit shall be submitted with the final plat application for the lots accessed by the common driveway that depicts the setbacks, fencing, building envelope and orientation of the lots and structures in accord with UDC 11-6C-3D. 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. 9. Provide address signage at the street for homes on Lots 6 and 7, Block 1 accessed by the common driveway for emergency wayfinding purposes. 10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 11. Alleys are required to be constructed in accord with the standards listed in UDC 11-6C-3B.5. Exception: Alternative Compliance was approved which allowed the alleys to be designed so that the entire length is not visible from a public street since private streets are proposed within the development. 12. Provide a minimum of 80 square feet of private open space for each residential unit as required by UDC 11-7-4B in addition to the common open space & site amenity requirements in UDC 11-3G-3. This can be satisfied through porches, patios, decks and enclosed yards; landscaping, entryway and other accessways do not count toward this requirement. 13. The face of Block 1 on the north side of W. Silver River Ln. (Lots 9-29) exceeds the maximum block length of 750’ required by UDC 11-6C-3F; Council approval is needed to exceed the block face standard. Otherwise the plat shall be reconfigured to comply with this standard. Meridian City Council Meeting Agenda September 10, 2019 – Page 51 of 60 Page 29 14. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. An administrative design review application shall be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. B. PUBLIC WORKS Site Specific Conditions: 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 streetlight future installation agreement shall be executed for the required lights on Chinden Blvd. General Conditions: 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. Meridian City Council Meeting Agenda September 10, 2019 – Page 52 of 60 Page 30 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC 11-12-3H. 18. 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. 19. 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. 20. 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. Meridian City Council Meeting Agenda September 10, 2019 – Page 53 of 60 Page 31 21. 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. 22. 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. 23. 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. 24. 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=174247 D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/174818/Page1.aspx E. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=174313 F. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/174583/Page1.aspx G. NAMPA-MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/174695/Page1.aspx H. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/175610/Page1.aspx Meridian City Council Meeting Agenda September 10, 2019 – Page 54 of 60 Page 32 IX. FINDINGS A. PRELIMINARY PLAT (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the Medium Density Residential FLUM designation contained in the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services are available and will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Based on comments provided in Exhibit B from the public service providers (i.e., Police, Fire, ACHD, etc.), the Commission finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) 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. ACHD and ITD consider road safety issues in their analyses. 6. The development preserves significant natural, scenic or historic features. The Commission is not aware of any significant natural, scenic or historic features on this site that need to be preserved. B. PLANNED UNIT DEVELOPMENT (UDC 11-7-5): 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 planned development request, the Council shall make the following findings: 1. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design. The Commission finds the proposed PUD demonstrates a high quality of development and site design with amenities that provides unique housing options for those 55 and older in the community. Meridian City Council Meeting Agenda September 10, 2019 – Page 55 of 60 Page 33 2. The planned unit development preserves the significant natural, scenic and/or historic features. The Commission is unaware of any significant natural, scenic and/or historic features that may exist on this site. 3. The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity. The Commission finds the proposed use and development of this property will not cause damage, hazard or nuisance to persons or property in the vicinity. 4. The internal street, bike and pedestrian circulation system is designed for the efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place an undue burden upon existing transportation and other public services in the surrounding area. The Commission finds the internal private streets should provide for safe internal access to homes within the development and proposed pedestrian pathway will provide a safe bicycle and pedestrian route to the adjacent commercial development. 5. Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. The Commission finds the proposed subdivision amenities (i.e. swimming pool, community center and outdoor activity area) are accessible to residents within the development via internal sidewalks. 6. The proposal complies with the density and use standards requirements in accord with chapter 2, "District Regulations", of this title. The Commission finds the proposed single-family residential use of the development is a principal permitted use in the R-15 zoning district and falls within the density desired in this area. 7. The amenities provided are appropriate in number and scale to the proposed development. The Commission finds the proposed amenities are appropriate for this development and provide a variety of entertainment for residents. 8. The planned unit development is in conformance with the comprehensive plan. The Commission finds the proposed PUD is in general conformance with the Comprehensive Plan. C. PRIVATE STREET (UDC 11-3F-4) In order to approve the application, the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The design of the proposed private streets complies with the standards listed in UDC 11-3F- 4A except as approved through alternative compliance. See analysis in Section V for more information. Meridian City Council Meeting Agenda September 10, 2019 – Page 56 of 60 Page 34 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and Staff does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons, property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. 4. The proposed residential development (if applicable) is a mew or gated development. The proposed gated residential development includes mews. D. ALTERNATIVE COMPLIANCE (UDC 11-3A-19.2A) In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR While it’s feasible for the applicant to comply with UDC standards pertaining to off-street parking and private streets, the Director finds the proposed development offers a unique design as proposed with the planned unit development. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the planned unit development proposed by the applicant as a whole provides an equal or superior means for meeting the requirements in that it contributes to the unique character and diversity in housing types available within the City. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use/character of the surrounding properties and will actually contribute to the character and variety of housing types in this area of the City. Meridian City Council Meeting Agenda September 10, 2019 – Page 57 of 60 1 BAINBRIDGE NORTH -2019 2 2018 DA CONCEPT 3 4 Condition 3.a Move Pathway (“or”) Conditions 2.a & 3.b Add Pathway Conditions 2.b & 3.e Add Guest Parking Conditions 2.b & 3.e Add Guest Parking 5 APPLICANT CONCURRENCE WITH “NEW” REQUIREMENTS 6 7 CADENCE (Paramount) 8 CADENCE (cont’d.) 9 QUESTIONS? CE IDIAtNI n-- �J CITY COUNCIL REGULAR MEETING AGENDA September 10, 2019 Agenda Item Number: 8 A Item Title: Ordinance No. 19-1851 Amending City Meridian Code Section 13-2-9(B) Meeting Notes: 9 CS IDIANIZ,? -- CITY COUNCIL REGULAR MEETING AGENDA September 10, 2019 Agenda Item Number: % - C, Item Title: Public Hearing for Citywide Fee Schedule Meeting Notes: �On I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Bill Nary Estimated Time f or P resentation: 1 minute Title of I tem - Ordinance No. 19-1851: Amending M eridian C ity Code S ection 13-2-9(B ), Regarding Ejectment F rom C ity P arks; Adopting a Savings Clause; and P roviding an Effective D ate. C ouncil Notes: Ordinance making Park ejectment code penalty an inf raction (currently a misdemeanor). T his will bring the ejectment code into alignment with the other parks trespass codes, give officers flexibility in citing violators as needed, and more appropriately disincentivize noncompliance. AT TAC HM E NT S: Description Type Upload D ate P ark E jectment Ordinance Update Cover Memo 9/4/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 9/5/2019 - 10:16 A M L egal.J ohnson, Chris Approved 9/6/2019 - 9:07 A M Meridian City Council Meeting Agenda September 10, 2019 – Page 58 of 60 CITY OF MERIDIAN ORDINANCE NO. 19-1851 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 13-2-9(B), REGARDING EJECTMENT FROM CITY PARKS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is currently a misdemeanor for any person ejected from the park to fail to leave, or to return to the park on the same calendar day of his ejectment, and it is the recommendation of the Meridian Parks & Recreation Department and the Meridian Police Department that such violation be charged as an infraction instead; and WHEREAS, the Mayor and City Council find that it is in the best interest of the public to implement such recommendations; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 13-2-9(B) is hereby amended to read as follows: B. Ejectment: A police officer, the Director or a duly authorized City of Meridian representative, shall have the authority to eject from the p ly a City Park, as defined in this chapter, any person acting in violation of this chapter. Any person ejected from the p a Ci1y Park shall leave promptly and peaceably and shall not return to the pthe City Park for any reason on the same calendar day of his ejectment. It shall be unlawful for any person ejected from the park to fail to leave promptly and peaceably, or to return to the p the Cily Park on the same calendar day of his ejectment. A violation of this provision shall be an infraction, punishable by penally of fifty dollars ($50.00) Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this I lT day of September, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this IU- • day of September, 2019. APPROVED: Tammy de rd, Mayor ATTEST: 0 Wily of W IZIDIAN-- SEAL `eTaF^' ORDINANCE UPDATING PARK EJECTMENT CODE PAGE 1 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1851 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 the following summary of Ordinance No. 19- 1851 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 104" day of �j,m , 2019. ). I- --- A I William L.M. Nary, City Attorn NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1851 An ordinance amending Meridian City Code section 13-2-9(B), regarding ejectment from city parks; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. of re or and By: Chris J, Council )n, City Clerk First Reading: �-lo '/ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading- A Third Reading: JQ ORDINANCE UPDATING PARK EJECTMENT CODE PAGE 2 CjQ�rEDAH IDIAN+_- CITY COUNCIL REGULAR MEETING AGENDA September 10, 2019 Agenda Item Number: 9 Item Title: Future Meeting Topics Meeting Notes: