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2019-10-01 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, O ctober 1, 2019 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener left @8:00pm X Mayor Tammy de Weerd 2. P ledge of Allegiance 2a. Invocation by Justin Jordan of Real Life Ministries 3. Adoption of Agenda 4. Announcements 5. P roclamation A. F ir e P revention M onth B. C yber S ecurity M onth 6. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Si gni ng up pri or to the start of the meeti ng is required. This time i s reserved for the public to address their el ected officials regarding matters of general i nterest or concern of public matters and is not specific to an active land use/development applicati on. By law, no decisions can be made on topics presented under this public comment secti on, other than the City Council may request that the topic be added to a future meeti ng agenda for a more detailed di scussi on or action. The Mayor may also direct staff to further assist you in resolvi ng the matter following the meeti ng. 7. D epar tment / Commission Repor ts A. M ayor's Youth Advisory C ouncil Update 8. Action I tems Public Heari ngs for Land Use Applications follow this process: Once the Public Heari ng is opened, City staff will present their report. Following the report, the applicant is allowed up to 15 mi nutes to present thei r application. Members of the public are allowed up to 3 mi nutes each to address council regarding the application. If a person is representing a l arge group such as a Homeowner's Associ ation, i ndicated by a show of hands, they may be allowed up to 10 mi nutes. Following all public testimony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public heari ng is cl osed, no additi onal testimony will be received. The City Council may move to conti nue the item for additi onal i nformation or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public heari ng items, unl ess to break a tie vote. A. F inal P lat for C herry Blossom (H-2019-0064) by D oug J ayo, J ayo L and D evelopment C ompany, LLC, located at 615 W. C herry L n. - Approved B. P ublic Hearing for Ader a (H-2019-0092) by C had O lsen, L ocated at 1680 W. Ustick Rd. - Approved 1. R eque s t: Modif ication to Development Agreement to replace the existing D evelopment A greement (I nst. #110031366, JJA L and) to include a new conceptual development plan for a mix of uses consisting of multi-family residential, a self -service storage facility, office and retail uses. 9. F uture M eeting Topics Meeting Adjourned at 8:19 pm jQ�E IDIIZDA 0 AN,?-- CITY COUNCIL REGULAR MEETING AGENDA October 1, 2019 Agenda Item Number: 5 A Item Title: Proclamation - Fire Prevention Month Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Estimated Time f or P resentation: 3 minutes Title of I tem - F ire Prevention M onth F ire P revention Month Proclamation f or 2019 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 8/28/2019 P roclamation P resentation 8/28/2019 RE V I E WE RS : Department Reviewer Action D ate F ire J ohnson, Chris Approved 8/29/2019 - 12:04 P M F ire Gerhart, J udy Approved 9/4/2019 - 5:25 P M Meridian City Council Meeting Agenda October 1, 2019 – Page 3 of 39 Meridian City Council October 1, 2019. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 1, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Also Present: Chris Jonson, Bill Nary, Caleb Hood, Kyle Radek, Mark Ford, Mark Niemeyer and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this City Council meeting to order. For the record it is Tuesday, October 1st. October 1st. It's the beginning of fall. For me anyway. October. It's 6:00 o'clock. 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 2a: Invocation by Justin Jordan of Real Life Ministries De Weerd: Our next item is the invocation. Tonight we will be led by Pastor Justin Jordan with Real Life Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Jordan: Thanks for having me. Let's pray. Heavenly Father, we come before you and want to say first thank you for the City Council, for their leadership, their dedication to the city. Thank you for the time that they commit, the long hours and the hard decisions that they have to make. Pray, Lord, you give them wisdom and direction as they make decisions on what's best for our city. We pray you give them unity amongst themselves relationally. We pray, Lord, you continue to grow them in humility and service as they continue to lead and serve our community. We pray for the City of Meridian. As you continue to bless us and provide an amazing city for us to live in , God, we pray that you would continue to have your hand upon us and we thank you for Jesus, for showing us what it looks like to lead and serve. We pray this all in your son's name. Amen. Meridian City Council Meeting Agenda October 8, 2019 – Page 73 of 253 Meridian City Council October 1, 2019 Page 2 of 42 Item 3: Adoption of Agenda De Weerd: Thank you. Next item is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There are no changes, so I move we adopt the agenda as published. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 4: Announcements De Weerd: Item 4 under announcements. We just have a couple . Main Street Market. Last Saturday is this week -- weekend. Concerts on Broadway also last performance of the summer -- or of the season, Saturday from 2:30 to 5:00 o'clock in City Hall Plaza. Kevin Kirk and Onomatopoeia is the band that is playing. They will be doing a special performance as well, so, please, join them. This will be a really nice Saturday afternoon. Any other announcements under this item? Item 5: Proclamation A. Fire Prevention Month De Weerd: Okay. Item 5 I have a couple of proclamations. I will go down to the podium and ask our fire chief to join me and -- oh. And, look, we have a special guest. Wish I had that energy. Sparky, thanks for joining us. Always nice to have special guests at our City Council meeting. Well, we are here to celebrate a month of activities from the Fire Department and next -- next week we will have the Police Department as they celebrate the other half of our public safety services. So, whereas the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city and whereas fire is a serious public safety concern, both nationally and locally, and being the location where people are at greatest risk from fire -- risk from fire and whereas Meridian's first responders are dedicated to reduce the occurrence of home fires and related injuries through prevention education and whereas Meridian's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire and whereas the 2019 Fire Prevention Month theme: Not every hero wears a cape. Plan and practice your escape. Effectively serves to remind us all of the simple actions we can take to stay safe from fire and, therefore, I, Mayor Tammy de Weerd, do here hereby proclaim the month of October 2019 as Fire Prevention Month in the City of Meridian and Meridian City Council Meeting Agenda October 8, 2019 – Page 74 of 253 Meridian City Council October 1, 2019 Page 3 of 42 call upon the community to heed the important safety message of using all our senses to protect our citizens from fire and I am certainly honored to turn this proclamation over to Pam Orr, our prevention manager, that does amazing things in our community to work to prevent and keep our community safe. Pam. Orr: Thank you, Mayor Tammy. And I don't want to cry, but this is like our last proclamation together and I just want to say thank you. Thank you. I have been a member of the fire service for 35 years over that and have had an opportunity to do many many proclamations, but I have never had a leader who has supported fire prevention like you have and so I want to thank you for that. The same with the Council Members, you have just been amazing, and it has allowed us to be able to do our job in a way with just great compassion and passion and -- and thank you. Thank you for that. This year we are celebrating another year of Fire Prevention Month and we will be going out into the schools, we will have an open house with the Police Department on the 19th of October. What we are doing this year is instilling into families that they can be their own hero, because not every hero wears a cape. If they plan and they practice a home escape plan they can better their chances of being able to get out in case they have a fire. If they test and -- and -- test and clean and change the batteries in their smoke alarms they will have a better chance of ensuring their safety should they have a fire. Folks, fire -- it doesn't discriminate. It happens to everyone no matter what your social economic place is or it just doesn't discriminate. So, every single one of us sitting in this room may experience fire some time in our life or may know somebody who experiences a fire. The one thing that we can do is ensure that we are prepared should that emergency happen to us and ensure that we do not lose life and so that's always been our theme and that's always been our passion and something that we really want to drive home to the City of Meridian and I just thank you again for giving us the opportunity to do that. Thank you. Niemeyer: So, Madam Mayor, Members of Council, if you will indulge me for just one more second. Sparky has been our Meridian Fire Department mascot for a very long time and like all of us he got a little bit older, a bit creaky in the bones, got a little bit dirty in his coat. Well, we cleaned him up, washed him and revive Sparky. So, we have reborn Sparky. So, on our Facebook page -- please go to it and I'm going to call out a couple city councilmen on this one. Councilman Borton. Councilman Bernt. Council Woman Milam. There was a little dance challenge going on not too long. Here is the challenge. You got to watch the video on our Facebook page. We challenge you to outdo Sparky , because Sparky's got some moves that will make all of you aware he is now youthful again. Or she. We don't know. So, we challenge you -- please follow us this month. Pam and her staff do a great job. We are going to be doing a lot of stuff in the community. Thank you. De Weerd: Okay. Our Council is being called out. Has the challenge been accepted? Okay. Well, life will get more interesting with that challenge, uh? B. Cyber Security Month Meridian City Council Meeting Agenda October 8, 2019 – Page 75 of 253 Meridian City Council October 1, 2019 Page 4 of 42 De Weerd: Okay. Item 5-B is Cyber Security Month proclamation and I will ask our -- our CIO to come on up and join me up here. Pam Orr is very passionate about prevention programs, because she knows how it works and that it does work and it prevents great cost to our citizens. Same with this proclamation. Cyber security may seem obscure and maybe a lot of unknowns to it, but it has tremendous cost and I'm -- I'm thrilled to say the City of Meridian takes that risk very serious and Dave Tiede is very passionate about this topic as well, which you will hear in just a few minutes. So, whereas the City of Meridian recognizes it has a vital role in identifying, protecting its citizens from and responding to cyber security threats that may have significant impact in our country and whereas cyber security education and awareness is critical and crucial for everyone, including large corporations, small businesses, financial institutions, schools, government agencies and the home user and anyone who connects to the internet and whereas you can protect yourself by monitoring your accounts, being conscientious of what you share online, keeping commute -- computer software up to date, creating unique passwords -- those are always fun -- and changing them regularly. Installing anti-virus programs and firewalls and using mobile -- mobile devices safely and whereas the stop, think, connect campaign serves as a National Cyber Security public awareness campaign , implemented through a coalition working together to increase the public's understanding of cyber threats and empowering Americans to be safe and secure online and whereas maintaining the security of cyberspace is a shared responsibility in which each of us has a critical role to play and awareness of computer security essentials will improve the security of the City of Meridian's information, infrastructure and economy. Therefore, I'm, Mayor Tammy de Weerd, do hereby proclaim the month of October 19 th as Cyber Security Awareness Month in the City of Meridian and call upon the community to join me in recognizing how serious cyber security is and the steps each of us can take to protect ourselves and our community and I have the privilege to give this to our CIO Dave Tiede, but I do want you to know -- and the citizens in the City Council chambers -- our -- our IT Department goes to extraordinary lengths to continue to educate and -- and impress our -- our city citizens and our employees of what this threat is. We have seen other city and county governments that have breached that security platform and has put at risk some of the information that is out there. So, by our IT doing extraordinary things in helping each of us understand the importance has gone a long way. So , I'm going to turn this over to Dave Tiede and -- and first thank you, Dave, for what you and your team does. Tiede: Thank you, Madam Mayor. I just will say a couple words here. National Cyber Security Awareness Month is an effort that happens nationwide and it is an opportunity to create awareness about how we can be more proactive about s taying -- staying safe online. This year's theme is Own It, Security It and Protect It and it's about staying secure online. It's about managing your social media and knowing what your data privacy settings are, knowing what is safe to share and what's not safe to share. It's about managing your mobile devices properly. It's about good practices for passwords . The Mayor mentioned in our proclamation having unique passwords and changing them regularly. That is a key component. And, then, it's also about how to just keep your information secure online and what to share, what not to share. You can go online and learn a lot more. The Department of Homeland Security has more information on their site and the City of Meridian will be posting social media posts throughout the month Meridian City Council Meeting Agenda October 8, 2019 – Page 76 of 253 Meridian City Council October 1, 2019 Page 5 of 42 about tips and tricks that you can do to learn more and be more safe online. So , thank you. De Weerd: And I will tell you that IT has done such a good job that some of our city staff did not open your video during Kindness Day. They thought it might be a ruse to get -- for you guys to get them to open up something they should n't. We have assured them that it was not spam. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Before we move on I just -- I wanted to thank Pam and Dave. You may remember, you know, this Council knows, doing these types of proclamations, this is not part of their job, it's not their job description to do proclamations and the work and time that goes into it. You both do it because you care about , you know, being an active member of our community and really educating the public and I will say at least for Pam's benefit, your presentations have impacted the Cavener's household. When I saw that you were on the agenda, the Cavener family -- we took out all our batteries in our smoke alarms this weekend, in part because there was -- to Pam's point, there was a beautiful home in our neighborhood that caught fire this winter and it has been a topic about fire safety in our household as a result. You hate that it takes something like that to have those types of conversations, but we do in our house and when I saw you on the agenda it was like, okay, Cavener boys, we are going to talk about this. So, keep up the good work. Appreciate you both taking time away from your family to be here tonight to share the proclamation with our community. De Weerd: Yes. Amen. And Sparky was re-energized for sure. That was a lot of energy in that -- that little Sparky -- Bernt: Madam Mayor? De Weerd: -- outfit. Bernt: I think that was -- I think that was a perfect form of intimidation. Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Is that -- well, good. The intent was noticed, then, Pam. Game on. Okay. Let's move on. Mr. Clerk, any sign-ups under Item No. 6? Johnson: Madam Mayor, there were no sign-ups for this item. Item 7: Department / Commission Reports A. Mayor's Youth Advisory Council Update Meridian City Council Meeting Agenda October 8, 2019 – Page 77 of 253 Meridian City Council October 1, 2019 Page 6 of 42 De Weerd: Thank you. Item 7-A is the first report of the school year from the Mayor's Youth Advisory Council. We have Abbey Hutchins here. I think that you have all had the opportunity to meet Abbey, but welcome Abbey. Hutchins: Thank you, Madam Mayor and City Council. My name is Abbey Hutchins and I am the vice-chair for the Mayor's Youth Advisory Council. So, for our first event this year it was the MYAC kickoff, which we held on August 26th, the first day of everyone's high school, and what we did is we introduced MYAC and what we are going to do for the year and we gave our general council three options for subcommittees. We have government affairs, community service, and teen activities committee and we do different activities that I will be sharing throughout the year with you guys on those, but we gave our council an option to choose from the three of those and we got to talk to the parents and explain what our council is going to be doing for the year. And , then, our first event was the Treasure Valley Youth Safety Summit. That was held -- I believe not last Friday, but the Friday before and what we did is -- it was a safety summit, so we went to Wahooz for the day. It was leaders from different high schools and we did different activities, such as we went on go karts with texting and driving to show the repercussions and effects of texting and driving and we also used the Police Department's drunk goggles while we were golfing, so we could show the effects that alcohol has on your mental status. We did a lot of those activities and we had some various presenters. And, then, we did Dutch Bros CPR Day. That was with the American Heart Association and for Dutch Bros CPR Day we went to the various Dutch Bros throughout Meridian and we approached each car and asked them if they would like to learn hands only CPR, because 30 seconds can save a life. We could teach hands only CPR in 30 seconds and so that's how we advertised it and we doubled our number that we got from last year. I believe it was around 400. Don't quote me on that. Okay. Yeah. So, we did that. And, then, our last event was the Farmstead. So, our general council got with our executive council and we all got to bond and learn stuff about each other and get closer for -- and prepared for this next MYAC year. Are there any questions? De Weerd: Council, any question? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Abbey, welcome. Thanks for being here. I don't want to put you on the spot , but would you be able to teach the Council hands only CPR if it only takes 30 seconds? If the Mayor would allow us to indulge? I didn't mean to put you on the spot. Hutchins: Yes. I can -- I go to the medical high school. I know how to do CPR. I can -- I can totally do that. We could also do that the next time, because I don't have a dummy with -- or, sorry, it's not a dummy, it's a mannequin. Sorry. De Weerd: Okay. Meridian City Council Meeting Agenda October 8, 2019 – Page 78 of 253 Meridian City Council October 1, 2019 Page 7 of 42 (Hands only CPR demonstrated.) De Weerd: Good job, Abbey. And just in case you don't see a little resemblance -- Ben, who has given our reports in the past, is Abbey's brother and so there is the connection and also Abbey is our youth commissioner on our Parks Commission. So, Abbey, thank you so much for being here and certainly if you will take back our compliments to MYAC and -- they are off to a fast and aggressive start and we are -- we look forward to future updates. Hutchins: Thank you, Madam Mayor and City Council. I look forward to the future updates as well. De Weerd: Thank you. Cavener: Madam Mayor? Cavener: Mr. Cavener. Cavener: I normally -- Abbey, for next time I normally like to ask how many members are involved, but I got a sneak peek. Jodi came and spoke to the Meridian Kiwanis Club a couple weeks ago and she informed us that the Meridian MYAC is the largest youth council in the nation, which I think is really remarkable. And not only just because of the numbers, but because of their impact in our community and I just think that's -- that's something to be really really proud of. So, keep up the good work. Look forward to seeing you again. Bernt: One last thing. Madam Mayor? De Weerd: Mr. Bernt. Bernt: My -- my daughter is a ninth grader at East Junior High and she wanted to get involved with MYAC in Boise, so I went online and I -- and I Googled MYAC Boise and it didn't even pop up. You know what popped up? Meridian MYAC. Pages and pages and pages and pages of information on Meridian MYAC. It took some digging to find out how I got in touch with Boise MYAC representatives. One click and I was able to find out -- two seconds -- about Meridian MYAC. So, it's a huge testament about this organization and how big it's grown and how many youngsters are involved and how many lives it touches. So, good job. Fantastic. The best. Best -- the best in the Treasure Valley, if not the state -- if not -- De Weerd: The nation. Bernt: -- the nation. Good job. De Weerd: Yeah. I would say nation. Meridian City Council Meeting Agenda October 8, 2019 – Page 79 of 253 Meridian City Council October 1, 2019 Page 8 of 42 Bernt: Well done. De Weerd: I'm kind of biased, though. Thank you, Abbey. And you don't have to stay. Item 8: Action Items A. Final Plat for Cherry Blossom (H-2019-0064) by Doug Jayo, Jayo Land Development Company, LLC, located at 615 W. Cherry Ln. De Weerd: Okay. Item 8-A under Action Items. We have a final plat for H-2019-0064. I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I am presenting a final plat for Cherry Blossom Subdivision. The final plat consists of 44 building lots, 11 common lots and one other lot on 9.1 acres of land. It's located on the south side of Cherry at 615 West Cherry Lane. So, that's just on the west side of Crestmont -- just west of Crestmont Drive. The request is -- again is for a final plat project. This application has been continued multiple times to address some of staff's concerns with some irrigation facilities that run along the south and southwest boundaries of the site . I'm just going to read what Sonya put together for this. To mitigate these concerns and ensure downstream users have access to the irrigation water, staff requested that the applicant provide a cross- section to determine how these facilities affect the buildable lots of the development and the adjacent property owners to the south and southwest, as illustrated in the cross- section portion of the ditch, so, the smaller portion. There is two actually that parallel each other there. Will be piped in accordance with the UDC and will be contained within the ten foot wide public utility drainage easement created with the plat. However, there is a larger facility that parallels the other ditch that is currently open and being used to provide irrigation water to the adjacent property owners to the south. A portion of this ditch does encroach on the applicant's property and is required to be tiled, unless waived by Council per city code. The applicant is requesting a waiver of this requirement and proposing a five foot wide common lot along the southwest portion of the site to preserve a corridor for maintenance of the ditch and to minimize disruption to the adjacent property owner's irrigation systems. That is largely why this item is being on your agenda and not just on the Consent Agenda. The applicant has agreed to the conditions of approval, but it does require Council actions for -- to leave a portion of that irrigation facility open. To minimize public safety concerns, the applicant is proposing to install a six foot tall wrought iron fence along the interior edge of the common lot. If Council approves the waiver, the project has been conditioned to comply with cross -sections as depicted in Exhibit E and this will serve as Council's approval of the waiver. Staff did receive written testimony from Deborah Nicholson, an adjacent property owner, and Jon Breckon, the applicant's representative, who is here in agreement with the staff report as I mentioned. Staff is recommending approval of the subject final plat per the conditions in the staff report, with one additional request or condition. So, to include a note on the plat stating -- and I quote: That Lot 2, Block 2, is subject to a blanket user irrigation easement to benefit the adjacent landowners and, as I mentioned, the applicant's representative Mr. Breckon is here. That is staff's report and I will stand for any questions you may have. Meridian City Council Meeting Agenda October 8, 2019 – Page 80 of 253 Meridian City Council October 1, 2019 Page 9 of 42 De Weerd: Thank you, Caleb. Good job. It sounds like you have been doing this for years. Council, any questions? Okay. Would the applicant's representative -- thank you. Good evening. If you will, please, state your name and address for the record. Breckon: Jon Breckon. Breckon Land Design. 6661 Glenwood Street, Garden City. So, I guess to bring Council up to speed, we -- if you remember back when we came through for a preliminary plat we -- we did a lot of extra work to work with the adjacent property owners, because this is an in-fill project and it has been a field for about 45, 50 years and so during that preliminary plat process we end up having an extra neighborhood meeting, so that we could present options to the neighbors and find out, you know, what the preference was and -- and try to make this work with the -- everybody that lives adjacent to it. One of the things that come up during that process were the irrigation ditches and this property is a little abnormal -- well, for a variety of reasons, but for -- because of the ditches in particular, they are all user ditches and so what that means is that, you know, ordinarily the -- the irrigation district has -- will tell us what is required for easements and piping and that sort of thing and -- but these facilities are all downstream of the head gate and as such they are deemed user ditches and so that means those are the owner's responsibility and that's the situation here and what I'm showing here is -- is, really, the main area of concern or the reason I'm here tonight presenting is because there is, essentially, two ditches existing on that -- on that south property line and they -- one of them is -- follows -- well, it's just to this -- if you go from east to west -- so, starting at the bottom right-hand corner of the screen there is -- there is that ditch and it's -- it lies completely on the -- on the neighbor's property to the south and, then, as you make the bend and -- and follow to the west up towards 7th Street it -- again, it -- it predominantly is on the neighbor's property and one of the things that had come up during preliminary plat and during our neighborhood meetings was that all these folks that live there -- they have been there for quite a long time and they wanted to make sure that that ditch was going to remain as it is, because they all have their own pump stations and they are pulling right out of that ditch and they just -- they want things to remain the way they are and I wanted to show this aerial photo, because it also depicts, you know, everybody's backyard there and, you know, everybody has a fence and existing improvements. One gentleman has piped a portion of that ditch and has access to -- you know, I think he had a gate and could go for walks into the field and that sort of thing. Anyway, there is -- there is a lot of pre-existing conditions there, as well as the power feed, there is a power line with some power poles right along that property line . Of course, this is all on the neighbor's property to the south. So, that's kind of the existing condition there. And, then, on the north of that there is a smaller ditch that has been historically used to irrigate the fields and it also provides some water to the folks on 7th Street and that smaller ditch we are going to pipe, so that we can continue to provide them their water and, then, there is a couple of sections that we put together that kind of shows existing and proposed . It's just a graphic of that -- that same property line there and so the one on the -- on the left- hand side is the folks on the west and you can see where the property line -- existing property line is, it's -- and most of the ditches to the south on their property -- a little bit of it crosses over and then -- so, what you can see here as well -- and, then, there is the 12 inch user gravity irrigation. So, that's the piping of that northerly ditch. And, then, what we are proposing is to provide a five foot common lot, so that that ditch can remain where Meridian City Council Meeting Agenda October 8, 2019 – Page 81 of 253 Meridian City Council October 1, 2019 Page 10 of 42 it is and not be changed and it will also allow access to -- so, that they can maintain in the future and -- and that's where there is that second property line, it's five feet off of the existing property line, that's where the folks' back fence would be, a wrought iron fence. In addition to that, from the fence there is another ten feet, which would be a utility easement for the new pressurized irrigation this gravity pipe and , you know, the -- the usual stuff like cable and whatever standard utilities might need to go through there. The -- the section on the -- on the right hand of the sheet is the folks further to the east and you can see that ditch is entirely on the neighbor's property to the south and there would not be that -- that need for a common lot. So, that one -- I mean that's on their property anyway, so there is really not a whole lot we could do with that portion of it. Anyway, I think that's -- I just wanted to explain that a little bit better, what's -- what's going on there and -- and what's -- what we are asking for. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I thought it was -- in reviewing this I thought it was odd that we would ever have the authority to require in this context to tile a ditch, when it's only part of the project. I don't know how that would -- that the property line bisects the ditch itself, we are being asked to waive that requirement. It seems odd that we couldn't require it in the first place. Breckon: I'm sorry, Councilman Borton, I didn't quite understand your question. Borton: On the -- on the left-hand side -- Breckon: Yes. Borton: -- isn't the property line -- it bisects the ditch? Breckon: Yes. Borton: That's the ditch that we are being asked to waive a requirement to tile? Breckon: Correct. Borton: And it just seemed odd that we could require you to tile it in the first place. Breckon: Well -- Borton: Because it's not your property. Breckon: I felt the same way, but it's -- if you read through the city code it is -- you're supposed to -- I mean, essentially, you're supposed to tile all the ditches, but, you know, Meridian City Council Meeting Agenda October 8, 2019 – Page 82 of 253 Meridian City Council October 1, 2019 Page 11 of 42 this one with -- the way it is on the property line and -- you know, I mean it's just -- it's one of those pre-existing conditions on an in-fill project that, you know, what's the best way to work with this and -- and not, you know, affect the -- the folks to the south and, you know, make this work for everybody. Borton: And Madam Mayor? And, then, so the -- the common lot that's associated with this HOA facilitate some maintenance cooperation of the ditch with the property owners in the south or southwest? Breckon: Correct. That -- that common lot -- essentially, what that ensures is it allows access to the ditch. It also ensures that someone will take care of that five feet, you know, so that it's not just a dead zone. You know, that -- that onus would be on the HOA to -- to maintain that five feet. Yeah. I mean this -- we kind of -- well, as you know this has been kind of going on for a while, so we went back and forth with staff trying to come up with a good solution and had many meetings and -- trying to come up with different -- different options and this was where -- where we landed. Borton: Thanks. De Weerd: Okay. Any other questions? Thank you so much. Breckon: Thank you. Borton: Madam Mayor? Sorry. One question I didn't -- did you have any objection to the additional condition that staff had referenced? Breckon: Oh. No, not at all. Yeah. We are on board with everything else. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I don't imagine anyone has any questions. I move we approve H-2019-0064, waving the requirement to tile the canal where it's proposed to be left open and including an additional condition that includes a note on the plat stating Lot 2, Block 2, is subject to a blanket user irrigation easement to benefit the adjacent landowners. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda October 8, 2019 – Page 83 of 253 Meridian City Council October 1, 2019 Page 12 of 42 Cavener: Jon, appreciate your patience on this. I know it's taken a lot of weeks and a lot of continuances and, hopefully, we didn't jam you up too bad. Appreciate your -- your willingness to work on -- but you knew at the time it was a real challenging in-fill project in a unique part of town and I'm looking forward to seeing this move forward. De Weerd: Anything further? Cavener: No. De Weerd: Okay. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Our next Item 8-B is a public hearing. This starts our public hearing process. We began -- I will just tell you a little bit how that -- that process is for those that are here for the first time. Staff will introduce the application and provid e staff's report as to what their findings are. Then we will ask the applicant if they have any remarks. They have up to 15 minutes to present their application. At that time we will open the public hearing for public comment. Public comment you have three minutes each and there is a timer on the podium on the monitor, so you can see how much time is left over. W hen the three minutes is up I will ask you to summarize. At that point the applicant will come forward and answer any questions that might have come up during the process and have closing remarks. The Council will, then, have an opportunity to ask questions to staff , applicant, or any of those that testified. I will remind you that we do have a public record that is available on our website. Council has had an opportunity to look at all the documents , agency comments, minutes and staff comments and reports on -- to consider as part of their decision. B. Public Hearing for Adera (H-2019-0092) by Chad Olsen, Located at 1680 W. Ustick Rd. 1. Request: Modification to Development Agreement to replace the existing Development Agreement (Inst. #110031366, JJA Land) to include a new conceptual development plan for a mix of uses consisting of multi- family residential, a self-service storage facility, office and retail uses. De Weerd: So, with that I will open the public hearing on Item 7-B, for H-2019-0092, with staff comments. Meridian City Council Meeting Agenda October 8, 2019 – Page 84 of 253 Meridian City Council October 1, 2019 Page 13 of 42 Hood: Thank you, Madam Mayor, Members of the Council. This is for the Adera project. It is a development agreement modification. It 's proposed on 4.61 acres of land zoned C-C, Community Business District. It's located on the northwest corner of Linder and Ustick. So, right on the corner there of Linder and Ustick. The property was annexed in 2009 with a requirement for a development agreement. The existing development agreement approved back in 2009 does not include specific details for how the site was to be developed in the future and requires those details to be provided when the property is subdivided. The applicant now proposes, again, to modify that development agreement to replace most of the original provisions that control the sequence of development consistent with the proposed concept plan, which you see before you on the screen. So, you got the concept plan on the left and, then, the landscape plan on the right. On those plans is a mix of -- a mix of uses consisting of self storage facilities, office, retail and a small portion for multi-family up in the northwest corner with -- with eight units on that multi-family future lot. The multi-family residential development and storage facility do require conditional use permit approval. The retail and office uses are principally permitted in the existing C-C zoning district. I will also note that the applicant has submitted the CUP for the self storage facility, which is scheduled for the October 24th Planning and Zoning Commission hearing. Conceptual building elevations were also submitted to demonstrate the quality of design and to ensure a cohesive design theme in the future buildings in the development. I want to go back to the site plan. Access to the development is proposed via a shared driveway -- full access driveway from North Linder Road and a secondary emergency access to West Ustick and here is your secondary access. The main entrance into the site off of Linder. The concept plan also depicts the extension of an existing public street stub in the northwest corner of Crosswind Street. They are proposing some pedestrian connections from the adjacent sidewalks , but no vehicular connection aside from the ones that I point ed out and emergency access only. There is a central gathering space and -- and, again, pedestrian connections to integrate the development. With development of the site staff recommends development agreement provisions that require the inclusion of a central open space and seating area and that the -- and that the applicant submit a preliminary plat application concurrently with the CUP for the multi-family residential development to facilitate the dedication and construction of West Crosswind Street. The only way by our code to dedicate and construct this public street is via plat, because it is a new roadway construction or to, essentially, create two lots, because you would have one on this side and one on that side. So, to do that you do at least a two lot subdivision. And there were 20 -- at the time of printing -- last time staff checked anyways, there were 27 letters of public testimony that have been received on this project. As the Mayor pointed out in her opening statements, those are all included in the public record for this project. Staff is recommending approval of the project per the staff report written. I will just want to clarify a little bit. In the staff report it mentions a couple of times a new development agreement. The verbal testimony that I just gave we are going to modify the existing development agreement and, essentially, take -- take some of those guts out and put some of the provisions that you have in the staff report in -- in the existing development agreement modifying that, rather than establishing a new one. So, with that, Madam Mayor, I would stand for any questions. Meridian City Council Meeting Agenda October 8, 2019 – Page 85 of 253 Meridian City Council October 1, 2019 Page 14 of 42 De Weerd: Thank you, Caleb. Council, any questions at this time? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple questions for you, Caleb. What -- what's the benefit of modifying as opposed to just doing a new one? Hood: In this case -- Madam Mayor, Councilman Cavener, there is not a rezone proposed or an annexation, that's really -- in state code the ability that we have to enter into a development agreement. So, we are using the existing development agreement and modify that. That's the right vehicle when you have a -- again, a rezoning, an up zone proposed or annexation, that's really when it would trigger a new development agreement. Cavener: Madam Mayor, an additional question. De Weerd: Uh-huh. Cavener: Caleb, if the -- if P&Z approves the CUP on the 24th when would, then, that be before us? Hood: Madam Mayor, Councilman Cavener, that wouldn't. The subdivision, though, would come back before you, which, again, we are recommending that they submit a concurrent -- essentially follow that up with a subdivision, so you would see a subdivision sometime in the future. That hasn't been submitted, so I can't give you a date, but you would see the subdivision at some point in time. Cavener: Thank you. Appreciate it. De Weerd: Okay. Any further questions? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Olsen: Sure. Chad Olsen and my address is 6142 North Queensberry Place, Boise, Idaho. De Weerd: Thank you. Olsen: So, this is the property located at 1680 West Ustick Road. As mentioned by Caleb, this was brought into the city as a community commercial zoning designation. The uses that we are trying to modify the agreement are allowed in this zoning district , either with a conditional use as mentioned or they are already p ermitted, but it goes way beyond just being allowed through zoning to do what we want to do. One year ago this was submitted before the Council as a 96 unit, three story apartment building. There was a lot of opposition and we listened to what the community had to say and the Council and the word -- the word that kept coming up was impact. It was a tremendous amount of Meridian City Council Meeting Agenda October 8, 2019 – Page 86 of 253 Meridian City Council October 1, 2019 Page 15 of 42 impact. And so back at the drawing board, we redesigned a project that would minimize impact. So, here we are again and this time we have a lot less opposition , but in trying to be responsible I personally went on the public record, I read all 28 of the letters that -- 27. One was put in twice. I read all of them and I thought I want to get to the guts of this and try to figure out what's -- what's the problem, why are we having so much opposition when we come to this corner of Ustick and Linder Road. We tried other things, they don't work and -- and, you know, what can we do to -- to be a good neighbor to our community. These -- some of these letters -- and what I did is I just went and tallied instances of things that came up, a pattern that -- that would maybe emerge I thought. Twelve instances about traffic concerns. Ten instances over the crowding of schools. Twelve instances regarding building more apartments. Eight instances over three story apartments. Three instances over a modern style look. Fourteen incidences regarding building more storage units. Five instances about green space and the loss of green space. Six people wrote letters that were actually in error about the zoning. As I mentioned it's approved for this type of use and two people wanted a park or us to build the village. Some of these citizens expressed several concerns that showed up twice, like I mentioned, and if I were to describe a word that when I got done after reading all of these concerns my word was impact. The entire project just has impact. I rode here tonight at 5:30. I tried not to speed. The traffic is tough. We all live in a city that's growing. It's a lot of impact to our city, so -- and, then, what we are really discussing here now is what is the least amount of impact that we can make. We listened to our community and when we overhauled the entire project these are some of the types of impact that we were able to identify. Physical impact, such as heavy traffic counts, schools being overcrowded, more population, visual impact, unsightly storage units, lack of green space. So, then, our objective was simple. How do we mitigate these types of impacts? Storage units calculate only second to a cell tower in trips per day, according to the Institute of Transportation Engineers Trip Generation Manual, 10th Edition. That was gained from ACHD. Would you rather have a person returning to their home one to three times a day or one to three times a year at a storage unit? Retail and office have much higher trips per day generated than do storage units. ACHD scrutinized the physical impact on traffic in regards to ingress and egress of this particular site. Even changing our entry point, which, in turn, caused another redesign. That means 17 redesigns since we started from the original one. The 18th would be the -- or the first one would be the storage unit. Eighteen in total. Classroom seats are being preserved by this application . The visual impact. We had a neighborhood meeting. Nobody showed up. I understand that some of the -- or some of the public testimony was from neighboring subdivisions outside of the radius in which we are required to notify. This was painstakingly designed to disguise a storage unit. This looks like a little retail spot and it, in fact, does have retail and office in it. When I show the renderings to people -- Caleb, could you throw those renderings back up. Because we are looking at a bird's eye view and we are looking down, if you're looking straight at that I have had several people -- Sonya, what part is the storage unit? The whole thing. It's behind all those quasi-looking offices. A great deal of cost goes into creating false storefronts to hide the storage unit. Other than seeing the storage unit design -- or sign, you shouldn't be able to tell it's, in fact, a storage unit. The code with regards to green space on Ustick and Linder Roads were followed strictly. We are not asking for any exceptions on that. Anything outside of the code requirements almost one acre of our Meridian City Council Meeting Agenda October 8, 2019 – Page 87 of 253 Meridian City Council October 1, 2019 Page 16 of 42 site -- it's only 4.61. Between setbacks and buffers are green space. We would be irresponsible to not include some housing in a city that desperately needs some housing. This isn't 96 apartments. This is eight. My conclusion is the only purpose of this plan was to mitigate impact. We came to our neighborhood. We came to our committee -- or our community and said, okay, let's reduce the traffic, let's reduce the overcrowding of schools, let's reduce the visual impact of looking at another storage unit. We get it . We understand. The ratio of retail office to housing to storage was formulated with the -- with the impact in mind. Other uses. Okay. Let's come back in, we will rezone it to residential. Okay. It's more traffic and more schools being overcrowded. Let's do more retail. It's more traffic. This is the best option. This is really the only option for that corner. I'm not sure as a developer what more that we can do in trying to be friendly neighbors with our community and I'm here to answer any questions that you might have. De Weerd: Council, any questions? Okay. It doesn't look like it at this point. Thank you. So, we will now take public testimony that are on the sign -up sheet. So, Mr. Clerk, can you read those that wanted to testify. Johnson: Yes, Madam Mayor. There are six sign-ins. Four indicating they wish to testify. The complete list is on your computers by clicking the sign-in dashboard. And the first sign up to testify as John Schafer. De Weerd: Good evening. If you will, please, state your name and address for the record. Schafer: John Schafer. Address is 2788 West Ustick Road. De Weerd: Thank you. Schafer: Thank you, Mayor, Council Members, city employees and all the citizens. I think they have done an exceptional job of the design to disguise a storage facility. I do give them kudos for that. That's excellent. I guess there is one question I do have . They claim that there is only eight apartments that will be on this structure, although the rendering shows there is three separate buildings -- three stories that looks like it would be 12 apartments to each building. I don't know. I guess that's just a question I would like to ask. Also for future developments through more apartment complexes in this area, but the egress -- only one egress out to Linder Road to a right-hand turn only -- I would presume that will happen. Diverting traffic now over towards Sawtooth Middle School, that intersection, if any of you have been there in the mornings and evenings, it's horrible. I'm surprised they put a Hawk light in there and there wasn't a -- a traffic light installed there at the time, just because of the traffic conditions that happen there after events in the evenings and things of that nature or the other ingress-egress would be through BridgeTower and with Ustick Road I have not seen any design from ACHD when that will be widened because of the Ten Mile Canal next door and the cost. I see a two lane road there now that it's already problems for people egressing subdivisions to the south, as well as coming up to the BridgeTower to the north without turn lanes. So, I just feel that there will be some traffic issues if we develop more apartment complexes within this -- and beyond this design. Thank you. Meridian City Council Meeting Agenda October 8, 2019 – Page 88 of 253 Meridian City Council October 1, 2019 Page 17 of 42 De Weerd: Thank you so much, John. Johnson: Next is Beth Lucas. De Weerd: Good evening. If you will, please, state your name and address for the record. Lucas: Yes. My name is Beth Lucas and I live at 1922 West Pachino Street here in Meridian. De Weerd: Thank you. Lucas: All right. I just want to say good evening to everybody here, Mayor Tammy and the Council Members, and I want to start by saying that I hope you will deny this application. I have looked over all the materials available online and I just don't think that it is the best use of that corner. I'm not necessarily against apartments or storage units as they stand, but this particular plan seems kind of poorly conceived and thrown togethe r and it doesn't fit well with the surrounding neighborhoods. That said , if you do decide to move forward with this plan and this development , I hope you will just consider a few of these concerns. The first is that the apartment buildings that they are proposing are simply too tall. They are going to be three story and they would be the only three story structures in the entire square mile and most of the surrounding square miles . So, they don't fit in and what is difficult to see on this visual -- if you look at -- it looks like there is green space all around, but that area to the west of the subdivision is already platted out for single family homes. So, there is going to be homes directly adjacent to those apartment complexes that are so tall and you can see a visual of this on the left is where the single family home would go and 20 feet to the right of that is where those apartments would go in. So, there is no buffer, there is no roadway or transition between those apartments and the residential neighborhood. This would be the front of the apartments, which would face that house that you saw on the previous slide. Sorry. So, they would have, basically, four front doorways looking down on that house in that neighborhood and it just doesn't seem to fit with the area. The other problem with the apartments is that this is what would be facing the roadway. So, when you're going through that roadway you're in a residential neighborhood and, then, all of a sudden out of nowhere there is this stretch of road that would have these garages on either side just lined up with their cars and there is not really places to park additional cars, since most people do not park in their garage, even though it meets the requirements for parking. So, aside from the height of the apartments, which you can also see here in the background, they just stick straight up. There is these single level storage units and the residential homes, which seems not to fit with the area. The other major problem I have is just the elevation of the buildings, the storage units and also the apartment buildings. They are just giant rectangles. There is no architectural details that match any of the surrounding areas. I know there is some kind of grading on top of the apartments and the buildings, but those also -- they have a really modern look and modern colors that don't seem to fit the surrounding areas. So, basically, I'm asking that if you choose to let this project move forward that you would require that the apartments be no more than two stories and that you would require more architectural details and a better elevation level that would fit more with the surrounding Meridian City Council Meeting Agenda October 8, 2019 – Page 89 of 253 Meridian City Council October 1, 2019 Page 18 of 42 areas and make it look more aesthetically fit with the area and this is an example of an apartment complex. It's a four-plex just a mile up the street on the corner of Linder and McMillan and that has a much more residential look. So, thank you. De Weerd: Council, any questions? Cavener: Madam Mayor, I do. De Weerd: Mr. Cavener. Cavener: I appreciate your testimony. Anytime the question of aesthetics comes up I always get interested, because I think they are somewhat subjective. Lucas: Right. Cavener: So, I'm curious from -- from your perspective what aesthetical changes, something that would satisfy you as an individual? Lucas: Well, as the visual here shows, more roof pitches, more gabled roofs, more architectural detail rather. Basically anything other than just a giant rectangle box, which is what's on there. And even the store fronts, if you look at the colors and you look at the trims on those, they really don't match the BridgeTower neighborhood that's directly adjacent. Even the paramedic place, which is across the street, have more gabled roofs, they have more detail on them that makes them just look like they are more cohesive in the area. So, that would be what I suggest. Cavener: Appreciate it. Lucas: I don't know if that makes sense or answers your question. Cavener: Always interesting to hear where people come from. So, I appreciate that. Lucas: Yeah. Just if -- I mean looking at the surrounding areas, I would want it to look more in line with what's there. Less modern. De Weerd: Thank you. Any -- Mr. Borton? Borton: Yeah, Madam Mayor. Ms. Lucas, there is a question with some of your comments -- and maybe, Caleb, I will call on you to help kind of articulate the distinction between what is before us to decide from a design perspective and the companion conditional use permit, which is before P&Z later in October and there is some areas that they address at that public hearing and there is some before us today, so -- Hood: So, Madam Mayor, Councilman Borton, Members of the Council, yes, there is. As I mentioned in the previous, there is an upcoming hearing to talk more about kind of the architectural and how -- aesthetics of the proposed multi-family. That said, the Meridian City Council Meeting Agenda October 8, 2019 – Page 90 of 253 Meridian City Council October 1, 2019 Page 19 of 42 development agreement is before you today. So , if you wanted to limit it to two stories say, that is certainly something that you -- you could do this evening and say, okay, we are okay with multi-family, but even put some more sideboards on that . Obviously, the CUP they have going through the process now would have to be consistent with the development agreement modification. So, there is a little bit of overlap in process here. They need your approval to modify the development agreement to say, yeah, these land uses are okay and, again, if you even want to tighten down those sideboards a little bit you could. I would caution you I guess a little bit -- although you could -- getting into too much of the design aesthetic of those buildings, because that is what's coming before the Planning and Zoning Commission. But, again, if you want to craft that or give them a little less leeway to make some of those decisions, that's certainly, again, on the table today. But that is primarily why it's before the Planning and Zoning Commission is to look at how this does or does not fit in with the existing neighborhood. Borton: Madam Mayor. One of the reasons for that question -- and I appreciate you bringing that up, too. When we reviewed the application in preparation for tonight was just making sure we are clear on -- and the height is one example of something that if that's a decision that is before us through the DA application that isn't part of a CUP or is the -- does the CUP application also have the opportunity to address height or is tonight -- or is this the application where height of the apartments needs to be addressed? Hood: So, Madam Mayor, Councilman Borton, the height of the building really is tied to the elevations more. I don't think that through the CUP process the Commission is going to say no more than 45 feet. The zoning will control that. But they will look at elevations and go, yeah, those are the elevations we want and they are three story. So, if you want to limit it again to two story or a height, you certainly could. They -- I don't see them necessarily doing that, unless they say you submitted three story, we only want to see two story. They potentially could do it that way. Borton: Okay. Thanks helpful. De Weerd: And that would reside in the DA? Hood: Madam Mayor, it can reside either -- either place; right? The development agreement -- if you want to as the Council say no more than two stories or 40 feet or whatever, and then -- then that's going to be a sideboard that the Planning and Zoning Commission can look at and say want to really limit it -- maybe you can fit three stories in 40 feet if you use 40, but it's going to have a height cap that could live in the -- in the development agreement, yes. De Weerd: Thank you. Thank you for bringing up your ideas -- for bringing ideas in addition to your concerns. We appreciate that. Lucas: Thank you for hearing me out. We appreciate it. De Weerd: Thank you. Okay. Meridian City Council Meeting Agenda October 8, 2019 – Page 91 of 253 Meridian City Council October 1, 2019 Page 20 of 42 Johnson: Madam Mayor, next is Miquelle Crosland. De Weerd: Good evening. If you will, please, state your name and address for the record. Crosland: Miquelle Crosland. 2217 West Windchime Drive, Meridian, Idaho. De Weerd: Thank you. Crosland: Thank you, Madam Mayor. Thank you, City Council. And thank you, police officers, and clerks, we appreciate your service. Mr. Chad Olsen is a resident of Boise. This is not your city. This is not your neighborhood. And this is not your community , which you called all of those yours in your application. A few concerns. Adding vehicles to that corner, because, as Ms. Lucas said, there is a neighborhood, it's -- CBH Homes has 65 plots just behind that and so adding that, plus what Mr. Olsen wants to do on that corner, it's just going to be a whole lot more cars than -- than what is already accepted into -- into that -- that space adjacent to his. The overcrowding of schools. If you move into BridgeTower right now, you have four kids, they are not allowed to go to Hunter Elementary as of today. They have to go to neighboring schools because of the overcrowding. Your Sawtooth, your middle school and Rocky Mountain is also overcrowded as well. This new conceptual development -- development plan is not the highest and best use of this property. I just felt it was a busy design. I felt like he wants storage units, he wants apartments, he wants office space. I just feel like that's just going to crowd out that -- that tiny four acres. 4.16 acres is not that much land. I -- I, too, would like to give suggestions, as Ms. Lucas did. I would like to see a cleaner design with -- with someone who is less greedy in -- in the income that he can produce from that property. And that's all my -- my points. De Weerd: Okay. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Ma'am, you stated a lot of things that you don't want there. What kind of development would you like to see there? Crosland: I think the townhomes next to -- behind Kohl's. I think it's -- there is green space and it's -- it's not too much housing, but if we go back to that slide, Caleb. Sorry. With the house next to the apartments, that's just disturbing on any -- I mean CBH would have a hard sell on that one. I -- I'm a realtor as well and some homes would be hard and that would be a hard one. The one where -- two more up. Number two. Yeah. Perfect. Thank you. Just all those windows looking in -- into my kids playing in the backyard every day would be quite disturbing and so I -- I think more green space next to that precious single family home and -- and make it cleaner with a lot less townhomes. I think that was a proposal last time when we came here last year in the Planning and Zoning meeting and -- but he's trying to make this a really busy intersection. Not just busy Meridian City Council Meeting Agenda October 8, 2019 – Page 92 of 253 Meridian City Council October 1, 2019 Page 21 of 42 with traffic, which -- I didn't mention that one. You only have one lane going west on Ustick and you only have one lane going south on Linder and bringing all these vehicles in is just -- as the first brother said, but we don't see those -- we don't have a plan yet for those roads widening, especially with the canal on Ustick. Sorry. But just a cleaner, more green space for that corner next to those 65 homes would be more appreciated. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, you -- rather than the storage units, you would rather see more townhome style housing? Crosland: I don't want to give a number, because everyone will kill me that I'm trying to represent. Just less. Not tall. Not being greedy with -- with -- with the space there. I -- height is definitely an issue. But just more green space, more kids playing in the park, like -- there is 65 homes. It's going to be a CBH neighborhood. You're going to have a lot of young families in there with young children and -- and you have that cross-through that's already decided on Crosswind. That's going to be a busy road with a lot of children and so that -- I think that should be a huge concern. Palmer: Madam Mayor? De Weerd: Uh-huh. Palmer: Sorry for the continuous questions. Crosland: That's okay. Palmer: I just -- I struggle -- I'm trying to understand really, because -- I mean it very well may be more profitable to put a bunch of housing in there considering the housing situation that we are in right now, but as you had stated and as, you know, previous project has been presented and -- and as Council and the people made clear that they didn't want more housing there, because housing creates a ton more traffic than storage units and, then, even -- even commercial, you know, whether -- even if it's dentist offices create even more than housing does and so this -- this is the least impactful proposal that's been on -- on this property when it comes to traffic. Crosland: It's the ugliest proposal we have seen on this. Palmer: So, what's the number one concern, the traffic or is it that you don't want -- you want a prettier -- Crosland: It's busy and aesthetically it's -- it's too busy and ugly, which is just an opinion. Subjective. Meridian City Council Meeting Agenda October 8, 2019 – Page 93 of 253 Meridian City Council October 1, 2019 Page 22 of 42 Palmer: Thank you. Crosland: Okay. Thank you. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just before we continue, a comment. I recognize that not everyone comes before City Council on a regular basis, but I always like to frame it -- this is -- these are neighborly conversations and so I just would ask that we be civil, be diplomatic. We don't like it when developers imply intent of people in our community. Likewise, we try and discourage residents from implying intent towards the developer . It just -- it makes this process go smooth if we can all be neighborly. So, I just would encourage the rest of the folks that come provide testimony that we find a way to do that. Appreciate it. Thank you, Madam Mayor. De Weerd: Mr. Clerk. Johnson: Madam Mayor, the final person that signed up ahead of time is Holly Worthington. De Weerd: Good evening, Holly. Worthington: Hi. De Weerd: If you will, please, state your name and address for the record. Worthington: Thank you, Madam Mayor and City Council. My name is Holly Worthington and I live at 2240 West Teano Drive. I kind of have different concerns. I am concerned about the high density housing, just because as others have expressed, I worry about -- we already have a hard time turning left out of our neighborhood as it is. It's -- it's a difficult situation and especially there where Sawtooth Middle School is there is a major traffic issue there already. I'm not sure how much you guys are aware of that. Hopefully you're aware of that. But I worry about that specific area because of that and I think most people in our neighborhood area assume that that area would be filled in with homes and probably some kind of -- something on the corner. I think we all knew that was going to happen eventually. But I think most of us thought it would be some kind of professional buildings or something. I know for me personally and for people I have spoken with, storage units -- we already have one on Ten Mile and one on McMillan, which both align right next to our neighborhood and I feel like that's probably not what we want next to our neighborhood, because for me it's more about the crime like -- I got this from the Idaho State Police Uniform Crime Reporting. Sorry, I -- from their website. But it says that -- their top locations of burglary, break -- breaking and entering for 2018 -- number one was Meridian City Council Meeting Agenda October 8, 2019 – Page 94 of 253 Meridian City Council October 1, 2019 Page 23 of 42 residences or homes. But number two is rental storage facilities and so for me that's a concern and I think we already have two storage units right close to us. We have a pawnshop and a liquor store and I just feel like we have a nice family neighborhood, I'm not sure that we need to add something else close by that is probably going to attract crime. I found -- it's called Blue Sheepdog. It's a website run by a cop. He trains other police officers and he said self storage facilities generally offer criminals with a near ideal location from which they can work or store their products. The facilities often accept cash, don't do background checks, ask a few questions, are open 24 hours a day and based on how the property is laid out offer the ability to work out of the view of the casual passerby. For me that's not something I particularly want in my neighborhood , so -- and I realize that there are other property -- other things that could be problematic trafficwise as well, so I think that, obviously, still needs to be a consideration. But I think that we can come up with something that uses maybe more green space , uses maybe -- something professional that will maybe help with the traffic at Sawtooth -- De Weerd: Holly, can you summarize? Worthington: Yes. Sorry. De Weerd: Thank you. Worthington: That's it. I will leave it at that. De Weerd: Council, any questions? Thank you so much. Okay. Those -- that was who had signed up. Is there anyone else who would like to provide testimony on this? Yes, sir. Walsh: Good evening. My name is John Walsh. I live at 1859 West Quiet Peak Street, Watersong Subdivision, just north of that whole big piece of vacant land. The lady who spoke about the height of the -- the apartments -- the proposed apartments, I think she's right on. A two story apartment next to or nearby residences is plenty. You put three stories up there and you're going to discourage the development of the residenti al area right behind our house. Two stories -- if they -- if they need more apartments, reduce the number of storage units that they are going to put on the land. You know, if you want to have storage units, like another lady said, you have got them on McMillan, you have got them on Ten Mile. You know, everyone's got a garage and everyone's parked out in the -- out in the driveway, no one ever seems to have enough room for their stuff . But if you -- if that's what you want on -- on a major intersection corner for Meridian, another 300 units to put more stuff, fine, but let's -- let's at least keep -- keep the profile or the facilities down to that -- that 45 foot limit or two stories or whatever it is and make those apartments look more like -- like homes. There was a picture that was brought up on one of the screens. They -- they -- they look more like homes, rather than what they have got now looks like a castle. So, if -- you know, I guess that's all I would say. Just wanted to get that on the record. Thank you. Meridian City Council Meeting Agenda October 8, 2019 – Page 95 of 253 Meridian City Council October 1, 2019 Page 24 of 42 De Weerd: Thank you so much. Any other testimony? Okay. Would the applicant like to close. Olsen: Chad Olsen. 6142 North Queensberry Place, Boise, Idaho. 83713. Currently building a house at 3160 North Duane Drive, Meridian, Idaho. Graduated 1988 from Meridian High School. Won the state championship in wrestling at 119 under Bruce Burnett. But that's okay. It's all right. I'm okay. And I understand that -- that modern isn't for everybody. I totally get that. There was a couple questions. I probably should have written them down. I didn't. I want to respond to a couple things. The reason why there is so many uses is that zone is calling for a mixed use. It doesn't mean that if the apartment portion of that seem to be an issue with people we couldn't make it more office or more retail or more storage for that matter, but in trying to adhere to that -- the spirit of that, understanding it from a building side, having, you know, built several nice townhome projects behind where Trader Joe's is going at Barroso, I understand the need of housing. That's what the zone asked for is a mixed use and as far as -- like the traffic going through, ACHD limited it. ACHD has certain rules onto major arterials and they wouldn't allow any of the traffic to come from the townhomes and as far as cutting it down even further , you know, that's fine. Ninety-six to eight is pretty good I thought in my mind. But at the end of the day most of those concerns are mostly resolved. As far as the color situation on -- on a design, they are just renderings for right now. We are just trying to get something close, so that we can kind of give an idea to you, the Council, about what it looks like. So, most of the concerns -- most of the school concerns, most of the traffic concerns, as far as storage units being high profile places, the storage units that we build now are very high tech and very camera oriented and I would find it very difficult for somebody to conduct an illegal action within the storage unit. I'm not sure if that information is derived from more older storage units, but as far as the design goes, you know, we can discuss that at the conditional use and if I can get the names and numbers I'm more than happy to sit down and -- and design some stuff that maybe is a teeny bit more appealing to people. The reason why there aren't gabled roofs is that they cause the buildings to be higher and we were trying to keep it as short as possible and still have that and one living space, it's like -- it's like -- more like sliced bread. It isn't -- those aren't houses that are four houses lurking on top, that's bedrooms looking down is what it would be. But, that's fine, we can -- we can discuss that later. So, in short, I guess I'm just going to say that most of every concern that I heard here tonight were the concerns that were echoed in the letters and the -- the best solution is what we have presented to the Council. Thank you. De Weerd: Thank you, Chad. Council, questions for the applicant? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Madam Mayor. Thanks, Chad. I'm just a little bit confused about number of units. So, you said 96 and you say eight. How many units are there? Meridian City Council Meeting Agenda October 8, 2019 – Page 96 of 253 Meridian City Council October 1, 2019 Page 25 of 42 Olsen: There were 96 a long time ago. A year ago. There are now eight. Milam: Eight units or eight buildings? Olsen: Eight units. Milam: Eight -- Olsen: Eight homes. Milam: Eight home. Olsen: Eight homes. Two four-plexes. Milam: So, they are three story homes. Olsen: They are. Milam: Okay. But you could limit those to two story possibly. Olsen: It would be -- it would be harder. We would have to take some space out of either the storage unit or the -- the retail space that's there, but we did want to provide, you know, some retail, so that we could encourage some people to come. It had been tossed around to -- at one time when -- the pictures you're seeing were 16 and no retail and we were counseled by staff to not do that, to -- to -- well, we can't access it from -- ACHD, anyway, will not allow that access to come off that , but will allow business to come off there and a storage unit entrance, but they won't allow homes to come out there. So, that -- but, again, if we add more houses, basically, what we are doing is adding more traffic and more school seats are disappearing. So, I'm really not sure at this point what more as a developer we could do to minimize the impact of that corner. Milam: And, Madam Mayor, follow up. And, obviously, I -- or doubtful any of the neighbors would have a problem with eight units. I mean that's -- that is minimal, but -- but the problem is the height. So, there is no way to change the footprint of those a little bit to shorten them? You're -- you're dealing with people who live right next door. Olsen: Well, there is no houses there and what -- and the house that they showed, it's actually the side yard, not the backyard. That house faces a different direction than what we face. Absolutely. Everything is always possible to minimize everything and just -- that something would come out as a result of it. We are going off of what's allowed to us in the code, which is 35 feet, and we are at -- we are 30 and most houses when you -- you get it up there they are about 25 feet by the time you count two stories of houses and a pitched roof, depending on the pitch, 25 feet. We are maybe five foot higher than that. Hood: Madam Mayor, if I can jump in real quick. Just to clarify. This is C-C zoning, so the maximum in the zone would actually be 50 feet. So , in the C-C zone it's 50. The Meridian City Council Meeting Agenda October 8, 2019 – Page 97 of 253 Meridian City Council October 1, 2019 Page 26 of 42 project that's -- that's annexed and zoned, although not fully built out yet with the homes and things, is an R-8 zone and that would be 35 feet maximum in the R zone. De Weerd: So, Caleb, I know that I -- I would be concerned having those look into my backyard so close. When -- it's not really designed for the multi-family and -- and if I bought that house on that lot I would be concerned that I'm going to have higher density type. Hood: So, Madam Mayor, I tend to agree with you. Again, just to clarify, there isn't a house there today, though, and that's why -- some of the reason I pulled up the aerial. So, those four units and four units would go right here. So, anyone buying this lot would know that there is -- I'm not saying it's right, I'm just saying it's -- it's -- the house isn't there today. There's a lot there, but no one is actually living in the Windsong Subdivision -- Windsong? Something. They match. There is two names that are real similar in -- in this area. So, I mean -- I think that is, again, part -- to the previous question, part of that is to be somewhat played out at the -- at the Planning and Zoning Commission as well. Again, you can have that dialogue here, but I just wanted to clarify the one -- the one exhibit that was presented -- as far as I know there aren't any homes in the subdivision directly to the west. De Weerd: All right. Thank you. Thank you for that clarification. Council, other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To dovetail on that -- on that concern is -- a lot of good dialogue and discussion on various considerations, the traffic, schools, also an awareness of what is already annexed, what is already zoned, existing uses that are already permitted here. We are down the road to a certain degree , but one of the areas -- this area is the mixed use community designation. So, I want to go back and -- and I was pulling up the comp plan to kind of look at some of those principles. I know you certainly did as well and one of them speaks to that transition between residen tial uses and a mixed use community and -- Olsen: Yes. Borton: -- and that's one of the principles in our comp plan that gives me some concern -- to tie into the Mayor's comments that even though there is not a house next to it, the specific design, even if it's just -- did you say 40 feet or 45 feet? Milam: Thirty. Olsen: Thirty. Meridian City Council Meeting Agenda October 8, 2019 – Page 98 of 253 Meridian City Council October 1, 2019 Page 27 of 42 Borton: Thirty feet. It looks like it's taller because of its -- Olsen: Yeah. Borton: -- that design and we have had that challenge and -- Olsen: That square more modern look looks a little taller. Borton: So, that's concerning, that -- that design. Maybe not necessarily the height. The design invites an incompatibility with what will be the adjacent R-8, two story development, so you can -- Olsen: Yeah, unless it maybe becomes contemporary. We are moving a lot more towards a contemporary design these days, but I'm just saying -- Borton: Yeah. So, talk a little bit about your flexibility and those properties adjacent to the west or the -- those four units -- four three story units -- Olsen: Yeah. Borton: -- adjacent to that property being either shortened or designed in a fashion that would provide a more compatible transition. At least in appearance. Olsen: So, just -- let's just say for the sake of argument that we didn't put those four units right there, but somehow we moved them out towards Linder Road. Borton: Cross -- Crosswinds perhaps? Olsen: Yeah. Just -- just where you see the commercial piece . Right here in the front. Let's just say. And let's just say that we designed a retail building to go back there. It could be 50 feet. To me I -- I feel like a meet in the middle as a residential type application to merge it, so we start with residential and we hit multi-family and, then, maybe we hit commercial and that's kind of the buffering that we do. Like I said, anything is possible. That's a design that -- that we have liked and we have used and it seems to have worked quite well. We would probably have to limit maybe the number of units that we do by not having that third floor and maybe that would bring it down to two -- three on each side or something like that and so we just get -- we get less out of it and if that's what it needed to be that -- that's I guess what it will be. It just -- without having a house there and not understanding what's going to happen on that side , I can completely understand your concern. Borton: Yeah. And Madam Mayor. I -- I don't doubt that at all and that's one of the challenges you're sort of stuck with. I think your neighborhood meeting with the proximity -- Olsen: Yeah. Meridian City Council Meeting Agenda October 8, 2019 – Page 99 of 253 Meridian City Council October 1, 2019 Page 28 of 42 Borton: -- delivering to the vacant lots -- Olsen: Yeah. Borton: -- right, doesn't provide that input that -- you might have heard some of this exchange at a -- Olsen: Yeah. Borton: -- well attended public meeting, so you're -- Olsen: Sure. Borton: -- you're sort of stuck. Olsen: That would be the good thing about being able to look at the letters. Borton: Sure. Olsen: Yeah. Because that's kind of like the expanded neighborhood meeting. But -- yeah. If I had a neighbor right next door this could never be allowed, right, because -- but since I'm going first and they get to see what I'm doing , as opposed to me, you know, coming in over the top of them later, I totally understand that with three stories. But am I -- my understanding is that if you understand there is a three story building next to you and -- and you get that and -- you know. And I built all those units over there at -- behind -- like I mentioned behind Trader Joe's to be and we had that talk, then, too, because you got a person that now has a commercial building right there, but because the commercial building's already built, we have an understanding that, hey, it's a commercial building there, we get it, and so, you know, there is, obviously, some flexibility. We need to try to do that to make those three story apartments look more traditional, but if we -- if we need to bring them down, I guess we could try to work out something, but, right, there is only so much space, so something's going to have to go -- a little bit here and, then, we can try to work with staff and try to mitigate , you know, the commercial building in the front and -- and maybe the idea is to have no housing. Maybe we should just have a few more offices right back there and -- and have them like one single story office. That's the beauty of a mixed use is that you can do that. I just felt like we should at least offer some housing in a situation that we are in right now with housing, I feel like we should be responsible and put at least some housing in it, but it has been presented to me from Bill that he said maybe don't even do the multi-family. It's getting so small anyway at this point, it's only two four-plexes, that we just go with office, but that would maybe increase a little bit of traffic and take a little bit of schools and so this was kind of like our meet in the middl e. Borton: Trade off. Olsen: Yeah. Meridian City Council Meeting Agenda October 8, 2019 – Page 100 of 253 Meridian City Council October 1, 2019 Page 29 of 42 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Kind of more in response to that and I -- I don't know, I might prefer more offices knowing -- you know, living out in this area somewhat you're surrounded by homes and there is a -- there is a demand for homes, but that's not going to go away -- Olsen: Right. Milam: -- that we also have a lot of apartments going up and a lot that aren't built yet , but people look forward to there being businesses in a proximity to their home that -- you know, so they don't have to drive to Eagle Road, they don't have to drive somewhere -- somewhere that could be walkable. So, I think that could be very successful as well. Olsen: Yeah. And I'm open to that. Milam: I'm not saying another gas station, but -- Olsen: Yeah. Milam: -- it's not up to me. But I just wondered if we could change the apartments, so -- Olsen: Yeah. Milam: -- we have had this come up in the past with these tall apartments and there was -- I think one way that we mitigated it was the developer put -- made sure on the third story the window -- any windows were really high. Olsen: Like a transom window. Milam: Yeah. So, above head height -- Olsen: Yes. Milam: -- so, that there was light in there -- in there, but they -- it wasn't like they could just -- they are not looking over into the neighbor's yard and I think that was something that worked well. Olsen: Yeah. Milam: So, that's another thought, as opposed to -- Olsen: Sure. Milam: -- the building -- Meridian City Council Meeting Agenda October 8, 2019 – Page 101 of 253 Meridian City Council October 1, 2019 Page 30 of 42 Olsen: And just to be honest, I'm totally okay with -- I believe Caleb would have to correct us -- me. Yes, two uses are enough to consider it mixed use. Milam: That's what I was thinking, too. Two or three; right? Hood: Madam Mayor. No correcting here, just to clarify, though. So, that mixed use designation actually covers multiple sides of this intersection. So, we are looking for a mix of uses over -- not just four acres -- I mean it's almost impossible to get a mix of three uses on four acres, so we look at the whole designation on the comp plan and go , okay, overall we need residential, commercial, office in its whole. So, we do have the other side of the intersection that isn't developed yet either. So, we can get -- if -- if, for example, residential goes away here, we will be looking for some of that to be picked up on the other side of the intersection. Olsen: Sure. And I would be okay with just going to the two uses, if that was the most preferable to the community and to the Council. I would be okay with that. De Weerd: Two other items were brought up and maybe the first question to Caleb, what does Ustick look like going west? Hood: Madam Mayor, I didn't have a chance to multi-task while listening with one ear. I did look at ACHD's integrated five year work plan. As you know, Ustick -- that intersection and back to the east was completed -- boy, time flies -- 18 months ago, two years ago, somewhere in there. Recently anyways. With the next segment going, you know, back to -- towards Ten Mile is not in their five year work plan. So, it isn't planned for any improvements in the foreseeable future. Now, that could change, but it's not on their recently adopted integrated five year work plan. Olsen: Could I clarify one thing? There is actually no access that we are taking onto Ustick Road at all. That's an emergency access only. That's only if the fire trucks need to get in there. We are not actually using Ustick at all. That -- you see that's an access there. That's an emergency access only. De Weerd: Okay. The other question is going to be for Lieutenant Ford. Certainly we have heard the -- the concerns about storage units before and with the technology some of it has been mitigated, but can you talk about our experience with the newer facilities that we are seeing and -- and do you have some safety concerns of what it brings to a particular area that have these facilities? Ford: Madam Mayor, relating to like crime? De Weerd: Is your microphone on? Yes. Related to crime. Ford: The storage units here we really haven't had a huge problem with crime at . They are well protected with the cameras and stuff. We don't get called out there too many Meridian City Council Meeting Agenda October 8, 2019 – Page 102 of 253 Meridian City Council October 1, 2019 Page 31 of 42 times for them. I would have to pull actual statistical information to find out for sure , but it's -- it's not -- it hasn't been a huge issue here. De Weerd: From the fire perspective any concerns about things we find -- materials stored or anything like that? Niemeyer: Madam Mayor, we don't have concerns. I know Chief Bongiorno -- I spoke with him via text. He reviewed this application. Certainly there is -- there is always an opportunity for fire to erupt pretty much in any storage unit. I think we do a great job of reviewing the planning for those storage units, making sure we have as much noncombustible build out as we have. So, we don't have any concerns from fire. De Weerd: Okay. Thank you. Any other questions from Council? Caleb, maybe if I call a ten minute break, can you look up and see -- because I think we have three storage units on Ten Mile and one on McMillan, two -- three of the four are new and if you can see if there is anything else going on around that. So , Council, I'm going to call a ten minute break. (Recess: 7:39 p.m. to 7:45 p.m.) De Weerd: Okay. I will go ahead and see if we can pull this back to order. Okay. I guess I did have a question for Caleb regarding storage facilities and -- Hood: Madam Mayor, I -- so, disclaimer, I live a few miles away from here, so I'm not overly familiar with it, but I did try to do a search for the ones that I am aware of or showed up on our mapping system in our database , but if I miss some -- I know some of you are out there more than I am, but one that's coming online soon -- or will be will be the McMillan Storage at Goddard Creek. So, that's just a little bit -- do you mind turning the -- Milam: A mile north. De Weerd: Across the street from Hunter Elementary. Hood: Correct. Yeah. So, you can even -- it's -- it's not the one that's actually highlighted on the screen now where the M in McMillan is, it's right next to that. There is another project that's coming in where it's highlighted down, but -- and I didn't have enough time to actually get all of the specs on that. I don't remember how many units were there. But, then, on Ten Mile by our wastewater treatment plant there is also a Stor-It facility there and, then, north of that those are also entitled. In fact, some of those I think may even be under construction there right by the wastewater plant. So, there is several more that are coming online just north of the existing ones. Stor-It has been there for some time. You mentioned a couple of others. I -- I didn't -- that ten minutes went fast, so I didn't have a chance to really identify anymore basically within a mile of this site. So, there probably are some, but that's as far as I got. Again, I don't have any specs on it. I don't know how many actual units are there, but there are a few facilities anyways. Meridian City Council Meeting Agenda October 8, 2019 – Page 103 of 253 Meridian City Council October 1, 2019 Page 32 of 42 De Weerd: Thank you. I appreciate that. And I guess just the final question I have for -- for you would be when this came through with the apartments and I guess the townhouses, I think that were being proposed across the street on the other corner , Council at the time and -- and I think it also came up at Planning and Zoning -- was more a mixed use and -- and the idea behind the Comprehensive Plan was for services that the neighbors would use, whether it's -- and you could argue that they would use storage units, but looking for places to eat and -- and services and those kind of things and that was what the vision was for the Comprehensive Plan. Am I not -- am I remembering that or -- I'm trying not to make up anything in my own head. Hood: So, Madam Mayor, I think -- I think that's a pretty fair summary of a year ago, some of the things that were -- I don't know what -- if there was an expectation, but there certainly was a hope from a lot of people that testified on the previous application that -- like you said, some more services, like restaurants would be available. Like you said, they may very well use storage units, too, but that's kind of what they had -- were hoping for -- or some of those more neighborhood serving uses, that they could frequent more often that really are kind of lacking in this area today. The re is nowhere really to shop or go out for dinner and so that was -- that was a general kind of comment that came out at roughly a year ago that there was some hope for -- for some of that. I do want to clarify a little bit. I mean this, again, is consistent with the Comprehensive Plan, too, though. You know, a mix of uses and it's not like we couldn't allow this and still be consistent with the Comprehensive Plan. But your -- your summary is pretty accurate. De Weerd: Okay. So, Chad, I have one more question for you and so what I read in -- in the letters and -- and, you know, I appreciate the summary you gave. You gave the thought process behind why you brought what you did, trying to be conscientious to some of the comments from the neighbors and the -- the residents in that surrounding area. I heard some of the concerns as being a fit and I think in -- in the storage units to -- and I love how you integrated the office with the storage unit. Actually, I thought that was very unique. If you could make it fit more with the neighborhood. This is an area with the BridgeTower and some of the other surrounding neighborhoods, they are -- they have quality to them, they have design elements and to see if you can make it fit more with -- with the surrounding areas and -- and, then, look at -- rather than just say storage units and offices and maybe you do look at the -- the retail component and trying to bring the services -- not necessarily the pawn shop or the -- Milam: Liquor store. De Weerd: I'm sorry, I know I can't say that, Mr. Nary, but -- so -- but, you know, it's just what -- what you can -- how you can help the neighbors get excited about the development, instead of concern and -- and fearful for what it might bring to the area. Does that make sense? Olsen: Yeah. Yes. Totally. The BridgeTower project is a little more Tuscany look and so -- been building for 25 years and so I understand the Tuscan look and -- and -- and Meridian City Council Meeting Agenda October 8, 2019 – Page 104 of 253 Meridian City Council October 1, 2019 Page 33 of 42 the ideas that we incorporate -- you don't want it to all look the same, you want it to look like storefronts and so the variety is good. That's what I will say. I will say variety is good. De Weerd: Council, any other questions for the applicant at this time? Okay. Thank you. Council, any further information you need from the applicant, from staff, or any of those that provided testimony? I think, Beth, we are going to be recruiting you for workgroups after the Comprehensive Plan. Just putting you on notice. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To -- to start to frame some of these decision points, it sounded like one of the areas that Chad had addressed is whether or not the three uses could or should go to two and before we close the public hearing does Council have any direction one way or the other on that concept? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Great question, Council Member Borton, and I guess that is a question I was going to pose to staff. In terms of a motion tonight, if Council leaves the piece related to apartments in here, again, maybe make some modifications from the story or size -- I don't know where the conversation is going to go and the applicant wants to remove that and replace it with another commercial element , what's -- what does that process look like for that? Hood: So, Madam Mayor, Councilman Cavener, if I understood the question, it kind of depends on what you do tonight. I just pulled up the recommended development agreement provisions. So, depending on how much flexibility you want -- for example, 5.1.2 there talks about development substantially complying with the elevations that we have been looking at and this -- and the site plan. So, you could tweak that and say except for the northwest corner or, you know, you could allow that built in flexibility or -- you know, I'm not quite sure where you're all going from three to two. If you don't want to see a residential component at all you could state that in there. Except for shall not have a residential component, should have more office or whatever. I'm not a big fan of designing during a public hearing, so we do have -- you know. But there is another application kind of in -- in process, too. So, giving some direction and some understanding of where that's going to go. So, again, it kind of depends on what the outcome is tonight. You can -- the applicant could turn around and submit to modify this development agreement tomorrow if -- if they -- they wanted to, so -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda October 8, 2019 – Page 105 of 253 Meridian City Council October 1, 2019 Page 34 of 42 Cavener: I don't want to belabor the conversation if Council wants to move forward tonight. I didn't hear from the applicant about anything pressing that -- seeking our approval tonight. Perhaps it might make sense to continue this out a couple of weeks, allow the applicant to kind of decide -- again, I have heard that the apartments aren't make or break. I think that if I'm supportive of the apartments, it's tapping into the story or the height and probably more in favor of capping the story. But if the applicant would want to do some other commercial use, I'm supportive of that. I guess would prefer to give them -- to do that and, then, to have it come back maybe after the CUP process has played out at P&Z. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Thank you, Luke. And I have to leave, so I apologize, but before I do I was thinking along the same lines, mainly as far as the CUP hearing, I think that if we were to approve this tonight -- I don't know. I feel like that's almost backwards and it's giving our approval to P&Z, as opposed to letting them make a decision. There has been a lot of take back and dislike in this product and this project. I think that a lot of the people talking about schools and roads maybe didn't realize that he has reduced this to eight. So , I think continuing that as well can also, you know, maybe get that word out when it's renoticed, but I feel uncomfortable approving this prior to the CUP process. Or at least the outcome. Nary: Madam Mayor? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: First off, I want to thank everyone -- the applicant and the citizens that have came this evening to express their support and concern. I love this type of dialogue. Appreciate the thought process that went through it. I am a little bit confused on why there is an open CUP application after this public hearing this evening. I somewhat agree with what Council Woman Milam stated. With that said, I -- I'm not a -- I'm not a developer. I'm certainly not a planner. I have never dabbled in architecture. But I do know one thing , that there are a lot of apartments in that area and there are a lot of storage units in that area and that's what I do know and that's just a fact, there is no debating it, and so I struggle with approving this revised development agreement, because of that. Nothing -- you're doing a great job. You know, I'm not going to say that your -- your -- what you're proposing is -- is -- is terrible. It's just that right now in this -- just in this certain square mile'ish there are a lot of apartments and there are a lot of storage units. It seems like we need more commercial. That's my opinion. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council Meeting Agenda October 8, 2019 – Page 106 of 253 Meridian City Council October 1, 2019 Page 35 of 42 Nary: Madam Mayor, Members of the Council, I can answer the CUP question. The CUP can't go forward until they have authority to even put this product there. What they currently are allowed to do doesn't include storage. So , therefore, until they are allowed to do storage they can't hear the CUP. Bernt: Okay. Nary: So, you can't -- you can't continue this to wait for that. They will have to continue the CUP, because right now they are not allowed to do it. Bernt: Oh. Good. Nary: So, the other thing I would caution is our code doesn't speak of stories . We have taken -- we took that out a long time ago. Everything in our code is related to height. So, height limitations on the buildings is what our code speaks to. We don't have stories, because of bonus rooms and other types of spaces people have built into their houses that were only built as a one story house. So , we took that out. So, it's really a height limitation that you're talking about for living spaces. So, those are the two things and, hopefully, that answers the question on the CU. Again, if you want more time on the product, that's certainly within your prerogative. Bernt: Thank you for that clarification. De Weerd: We haven't closed the public hearing, so I would be curious just to hear the applicant's thoughts on if you would like to have a couple weeks to -- to kind of firm up some of the decisions maybe that had been talked about in -- in the mix of uses and how much time you would want. Olsen: Chad Olsen. 6142 North Queensberry Court, Boise, Idaho. 83713. It would be better for me to have the wording changed that said let's either omit the apartments completely, if that's the hangup, and -- and have the flexibility of adding more commercial. If that's where this is moving, let's just put it in the writing and let's get it approved. Of course that's my opinion; right? We have a conditional use that the apartments are being -- the apartments have their own conditional use. They are not part of the conditional use on the 24th. The only thing that's on the conditional use is, in fact, the storage unit itself. But if the Council decided that said, well, we will allow him to add a flexibility of -- and if you say we don't want to even approve the apartments, then, I'm -- I'm okay with that and just agreeing at this moment that it can be the two uses, commercial and storage, and we can put a nice building back in there that would have some services, because I get it, no one wants to go on Eagle Road; right? And -- but that's where Chick-fil-A is. So, you got to take it. Right? So, people don't come out to these regional areas. What this will end up being is like a dentist office, but there would be services and I get it, I drive Eagle Road all the time and it's easier for me to go right close to my home than it is anywhere else. So, I feel a lot more comfortable approving this as a commercial only and a storage unit, if that's in your purview to do so and -- and proceed. But the CUP on the 24th has nothing to do with the commercial piece, because that's already permitted there. It only Meridian City Council Meeting Agenda October 8, 2019 – Page 107 of 253 Meridian City Council October 1, 2019 Page 36 of 42 has to do with the -- the eight units that have to do with the apartment process and so it's just a storage unit only for the CUP. In fact, we were asked to actually ghost out -- or not even ghost out -- to omit those parts on that CUP so that it didn't even look like Council had given us approval on it. So, we were asked that -- you know, you can go sit and you can kind of see, but it kind of looks like, well, maybe they have been given, you know, tacit approval for that. We were asked to actually take it completely out of the application and we did. So, it was just the conditional use for the storage unit. De Weerd: Okay. Any further clarification, Council? Okay. Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: A question for Caleb. Caleb, can you remind us what, if anything, is approved across the street directly to the east. A mixed use community -- I don't know, is it not annexed yet? Hood: Madam Mayor, Councilman Borton, I checked zoning. If you recall the property owner to the north that had -- between the middle school and the subject property, when they came in I -- my memory is actually failing if anything actually got entitled there, but I believe they withdrew and didn't actually move forward or it was denied. I cannot remember. I will double check that, but I'm -- I'm almost certain they were collaborating together. That came in and, then, I think they used to run llamas or goats or something on that property; right? And, then, they -- directly south of Sawtooth. But I don't believe they actually went forward, but I will double check real quick just to make sure that it hasn't been annexed and zoned. Nary: Madam Mayor, they withdrew. De Weerd: Yeah. Hood: Okay. That's what I was thinking. Borton: Madam Mayor, I'm -- De Weerd: Mr. Borton. Borton: I'm comfortable proceeding today. If the majority of Council needs time by all means. De Weerd: You want to pull your mike closer. Borton: Sorry. If there is time needed to do something. The reason I asked that last question is -- is in balancing all of these considerations with regards to traffic, what could or couldn't be, they are already entitled and what opportunity we have with this application Meridian City Council Meeting Agenda October 8, 2019 – Page 108 of 253 Meridian City Council October 1, 2019 Page 37 of 42 to impact the intensity of use, in that spectrum of intensity this is one of the least intense uses for traffic, least intense uses for challenges we have with our schools, so there are a lot of positives that -- that I think when you weigh those considerations support this type of application for me. I'm supportive of the two uses. I just think that's -- I think the apartments -- the apartments creates more challenge here than is necessary and, Chad, if you think there is a better way or an opportunity to -- to have two uses, amend Condition 5.1 to -- to adjust it to reflect that. If the larger region, the mixed use community area, still has opportunity for -- you know, whether it's residential, public, quasi-public, the mixed use community designation has some other types of uses it wants to capture , there is still opportunity for that read -- that area to provide that combination of uses. So, all of that makes me supportive of this application. I think the -- the storage units are attractive, but I -- I defer to Planning and Zoning in that conditional use permit. They understand the aesthetic design of that is critically important and it sounds like Chad's already well aware of that. So, if there was any direction to provide, I would certainly hope that they -- run you through the wringer is probably a little abrupt, but really to capture an opportunity to incorporate this very busy corner to make it attractive, the landscaping and the design and the scale and articulation and color and -- and that's really important. We don't get to see that. So, whether or not you're there yet with -- with what's been provided, might not be. There might be more that Planning and Zoning can assist with to make it successful. So, I'm supportive of the application with those amendments now in light of that balance of considerations. I think it makes sense to go forward. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I concur with Councilman Borton. I think we are asked time and time again to look at projects that don't put a heavier impact on traffic and schools and this one has a minimal impact on those and so I appreciate that the applicant has done revision after revision in an attempt to answer what the citizens are wanting and so I'm not real concerned about the number of apartments. I think that if that's left and that's fine. It's also fine if it's not as far as I'm concerned. But I have -- the height issue is of concern for me. So, with that in consideration I'm -- I'm fine with moving forward tonight as well. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I appreciate you for reminding us that the public hearing was still open, because I think that gave the opportunity to not leave any question in my mind. So, I'm -- I'm capable of moving forward as well tonight. De Weerd: So, if there is no further information or -- or questions for our staff or the applicant or those that provided testimony and you feel comfortable with the information Meridian City Council Meeting Agenda October 8, 2019 – Page 109 of 253 Meridian City Council October 1, 2019 Page 38 of 42 you have, I would entertain a motion to close the public hearing or would entertain a motion to continue, whatever the direction of Council is. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move that we close the public hearing. Cavener: Second. De Weerd: I have a motion and a second to close the public he aring. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I will take a stab at it. I explained some of the reasoning that gets me to my decision and kind of balancing the -- all the considerations that I have already discussed. So, I will make a motion for discussion. I will move we approve Item 8-B, H-2019-0092, to amend Condition 5.1 and removing the residential component , allowing the two uses as described by the applicant. That -- I think Condition 5.1.2 directs development consistent with the building elevations, inclusive of the storage units, but understanding, quite frankly, the CUP that P&Z is going to hear is really the last authority. So, that might change. Understanding that's part of the process. I think that's the only amendment to the conditions that's necessary to make that happen. Caleb, did I miss anything? Hood: Madam Mayor, Councilman Borton, I don't -- number four makes reference to multi-family development. Do you want to still leave that in ? The residential -- remove residential allowance is kind of what I heard you just say, so -- Borton: Correct. Correct. Madam Mayor. That's -- I just said 5.1. So, I give you the whole list to -- to basically -- De Weerd: Scrub it. Borton: -- scrub the residential component and I think that addresses -- some citizens, you know, raised some great concern with that transition and -- and the intent of the comp plan and what it's tried to capture and even though this is coming in first next to a bare lot, which is always the easier way to progress this, it's still better long term, I think, compatibility to make this adjustment. So, that's the motion. Palmer: Second. Meridian City Council Meeting Agenda October 8, 2019 – Page 110 of 253 Meridian City Council October 1, 2019 Page 39 of 42 De Weerd: Okay. I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Briefly for the folks that were here. You missed our 4:30 meeting. It was riveting. We talked about parking boats and trailers, razors, in driveways and it's become an issue, because people have a lot of these toys and I think it was one of the gentlemen that talked about, you know, storing them in their garage, because their garages are full of stuff and when I first got on Council I was amazed at all these storage unit requests that were before us, saying why don't these people put stuff in their garage and the fact of the matter is we have got a lot of people moving to Meridian and they have got a lot of toys and while there are a lot of storage units in and around that area, there is also a lot of good restaurants and I did a quick look and that's Grant's and Big Daddy's, Homestead. So, I feel like there are some of those services that are close to those areas. I drive from the south side of town to go to Big Daddy's and the south side of town to go to -- to go to Homestead. So, you got some -- some pretty good spots over there. So, I think this works. Appreciate taking the apartments out. I think they were more trouble than they were worth. Again, I don't know a whole lot about aesthetics and so I will leave that to the P&Z and you to figure out what looks the nicest . Not my cup of tea. But they don't put me on the Arts Commission either. So, appreciate your time. I think this is a great look at local government; right? People come in with thoughts and ideas, we listen, we wrestle, we noodle, we go up, we go down, we make a vote. I just -- I love local government. That's all. De Weerd: Probably not necessary as part of the discussion on this particular motion, but maybe after Mr. Clerk calls for roll, any additional comments you would have regarding -- that you would like for the CUP application consideration, I guess that would be the time to do it. In addition to the discussion that has already been had. So, if there is nothing further, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, nay. De Weerd: The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. De Weerd: And, Council, just to be sensitive to some of the conversation for transition of use or aesthetics, some of the comments that were brought up this evening, any -- any thoughts that you want to share with staff that can be considered or part of the conversation and at least, then, the applicant hears -- hears this as well. There are a couple of additional steps. You have the CUP that will -- would be coming forward regarding the storage units and, then, a plat, right, in front of City Council. So, a couple more opportunities. Meridian City Council Meeting Agenda October 8, 2019 – Page 111 of 253 Meridian City Council October 1, 2019 Page 40 of 42 Hood: So, Madam Mayor, I will amend the DA provisions consistent with that motion. As I mentioned in my hearing, the -- the public street Crosswinds to actually get that road to stub as a public street that will still require at least a two lot subdivision. So, you will see that whenever that's proposed to be extended . It may not be phase one, but at some point. De Weerd: So, this would come back in front of Council at some point. Okay. Council, any comments to have considered as part of the Planning and Zoning process that has not already been said? Very good. Oh. Sorry, Mr. Nary. Nary: It worked out. De Weerd: It worked out. Item 9: Future Meeting Topics De Weerd: Okay. Item 9. Anything under Item 9? Okay. If not -- yes. Cavener: Sorry. Just -- more it's just a primer for maybe a future conversation. We heard some testimony and we saw some letters, people concerned about past decisions the Council has made and the impacts those decisions are on traffic, whether that's multi- family, whatever, and -- and, Madam Mayor, I don't know what our solution is to that and I don't know if there is a solution, but I think it's important that maybe we as a -- as a body devote a workshop meeting -- if only to say to the public we -- we hear those concerns and maybe we workshop it, kind of like we do the budget, around the tables and stakeholders and look at what are some solutions that we could present and work on collaboratively to solve that. That's a different approach, but I think that we hear it, I'm sure, Madam Mayor, you hear it all the time in your office, people calling in that are -- are mad at the Mayor and mad at Council, because we are approving too dang much and I think it's important that if -- if there is some spots where maybe we wish we could have done a do over in terms of the impacts that have happe ned -- the negative impacts, that we maybe look as a body and try and solve some of that . Something for the future. I don't know if that's a new Mayor and new Council approach or that's something we want to start now, but just some commitment to our citizens that we are hearing those frustrations and we want to work -- while we are working collectively to prevent those future challenges from occurring, maybe we are going back to try and fix some of this stuff as well. De Weerd: Yeah. I appreciate that. I think that some of that has been contemplated in the Comprehensive Plan update with the master mobility map and in that regard it will be moving forward with the conversations that we will be having with property owners and ACHD and south Meridian. I have also talked with the chair of ACHD about west Meridian as well. But short of -- and I don't want to sound trite, but short of building a wall around us -- we are not dealing with our traffic and we are not just dealing with the impact of the decisions that are made on land use, we are dealing with the growth of the entire valley and all the cars that drive through us. So, we are blessed and cursed with our center of Meridian City Council Meeting Agenda October 8, 2019 – Page 112 of 253 Meridian City Council October 1, 2019 Page 41 of 42 the valley location, but it is hard to plan for cars and growth that we have nothing to do with that drive through our community, because we -- our strategy in the Comprehensive Plan is to collect that traffic, give them a to destination and start that net job growth that we reported on last week that starts to capture those as well and, certainly, I think it is -- it is a good discussion to have and we could maybe set that up for a discussion in November or after the Comprehensive Plan or maybe for the new elected officials. I don't know. Let -- I will talk with Councilman Borton about that and -- and where that makes sense. Cavener: Great. De Weerd: It is an important conversation, because it is high on everyone's mind. Cavener: Great. Great. Thanks, Madam Mayor. De Weerd: And I have proposed a wall, but no one will fund it. Still moving for that wall. Okay. Anyway, if there is nothing further I would entertain a motion to adjourn. Cavener: Move we adjourn. De Weerd: And I have a motion. Do I have a second? Palmer: Second. De Weerd: I have a second. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 l`� 40 / `J / /�h) _O I q MAYOR T DE WEERD DATE APPROVED .,ORP`TED A—,, - ATTEST: z (kv.r p w CHRI N - m #oAN "�2 SEAL Meridian Fire Department 33 E. Broadway Avenue, Suite #210 Meridian, ID 83642 Phone 208-888-1234 www.meridiancity.org August 28, 2019 MEMORANDUM TO: Mayor and City Council Members CC: Click here to enter text. FROM: Pam Orr, Meridian Fire RE: Fire Prevention Month Proclamation for 2019 Reading of Fire Prevention Month Proclamation for 2019 Meridian City Council Meeting Agenda October 1, 2019 – Page 4 of 39 E 1 DIAN%,!• IDAHO The Office of the Nayor PROC.LA.MATION Whereas, the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city; and, Whereas, fire is a serious public safety concern both nationally and locally, with being the location where people are at greatest risk from fire; and, Whereas, Meridian's first responders are dedicated to reduce the occurrence of home fires and related injuries through prevention education; and, Whereas, Meridian's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and, Whereas, the 2019 Fire Prevention Month theme, "Not Every Hero Wears a Cape. Plan & Practice your Escape" effectively serves to remind us all of the simple actions we can take to stay safer from fire. Therefore, I, Mayor Tammy de Weerd, do proclaim the month of October 2019 as ,Fire Prevention .Month in the City of Meridian and call upon the community to heed the important safety message of using all of our senses to protect our citizens from fire. Dated this I st Day of October, 2019 Tamr# de Weerd, Mayg� Joe Borton City Council President Luke Cavener, City Council Vice -President Ann Little Roberts, City Council Genesis Milam, City Council Ty Palmer, City Council Treg Bernt, City Council EIDIANIZ?- � J CITY COUNCIL REGULAR MEETING AGENDA October 1, 2019 Agenda Item Number: 5 B Item Title: Proclamation - Cyber Security Month Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Estimated Time f or P resentation: Title of I tem - C yber Security M onth C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P roclamation E xhibit 9/30/2019 RE V I E WE RS : Department Reviewer Action D ate Mayors Office J ohnson, Chris Approved 9/27/2019 - 2:23 P M Meridian City Council Meeting Agenda October 1, 2019 – Page 6 of 39 Meridian City Council Meeting Agenda October 1, 2019 – Page 7 of 39 EIDIAN?- I DAJ CITY COUNCIL REGULAR MEETING AGENDA October 1, 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 Meeting Notes: 10/1/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/1/2019 Hearing Type: Public Forum Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=334 1/1 (~QirEDAHO IDIA FZN,! CITY COUNCIL REGULAR MEETING AGENDA October 1, 2019 Agenda Item Number: 7 A Item Title: Mayor's Youth Advisory Council Update Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Estimated Time f or P resentation: Title of I tem - M ayor's Youth Advisory Council Update C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/27/2019 - 1:31 P M Meridian City Council Meeting Agenda October 1, 2019 – Page 8 of 39 Update October 1 MYAC KICK OFF Treasure Valley Youth Safety Summit Dutch Bros CPR The Farmstead C�ifE IDIAIZNC-- CITY COUNCIL REGULAR MEETING AGENDA October 1, 2019 Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: Changes to Agenda: None Item #8A: Cherry Blossom (H-2019-0064) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 9.81 acres of land, zoned R-8, located at 1405 W. Victory Rd. on the south side of W. Cherry Ln, west of N. Crestmont Dr. History: The preliminary plat was approved for this project in 2018. Comprehensive Plan FLUM Designation: MDR (3 or fewer units/acre) Summary of Request: A final plat for the 1st phase of development of the preliminary plat is proposed consisting of 44 building lots, 11 common lots and 1 other lot on 9.81 acres of land in the R-8 zoning district. Because the number of building lots is the same & the amount of common area has increased slightly from that approved with the preliminary plat, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required. This project was continued multiple times so the applicant could address staff’s concerns with the irrigation facilities that run along the southwest & south boundaries of the site. To mitigate these concerns and ensure downstream users have access to the irrigation water, staff requested that the applicant provide a cross section to determine how these facilities affect the buildable lots of this development and the adjacent property owners to the south & southwest. As illustrated in the cross section, a portion of the ditch (smaller one) will be piped in accord with UDC standards and will be contained within the 10-foot wide PUDI easement created with the plat. However, there is a larger facility that parallels the other ditch that is currently open and being used to provide irrigation water to the adjacent property owners to the south. A portion of this ditch does encroach on the applicant’s property and is required to be tiled unless waived by Council. The applicant is requesting a waiver and proposing a 5-foot wide common lot along the southwest portion of the site to preserve a corridor for maintenance of the ditch and to minimize disruption to the adjacent property owner’s irrigation systems. To minimize public safety concerns, the applicant is a proposing to install 6-foot tall wrought iron fencing along the interior edge of the common lot. If Council approves the waiver, the project has been conditioned to comply with the cross sections as depicted in Exhibit e and this will serve as Council’s approval of the waiver. Written Testimony: Debra Nicholson (adjacent property owner to the south – concerns have been addressed); Jon Breckon (Applicant’s Representative) – in agreement w/staff report Outstanding Issue(s) for City Council: The Applicant’s request for a waiver to UDC 11-3A-6B.3 to allow the irrigation ditch along the southwest boundary of the site that encroaches into this site in certain areas to remain open and not be piped. Staff Recommendation: Approval per the conditions in the staff report with one additional condition – include a note on the plat stating, “Lot 2, Block 2 is subject to a blanket user irrigation easement to benefit the adjacent land owners.” Notes: Item #8B: Adera (H-2019-0092) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 4.61 acres of land, zoned C-C, located at the NWC of N. Linder Rd. & W. Ustick Rd. History: This property was annexed in 2009 with the requirement of a DA Comprehensive Plan FLUM Designation: MU-C Summary of Request: The Applicant requests approval to amend the existing DA to include new DA provisions, a conceptual development plan & building elevations for a mix of uses consisting of MFR, a self-service storage facility, office & retail uses. The existing DA approved in 2009 does not include specific details for the how the site is to develop in the future and requires those details to be provided when the property is subdivided. The Applicant proposes to modify the DA to replace most of the original provisions to control the sequence of development consistent with the proposed concept plan. The plan as submitted depicts (1) retail/office pad site, a self-service storage facility and (8) MFR units. The MFR development & storage facility will require CUP approval; retail and office are principal permitted uses in the C-C district. NOTE: The applicant has submitted the CUP for the self-service storage facility which is scheduled for the October 24th P/Z hearing. Conceptual building elevations were also submitted to demonstrate the quality of design and to ensure a cohesive design theme of the future buildings in the development. Access to the commercial portion of the development is proposed via a shared driveway (full access) from N. Linder Road and a secondary emergency access to W. Ustick Rd. for the future storage facility. The concept plan depicts the extension of a public street in the NWC of the development. Ideally, staff would like to see inter-connectivity between the commercial, storage and residential uses as contemplated by the Comprehensive Plan however, during ACHD’s review of this plan, the applicant was required to shift the Linder Road access farther to the north and remove the driveway connection to Crosswind Street to prevent cut-through traffic. In lieu of the vehicular connection, the applicant has provided a central gathering space and provided a pedestrian connection to integrate the proposed development. With development of this site, recommends provisions that requires the inclusion of a central open space & seating area and that the applicant submit a preliminary plat application concurrently with the CUP for the MFR development to facilitate the dedication and construction of the W. Crosswind St. Written Testimony: 27 letters of public testimony have been received on this project, included in the public record. Staff Recommendation: Approval per the staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0092, as presented in the staff report for the hearing date of October 1, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0092, as presented during the hearing on October 1, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0092 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting October 1, 2019 AerialZoning Map W CHERRY LN E F A I R V I E W A V E N M E R I D I A N R D W P I N E A V E N L I N D E R R D NW 8TH ST N M A I N S T N M E R I D I A N R D NW 8 T H S T E P I N E A V E E P I N E A V E N L I N D E R R D NW 8 T H S T NW 8 T H S T Planned Commercial Arterial Mobility Arterial To w n c e n t e r A r t e r i a l Mobility Corridor(Under Study) Planned Commercial Arterial In d u s t r i a l A r t e r i a l Residential Arterial R e s i d e n t i a l A r t e r i a l To w n c e n t e r A r t e r i a l To w n c e n t e r C o l l e c t o r Re s i d e n t i a l Co l l e c t o r Re s i d e n t i a l C o l l e c t o r Re s i d e n t i a l C o l l e c t o r R e s i d e n t i a l C o l l e c t o r (N e w ) R e s i d e n t i a l C o l l e c t o r NW 8 T H S T N W 9 T H A V E NE 3 R D S T NE 4 T H S T NW 2 N D S T E BADLEY AVE W APPLEGATE ST N C A T H Y A V E W CRITERION ST N W 1 3 T H A V E N W 1 3 T H A V E N W 1 5 T H A V E NE 5 T H S T N W 5 T H S T NE 6T H ST W STOREY ST NE 4 T H S T E G RUBER AVE N E 3 R D S T N W 1 2 T H A V E W WASHINGTON ST W M AP LE AVE NW 1 4 T H S T N J A N I E L N NE 2 N D S T NW 1 S T S T N W 1 3 T H A V E NW 3 R D S T NW 2 N D S T E CARLTON AVE NW 4 T H S T W STATE ST NW 14 T H PL E IDAHO AVENW 7 T H S T N W 1 5 T H S T NE 3 R D ST W CHERRY AVE W IDAHO AVE NCREST M O N T D R N C A T H Y L N N W 1 4 T H A V E N W 5 T H S T E CAR MEL DR NW 1 1 T H S T W Y O S T CT W MCG LI NCHEY A V E N W 7 T H A V E N C R E S T M O N T D R N W 7 T H A V E N W H I T E L I L Y A V E W NORTH GATE CT W C A R LTON AVE W CAMELLIA LN W N ORTH GATE AVE NW 4 T H ST E WAS HINGTON AVE W IDAHO AVE W CARLTON AVE NW 1 S T S T W CHERRY AVE W WASHINGTON ST W MAPLE AVE W ELM AVE N E 2 A N D A H A L F S T E B A R B A R A DR N I B E R I S A V E NW 1 5 T H AV E W PACK AVE E STATE AVE ESPINOSADR N W 1 3 T H A V E W CARLTON AVE W CLARINDA D R W CLARINDA ST N W 6 T H S T E B A R B A R A DR N L A W N D A L E D R N B U E N A V I S T A A V E W ELM PL W STOREY AVE W Y OST AVE W C AMELLIA AVE N W 9 T H A V E N W 1 5 T H A V E E WASHING TON AVE N W 1 2 T H S T W LAW NDA L E D R N M I D T O W N S T NW 7 T H S T W CARLTON ST N W 3 R D S T NW 1 0 T H S T W MAPLE AVE W WASHINGTON DR N L E I S U R E L N ELYNN DR N W 1 1 T H A V E3N1W023N1W01 3N1E06 3N1W11 3N1E07 3N1W12 Fivemi l e C r e e k Settler s C a n a l NinemileCreek N i n e m i l e C r e e k F i v e m i l e C r e e k Jackson Drain R u t l e d g e L a t e r a l Dr a i n Hunter Lateral Approved Preliminary Plat Final Plat Landscape Plan & Site Amenities Item #8B: Adera –Development Agreement Modification Proposed Conceptual Development Plan & Landscape Plan EIDIAN,+ - I DAJ CITY COUNCIL REGULAR MEETING AGENDA October 1, 2019 Agenda Item Number: 8 A Item Title: Final Plat for Cherry Blossom (H-2019-0064) By Doug Jayo, Jayo Land Development Company, LLC. Located at 615 W. Cherry Lane Meeting Notes: ry I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for C herry B lossom (H-2019-0064) by Doug J ayo, J ayo L and D evelopment C ompany, L L C , located at 615 W. Cherry Ln. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 9/26/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/26/2019 - 12:16 P M Meridian City Council Meeting Agenda October 1, 2019 – Page 9 of 39 Page 1 HEARING DATE: 10/01/2019 TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0064 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 44 building lots, 11 common lots and 1 other lot 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. The applicant request City Council waiver to UDC 11-3A-6B.3 to allow the existing irrigation along the southwest boundary to remain open. 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 October 1, 2019 – Page 10 of 39 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 is the same and common area has increased slightly from 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 14, 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. A plat note identifies this this lot as non-buildable. This project was continued multiple times so the applicant could address staff’s concerns with the irrigation facilities that run along the southwest and south boundary. To mitigate these concerns and ensure downstream users have access to the irrigation water, staff requested that the applicant provide a cross section to determine how these facilities affect the buildable lots of this development and the adjacent property owners (see exhibit e). As illustrated in the cross section, a portion of the ditch (smaller one) will be piped in accord with UDC standards and will be contained within the 10-foot wide PUDI easement created with the plat. However, there is a larger facility that parallels the other ditch, and is currently open and being used to provide irrigation water to the adjacent property owners to the south. A portion of this ditch does encroach on the applicant’s property and requires to be tiled unless waived by Council. The applicant is requesting a waiver and proposing a 5-foot wide common lot along a southwest portion of the boundary to preserve a corridor for maintenance of the ditch and minimize disruption to the adjacent property owner’s irrigation systems. To minimize public safety concerns, the applicant is a proposing to install 6-foot tall wrought iron fencing along the interior edge of the common lot. If Council approves the waiver, the project has been conditioned to comply with the cross sections as depicted in Exhibit e and this will serve as Council’s approval of the waiver. 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 (see approved Findings below). Meridian City Council Meeting Agenda October 1, 2019 – Page 11 of 39 Page 3 V. EXHIBITS a. Preliminary Plat (date: 6/8/2018) Meridian City Council Meeting Agenda October 1, 2019 – Page 12 of 39 Page 4 b. Final Plat (date: 9/18/2019) Meridian City Council Meeting Agenda October 1, 2019 – Page 13 of 39 Page 5 Meridian City Council Meeting Agenda October 1, 2019 – Page 14 of 39 Page 6 c. Landscape Plan (dated: 09/18/19) & Site Amenities Meridian City Council Meeting Agenda October 1, 2019 – Page 15 of 39 Page 7 Meridian City Council Meeting Agenda October 1, 2019 – Page 16 of 39 Page 8 Meridian City Council Meeting Agenda October 1, 2019 – Page 17 of 39 Page 9 *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 October 1, 2019 – Page 18 of 39 Page 10 d. Common Driveway Exhibits (dated: 8/27/19) Meridian City Council Meeting Agenda October 1, 2019 – Page 19 of 39 Page 11 Meridian City Council Meeting Agenda October 1, 2019 – Page 20 of 39 Page 12 Meridian City Council Meeting Agenda October 1, 2019 – Page 21 of 39 Page 13 e. Irrigation Facility Cross Sections Meridian City Council Meeting Agenda October 1, 2019 – Page 22 of 39 Page 14 Meridian City Council Meeting Agenda October 1, 2019 – Page 23 of 39 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 09/18/2019 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 14, Block 2 with Development Services. b. The existing irrigation ditch that is proposed to be piped on this property along the southwest and south boundary of the subdivision (Lots 1-14, Block 2) shall be located in the center of the required 10-foot wide public utilities, irrigation and drainage easement. c. Include a new note stating that Lot 14, Block 2 is non-buildable until such time it’s re- subdivided to include additional land to the east with Phase 2. d. The irrigation facilities along the southwest and south boundary of the development shall comply with the cross section details in Exhibit e. No permanent structures, trees or shrubs shall be placed over the easement area that contains the 12-foot gravity irrigation pipe. e. Lot 15, Block 2 shall end at the common lot line between Lots 13 and 14 Block 2 as shown. Lot 14 is proposed to be accessed from the east with second phase and not from the common driveway. f. Revise plat note number 2. to reflect that irrigation water is being provided by the appropriate irrigation entity, not the City of Meridian. g. Add the following plat notes: The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owners association. 5. The landscape plan prepared by Breckon Land Design, dated 09/18/19, needs to be revised as follows: a. Fencing along the north and south boundary of common lot 17 shall meet the standards set forth in UDC 11-3A-7A.7. b. 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. Meridian City Council Meeting Agenda October 1, 2019 – Page 24 of 39 Page 16 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. 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 a djacent to the development. The applicant shall be responsible to install water mains to and through this Meridian City Council Meeting Agenda October 1, 2019 – Page 25 of 39 Page 17 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 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 Meridian City Council Meeting Agenda October 1, 2019 – Page 26 of 39 Page 18 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 e xecuted 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 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 supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source i s 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) Meridian City Council Meeting Agenda October 1, 2019 – Page 27 of 39 Page 19 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 October 1, 2019 – Page 28 of 39 jQit�E IDA*,----IN CITY COUNCIL REGULAR MEETING AGENDA October 1, 2019 Agenda Item Number: 8 B Item Title: Public Hearing for Adera (H-2019-0092) By Chad Olsen. Located at 1680 W. Ustick Rd. 1. Request: Modification to the Development Agreement to replace the existing Development Agreement (Inst. #110031366, JJA Land) to include a new conceptual development plan for a mix of uses consisting of multi -family residential, a self-service storage facility, office and retail uses. Meeting Notes: chi N r) - --f- -& �bZ/)+ - 6 Al) I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for Adera (H-2019-0092) by Chad Olsen, L ocated at 1680 W. Ustick Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 9/27/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/27/2019 - 2:23 P M Meridian City Council Meeting Agenda October 1, 2019 – Page 29 of 39 10/1/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/1/2019 Hearing Type: Council Item Number: 8-13 Project Name: Adera MDA Project No.: H-2019-0092 Active: *#* Signature City- I Wish To Sign In Address For Against Neutral Name State -Zip Testify Date/Time Sally 10/1/2019 1166 W Bacall St X Reynolds 4:49:17 PM 10/1/2019 John Schafer 2788 West Ustick Rd. Meridian X X 5:53:25 PM 10/1/2019 Beth Lucas 1922 W. Pachino St Meridian X X 5:54:19 PM Miquelle 2217 W Windchime DR 10/1/2019 X X Crosland Meridian 5:59:45 PM Holly 2240 W Teano Dr Meridian, 10/1/2019 X X worthington Idaho 83646 6:06:12 PM 10/1/2019 Jade Gough 5111 W Torana St Meridian X 6:19:17 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=316 1/1 Page 1 HEARING DATE: 10/1/2019 TO: Mayor & City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0092 Adera MDA LOCATION: 1680 W. Ustick Rd. I. PROJECT DESCRIPTION Request for a new Development Agreement to replace the existing Development Agreement (Inst. #110031366, JJA Land) to include a new conceptual development plan for a mix of uses consisting of multi-family residential, a self-service storage facility, office and retail uses. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant/Representative: Chad Olsen 104 E. Fairview Ave., #233 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 4.61 Current Zoning C-C Neighborhood meeting date; # of attendees: 4/25/2019; 0 attendees History (previous approvals) AZ-09-005 (JJA Land, Ord. 10-1445, DA # 110031366); H-2018-0096 (RZ, CUP, & MDA to develop a 96-unit MF Development). Application was withdrawn after the P/Z hearing. Public Testimony 21 individuals submitted public testimony in opposition (see the public record). Meridian City Council Meeting Agenda October 1, 2019 – Page 30 of 39 Page 2 Meridian, ID 83642 B. Owner: Buyrite, LLC 16130 N. Elder St. Nampa, ID 83687 IV. NOTICING City Council Posting Date Newspaper Notification 9/13/2019 Radius notification mailed to properties within 300 feet 9/17/2019 Public hearing notice sign posted 9/19/2019 Nextdoor posting 9/17/2019 V. STAFF ANALYSIS The existing Development Agreement (DA) (Inst. #110031366, JJA Land, AZ-09-005) was approved in 2009. At the time of annexation approval, specific details for how the site was to develop were not provided. The recorded development agreement requires those details when the property is subdivided. The Applicant now desires to enter into a new DA, terminating the original DA, because most of the original provisions are no longer applicable to development of this site. The terms of the existing DA are included below in Section VI.B. A legal description and exhibit map subject to the new DA are included below in Section VI.A. The proposed concept plan depicts one retail/office (1) pad site, self-service storage facility and eight (8) multi-family units. The multi-family development and self-service storage facility will require conditional use approval subject to the standards set forth in UDC 11-4-3-27 and 11-4-3-34; retail and office are a principal permitted use in the C-C district. NOTE: The applicant has submitted the CUP for the self-service storage facility. This project is scheduled for the October 24th P/Z hearing. The conceptual building elevations were also submitted to demonstrate the quality of design and a cohesive design theme of the future buildings in the development. Access to the commercial portion of the development is proposed via a shared driveway (right- in/right-out) from N. Linder Road and a secondary emergency access to W. Ustick Rd. for the future storage facility. The concept plan depicts the extension of a public street in the northwest corner of the development. Ideally, staff would like to see inter-connectivity between the commercial, storage and residential uses as contemplated by the Comprehensive Plan however, during ACHD’s review of this plan, the applicant was required to shift the Linder Road access farther to the north and remove the driveway connection to Crosswind Street to prevent cut-through traffic. In lieu of the vehicular connection, the applicant has provided a central gathering space and provided a pedestrian connection to integrate the proposed development. With development of this site, staff recommends as DA provision that the applicant provide a central open space and seating area. Further, Staff recommends as a provision of the DA that the Developer submit a preliminary plat application concurrent with the CUP for the multi-family development to facilitate the dedication and construction of the W. Crosswind St. Meridian City Council Meeting Agenda October 1, 2019 – Page 31 of 39 Page 3 VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VIII. Meridian City Council Meeting Agenda October 1, 2019 – Page 32 of 39 Page 4 VII. EXHIBITS A. Legal Description and Development Agreement Boundary: Meridian City Council Meeting Agenda October 1, 2019 – Page 33 of 39 Page 5 Meridian City Council Meeting Agenda October 1, 2019 – Page 34 of 39 Page 6 B. Current Development Agreement Provisions (Inst. No. 110031366) Meridian City Council Meeting Agenda October 1, 2019 – Page 35 of 39 Page 7 C. Proposed Site Plan Meridian City Council Meeting Agenda October 1, 2019 – Page 36 of 39 Page 8 D. Proposed Landscape Plan Meridian City Council Meeting Agenda October 1, 2019 – Page 37 of 39 - F- 71 �. ..-. Ai t _ R R 0 `u r2a1-t I IF t u�r tA.:�Lo 'd _ L - I"" - _ Fes, 201 E E 0, r[ F.A ,),t)T c MARTIN W. YURKE 3485 N UN's ROAL UNPLATED — ZONA f s� r a_. l 1 1 rw 77-1 L r vi k -. r ' � - - � S --- _ ._ ,.- _ _ __ _�.�.wp .. �..- : _' _ � �• 't _ .. v,��.�, _ _ _ - .fir _ ME i CE i i❑1 T`= oil M 2 SITO RAGE 8 AjO _,0000*IANPW- L-A Page 9 E. Elevations Meridian City Council Meeting Agenda October 1, 2019 – Page 38 of 39 EIDIANCDAHO -- CITY COUNCIL REGULAR MEETING AGENDA October 1, 2019 Agenda Item Number: 9 Item Title: Future Meeting Topics Meeting Notes: Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS Recommended Development Agreement Provisions: CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The applicant shall be responsible for all costs associated with the sewer and water service extension and hook-up to City services. 2. Future development of this site shall substantially comply with the attached conceptual development plan, building elevations and provisions contained herein. 3. All future development of the subject property shall comply with the City of Meridian ordinances in effect at the time of development. 4. The multi-family development and self-service storage facility require conditional use approval subject to the standards set forth in UDC 11-4- 3-27 and 11-4-3-34. 5. The applicant shall provide a central open space and seating area within the commercial portion of the development in accord with the MU-C standards. 6. The applicant shall subdivide the property and construct W. Crosswind St. in conjunction with the multi-family development. 7. Future development shall comply with the structure and site design standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 8. A 10-foot wide multi-use pathway with a public use easement and landscaping shall be installed adjacent to W. Ustick Road. Meridian City Council Meeting Agenda October 1, 2019 – Page 39 of 39