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2019-10-15 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 15, 2019 at 6:00 P M Called to Order at 6:04 pm 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt Genesis Milam L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation 4. Adoption of Agenda – Adopted 5. 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 interest or concern of public matters and is not specific to an active land use/devel opment application. By law, no decisi ons can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussi on or action. The Mayor may also direct staff to further assist you in resolvi ng the matter following the meeti ng. 6. Action I tems Public Heari ngs for Land Use Applications follow this process: Once the Public Heari ng is opened, City staff will present thei r report. F ollowing the report, the applicant is allowed up to 15 minutes to present their applicati on. Members of the public are allowed up to 3 mi nutes each to address council regarding the applicati on. If a person is representi ng a large group such as a Homeowner's Associati on, indicated by a show of hands, they may be allowed up to 10 minutes. Following all public testimony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. The Ci ty Council may move to continue the item for additional informati on or vote to approve or deny the item with or without changes as presented. The Mayor i s not a member of the City Council and pursuant to Idaho Code does not vote on public heari ng items, unl ess to break a tie vote. A. Resolution 19-2169: A Resolution for the Appointment of Robert Wyllie to S eat 6 to the M eridian S olid Waste Commission and S hawn K eating to S eat 7 of the M eridian S olid Waste C ommission – Approved B. P ublic Hearing C ontinued fr om S eptember 24, 2019 for Victor y Commons M D A (H-2019-0091) by B VA D evelopment, LLC. L ocated at 130 E . Victory Rd. and 3030 S. M eridian Rd. – Continued to October 22, 2019 1. R eque s t: Modif ied D evelopment Agreement for the purpose of removing the subject property from D A I nstrument #106155843 and to be placed into a new, separate development agreement. C. P ublic Hearing for Idaho F ine Arts Academy (H-2019-0088) by West Ada S chool D istr ict, L ocated at 915 E . C entral Dr. – Approved 1. R eque s t: R ezone of 18.96 acres f rom the I -L (L ight I ndustrial) zoning district to the C -G (General R etail and S ervice D istrict). D. P ublic Hearing for Nick E states S ubdivision (H-2019-0086) by L R G eomatics, P LLC , L ocated at 1180 N. Ten M ile Rd. – Continued to October 22, 2019 1. R equest: To combine preliminary/f inal plat consisting of 4 building lots on 1.4 ac res of land in the R -4 zoning district. E. P ublic Hearing for C ity of M eridian B usiness Hours – Continued to October 22, 2019 F. P ublic Hearing for Ordinance 19-1855: An O rdinance P rohibiting Use of Compression B rakes Within the C ity of M eridian G. P ublic Hear ing for O r dinance 19-1857: An O rdinance P rohibiting the Use of Handheld Wir eless D evices While O per ating a Vehicle Upon a S tr eet or Highway Within the C ity of M er idian – No Quorum 7. O rdinances A. F ir st Reading of O rdinance 19-1855: An O rdinance Prohibiting Use of Compression B r akes Within the C ity of M er idian – No Quorum B. F ir st Reading of O r dinance 19-1857: An O r dinance P r ohibiting the Use of Handheld Wir eless D evices While O perating a Vehicle Upon a S tr eet or Highway Within the C ity of M eridian – No Quorum 8. F uture M eeting Topics Meeting Adjourned at 7:59 PM All mater ials presented at public meetings shall bec ome property of the C ity of Meridian. Any one desi ring accommodation for disabilities related to doc uments and/or the public hearing should c ontac t the C ity Cler k's Offic e at 208-888-4433 at least 48 hour s pr ior to the public meeting. All materials presented at public meetings shall bec ome property of the City of Meridian. Anyone desiring acc ommodation for disabilities related to doc uments and/or the public hearing should c ontac t the City C lerk's Offic e at 208-888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting Agenda October 15, 2019 – Page 3 of 73 Meridian City Council October 15, 2019. A Meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, October 15, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Ty Palmer, Anne Little Roberts and Treg Bernt. Members Absent: Genesis Milam and Luke Cavener. Also Present: Chris Johnson, Bill Nary, Kevin Holmes, Warren Stewart, Mark Ford, Jeff Lavey, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt ______Genesis Milam ______Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Thank you. We apologize that we are starting a few minutes late. Thank you for joining us. Always love to see a scout in the group. So, welcome. For the record it is Tuesday, October 15th. It's five minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation De Weerd: So, we don't have anyone listed under community invocation. Item 4: Adoption of Agenda De Weerd: So, I will move to four, adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda October 22, 2019 – Page 28 of 793 Meridian City Council October 15, 2019 Page 2 of 41 Borton: There are no changes to the agenda as published, so I move we adopt the agenda. Little Roberts: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: There is no proclamation that I'm aware of, so I will skip that and move to Item 6, future meeting topics, Mr. Clerk. Johnson: Madam Mayor, I think there was a misprint on yours, so proclamation shouldn't show. So, five is future meeting topics. De Weerd: Okay. Johnson: Apologize for that and there was one sign in, but they are here for a project later on the night and also signed in there. So, there is no additional. Item 6: Action Items A. Resolution 19-2169: A Resolution for the Appointment of Robert Wyllie to Seat 6 to the Meridian Solid Waste Commission and Shawn Keating to Seat 7 of the Meridian Solid Waste Commission De Weerd: Okay. So, Item 6 under Action Items. 6-A is a Resolution 19-2169. This is to add two new members to our solid waste commission. Both of my appointees are here tonight, so after you take action, Council, I will invite them up individually to come and say hello and -- and we are really excited to add two new citizen members to the SWAC. They both bring very diverse and different experience to the table. Both of them have a true passion about serving on this commission and excitement about rolling up their sleeves and -- and adding to the work that is currently being done. So, Council, I would answer any questions that you might have. If not I would ask for a motion to approve Resolution 19-2169. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda October 22, 2019 – Page 29 of 793 Meridian City Council October 15, 2019 Page 3 of 41 Little Roberts: Madam Mayor, I move that we approve Resolution 18-2169 to appoint Robert Wyllie to Seat 6 and Shawn Keating to Seat 7 of the Meridian Solid Waste Commission. Bernt: Second. De Weerd: I have a motion and a second. Any questions? Discussion? Mr. Clerk, will you call roll. Bernt, yea. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Okay. And I see Bob. Would you like to come forward and introduce yourself, tell us a little bit about yourself and whatever else you would like to say. Wyllie: My name is Bob Wyllie. Robert Wyllie. I go by Bob. I'm a retired entrepreneur. I have started several businesses, mostly involved in document management and information management. I spent 15 years with a Fortune 500 company. I spent 30 some odd years with my own companies, three of which I built and sold. Most of my experience in selling systems and implementing systems has been in the public sector. My company wrote the software for the state of California for the recycling of glass, plastic, and aluminum and that software has been running now for over 20 years. So, I have been involved on that end of solid waste. I have had a lot of experience with the military and veterans affairs. Before moving here last fall I was the commander of the Scottish American Military Society in northern California and we did a lot of military events and honors and so on. So, if anyone has any questions? De Weerd: No. You forgot to mention you're a Meridian Lions Club member. Wyllie: I worked my first rodeo this year. De Weerd: He's never done a rodeo before, but you survived right? Wyllie: I did. De Weerd: Great. Council, any questions? Bob, we are excited to have you on the team. There is a lot of activity and energy going on in our recycling discussions and programs right now. So, we welcome your experience and your voice to the team. Wyllie: Thank you. De Weerd: Thank you. Shawn, if you would like to come forward. Shawn is also in the recycling realm in his occupation. So, Shawn, if you will introduce yourself and give us a little information about your background. Meridian City Council Meeting Agenda October 22, 2019 – Page 30 of 793 Meridian City Council October 15, 2019 Page 4 of 41 Keating: Yeah. At the moment I work for IDOC, I'm an officer there. I have a recycling team that goes out and collects with all the institutions trash and from that we recycle everything we can. So, I have a sphere that is -- 14 times seven that I take out daily and just work with them on communication skills and work ethic skills and getting the job done every day. So, I deal with recycling on the aspect of Republic Services, with Western Recycling. I work with them, I work with other contractors to recycle metal and I'm just -- I'm excited to be a part of a team that is moving forward on that, so -- De Weerd: And so he can bring some of his experience and he is excited to take the experience he -- he gains back to -- to the correctional facilities and -- and apply it there. Shawn, thank you for coming. I appreciate both you and Bob being here tonight and -- and being able to give a face with a name for the City Council. Council, any questions? Okay. Thank you for your willingness to serve. Thank you. Okay. Now you guys are committed, so that's what just happened. B. Public Hearing Continued from September 24, 2019 for Victory Commons MDA (H-2019-0091) by BVA Development, LLC. Located at 130 E . Victory Rd. and 3030 S. Meridian Rd. 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument # 106155843 and to be placed into a new, separate development agreement. De Weerd: Okay. Item 6-B is a public hearing continued from September 24th on H- 2019-0091. I will for staff -- how many of you are new to our Council meeting tonight? First public hearing. Okay. Let me share with you a little bit about what to expect. So, this is for our public hearing part. We will start on the applications on the agenda. First with staff comments. They will introduce the -- the application to City Council and -- and what their review has shown. Then the applicant comes forward. The applicant has 15 minutes to share comments on their application. At that point after they have concluded we will ask for public comment. You have three minutes. There is a timer on the podium on the screen that will show you the -- the time clock. At the end of three minutes if you have not concluded your remarks I will ask you to summarize and at the end of public comment Council will have an opportunity to ask questions of any of those that had testimony, staff or applicant. The applicant has ten minutes to wrap up if they need that much time and I will note that there is a large public packet of staff comments, agency comments, Planning and Zoning minutes and public testimony in written form. So, this Council has had an opportunity to review all the documents and they will be using that in their consideration. So, with that I will turn this over to Kevin and, Kevin, just want to thank you for your service to the city. I know that this is your last City Council meeting and we are very sad to leave -- or lose you to the city of Boise. I hate to say that, but certainly we know that's where you and your family live and -- and you had some great family considerations. But thank you for -- for your service to our city. Meridian City Council Meeting Agenda October 22, 2019 – Page 31 of 793 Meridian City Council October 15, 2019 Page 5 of 41 Holmes: Well, thank you for that, Madam Mayor. That's very kind of you. Yeah. So, this first item before you is the Victory Commons development agreement modification. H-2019-0091. This property is located where the current Victory Greens Nursery is operating out of on the northeast corner of Meridian Road and Victory Road. The site consists of 16.74 acres of land, zoned C-G and some history on the property. It was annexed with a development agreement, a combined final and preliminary plat, and a conditional use permit back in 2003 and addendum to the development agreement was approved in 2006. The Comprehensive Plan future land use map designation for this property is commercial and with this application the applicant is requesting to modify the existing development agreement for the purpose of updating ownership information and the boundaries of the property subject to the new terms, modifying and adding provisions and to include a new site plan. There is two specific conditions in the current DA that the applicant has specifically identified as being the reasons for this modification request. The first is a requirement that the buildings be constructed with specific design features. These include sloped metal roofs with eaves supported by posts and a minimum of three foot wainscoting constructed a brick and stone. So, this top image here is a picture of the Legacy Feed and Fuel, which is right there at that hard corner and it's built to the standards that I just mentioned and as you can see the bottom, proposed buildings from the applicant, are a different style and do not meet those requirements. With the current -- with the current development agreement they would be required to go through the CUP process for each individual building. In addition to these -- well, actually -- so, with the -- if Council were to approve this modification staff is recommending that all new buildings do still contain common architectural features. So, these would include kind of this faux wood accents and metal panels and extra windows beyond what is required by the architectural standards manual. The second specific change that the applicant would like to make is the replacement of the existing site plan with a new one. So, here you can see the current site plan on the left and the proposed new one on the right. The larger buildings here in the center with the new plan are proposed to be multi-tenant flex space, which is a principally permitted use in a C-G zone and these other buildings along Meridian Road are proposed to be a mixture of office, retail, and healthcare services. In addition this new site plan does move the approach to Meridian Road from currently in the north -- very north of this property to a little bit to the south. The applicant has received approval from Idaho Transportation Department for this new location, provided that it be a right-in, right-out only and that a traffic separator be installed between the north and southbound lanes of Meridian Road. Staff is supportive of this relocation with the conditions provided by ITD. Since this is a state highway Council will have to approve this new location as outlined by UDC 11-3H- 4B. Some other recommended conditions from staff I would like to highlight include the connection of a micro path, which currently exists in this neighborhood to the northeast, so we would like to have that connect all the way to the -- to a future pathway here along Meridian Road. We would like a pathway easement to be dedicated as well on Meridian Road. There is currently a sidewalk that's in pretty good condition, so it seems premature to have that be ripped out and a multi-use pathway be installed at this point time, but we would like the easement put into place and also staff has recommended that with this existing pond here to the south, that it's improved with walkways and maybe a seating area, so that it can be a usable amenity for the commercial Meridian City Council Meeting Agenda October 22, 2019 – Page 32 of 793 Meridian City Council October 15, 2019 Page 6 of 41 development prior to any of these southern areas being developed. The written testimony received so far has been from Roberta Stewart, which is the applicant's representative. Generally she is in an agreement with the staff report, except for that last -- those two conditions that I mentioned around the pond. The applicant would actually like to remove the pond entirely as -- remove the existing pond, which would require the consent of the neighboring property owners who are party to the easement agreement, which created it in the first place. If they can attain the consent of these owners the applicant has submitted an alternative site plan, which, basically, looks like this, just without the pond, to be included with the DA. Staff, though, is supportive of retaining the pond and developing it as an amenity for the commercial development as outlined in the staff report before you. One outstanding issue for Council is the request to modify the standards of UDC 11-3H-4 for the access point to State Highway 69 as shown on the site plan. Staff is recommending approval with the conditions listed in the staff report and I will stand for any questions. De Weerd: Thank you, Kevin. Council, any questions for staff at this time? Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Stewart: Good evening, Madam Mayor. My name is Roberta Stewart. And Council Members. The address is 2775 West Navigator Way and it's Suite 220 in Meridian. I work for BVA Development and we are the agent for the owner of the project and that's Kuna-Victory, LLC, and I think Kevin did a great job. He absolutely outlined the project perfectly and I really don't have anything to add to it and his written summary was good and also oral presentation, but I am really concerned about the pond and it's actually a mistake of mine. We put the site plan in showing that pond and it does exist currently. It's over kempt and, you know, it's just overgrown and unkempt and it's hard to take care of and so we have talked to the owner of the Legacy Feed and Fuel and also Tim Mussell. This is the Mussell Corner Subdivision. And they are both amenable to getting rid of the pond and having more of a cohesive commercial project and that pond is -- is -- is pretty large for this commercial project and so we were going to get together in the next few weeks to work out cross-access easements and parking, but also to vacate that pond. But I went ahead and accidentally put in the site plan that showed that pond. That, then, forced Kevin to have to deal with it and I don't blame him. If you're going to have a pond like that you might need some benches and a pathway. But we were hoping that we could swap out that first site plan and put in a second one. I have already sent it over and it just basically is green shading over the pond. So, that wouldn't be part of our development in the future. There are other public amenities and open space amenities that will be going in. That micro path is about 12 feet wide. It's landscaped two feet on each side. It will meander through our project and hook up the residential neighborhoods to Meridian Road. So, I think that pathway and the walking amenity will be used far more than that pond. So, if -- if at all possible, we are hoping that the new site plan could be put into our application and approved with the DA, the development agreement, or at the very least items 10 and 11 in the conditions of approval indicate that we need to aerate the pond and put a bench. If we could just insert language that said so long as the pond exists we have to aerate or put the Meridian City Council Meeting Agenda October 22, 2019 – Page 33 of 793 Meridian City Council October 15, 2019 Page 7 of 41 benches in, so that if we and the landowners ultimately vacate that pond, then, those requirements would go away. But other than that I think Kevin did a great job and we are grateful for his hard work and if I -- if you have any questions I stand for questions. De Weerd: Thank you. Council, any questions? Okay. Thank you. Stewart: Thank you. De Weerd: Okay. Mr. Clerk, do we have sign-ups? Johnson: Madam Mayor, we did. There were eight total sign-ups. Those names appear on your desktop under sign in for testimony of them four wish to testify. Ms. Stewart was one and the next is Randy Lasher. De Weerd: Good evening. If you will, please, state your name and address for the record. Lasher: Certainly. Randy Lasher. L-a-s-h-e-r. De Weerd: Thank you. Lasher: Thank you. And wanted to say good evening, Mayor, City Council, law enforcement. Thank you for what you do. De Weerd: Could you give us your address? Lasher: Address is 267 East Observation Drive, Meridian, Idaho. 83642. De Weerd: Thank you, Randy. Okay. So, we are in -- in the pictures that went up on the TV we are in that row of homes that back up to this proposed construction and what we want to do is just maybe be more involved. I'm also the president of the HOA, as there are two other serving members here in the audience from the HOA. De Weerd: Randy, if you are speaking for the HOA you do have ten minutes if you would -- if you need to use it. Lasher: That could be helpful. Thank you. And so -- so our concern is -- for a lot of us this was the first time we have heard about this development. We were invited to kind of a preliminary presentation by the developer. Bernt: I'm sorry, Randy. You said you were or you weren't invited? Lasher: We were. Yeah. And in that presentation the information was fairly limited. Yeah, we got to see a plot plan. There were no renderings of the building, how high Meridian City Council Meeting Agenda October 22, 2019 – Page 34 of 793 Meridian City Council October 15, 2019 Page 8 of 41 they were going to be, what they look like and so a lot of the neighbors that backup to that property are concerned about heights and visibility of our unobstructed views. The people that bought homes on that row at Observation Terrace paid a lot premium for an unobstructed view and so we know nothing is forever, but we would like to have some consideration for what is going to go back behind there that could take that view away. For a lot of us -- my wife and I, we planned that this is our last home. We plan to retire there and to have a structure behind our home that every time we walk out in our backyard there could be a row of windows facing into our backyard. So, I think what we want to know primarily is what are the final -- what are the final drawings? What's the -- what's the property going to look like and how high will it be and what will that view look like from our properties and we haven't been able to get that information from the developer. So, what we are -- what I'm hoping for -- what my wife and I are hoping for is to have a meeting with the builder, have a meeting with the developer to get more information on what exactly is going to go back behind. We have -- we have their version and I can appreciate that, but from our perspective -- this is all coming as kind of a surprise and I think -- I think we, as members of Meridian, would like to be more involved in -- not so much what they are doing back there, because, believe me, having the nursery and the dirt gone and some of the tractor noise is -- is going to be a good thing. So, we are okay with replacing the nursery, but our major concern is what's that view out back going to look like from the fence line up. We are going to lose views of some nice trees and so what we are asking the Council to do is -- is help us figure out how high that building is going to actually go from ground level, what we are going to see as homeowners, because it could affect our resale, it could affect our quality of life. There is going to be more noise back there with all those tenants, but the primary reason we are here tonight is to just get clarity on what the final design will look like and what's going to happen to our views. Questions? De Weerd: Thank you. Lasher: You're welcome. Borton: Madam Mayor? De Weerd: Mr. Borton. Randy, I'm sorry, we do have a question. Borton: Too slow or you were too quick. De Weerd: He was too slow. Lasher: I think I was anxious to sit down -- to sit down. Borton: You were scooting quick. Remind me that topography of that area. I have been out there, but does it slope down -- Lasher: Yeah. Meridian City Council Meeting Agenda October 22, 2019 – Page 35 of 793 Meridian City Council October 15, 2019 Page 9 of 41 Borton: -- as you go into this project? Lasher: Yeah. So, Observation Terrace is elevated above that nursery by probably ten or 12 feet. There is a -- if you go climb over our fence there is an easement there that the water -- the irrigation line runs through. Borton: Right. Lasher: If you go from that ground level, which is our ground level, there is about a ten foot drop off to what looks like would be grade for the building. So, there is -- there is some ten -- there is about a ten foot relief there that a single story would be fine with. It's when we get above that -- when we get above that ten feet, 12 foot build height is when we start encroaching into our views and so our concern is -- being that this kind of came out of left field -- is what -- what is the final building going to look like and what's that going to -- what's that -- what's the overall finished height going to be. De Weerd: So, you probably like that they have a flat -- they have changed the design from the slope roof to the flat, because that won't add to the height. Lasher: Yeah. And that -- that's a good thing. But, then, as -- as the pictures were put up on the screen, I saw some different roof lines. I saw some peaks that aren't on -- on their website rendering. So, I'm not really sure what the final building is going to look like, because every time we look at it it looks different and when we went to the very first kind of -- come see what we are going to do, there were no renderings. De Weerd: You only saw the plat that you see on the screen right now? You can see it -- in front of you. Lasher: Oh. Yeah. De Weerd: Yeah. Lasher: So, this is -- this is the plot -- plan I'm looking at now. Bernt: Right. De Weerd: Yes. And the -- the color one. Lasher: Right. De Weerd: That is the modified site plan. Lasher: But that's just the plot plan. I don't see any -- I don't see a structure on what -- De Weerd: Right. But this is what they showed you -- shared with us at the neighborhood meeting? Meridian City Council Meeting Agenda October 22, 2019 – Page 36 of 793 Meridian City Council October 15, 2019 Page 10 of 41 Lasher: They did show us this, but what they -- and what I asked for was do you have something showing us what the building is actually going to look like? Because this doesn't represent the structure, this just represents how it will be laid out. De Weerd: Right. Lasher: And the response was, no, we didn't bring anything. So, we are trying to figure out what the heck's going back behind us and how tall it's going to be. De Weerd: Okay. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: One last question, Mr. Lasher. So, no detail was provided to you by the applicant regard to how high their buildings are going to be. So, you basically know nothing. Lasher: Correct. We did ask at one of the -- at the only meeting that they offered and all the information they would give us was it could be 24 to 27 feet. The overall height of the structure from ground level to the top level would be anywhere from 24 to 27 feet. Well, if there is a ten foot drop off, there is still seven -- 14 to 17 feet that's unaccountable that could now become our view and that's what we are trying to figure out. De Weerd: Thank you. Lasher: Yeah. Any other questions? Bernt: No, sir. Lasher: Can I leave now? De Weerd: Yes. Lasher: Thank you. De Weerd: Mr. Clerk. Johnson: Madam Mayor, next is Joel White. De Weerd: Thank you for joining us. If you will, please, state your name and address for the record. White: My name is Joel White. I live at 201 East Observation Drive here in Meridian. Meridian City Council Meeting Agenda October 22, 2019 – Page 37 of 793 Meridian City Council October 15, 2019 Page 11 of 41 De Weerd: Thank you. White: Madam Mayor, Members of the City Council, I want to follow up on Randy's presentation a little bit. I live in one of the houses about direct the center of the houses that face this proposed structure or development and did a little checking on some of the things Randy talked about. I went out and did some measurement and found out that we have an elevation, as you said, above the ground that our lots sit on and I have a six foot fence above that and if you look at the six foot fence that we have all along the backside look out to see, above that is what we are talking about our view now. It works out that that fence, as best as I can determine, with a little bit of work out, there is about 20 feet above the ground level -- 18 to 20 feet above the ground level out where the structures would be. The proposed structure, if it were built, that it is 25 feet tall -- some are 25 to 27 -- is going to be that -- rather than having a six foot fence behind your house, we are going to have a 15 to 17, 18 foot fence behind our house in a sense, because that structure runs with a flat roof all the way along the -- all the way along -- pretty much all of the houses are on that -- on our level. When we purchased the property, as Randy pointed out, the premiums -- premiums for that particular setup -- the lots that face out that way was between ten and 12,000 dollars additional paid to have the view. So, what I would like to request of Council is to consider that any structure that is much above 20 feet above that ground level is going to block our view. If it is a solid structure and it appears that we are going to be on the side of the structure that contains the air conditioners, that will compound that. So, to the extent that that restriction on the height that they are going to build this can be considered requests, that that's done to keep it as low as possible. Any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: How high is your fence above -- or, excuse me, how high is your -- what's the height of your house above the fence? So, the fence is here. Doesn't your house sit above? White: No. The house is -- they are basically -- the type of construction that is there are basically built at ground level. So, I think the fence is a six foot fence and patio is about the bottom of the fence and it's about six inches up to the floor -- first floor of the house. So, basically, when you stand in the house and look out you're looking at the top of that fence. And it varies a little bit, because the fence is, obviously, not level. I happen to be at the highest point of the subdivision, so it's a little higher for me. Appears to be a couple feet lower in some other places as the property -- the property changes. Bernt: Madam Mayor, follow up. So, if you're sitting in the back of your porch, you're only talking about seeing the back of the fence right? You're not -- so, you wouldn't -- wouldn't have a view if you -- Meridian City Council Meeting Agenda October 22, 2019 – Page 38 of 793 Meridian City Council October 15, 2019 Page 12 of 41 White: If you -- if you sit down on the porch you get -- your view is more obstructed, because the fence is there. Bernt: Right. White: But if you just stand in your backyard or on your back portion and that patios -- they are all concrete patios behind the fence, so if I am standing there -- or standing inside your house looking out your kitchen window, you see the expanse now looking over at Meridian Road and Victory Road across there. If this were put there we will see the top of the building across the way and maybe the top of a couple trees and no more. Bernt: Okay. Thank you. De Weerd: Thank you. Johnson: Madam Mayor, the last sign-in is Bret Hormuth. De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Hormuth: It's Bret Hormuth and I live at 2985 South Andros Way here in Meridian. Madam Mayor, Council Members, thank you. This is all new information to me. I just found out about this subdivision and, you know, my -- what I want to say, really, is coinciding with the members of the, you know, neighboring subdivision. If you look at the plot map, the house that I reside in has that very small piece of white on it. It's in the Observation Point Subdivision. I also have a completely unobstructed view of Victory Greens and I think in addition to what the gentleman prior to me had stated, I was uninformed of a neighborhood meeting. I was not notified or invited. I don't know if it's because my subdivision does not directly border that fence behind and I don't know if that was, you know, by design or anything of that nature. De Weerd: No. The noticing requirements are 300 feet. Hormuth: Okay. De Weerd: But it should have been on NextDoor if you're a NextDoor subscriber. Hormuth: I'm not. I'm not and I was -- you know, with -- with respect was not aware that that would be a necessary, you know, app on my phone to be a part of. I am not a technological wizard and, really, it's not -- not what I excel at, but, you know, my experience in my home is I also paid a lot premium. I am also concerned about the height restrictions or requirements to this development and I want to be informed going forward. That's just about all I have to say. So, thank you. De Weerd: Okay. Council, any questions? Thank you. That is those that indicated they would like to provide testimony. Is there anyone who wishes to provide testimony Meridian City Council Meeting Agenda October 22, 2019 – Page 39 of 793 Meridian City Council October 15, 2019 Page 13 of 41 that didn't indicate that? Yes, ma'am. Thank you for joining us. If you will, please, state your name and address for the record. D.White: I would like to say thank you for all being here this evening. My name is Denise White. I live at 201 East Observation Drive and I agree with the gentleman that spoke -- all of them that spoke before me. I have those same concerns. An additional concern I have is in some of the plans I have seen, as my husband's downloaded it for me, it talks about light industrial and that's a totally different thing than having commercial -- little office buildings and I wanted to know what that's going to entail, whether I'm going to be having car detailing, painting facilities down below me, having fumes. Just what it is going to entail for light industrial. De Weerd: Okay. We will ask the applicant to -- to help fill in those questions. D.White: Okay. Thank you very much. De Weerd: Thank you. Okay. Any other testimony? Okay. Would the applicant like to respond? Oh, I'm sorry. Was there someone else? Oh. I'm sorry I didn't see you. Well, that's all right. Thank you for being here. If you will, please, state your name and address for the record. Arnold: It's Jilene Arnold. I live at 195 East Observation Drive. I'm also part of that neighborhood that backs up to it and paid the premium lot fee to have that lot and my concern echoes a lot of that as well with the height of it and I'm losing that view. I also last minute posted information about this meeting on our Facebook group for HOA and multiple members of our neighborhood, who live within 300 feet of this structure, were not given postcards about it and I went on city records and I scrolled through the 85 scanned in postcards and a large majority of our neighborhood did not receive them. A few went out to like Middleton and Kuna and different HOA companies, but a large number of our neighborhood members did not hear about this meeting until late last night and were unable to come. I also have a concern about the micro path connecting into our neighborhood. I'm not sure how I feel about a public walkway that will go up and into the neighborhood, because it comes in between yards, which have low fence lines and it just feels a little -- so, I think I would like to have that issue addressed as well as we get more information about the plans going forward. De Weerd: Thank you. Mr. Clerk, will you, please, talk about our public noticing. What is required by law, what we do over and above and -- since that has come up a couple of times. Johnson: Absolutely. I'm going through the property owner list now and as you know that is listed by the Ada county assessor, the actual property owner. So, in the case that somebody is in Kuna or Middleton, they are listed as the property owner with the assessor, so if someone happens to be renting or it may be in a family trust, it may go to the address that basically receives the tax notices. So, the city requires a notice mailed to anyone within 300 feet of the property line, according to the Ada county assessor's Meridian City Council Meeting Agenda October 22, 2019 – Page 40 of 793 Meridian City Council October 15, 2019 Page 14 of 41 ownership log. The applicant has to post on the site at least two locations noticing that the -- that there is a public hearing about it and, then, we are also required to post in the newspaper, which we do at least 14 days prior to the date of hearing. In addition to that we do post on NextDoor. We post it on our website. And, then, we on some cases send a second notice. In this case we actually noticed for 10/15, because we did miss the first notice and this is one we continued from before. So, we do the website and NextDoor are the things we do in addition and, then, there are three other things required as well. De Weerd: Thank you, Mr. Clerk. Okay. If there is no further testimony -- no -- any anyone else who would like to testify? I would ask the applicant to respond. Stewart: Thank you, Madam Mayor. De Weerd: Your time is already up. Stewart: Sorry. De Weerd: No. I'm -- I'm kidding. Stewart: Thank you very much, Madam Mayor and Council Members. Actually, it's a beautiful neighborhood and I completely understand their concerns, but I was very grateful for Joel White. He was the second gentleman that came up and he -- he went out there and measured and he said, you know, that if it got higher than 20 feet it might obscure his view. Well, the building that we put up there, the flex space buildings, are 20 feet. I think they are like 20 feet and a couple inches. Something like that. So, that's wonderful. It is a flat roof and it really -- it really shouldn't obscure the view. I think that that embankment is closer to like 15 feet. It's pretty steep out there. So, these flex based buildings are actually single stories with a mezzanine. So, most -- although it looks like a two story, most of the windows on the front are just dummy windows. Most people will just use it as a single story and, then, you can have like a loft mezzanine up there. But they are kind of squat buildings and there are -- they are around 20 feet. So, hopefully, it really won't affect their views that much and Mr. Lasher, Randy Lasher, he came to the neighborhood meeting and I -- I would hate to think that we didn't give them the information that he asked for. I personally recall -- and it was back in July, so I can't -- I may not be accurate, but I think I e-mailed with him two and three times and I can see his renderings in his hands and I'm pretty sure I might have sent him the building renderings, so -- but I don't know. Maybe I'm wrong about that, but I thought I was trying to give them as much information as possible. And Tom Peterson might have told him that the buildings were around 24 feet, but, actually, they are 20, so -- and to answer the last question about what is the flex space building, it's actually -- it's not so much light industrial, but you can use it for kind of a commercial light industrial application. It will have a beautiful retail front for customers that come in, but the backside you're able to like bring in trucks and load and unload a little bit, like if you were a carpet shop or something. But there will not be any automotive shops or anything like that. There is healthcare business there. Retail business there. Office Meridian City Council Meeting Agenda October 22, 2019 – Page 41 of 793 Meridian City Council October 15, 2019 Page 15 of 41 building there. We are not going to have chop shops and that kind of thing there. It's a -- it's a nice commercial project. Bernt: Madam Mayor? De Weerd: Yes. Bernt: Roughly square footage of -- of each unit? Stewart: The whole building is 36,000 square feet and I think -- and it's -- it's modular. You know, I don't know. Maybe it's 12,000 or so. I knew at one time, but I don't know off the top of my head. They can -- you can actually kind of buy them or rent them in -- almost like ordered in pods and, then, you can choose to put the mezzanine loft in or not and, then, it's just a single story. But that's why it's kind of squat. It's not as tall as a typical two story. De Weerd: And this is strictly commercial, not industrial, not light industrial, just -- Stewart: Commercial. De Weerd: I wanted you to clarify that, because I hadn't heard light industrial in any of the conversation. In this you envision a mix of office, retail, and health -- healthcare services. Stewart: Right. De Weerd: Okay. Council, any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I appreciate those comments and it sounds like in the hearing the concerns of the neighbors that -- maybe you already contemplated this, but a provision of a modified DA could include a height limitation on those parcels on that northwest that you're referencing. That no parcels can -- or none of those projects can exceed 21 feet, for example. It sounds consistent with your existing plan, but it also gives the neighborhood the assurances that they want the cap on that height. Stewart: Yeah. That -- I think that would work. I think it's a little bit over 20 feet. Just a few inches. Borton: I wonder if -- Stewart: Before that was settled I would want to double double make sure that I got those correct from the architect, but I had to find that out a few weeks ago and it was Meridian City Council Meeting Agenda October 22, 2019 – Page 42 of 793 Meridian City Council October 15, 2019 Page 16 of 41 right on 20 feet. We prefer not to have that. It does limit our options. But the site plan is showing those flex plans -- flex plans and that's our height. Borton: Okay. Thanks. De Weerd: Okay. Any other questions? Thank you. Stewart: Thank you. De Weerd: Oh, I don't know if it's a question for you or probably Kevin. About the micro path. A micro path will connect with a pathway I assume that is already in the neighborhood that's -- that's adjoining this? Holmes: Correct. Madam Mayor, Members of Council, there is a pathway -- if you can see my cursor -- right through these two lots here. Right now it's a micro pathway to nowhere and I imagine people probably cut through there and -- to get to Meridian Road regardless. As staff when we see a micro pathway to nowhere within -- our pathways master plan does show a pathway along Meridian Road. So, when you see those two it -- it makes sense to us to have a recommendation to connect the two. De Weerd: Thank you. Unless you have anything to add. Stewart: No. De Weerd: Okay. Thank you. Stewart: Thank you. De Weerd: Okay. Council, any questions for staff, the applicant, or any of those that provided testimony? Borton: No questions, Madam Mayor. I will just -- just some comment on some thoughts as we go through the -- the application materials and hear the comments of the public and the applicant. This is a common situation where we step into and sometimes the public steps into a project that is sort of flowing from previous approvals and it's a parcel that has some entitlements and some ability to do some development on it and we -- we have a chance at these requests to modify a development agreement to try and perhaps capture some ability to improve the compatibility of a development like this with its neighbors. So, some of the considerations that -- that were important in reviewing this one -- the access review and ITD and the right-in, right-out component, trying to ensure safety. There is the connectivity of the micro pathway. Trying to facilitate some opportunities for individuals to get out of their vehicle. It's part of our -- our larger pathway connectivity perhaps to some of these area restaurants or shops from the community is something that we have been trying to promote. So, that was important as well. One of the elements of the 2006 development agreement -- in fact, it was encouraged and it was referenced in Kevin's initial comments -- was the intent and Meridian City Council Meeting Agenda October 22, 2019 – Page 43 of 793 Meridian City Council October 15, 2019 Page 17 of 41 the hope that some of the site design have these peaked roofs and some of these architectural elements which are consistent with what's up on the corner, all with good intentions, but now perhaps that type of site design creates a -- perfect. Thank you. Seems to create a real potential for a larger obstruction of view corridors, quite frankly, and that's an entitled right that this project could do today. Without any of our approvals they could build that -- what we saw previously with these peaked roofs, which actually might hinder the view more than -- than any of the neighbors want. So, then, look at what's being proposed, which is a different design, requires us to approve a different style that would remove these gabled -- is it gabled roofs? Peaked roofs. This flatter concept in the lower left, which I think is a really interesting and attractive design as well and also now seems to meet some of the concerns of the neighbors, which I find to be a positive of the application as well. It seems to be utilizing this -- this desire to modify the development agreement, an opportunity to create a more cohesive connection with this community than what otherwise already could have occurred, because of what occurred back in 2006. So, I don't know how many of the neighbors were here in 2006 for those approvals -- probably not many. We find that a lot in our community. So, I'm supportive of this request in light of all of those considerations and the public comment and trying to see how they all address those concerns, I'm supportive of the request, supportive of what's been proposed, inclusive of -- of the micro path. I think our staff's inclusion of the pond as an amenity is a -- is a positive as well, quite frankly. I think a lot of these developments like this will -- will certainly be very successful, which means it's busy, which means that as employees -- and we found in other areas employees like amenities, whether they can go walk on a path or have their lunch near a pond on a picnic table and it just makes it a more -- kind of warm and welcoming part of the community that we might miss the opportunity if we don't include it. So, I thought it was a unique feature and I appreciate staff bringing it up as a way to make this place special. So, those are my thoughts on it. Kind of the consideration of what we reviewed and weighed that make me supportive of the application. De Weerd: Thank you, Mr. Borton. Any other comments? Okay. If there is nothing further I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I will make one and see if there is some discussion. I move we close the public hearing -- De Weerd: Just -- there is a gentleman I think who would like to -- Randy would like to -- Mr. Lasher I think comment on a comment that the applicant made. I'm assuming. You will need to come up here. Otherwise we can't get you on the public record. Thank you. Lasher: Thank you. Meridian City Council Meeting Agenda October 22, 2019 – Page 44 of 793 Meridian City Council October 15, 2019 Page 18 of 41 De Weerd: If you will, please, state your name one more time. Lasher: Randy Lasher. De Weerd: Thank you. Lasher: So, I wanted to respond to the representative's claim that she provided the images for me. My -- my e-mail communication with her was requesting that she bring some renderings showing the structure to that meeting where we saw the plot plan and it was -- it was an attempt to get information and when we were at the meeting I asked her were you able to bring renderings, because there were no renderings there, and her response was, no, I forgot. So, those renderings that I brought up here were provided by Mr. White, who went onto their website and printed them down. I'm not going to suggest that there is a -- that there is a conspiracy to withhold information, I won't go that far, but it just does seem like as neighbors who could be affected by this construction that there is not a lot of information coming our way voluntarily and that we -- we shouldn't have to, you know, go digging into something that -- that -- if the developer wants us to all be in harmony, let's -- let's show -- show your cards, show us what you're building. The other thing I wanted to point out is in that initial meeting we -- I asked specifically, as did my wife Anita, well, how high do you think the structure will be? And multiple -- in multiple responses it was somewhere between 24 and 27 feet. Hearing now that it's 21 is interesting, because the attorney who was there representing the development, said specifically 24 to 27 feet. So, again, maybe -- maybe this is a time to pause the project, get the developer to do some measurements, hold a meeting with the homeowners whose homes -- this is going to be our last home, who paid lot premiums anywhere from ten to fourteen thousand dollars, whose views are now affected by this. I appreciate the Council's design idea, but I just feel like this developer isn't being forthright with all the information that we should have figuring that this is backing up to our properties. I'm not trying to be difficult, not trying to be a troublemaker, but if the information is provided to us we will go along with it if it makes sense. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Mr. Lasher, I really do appreciate your comments and I appreciate your concern. I don't think that there -- I think -- I think they are well deserved for sure. But my question to you is -- is there anything from the applicant after she came up and re -- and spoke that you have concerns with now? Lasher: Yeah, there are. Bernt: So, like she -- you heard that it's going to be under 21 feet and they are willing to put that in the development agreement. That means that it won't be over 21 feet. They can't. It's -- Meridian City Council Meeting Agenda October 22, 2019 – Page 45 of 793 Meridian City Council October 15, 2019 Page 19 of 41 Lasher: And what -- does that include the -- the gables, the roof lines, the air conditioning, as Mr. White pointed out? Is that an overall height that will not be exceeded or will there be -- will there be allowances for certain things? Bernt: Madam Mayor. I can't speak for her. She would have to come back up and respond, but -- we will have her come back up. But I was under the assumption that that's what she said, but she can speak for herself. Lasher: Okay. And one last point is if we are looking for conformity, if the idea is to -- to master plan Meridian, which is one of the reasons we live here, is the whole master planned philosophy coming from one before, it works really well. It protects our property values. It makes it a great place to live. If conformity is -- is -- is top of mind, if we look at the industrial -- or we look at the commercial center on the opposite side of that corner, they are single story. They are single story office -- doctor's offices, dentist offices. There is no second story in that entire property adjacent to this -- to this project. So, really, if we want to work conformity, let's limit this structure to single story and, then, have the same matching conformity as the property that was there first. De Weerd: I would say, though, the pitch of the roof, you -- some of those buildings -- and I don't know what the Legacy Fuel and Feed building's height is, but a single story house is at least 20 feet tall with your roof and so that's what they are saying their -- their building will be with the flat roof. Probably across the street they have some pitch -- high pitch on some of those roofs. It could be larger -- it could be taller than the 20 feet. I think what Councilman Borton was getting to is with this new design you have a flat design, if -- if they are going to put a condition that they can't exceed the 21 feet, you do have an assurance that that's not going to exceed that -- that height. Lasher: Okay. And so when the representative said 24 to 27 feet, that's not what -- what the -- the designs that gets approved -- the designs that will end up being the final approval will be under -- 20 feet or under correct? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: This kind of got off the rails. The intent of the provision in the development agreement that was referenced is that it would be under 21 feet, which is a right that would benefit the community that does not exist today. Getting into a debate on what was or wasn't said by you or by the public to the applicant or the applicant to the public at a public meeting -- candidly this isn't really helpful to try and resolve what would be best for this application, quite frankly, and I don't want to besmirch you or the applicant -- there was a miscommunication. I'm quite certain after this -- whatever happens today you probably will go in the hallway and talk and exchange phone numbers and the applicant seems to be more than willing to discuss relevant going forward, but the request of the public was to have a height limitation. The applicant, to their credit, has conceded to abide by a height limitation. It seems like we -- we have had a good Meridian City Council Meeting Agenda October 22, 2019 – Page 46 of 793 Meridian City Council October 15, 2019 Page 20 of 41 meeting of the minds there and the development agreement will now have a binding requirement that protects all the current owners and future owners in perpetuity that there is a limitation on the height of all those parcels, which didn't otherwise exist. That sounds pretty good. Lasher: And I appreciate that, Councilman, very much. Kind of put me back on ground level. It was the inconsistencies with the lack of information that maybe got me a little spun up. In representing the HOA I felt like we should just be clear. So, thank you. Borton: Got you. Thanks. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Borton: Just one fact within the Legacy building, there is kind of a -- a second story office area, but my question for Mr. Nary is just kind of as a reminder. What -- what things are we as a Council allowed to consider when -- when deciding whether to approve or -- or deny the modification? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Palmer, I guess that's a pretty broad open-ended question and it is a contractual agreement. So, basically, they are asking for some changes that -- you don't have to agree to any of it. You can certainly agree to what they have requested, which is a height limitation. For the public's purpose we don't limit stories, we limit heights. So, we don't -- stories really aren't really relevant in the building context. It's really based on height. But, otherwise, you know, the uses are based on the zone, so they are limiting some uses on -- in that zone. You can certainly agree to that. But I don't know if I'm answering your question. Is there a specific thing you are wanting? Palmer: Madam Mayor? I know there is -- there is different situations in which we are not allowed to consider. For example, adjoining property values in making the decision -- Nary: Oh. Palmer: -- that kind of thing. What -- what -- what have we heard from the public that -- that legally we shouldn't be considering, if any? Nary: So -- okay. Now I understand your question. So, Madam Mayor, Members of the Council, for example, you have heard a lot of testimony about paying for a view corridor or a view for these properties. That's -- that's an agreement between the property seller and the buyer and the city is not a party to that. So, unless there is something on a deed restriction that restricts the property that's being asked, like this Mussell corner Meridian City Council Meeting Agenda October 22, 2019 – Page 47 of 793 Meridian City Council October 15, 2019 Page 21 of 41 property, there is a deed restriction to it. That, again, is incumbent on the property owner. That's not a city's consideration. So, whether they paid an additional lot price for that for the view, I don't know what that means. That's not something the city can consider in making your determination. I don't know if that was a view to the front or a view to the rear, but, in reality, it doesn't make any difference for our approval or agreement to this development agreement. Does that answer your question? De Weerd: And the -- the current DA doesn't have any height restriction in it at this point. Nary: Madam Mayor, I'm not certain. I don't believe so. And I think all that was allowed is whatever is allowed in that zone, which I think are higher than 21 feet. De Weerd: Okay. Thank you. Yes. You are always allowed the last word. But don't talk until you get to the microphone. Stewart: Madam Mayor -- De Weerd: If you will, please, state your name again. Stewart: Roberta Stewart. De Weerd: Thank you. Stewart: Thank you, Madam Mayor and Council Members, for letting me come back up again. I am just going off my memory. I -- that those -- if I were to look at the building, it's 20 feet, but that may not -- when you look at the architectural plans. But there are mechanical units and other things that will pull -- and they are spotty, you know, on top -- that are going to pull it above 20 feet and I can't even say for sure that I -- I have it right on, but it's -- I'm pretty sure it's pretty -- it's closed, but I would hate to go back to my boss and tell him that off my memory I got us stuck at a limitation. It's because I was put on the spot and I -- I -- nobody showed up at the neighborhood meeting, except for four people. I didn't know we would, you know, have such a height controversy tonight and I was not prepared with the architectural plans to tell you the exact height. They are, basically, single story, but they definitely could go over with mechanical, you know, and so that would be a severe limitation. These are a prototype plan that we would like to put in other places. They are architecturally already done, just kind of put them on different sites, and if -- if it is a little more than 21 feet, then, it won't work and all those -- those wonderful little flex sites will be down the tubes and I will probably lose my job. But my memory is just -- De Weerd: Well, we certainly don't want you to lose your job. Would you like us to -- Stewart: Well, hopefully, I won't. I was kidding, but you never know. De Weerd: Would you like us to continue this? Meridian City Council Meeting Agenda October 22, 2019 – Page 48 of 793 Meridian City Council October 15, 2019 Page 22 of 41 Stewart: Well, I think it would be very dangerous for me to agree to a height that I can't say -- I don't have committed to memory. I just can't say. I don't have the plans in front of me and it was quite a few weeks ago when I looked at them. So, I think that's the only thing I can do. I do want to remind Council Members that we -- you know, we have -- we can go much higher in the C-G zone and the Legacy is probably much higher than that, too, so -- and we are trying to accommodate them as much as possible. It might be even just two or three feet more than an average two story -- you know, less than a two story building even. So, I would hate to give up what we have a right to do and if we weren't trying to modify the DA, like Council Member Borton said, we could -- we could go much higher. Much higher. De Weerd: You could, put, then, you would have to follow the DA as written. Stewart: And there was not a height limitation on the earlier DA, so -- so anyway -- so, please, don't limit it to 21 feet at this point. I just -- I don't think I'm accurate enough. I can't do that. I can't agree to that. De Weerd: Okay. Thank you. Stewart: Thank you. Borton: Interesting. De Weerd: So, Council, what would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, the -- and I appreciate the concern. I -- it's understandable that it's a big deal for you. It was obviously -- at least to my mind a big deal for the consideration of the approval and it's very important to your neighbors, which you -- it's probably important to you and your client to be good neighbors with them. So, I think the Mayor's suggestion of a continuance -- I can't imagine it takes a week, quite frankly, to understand what those height limitations are, but I think it's really important to -- to have language in there that has a cap that gives the applicant and the neighboring community that certainty that what you are describing -- and, quite frankly, this might be a non-issue. You might find out that it is 21 feet and we are all good and we can proceed next week, if that's the way the Council wants to go. My thought is bump it a week, let you answer the question. I guess the public hearing would stay open for the issue of height. We don't necessarily need to rehash the whole application, but that's an option for us if we want to do that. De Weerd: Okay. Any further questions? Comments? Palmer: Madam Mayor? Meridian City Council Meeting Agenda October 22, 2019 – Page 49 of 793 Meridian City Council October 15, 2019 Page 23 of 41 De Weerd: Mr. Palmer. Palmer: The -- so, if I'm interpreting our code right, the -- the maximum building height in C-G zoning is 65 feet. So, what they are proposing building is nowhere near 65 feet. In fact, the applicant has asked us to make a decision based on -- of what is allowed within the zoning and we can continue to continue to continue what we do a lot of here or we can make a decision based on all of the logic that you propose and also the fact that legally we can't even consider the -- the viewship purchase that took place at the time that they were -- that the lots were purchased. I mean what's being proposed here is beyond a reasonable -- I wish we could just make a decision and move on. Madam Mayor, then, with that I would move that we close the public hearing on Item 6-B. De Weerd: Okay. I have a motion to close the public hearing. Do I have a second? Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I guess we get to bring everybody back together again and waste more of your time. Appreciate it, though. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't think continuing -- continuing to limit a discussion to try and address the interest of the public as the applicant's proposed is a waste of their time if it gets us to the right result. It's an opportunity to make this blend. So, I will make a motion that we continue Item 7-B to October 22nd and keep the public hearing open for the limited purpose of addressing the height condition cap that could be placed upon this as part of a DA modification. Little Roberts: Second. De Weerd: I have a motion and a second. All those in favor of the motion, please, indicate by saying aye. Those opposed say nay? Palmer: Nay. De Weerd: Okay. The ayes have it. So, we will continue this public hearing until next week. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. Meridian City Council Meeting Agenda October 22, 2019 – Page 50 of 793 Meridian City Council October 15, 2019 Page 24 of 41 C. Public Hearing for Idaho Fine Arts Academy (H-2019-0088) by West Ada School District, Located at 915 E . Central Dr. 1. Request: Rezone of 18.96 acres from the I-L (Light Industrial) zoning district to the C-G (General Retail and Service District). De Weerd: Okay. Item 6-C is a public hearing for H-2019-0088. I will open this public hearing with staff comments. Holmes: Thank you, Madam Mayor, Members of Council. This application before you is for the Idaho Fine Arts Academy rezone application. This site consists of 18.96 acres of land, currently zoned I-L, located at 915 East Central Drive, just north of I-84. So, this is adjacent to the joint ISU-Renaissance High School campus to the east. You have the Idaho State Police campus to the north on the other side of central and office uses to the west. The current Comprehensive Plan future land use map designation for this area is commercial. The applicant is requesting a rezone of the property from I-L, which is light industrial, to C-G, general retail and service. The current I-L zoning does not allow educational institution uses, while in the C-G they are a principally permitted use. The southern lot is currently approved as a parking lot for ISU and you may have noticed it's currently under construction. West Ada School District has submitted this conceptual plan for the Fine Arts Academy on the northeast corner of the northern lot. Staff is supportive of the overall use, but the specifics of this site layout and building design will be reviewed through the certificate of zoning compliance and design review process. So, typically, the city does require a development agreement with any rezone application, but in this case staff is recommending that none be executed here for a couple reasons. First, the proposed C-G zoning does match up with all the surrounding properties. So, even in the case that the school district plans were to fall through, any development would have to comply with standard UDC requirements. This, obviously, limits uses to those already deemed compatible with the commercial areas and/or would require a conditional use approval. In addition, the Comprehensive Plan does direct staff to, quote, look at ways to streamline the permitting and land use review process for approval of new school facilities, end quote. So, by foregoing the DA we have eliminated the potential for the school district to need to come back to the Council potentially multiple times as they progress through the -- developing the facilities on this site. The city will still review all proposed developments through the CZC and design review process to ensure all code and design standards are met. The P&Z Commission recommended approval. A quick summary of the hearing -- really only had Jacob Rivard -- Rivard, excuse me, speaking as representative for the applicant in favor and there was no other public testimony and, really, the only issue that was discussed was if a DA should be required and the Commission was of the opinion that one would not be needed. There was no changes to staff recommendations and there is no outstanding issues for City Council on this one. So, staff will stand for any questions. Borton: Thank you, Kevin. Council, any questions? Is the applicant here? Go ahead and state your name for the record. Meridian City Council Meeting Agenda October 22, 2019 – Page 51 of 793 Meridian City Council October 15, 2019 Page 25 of 41 Rivard: Council Members, Jacob Rivard with Hummel Architects. 2785 Bogus Basin Drive. I'm representing West Ada School District. You know, there is really not too much more to say than what Kevin already stated. We are in the very beginning stages of this process. We are requesting a rezone, so that we can bring this needed -- Idaho Fine Arts is currently located in Eagle and bring it to more a central location within the school bounds -- or the school district and allow access -- easier access to multiple students, as opposed to where it is currently, and grow the capacity as well. It also provides us to have a synergy between the existing Renaissance High School, which is mainly STEM focused. We are really excited for the opportunity in which to be able to connect and join the different arts and sciences together. Of course, that's not my job as an architect, but I know it's something that they are looking forward to working towards. With that I will be happy to take any questions. Borton: Thanks, Jacob. Appreciate you being here. Council, any question? Bernt: No, sir. Borton: No questions. Rivard: Thank you. Borton: This is a public hearing. There is not -- excuse me. Johnson: Mr. President, no one has signed in. Borton: No one has signed in. All right. No one has signed in to testify, but it's a public hearing. Anyone here in the audience who has a desire to testify, give any comment, ask questions? Seeing none, the applicant gets the last word, you get the first word. Any -- any parting comments? None? Okay. Council, what's your pleasure? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I move that we close the public hearing for H-2019-0088. Little Roberts: Second. Borton: It's been moving and seconded to close the public hearing on Item 7-C. All those in favor say aye. The public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bernt: Mr. President? Borton: Mr. Bernt. Meridian City Council Meeting Agenda October 22, 2019 – Page 52 of 793 Meridian City Council October 15, 2019 Page 26 of 41 Bernt: Madam Mayor. Both. Madam Mayor and Mr. President at the same time. I move that we approve 6-C, H-2019-0088. Little Roberts: Second. Borton: It's been moved and seconded to approve Item 7-C. Any discussion? Seeing none, Mr. Clerk. Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. D. Public Hearing for Nick Estates Subdivision (H-2019-0086) by LR Geomatics, PLLC, Located at 1180 N. Ten Mile Rd. 1. Request: To combine preliminary/final plat consisting of 4 building lots on 1.4 acres of land in the R-4 zoning district. De Weerd: Okay. Item 7-C is -- or 7-D. Sorry. Public hearing on H-2019-0086. This applicant is asking for a continuance due to a posting error. Mr. Nary, does this necessitate reposting then? Nary: Madam Mayor, Members of the Council, I think Mr. Johnson can explain the posting issue. De Weerd: Okay. Johnson: Madam Mayor, Members of Council, this was a -- an error with the affidavit of posting we did not receive in time, so they have reposted it in time for the next hearing date if you choose to continue that. So, it doesn't require -- all the notices were done except for the posting on the site and we believe it was actually done just there was no affidavit showing that. So, they have updated their sign and are requesting to move to the 22nd with your approval. De Weerd: Is there anyone here for this item? Okay. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seeing nobody present for this item, I move we continue Item 7-D, H-2019- 0086 -- to October 22nd as requested. Meridian City Council Meeting Agenda October 22, 2019 – Page 53 of 793 Meridian City Council October 15, 2019 Page 27 of 41 Little Roberts: Second. De Weerd: I have a motion and a second to continue this. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item E: Public Hearing for City of Meridian Business Hours De Weerd: Okay. Item 6-E is a public hearing for the City of Meridian business hours. Council, we have had comment on this a couple of times and so we continue this. We thought we would have a full Council. Is there anyone here who would like to provide testimony on this item? Okay. Council, what is your desire on this? Borton: Madam Mayor, any additional feedback received by your office since last week's hearing? De Weerd: No. Borton: Okay. Bernt: Madam Mayor, question. Did we receive any notice that we had received some input on the NextDoor post. But did we receive any information -- we send out like a survey monkey to our employees to see what their thoughts are about changing the hours of operation? De Weerd: No. I -- I believe you asked that last week and the -- or the week before. We -- we did have each of our departments talk in staff meetings over the summer and into the fall about these hours seeking feedback and each of our departments have come back saying they can make this work for a pilot and we will bring feedback back to see how it's applied. Bernt: Madam Mayor, follow up. Refresh my memory, what are the departments that will -- where this pilot program will take place? De Weerd: This would be all business hours for public facilities. Bernt: Okay. De Weerd: I think the only department was the water department. There was some concern and they said we would just keep our doors open until 5:00 on Friday and, Warren, do you have any comment? Stewart: Madam Mayor, Members of Council, I believe that, yeah, the two utilities, water and wastewater, had some concerns, but they have shift hour work on a lot of the Meridian City Council Meeting Agenda October 22, 2019 – Page 54 of 793 Meridian City Council October 15, 2019 Page 28 of 41 things that they do anyway and so we -- we would make it work, but I think they -- they might decide to stay on the normal schedule for at least the office hours. De Weerd: And I think it was stated to me probably just water at this point. Any other questions? Okay. Borton: Madam Mayor, action now or action -- De Weerd: Action -- if you would like to do it now it allows us some time to communicate with the public. If the decision of Council was to approve a pilot project for November and December to come back with a wrap up to the newly electeds to see if it would continue as a permanent practice. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I defer to my -- my colleagues' preference. I'm supportive of it whether it's today or it's next week. I think there is going to be good. I think there is going to be bad. We are going to learn a lot. We are trying to do something different. I think one takeaway -- my -- my best guesstimate, I think the comments that express concern are all well founded. There might be challenges. I think some opportunities when the public sees hours outside of 8:00 to 5:00 would be a benefit that we can certainly develop, being able to come here after 5:00 o'clock. So, I'm supportive this week or next week. As long as we track the day that -- be really honest about the stuff that doesn't work and, then, if it's a disaster we -- we tried something innovative and we end it. And if it's great, then, great and we are all better for it and our public benefits. So, there is very little risk in trying. I think it's worth it. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: The only -- the only concern that I have is changing the hours of operation for the entire city as a pilot program. I -- I don't mind, you know, seeing how it works maybe with maybe a department or two, you know, to see how it functions. I think it might be confusing to our public to be changing office hours, you know, from 8:00 to 5:00 -- or, excuse me, 9:00 to 5:00 and, then, 8:00 to 6:00 and that doesn't work, going back to 8:00 to 5:00 and so I would be in support of maybe one or two departments just to see how it goes in those departments, but I can't wrap my arms around doing a pilot program for the entire city. De Weerd: I think what -- what we came to the conclusion of is you -- you can't do it halfway. There are support departments that, then, would never be allowed to try -- try it, because they have to be here when employees are -- during regular business hours. That is why we thought the best route would be trying to pilot something different and Meridian City Council Meeting Agenda October 22, 2019 – Page 55 of 793 Meridian City Council October 15, 2019 Page 29 of 41 see how that works. Otherwise, it's not doable, because you can't give that opportunity to all. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I am supportive of doing the pilot project, but I was here for a couple hours Friday afternoon and I was surprised by the number of people that I did see coming in, so I was wondering if there was any way to get like a comment box or something that was substantial enough that it could be outside and come up -- because a lot of them were seniors that may not get online and send comments. Maybe they would call. But maybe that was just an unusual Friday afternoon. But I would like to somehow have feedback from those that came to the doors and couldn't get in. De Weerd: Certainly we can look at bringing them back if -- if the decision were tonight we will bring back our plan of action next week and as we start to inform the public and post it. I -- I don't know -- we do have the comment box in the lobby -- how we could secure that. I'm not sure. But we will certainly find out. Thank you. Borton: Madam Mayor, maybe that makes sense then. We have got kind of a divided Council and we are sort of short staffed. Council Woman Little Roberts' question -- I think a suggestion is a good one, too, and there is a little more data on how we could use that to kind of capture the goods and the bads from public feedback -- might be the better decision date on this. De Weerd: Okay. Well, then, we will put this back on -- do you want to keep it open for public hearing or just put it on for action? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Keep it on for public hearing would be the preference in the off chance someone shows up and provides testimony. We haven't had a whole heck of a lot, but couldn't hurt to keep it open. Item F: Public Hearing for Ordinance 19-1855: An Ordinance Prohibiting Use of Compression Brakes Within the City of Meridian De Weerd: Okay. Very good. Item 6-F is a public hearing for Ordinance 19-1855. We will open the public hearing on this item and, sorry, Mr. Nary, who is presenting on this? Nary: Madam Mayor, this is a request that we tabled a few months ago to bring back. There was a presentation we made a few months ago about this ordinance. Direction Meridian City Council Meeting Agenda October 22, 2019 – Page 56 of 793 Meridian City Council October 15, 2019 Page 30 of 41 was to have it vetted by the Transportation Commission and it was. It actually was vetted twice and the first time I believe they were -- they were fine with it. I don't think they had a great objection. They did speak about it at their last meeting this month and there was some expressed concern that it really wasn't necessary by the Commission and so they were not supportive of -- of this moving forward. The purpose of it is is basically, if you recall, this was originally raised by the highway district. There are signs within our county that indicate when compression brakes are not allowed and the highway district puts them up in communities where they have an ordinance that prohibits to use the compression brakes. Meridian doesn't have an ordinance like this. There is -- there is a sign about compression brakes as you enter from Highway 16 on Chinden, because Ada county has an ordinance. There are ones in Star. There are ones in Eagle. There are ones in Kuna and Boise. So, surrounding us are signs from various communities. But there isn't one specifically related to Meridian. So, the highway district inquired if that was something the city wished to do. We had discussions. We did have -- I think the police commented, again, from an enforcement standpoint -- they can be difficult from an enforcement standpoint to enforce. We did have, again, some comments from the public a few months back that, basically, live along some of our corridors that were supportive, but, again, it's really a difficult enforcement tool. The one we have in front of you was similar to other communities and, again, the chief is here and Lieutenant Ford is here if you want other questions from police, but that's how it came before you initially. It was set over to -- to later in the fall to have this discussion again and basically that's all the info I have. De Weerd: Okay. Chief. Lavey: Madam Mayor, Council, I didn't come here tonight to testify and this, but since I'm here I may as well. As you recall a couple months ago when this was discussed we did have some concerns in regards to enforcement. We have been able to absorb some of those concerns and I will just share those with you -- is we would sure like to see consistency across the valley. So, if the ordinance is proposed it's consistent with the other cities, then, we could support that. But we want to be realistic in this is are we trying to solve a problem that doesn't exist or is it a small problem, because, frankly, the only way that we can enforce this code is if we witness the violation. A citizen can't witness the violation and report it to us. The other thing is the difficulty of being able to identify a driver is -- is unrealistic at best because of the height. So, the only way that we could actually write a ticket for this is to have an officer witness it themselves. So, if we are lucky enough to actually see it at the time that it is occurring we can do something about it. All the other times we can't. So, our hopes would be that any sign that's posted would get immediate compliance by merely seeing the sign, educating themselves, and realize, oh, I can't use this within our city and that was originally the thought process is that perhaps that's all that's needed. But in order for us to put a sign up in the city we need to have some teeth to back it to and so this ordinance would do that. So, I'm just here to answer any questions that may come up. We have some reservations, but we will move forward on anything that Council proposes. De Weerd: Thank you, Chief. Council, any questions? Meridian City Council Meeting Agenda October 22, 2019 – Page 57 of 793 Meridian City Council October 15, 2019 Page 31 of 41 Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: The neighboring -- do all of our neighboring cities have this ordinance, chief? Lavey: Madam Mayor, Councilman Bernt, I believe -- I'm going to have to defer to Mr. Nary, but I do believe that that is the case. Eagle, Kuna, Boise for sure. And I'm not aware of whether -- whether Garden City has or not, so -- Bernt: Okay. De Weerd: I know Caldwell does. I saw the sign last weekend when I was in Caldwell. Lavey: Madam Mayor, it -- they have signs up. Whether there is an ordinance to back them is the difference -- is the difference. De Weerd: I didn't use my compression brake. Lavey: Yeah. Because there is -- there is some -- there is some cities that have the signs up that don't have an ordinance to back it. Not -- not in the immediate valley, but it's common. De Weerd: Any other questions? Okay. Thank you, chief. Mr. Clerk, any signed up to testify? Johnson: Yes. Yes, Madam Mayor. Two people have signed in and one wishes to testify and the first is Bob and Louise Jones. De Weerd: Good evening. Thank you for sticking around and joining us. If you will, please, state your name for the record. Jones: It's Bob and Louise Jones. Our address is 3483 West Sand Wedge Street in Meridian. De Weerd: Thank you. Jones: Our purpose here is to just show our support of having an ordinance for the compression brakes -- to ban the compression brakes except for emergency purposes and whatever. We have a lot of houses and apartments that are popping out of the ground all along these major thoroughfares and we -- we live right off of Chinden. That's a major thoroughfare. Over the last couple three years I bet the traffic has increased triple. Well, that means trucks are also going down that and that means that the compression brakes -- I think they are always using compression brakes. That's what it sounds like. And when we are in our -- on our patio in the backyard you can't hardly even have a conversation because there is so much compression brakes. You Meridian City Council Meeting Agenda October 22, 2019 – Page 58 of 793 Meridian City Council October 15, 2019 Page 32 of 41 know, every truck has to stop at a signal light like anybody else, but the compression brakes and the usage of the engine brakes is very hard, very loud -- very very loud. B.Jones: I would like to address with this -- I don't know who this last gentleman was up here. He didn't introduce himself, but -- De Weerd: He's our chief of police. B.Jones: Oh. Okay. De Weerd: Chief Lavey. B.Jones: But he was talking about this ordinance being unenforceable. All of our traffic laws are not enforceable unless you have eyes on the violation. This shouldn't be any different than that as far as I am concerned. We rely more on the public to obey the laws, rather than, you know, try to prevent them and the other thing is -- what was the other thing? We would just like to see some signs. I -- there has been talk about signs. I haven't seen any on Highway 16 that talk about an ordinance. There are some signs scattered around the community that say no compression brakes, but there are no -- there is no ordinance attached to it, which are meaningless. But if we had one like -- our -- our house backs up on Chinden and Ten Mile and there is a traffic light there and these trucks are stopping all the time of course. If we could just get some signs up I think it would be a big deterrent and I talked to -- oh, a year ago I talked to ITD about putting signs up, because it's a U.S. highway, figure, well -- yeah. And they said they would be willing to do that, but they would need an ordinance to put on a sign. De Weerd: And I think that is why we are having the conversation now is the highway district did ask if we wanted to have signs up and in order to do so we needed to consider an ordinance. B.Jones: Okay. De Weerd: So, you -- you put something in motion and thank you for doing that. Jones: I guess I would be interested in knowing what the process will be from here, because just finding out that there is a public hearing -- I guess there was a previous public hearing, but I didn't know anything about it. So, there will be more hearings on this? Is this it? I mean are you going to pass whether or not you're going to have the ordinance tonight? De Weerd: The Council -- certainly we would look for direction from them on making a decision tonight or if they are not prepared, what additional information they would need. Jones: Okay. All right. Meridian City Council Meeting Agenda October 22, 2019 – Page 59 of 793 Meridian City Council October 15, 2019 Page 33 of 41 De Weerd: Thank you for joining us. B.Jones: Okay. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this item? Bernt: Wow. Mr. Hood. Hood: Good evening, Mayor and Council. My name is Caleb Hood, I'm the planning division manager here at 33 East Broadway Avenue. I'm here representing the Transportation Commission this evening. As Mr. Nary mentioned, this item has been discussed twice by them. The most recent action was on the 7th of this month. So, just last Monday. They voted five to two directing me to address you and recommend to you that you not vote in favor of this ordinance. It's not clear what the purpose is. The ordinance doesn't define brakes and the enforcement issue was also some of their concerns. I do want to thank Ms. Kane and extend that thanks. She was at our first meeting where we talked about this and she has addressed some of the things in the draft ordinance that the commission asked her to. So, this version is better, but, again, at the end of the day they voted five to two to recommend to you that you not address this -- or not adopt this ordinance. So, talk about muffled versus unmuffled being a big reason why and the definition of air brakes. Air brakes and, then, really the issue is the noise of that and the muffled part of that. I'm not going to get into a whole discussion. It's on YouTube if you want to watch it. But, again, at the end of the day that's their recommendation to you. But I would stand for any questions. De Weerd: Thank you, Caleb. Council, any questions? Hood: Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony? Chief, any additional comment? Lavey: Madam Mayor, Council, I did recall that someone did express to me that the way it currently is written that it would eliminate -- eliminate anybody using air brakes in the City of Meridian and everybody knows that commercial vehicles, including school buses, use air brakes and so we might want to pause and make sure that the wording is correct, because they are looking at engine compression brakeage, not air brakes, and if it's not worded correctly we may get ourselves in a situation that we can't get out of. So, I'm not the expert there. Someone mentioned that to me. But I would want us to take a look at the -- a good look at that read to make sure that we are not trying to make something unlawful that is unreasonable. Nary: Madam Mayor, I can answer that. So, Ms. Kane has gone through this a couple times and there was a code reference in the Idaho Code that's cited in the ordinance. So, we are comfortable that it's -- it's compliant with what could be enforced. The issues Meridian City Council Meeting Agenda October 22, 2019 – Page 60 of 793 Meridian City Council October 15, 2019 Page 34 of 41 of what -- that she's talking about enforcement in general and the traffic division notwithstanding, but this is the term of art and this does identify the specific type that people are referring to and the type that trucks use. And, again, buses are -- and buses that are public transit are excluded, so -- Lavey: Madam Mayor, Council, I think we can use some common sense there, too, because when you use actual air brakes there is not much noise there, where the rattle noise is what we are talking about. So, as long as it meets code I'm good with that. De Weerd: So, I did take an opportunity to talk to some residents in Smith's Ferry this last weekend, because we have signage along Highway 55 that you can't use compression air brakes for a stretch of that -- that aligns with Smith's Ferry. They did say that once those signs went up -- I don't know -- no one knew if there was an ordinance or not, but when the signs went up the number of incidences went down. So, it really does mirror what we heard through testimony tonight, that even the presence of the signage does make a difference, as most people want to comply with -- with the rules. Not everyone, but most. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I'm curious why the ordinance allows Fire Department and public transit to still use them. Nary: Madam Mayor. That was the recommendation in -- in the research we had, because, again, those are the circumstances they are being used -- at least from the public safety side, they are being used in an emergency situation, which is exempted. And on the public transit I think it's the same issue. These are public vehicles for public advances and that was why they were recommended in the research to exempt those. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: But if they are allowed to be used during an emergency, then, I would imagine that's when the fire department would be allowed to use them anyway, even if they weren't exempted in the code, as well as public transit. I think that if -- if anytime the government makes law, it should make itself adhere to the same laws, rather than exempting ourselves, because brakes are expensive, so the more we use them the more we have to replace them. Well, why should we take ourselves in consideration, but not the private sector? Bongiorno: So, Madam Mayor and Council Member Palmer, I would be happy to address that. So, the last fire engine that we had that had the loud Jake brakes on it is no longer in service. It's being used as our training apparatus. The new engines that Meridian City Council Meeting Agenda October 22, 2019 – Page 61 of 793 Meridian City Council October 15, 2019 Page 35 of 41 we have they are nothing like the big logging trucks you hear coming down the roads nowadays when they are going to slow down. So, when you have, you know, an 80,000 pound ladder truck coming at you, the Jake brake makes a huge difference. We are cognizant of our community and typically when we are out at 2:00 -- 2:00, 3:00 in the morning there are three settings on the Jake brakes and we tend to go to low, which makes them a lot quieter when we are coming to that stop, because at 3:00 o'clock in the morning there is typically not a lot of traffic. So, we do our best to keep that noise down. De Weerd: I guess the question is can you do that all the time? Bongiorno: I -- maybe. I mean it depends. If we are running code three, no, we can't. De Weerd: I mean not in an emergency situation. Bongiorno: Sure. De Weerd: Which is what I understand is exempt. Bongiorno: Correct. De Weerd: In practice. Bongiorno: Right. And, then, the other problems you have is whenever there is snow we are going to put the Jake brakes on low anyway, because if they are on high and the roads are icy it's going to put the fire engine in a spin. So, it's a safety thing anyway. De Weerd: So, I think you have kind of answered it is you could. Bongiorno: Yeah, we could. Again I will reiterate all of our new apparatus -- because Council has been very generous to the fire department and we have new apparatus. They are pretty darn quiet. Palmer: Madam Mayor? De Weerd: Thank you, Council. At least you can make them compliant. Mr. Palmer. Palmer: And quieter than before doesn't change the fact that they are still -- they are being used or, you know, not -- again I mean as much as everybody loves it when Congress exempts themselves from -- from laws, I think that even here at local government we should do the same. If we are going to make a law, dang it, we better adhere to it. Novel idea for elected officials to restrict themselves on something and decisions that we have to make on expenses to replace brakes and whatnot, but if this continues, which, frankly, I hope it doesn't, as I'm sure, you know, technology in all trucks is going to continue to improve, they are going to get quieter and whatnot, but if this does continue, then, we should not exempt ourselves or any other public entity. Meridian City Council Meeting Agenda October 22, 2019 – Page 62 of 793 Meridian City Council October 15, 2019 Page 36 of 41 De Weerd: Any other questions or comments? Anyone else want to provide testimony? Okay. Council. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we will close the public hearing on Item 7 -- 6-G. De Weerd: 6-F. Palmer: F. Little Roberts: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on Item 6-F. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we accept the recommendation of the Transportation Commission and not move forward with hearings on the proposed ordinance. Bernt: I will second for discussion. De Weerd: I have a motion and a second to not approve an ordinance under 19-1855. Mr. Bernt. Bernt: I -- at first glance -- thank you, Madam Mayor, for allowing me to speak. At first glance I -- the last time we heard -- had a public testimony or we discussed this -- I remember it was a public testimony. But chief came up and explained that it would be very difficult to enforce this law and in light of that I was opposed to it. I felt like there was no reason to enact a law or an ordinance that wasn't enforceable. But if the chief is saying that it is enforceable, then, I don't see a reason why we shouldn't, you know, pass this ordinance if what the chief is saying is correct and I think it's only going to help maybe some noise pollution. De Weerd: Okay. Any other comments? Mr. Clerk, will you call roll. So, the -- the motion on the table is to not approve Ordinance 19-1855. Mr. Clerk. Bernt, nay. Meridian City Council Meeting Agenda October 22, 2019 – Page 63 of 793 Meridian City Council October 15, 2019 Page 37 of 41 De Weerd: Okay. I will be no. MOTION FAILED: TWO AYES. TWO NAYS. TWO ABSENT. MAYOR NAY. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Give me a second to look at my calendar here. The calendar doesn't go into the next year. I move that we continue the public hearing on this item until the second Tuesday in January. Bernt: January? Bernt: And to explain the reason why is because we will have a whole new Council, new Mayor. We are tied at the moment. That would give a good opportunity to gain any extra information that we might need in the meantime, as well as a fresh set of eyes to look at it to make a decision then. De Weerd: Okay. I have a motion to continue. Do I have a second? Okay. The motion fails. Do I have another motion? Bernt: I'm okay with that motion, just not until January 2nd. That's a long time to be talking about this ordinance. I don't -- Madam Mayor, I'm sorry. I just don't feel like this goes to the level of a -- of a new Council and a new Mayor. So, I mean I'm okay with continuing it, if that's what Council Member Palmer wants, that's fine, but preferably sooner than the second week in January. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I don't know if this is helpful or not. This was advertised only as a first reading. You -- so, my recommendation was going to be if you want to pass this to move it to next week anyway for a second and third reading. You can still not pass it if that's the direction of the Council. But if you want to continue it, you continue the second and third reading to another date. Again it doesn't have to be next week, but I was going to recommend you not approve it tonight in its current form until we at least had noticed it as a second and third reading. De Weerd: Why don't we just not do any city business until January. I mean this is ridiculous. Okay. Do I have a motion to continue this or to deny it, pass it, whatever you want. Little Roberts: Madam Mayor? Meridian City Council Meeting Agenda October 22, 2019 – Page 64 of 793 Meridian City Council October 15, 2019 Page 38 of 41 De Weerd: Mrs. Little Roberts. Little Roberts: I move that we continue it to next week and that would be the first reading. Pass on the first reading today. Nary: Madam Mayor, Members of the Council, Council Member Little Roberts, you can either do the first reading or your -- your direction is to put it on next week for all three readings for potential approval. Again, it could get denied as well, so -- Little Roberts: We have -- wait until next week to do the first reading if we are making some adjustments to the current ordinance. Nary: Yes, ma'am. If you're going to make adjustments, yes, I would suggest that. If it's going to stay in this present form I would recommend simply moving it to next week for all three readings for this discussion and a vote either up or down. Little Roberts: Sorry. We are looking at a rather busy calendar it looks like. So, maybe the 6th. November 6th. Borton: The 6th -- Madam Mayor. Kind of the discussion was the 6th doesn't have anything on it yet. The 22nd has three public hearings so far. Ruminate about that. De Weerd: Council, certainly you can have the first reading tonight, second reading next week, and third reading and action on the first meeting in -- what is that? November 6th. So -- so, we will go ahead with the first reading under seven when we get to it, have the second reading next week and the third reading the first and ask for action at that time. Okay. Perfect. Thank you. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: Does anybody have any objection to removing the exemptions except for in case of emergency? Or does anybody see a reason to keep them there? Nary: So, Madam Mayor, Members of the Council, before you answer it, just to be sure what it says in the ordinance is emergencies to prevent a collision. So, not that they are -- not that they are responding code three and need to use them, but only in the event of avoiding a collision. So, I don't know if that will hinder the operation of the fire apparatus. I heard maybe not, but I just want to be sure you knew emergency wasn't that just an emergency vehicle in responding, so just wanted to make sure that was clear. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda October 22, 2019 – Page 65 of 793 Meridian City Council October 15, 2019 Page 39 of 41 Palmer: Then knowing that and clarifying my own opinion, I have no objection to them being exempted for use anytime they are headed towards an incident. Bongiorno: Madam Mayor and City Council, again, the ladder truck weighs 80,000 pounds. You have to use the Jake brakes on the ladder truck to slow that thing down. Otherwise we are going to be eating disc brakes and replacing rotors and drums at a high capacity by not using the Jake brakes to slow that thing down. I don't think not allowing us to not use the Jake brakes would be a problem. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And there are certainly trucks that are allowed on the roads that are much heavier and would do far more damage to their -- their own brakes on not using Jake brakes. That's why I'm against it, because I -- again, I -- I try to take into consideration the private sector. I don't -- I think you should absolutely be able to use them for that exact reason. It is a wise use of public tax dollars and that there is a system built into the truck to prevent the overuse of the disc brakes. That's the same exact thing that's built into trucks that are far heavier that are allowed on the roads and taking everyone -- all of our citizens and all of our businesses and everybody that participates in any kind of activity within the City of Meridian, this is not a wise ordinance to move forward with. However, the ordinance is on our agenda, so it's certainly going to get passed. I'm just trying to make the best improvement we possibly can before we get there. De Weerd: Yeah. I think the -- the inconsistency is from city to city is -- is why we took an existing ordinance to -- to apply it. Certainly if truckers are used to adhering to other ordinances consistency is -- is probably -- they are not going to do something along Highway 20-26 because, oh, I'm in Meridian, so now I can do something. I don't know. It -- certainly we can have the first reading, people can ponder it until next week and if you would like it changed we can have that brought back to the first meeting in November. So, we don't need a motion. If you want to continue the public hearing, along with the second and third reading, then, you can take additional testimony should there be. Okay. Any further comment under 6-F? (Mr. Palmer left the room.) G. Public Hearing for Ordinance 19-1857: An Ordinance Prohibiting the Use of Handheld Wireless Devices While Operating a Vehicle Upon a Street or Highway Within the City of Meridian Item 7: Ordinances A. First Reading of Ordinance 19-1855: An Ordinance Prohibiting Use of Compression Brakes Within the City of Meridian Meridian City Council Meeting Agenda October 22, 2019 – Page 66 of 793 Meridian City Council October 15, 2019 Page 40 of 41 B. First Reading of Ordinance 19-1857: An Ordinance Prohibiting the Use of Handheld Wireless Devices While Operating a Vehicle Upon a Street or Highway Within the City of Meridian Item 8: Future Meeting Topics De Weerd: 6-G is a public hearing for Ordinance 19-1857 -- Mr. Nary, we are losing a quorum. Is he leaving for good? Nary: So -- yeah. Yeah. Madam Mayor, if Mr. Palmer is going to leave, yeah, then, you cannot continue the meeting, so -- De Weerd: Whatever class you guys are writing this about I want to read your paper. Is he gone? Borton: Yes. De Weerd: Okay. Borton: I indicated, Madam Mayor, that we can't proceed on this matter in his absence and he said, oh, darn it, snapped, and left. So, there you have it. De Weerd: Okay. Well, I -- since I don't even need a motion to adjourn, because we can entertain a motion, Mr. Nary this just means we are done. Nary: Yes, Madam Mayor, unfortunately I have never had this situation happen before. De Weerd: This is a first. Nary: I -- I have been in Council meetings for a long time, I have never had that happen. So, yes. So, unfortunately, we can't even move to adjourn. We will move these items to the next meeting for continued business. De Weerd: So, if anyone is here to provide testimony on this next item, the use of handheld -- handheld wireless devices, I apologize that we can't take your testimony, because our meeting is over, so -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To that point, if there is anybody here, we are still on the record, this is a legislative matter. We are more than willing to sit here in the audience and visit with you. If you have got any input on it -- you're here, you came out, I'm sorry that this had to happen this way, but we will certainly listen to you off the record, outside of meeting, and get your input since you took the time to be with us tonight. Meridian City Council Meeting Agenda October 22, 2019 – Page 67 of 793 Meridian City Council October 15, 2019 Page 41 of 41 De Weerd: Okay. Borton: Whoever -- if anyone wants to do that. De Weerd: Okay. Well, thank you, Council. This meeting is adjourned. MEETING ADJOURNED AT 7:59 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _10/22 1-9_ MAYOR T -EERD DATE APPROVED -n AUG" ATTEST: CHRIS JH - IT LL '� tilFR or the Zai' E IDIA I DAHO CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 5 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: 10/15/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/15/2019 Hearing Type: Public Forum Active: Signature Name Discussion Topic Sign In Date/Time Bob and Louise Jones Compression Brakes Ordinance 10/15/2019 5:51:07 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=343 1/1 (::�/rE IDIIZAN,*-- CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 6 A Item Title: Resolution 19-2169: A Resolution for the Appointment of Robert Wyllie to Seat 6 on the Meridian Solid Waste Commission and Shawn Keating to Seat 7 of the Meridian Solid Waste Commission. Meeting Notes: 0 I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time f or P resentation: Title of I tem - Resolution 19-2169: A Resolution for the Appointment of Robert Wyllie to Seat 6 to the M eridian Solid Waste Commission and S hawn K eating to S eat 7 of the M eridian Solid Waste Commission C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Reso appointing W yllie and K eating to S WA C Resolution 10/11/2019 W yllie A pplication B ackup Material 10/11/2019 K eating Application B ackup Material 10/11/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/11/2019 - 9:28 A M Meridian City Council Meeting Agenda October 15, 2019 – Page 4 of 73 CITY OF MERIDIAN RESOLUTION NO. 19-2169 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING ADDITIONAL SEATS TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION AND APPROVING THE APPOINTMENTS OF ROBERT WYLLIE TO SEAT 6 AND SHAWN KEATING TO SEAT 7 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-6-1 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS, the Mayor and City Council of the City of Meridian deem that additional seats are necessary for the Meridian Solid Waste Advisory Commission; and WHEREAS, the Mayor and City Council of the City of Meridian deems the appointments of Robert Wyllie to Seat 6 and Shawn Keating to Seat 7 of the Solid Waste Advisory Commission to be in the best interest of the Meridian Solid Waste Advisory Commission and of the City of Meridian; and WHEREAS, the Mayor and City Council for the City of Meridian wish to appoint Robert Wyllie to Seat 6 and Shawn Keating to Seat 7 of the Meridian Solid Waste Advisory Commission for partial terms to expire September 30, 2020. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That two additional seats will be added to the Meridian Solid Waste Advisory Commission; Section 2. That, pursuant to Meridian City Code § 2-6-3, Robert Wyllie is hereby appointed to Seat 6 and Shawn Keating is hereby appointed to Seat 7 of Meridian Solid Waste Advisory Commission with terms to expire September 30, 2020; Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 15�day of October, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this) it day of October, 2019. Mayor &Y de Weerd 0 City of SEAL ����' Clerk RESOLUTION APPOINTING ROBERT WYLLIE AND SHAWN KE-AiW4-1WTf1E SOLID WASTE ADVISORY COMMISSION - Page I Meridian City Council Meeting Agenda October 15, 2019 – Page 6 of 73 Meridian City Council Meeting Agenda October 15, 2019 – Page 10 of 73 Meridian City Council Meeting Agenda October 15, 2019 – Page 11 of 73 Meridian City Council Meeting Agenda October 15, 2019 – Page 14 of 73 ��E IDAIN?-AH CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: Item #7C: Idaho Fine Arts Academy (H-2019-0088) Application(s): ➢ Rezone Size of property, existing zoning, and location: This site consists of 18.96 acres of land, currently zoned I-L, located at 915 E. Central Dr., just to the north of I-84. Adjacent Land Use & Zoning: The site is adjacent to the I-84 to the south and surrounded by properties zoned C-G on all other sides. There are offices uses to the west, the Idaho State Police campus to the north, and the joint ISU/Renaissance High School campus to the east. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The West Ada School is requesting a rezoning of this property from I-L (light industrial) to C-G (general retail and service). The current I-L zoning does not allow educational institutions uses while in C-G they are principally permitted. The southern lot is approved as a parking lot for ISU and is currently under construction. West Ada has submitted a conceptual plan for a fine arts academy on the northeast corner of the northern lot. Staff is supportive of the overall use, but the specifics of the site layout and building design will be reviewed through the Certificate of Zoning Compliance and Design Review process. Typically, the City requires a development agreement with any rezone application but staff is recommending that none be executed here for a couple reasons. First, the proposed C-G zoning matches up with all the surrounding properties. Should the school districts plans fall through, any development would have to comply with standard UDC requirements. This limits uses to those already deemed compatible with commercial areas or requires conditional use approval. In addition, the comprehensive plan directs staff to “look for ways to streamline the permitting and land use review process for approval of new school facilities” By foregoing a DA we’ve eliminated the potential for the school district to need to come back to Council, potentially multiple times, as they progress through developing facilities on this site. The City will still review all proposed developments through the CZC and Design Review process to ensure all code and design standards are met. Commission Recommendation: approval Summary of Commission Public Hearing: i. In favor: Jacob Rivard, representative for the applicant. ii. In opposition: none iii. Commenting: none iv. Written testimony: none Key Issues of Discussion by Commission: i. If a DA should be required. Commission Changes to Staff Recommendation: i. none Outstanding Issues for City Council: i. none Notes: Changes to Agenda: Item #7D Nick Estates Subdivision (H-2019.0086) applicant is requesting continuance due to a posting error. Item #713: Victory Commons (H-2019.0091) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 16.74 acres of land, zoned C -G, located at 130 E. Victory Rd. to the northeast of E. Victory Rd. and S. Meridian Rd.. History: Annexation w/ a DA, combined final/preliminary plat, and a conditional use permit in 2003. An addendum to the DA was approved in 2006. Comprehensive Plan FLUM Designation: Commercial Summary of Request: Applicant is requesting to modify the existing development agreement for the purpose of updating ownership information and the boundaries of the properties subject to the new terms, modifying and adding provisions, and to include a new site plan. There are two specific conditions in the current DA that the applicant has specifically identified as being the reason for this modification request. The first is a requirement that buildings be constructed with specific design features, including: sloped metal roofs with eves supported by posts and a minimum three-foot wainscoting constructed of brick or stone. If these design criteria are not met, the existing DA requires a Conditional Use Permit. The conceptual elevations submitted by the applicant do not meet the current design requirements. If Council approves this application, staff is recommending that a new set of common architectural features be required for all new buildings on this site to create a cohesive environment. These include faux wood and metal panel accents and extra windows beyond what is required in the ASM. The second specific change the applicant would like to make is the replacement of the existing site plan with a new one. The larger buildings are proposed to be multi -tenant flex space, a principally permitted use in the C -G zone with the other buildings envisioned to be a mix of office, retail, and healthcare services. In addition, this new site plan moves the approach to Meridian Rd. south of where it is shown in the current plan. The applicant has received approval from ITD for this location, provided it be a right-in/right-out and a traffic separator be installed between the north and southbound lanes of Meridian Rd. Staff is supportive of the relocation of this entrance with the conditions provided by ITD. Since this is a state highway, Council will have to approve the new location as outlined by UDC 11-31-1- 4B. Other recommended conditions from staff include: the connection of the micro pathway in the residential neighborhood in the northeast to the Meridian Rd. pathway; the dedication of multi -use pathway easements along Meridian Rd.; and that the existing pond be improved as an amenity with walking pathways and a seating area prior to any development in southern end of the property. Written Testimony: Roberta Stewart (Applicant's Representative) — generally in agreement with the staff report except for proposed DA conditions 10 & 11 regarding the retention and improvement of the existing pond as an amenity. The applicant would like to remove the pond, which would require the consent of the neighboring property owners who are parties to the easement agreement which established it. If they can obtain the consent of the other owners, the applicant has submitted an alternate site plan to be included with the DA which excludes the pond. Staff is supportive of retaining the pond and developing it as an amenity for the commercial development as outlined in the staff report. Outstanding Issue(s) for City Council: The Applicant's request to modify the standards of UDC 11-3H-4 to allow for the access point to SH -69 as shown on the site plan. Staff Recommendation: Approval per the conditions in the staff report. Notes: City Council Meeting October 15, 2019 AerialZoning Map Example Building with Current DA Design Standards Proposed Buildings Current DA Site Plan Modified DA Site Plan Zoning Map Future Land Use Map Aerial Map EIDIAN0 I DAH ,?-- CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 6 B Item Title: Public Hearing Continued from September 24, 2019 for Victory Commons MDA (H-2019-0091) By BVA Development, LLC., Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. Request: To Modify the Development Agreement for the purpose of removing the subject property from DA Instrument #106155843 and to be placed into a new, separate development agreement. Meeting Notes: CM �h -(9) 00�- 27Zoe -'P - N I TEM SHEET C ouncil Agenda I tem - 6.B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing Continued from S eptember 24, 2019 for Victory C ommons M D A (H-2019-0091) by B VA Development, L L C . L ocated at 130 E. Victory Rd. and 3030 S . M eridian 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 Cover Memo 10/10/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/10/2019 - 3:13 P M Meridian City Council Meeting Agenda October 15, 2019 – Page 15 of 73 10/15/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/15/2019 Hearing Type: Council Item Number: 6-13 Project Name: Victory Commons MDA Project No.: H-2019-0091 Active: � Signature City- I Wish To Sign In Address For Against Neutral Name State-Zip Testify Date/Time Roberta 2775 w. Navigator #220, 10/15/2019 X X Stewart meridian 5:39:05 PM 267 E. Observation Drive, 10/15/2019 Randy Lasher X X Meridian, Idaho 5:40:30 PM 10/15/2019 Robin Connor 250 W Galvani Dr, 83642 X 5:46:17 PM 509 E Whiskey Flats St, 10/15/2019 Ter Tate Terry X Meridian 5:46:31 PM 201 E Observation Drive, 10/15/2019 Joel White X X Meridian 5:51:21 PM 10/15/2019 Denise White 201 E Observation Dr X 5:54:09 PM 10/15/2019 Bret hormuth 2985 S Andros Way. Meridian X X X 5:57:30 PM Jilene & David 195 E Observation Dr, 10/15/2019 X Arnold Meridian 5:58:28 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=304 1/2 Page 1 HEARING DATE: 10/15/2019 TO: Mayor and City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0091 Victory Commons MDA LOCATION: 130 E. Victory Rd. and 3030 S. Meridian Rd., in the SW ¼ of Section 19, Township 3N., Range 1E I. PROJECT DESCRIPTION Request to modify the terms of the existing development agreement (instrument #106155843 & 104153422) for the purpose of updating ownership information and boundaries of the subject properties subject to the new terms, modifying and adding new provisions, and including a new conceptual site plan. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant/Representative: BVA Development, LLC 2775 W. Navigator Dr., Suite 220 Meridian, ID 83642 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 16.74 Current Zoning C-G Neighborhood meeting date; # of attendees: 7/30/2019; 4 attendees History (previous approvals) AZ-03-038; PFP-03-007; CUP-03-071; MI-06-005; DA inst. # 104153422 and addendum inst. # 106155843 Meridian City Council Meeting Agenda October 15, 2019 – Page 16 of 73 Page 2 B. Owner: Kuna Victory, LLC 901 Pier View Drive, Suite #201 Idaho Falls, ID 83402 IV. NOTICING City Council Posting Date Newspaper Notification 9/6/2019 Radius notification mailed to properties within 300 feet 7/2/2019 Public hearing notice sign posted 9/13/2019 Nextdoor posting 7/2/2019 V. STAFF ANALYSIS The applicant has applied for a development agreement modification (MDA) for the subject 16.74 acre property (parcels R5915720012 and R5915720020) from the existing development agreement and addendum (Inst. No. 106155843 & 104153422). These previous agreements were recorded in 2004 and 2006, respectively. The applicant is proposing to update the ownership and boundaries of the properties subject to the amended DA, modify and add new provisions and include a new conceptual site plan. Currently, the existing DAs governs a larger area owned by separate entities than the applicant’s property. Modifying the existing DA for the subject property will facilitate the development of the property without obtaining consent from multiple owners. The applicant is requesting Council approval of a new site plan for the properties (Exhibit D) and the specific removal of the following building design and size requirements included with the addendum to the current DA: 1. Principally permitted uses on the subject property shall be allowed without Conditional Use Permit approval, provided all future buildings have: sloped metal roofs with overhanging eaves that are supported by posts; are oriented toward the public street (Front door facing street); siding visible from the street containing at least a three-foot tall wainscoting constructed of stone, brick, or other similar materials; that each building will provide a variety of building materials and colors; and each building is generally consistent with the nine pictures submitted with MI-06-005 (attached to this addendum), as determined by the Planning Director. If a future proposed building is not consistent with the above-mentioned provisions, then the building and use shall be required to obtain Conditional Use Permit approval prior to construction and operation. 2. Future construction on the subject site shall be generally consistent with the Master Site Plan submitted with MI-06-005 (Exhibit C), as determined by the Planning Director. All buildings with frontage on Victory Road or Meridian Road will be limited to a maximum 11,000 square foot building footprint and no building on this site shall have a building footprint larger than 20,000 square feet. If a future proposed building is not consistent with the Master Site Plan, then the building shall be required to obtain Conditional Use Permit approval. The site plan and building designs submitted by the applicant do not comply with these two above requirements and would require Conditional Use Permits for each building on the site. Staff is Meridian City Council Meeting Agenda October 15, 2019 – Page 17 of 73 Page 3 recommending they be removed from the agreement and replaced with the conditions listed in Section VIII below. In order to maintain the cohesive character of the development envisioned by the original DA, staff is recommending that some shared design features be included in all new buildings on the site. All new buildings should include architectural features such as faux wood and metal panel accents and extra fenestration/windows. In addition, staff is recommending that all new buildings comply with the commercial standards of the Architectural Standards Manual. Staff has reviewed the proposed site plan and uses and found it to be in general compliance with Meridian City Code. The proposed site plan has fewer buildings, and with larger footprints, than what is currently shown in the existing DA. The applicant is proposing three of these larger buildings be multi-tenant flex space, a principally permitted use in the C-G zoning district in Table 11-2B-2. The three other buildings are proposed to be a mix of office, retail, and healthcare services. These uses are also all principally permitted in the current zoning. The proposed site plan moves the access drive to S. Meridian Rd. / SH-69 approximately 300 feet south of its current location. ITD has given their approval for this location as a right-in/right-out restricted access (see Exhibit F). UDC 11-3H-4B restricts the establishment of new approaches on SH-69 unless approved by Council at the recommendation of the Idaho Transportation Department. Since ITD has given their tentative approval (Exhibit F) and the access shall be limited to a right- in/right-out only, staff is supportive of the relocation of this access point. Council approval is needed for the location of this approach as shown on the site plan (Exhibit D). The existing plat of Mussell Corner Subdivision established a cross access easement agreement throughout the subdivision, recorded under instrument number 105085931. Staff recommends that with any future subdivision the cross access locations between the subject properties and Lots 2 & 3, Block 1 of Mussell Corner Subdivision be retained. In addition, all newly created lots shall have cross access granted between them to facilitate site integration. Staff is also recommending that the existing cross access agreement in place with Jacks Place Sub to the north be retained. At this point in time, there is a daycare which limits the utilization of this agreement but it is in the interest of the City to maintain the option should the site redevelop in the future. To ensure the site develops as proposed, staff recommends replacing sections 4, 5, and 6 of the existing DA and Addendum (Inst. Nos. 104153422 & 106155843), with new provisions. Staff has included the DA provisions that should be incorporated in the new DA, included in Section VIII below. VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VIII. Meridian City Council Meeting Agenda October 15, 2019 – Page 18 of 73 Page 4 VII. EXHIBITS A. Legal Description and Development Agreement Boundary Meridian City Council Meeting Agenda October 15, 2019 – Page 19 of 73 Page 5 Meridian City Council Meeting Agenda October 15, 2019 – Page 20 of 73 Page 6 Meridian City Council Meeting Agenda October 15, 2019 – Page 21 of 73 Page 7 B. Current Development Agreement Provisions (Inst. Nos. 104153422 & 106155843) Meridian City Council Meeting Agenda October 15, 2019 – Page 22 of 73 Page 8 ADDENDUM Inst. No 106155843 Provisions: Meridian City Council Meeting Agenda October 15, 2019 – Page 23 of 73 Page 9 Meridian City Council Meeting Agenda October 15, 2019 – Page 24 of 73 Page 10 C. Original Concept Plan Meridian City Council Meeting Agenda October 15, 2019 – Page 25 of 73 Page 11 D. Proposed Conceptual Site Plan (dated: 08/07/2019) Meridian City Council Meeting Agenda October 15, 2019 – Page 26 of 73 Page 12 E. Conceptual Building Renderings (not approved) Meridian City Council Meeting Agenda October 15, 2019 – Page 27 of 73 Page 13 F. Idaho Transportation Department Letter Meridian City Council Meeting Agenda October 15, 2019 – Page 28 of 73 Page 14 G. Parks Department Conditions of Approval Reviewer: Kim Warren / Pathways Project Manager Planner Assigned: Kevin Holmes Project Name: Victory Commons File No: H-2019-0091 Date: 10.10.19 The following will be required for development of the proposed project: CONDITIONS OF APPROVAL - PATHWAYS 1. The project developer shall design and construct multi-use pathways consistent with the location and specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways Plan Document Chapter 3) and as listed below. Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager. 2. Prior to final approval, the applicant shall dedicate public access easements for two multi-use pathways, along with additional easement width for a future (third) multi-use pathway segment. These are: 2.1 A micropath connecting the micropath that extends from the cul-de-sac at E Lake Creek/ E Observation Drive across the Kennedy Lateral Easement to pedestrian facilities at Meridian Road. Width of this easement shall equal the width of the existing pathway, plus 2’ each side. 2.2 A 10’ multi-use pathway along Meridian Road to connect the existing sidewalk east of Meridian Road to the 10’ pathway north of the property. Coordinate with adjacent owner to north as necessary to achieve this connection. Multi-use pathway easements shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). 2.3 If in good condition, the existing sidewalk along Meridian Road may remain. It is the City’s intent to ultimately achieve a 10’ detached multi-use pathway along the length of this parcel. If applicant chooses not to replace existing sidewalk, applicant shall dedicate any additional easement width necessary to provide for a future 10’ detached multi-use pathway. Submit easement documents to the Planning Division for Council approval and subsequent recordation. Use standard City template for public access easement. Easement checklist must accompany all easement submittals. 3. Construct multi-use pathways per typical paving section(s) shown in the Meridian Pathways Master Plan Chapter 3. 4. The owner (or representative association) of the property affected by each public access easement shall have an ongoing obligation to maintain the multi-use pathways. 5. Project developer shall be responsible for procuring any easements necessary to complete the pathway connection between Meridian Road and the end of the existing micro-path. 6. Project developer shall be responsible for obtaining license agreement and other permission(s) as required for constructing within irrigation district easements. Meridian City Council Meeting Agenda October 15, 2019 – Page 29 of 73 Page 15 Should any discrepancy exist between these conditions of approval and the requirements of the irrigation district, the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives. City requirements as stated shall not (nor are they intended to) override those of the irrigation district having jurisdiction over the project area. VIII. CITY/AGENCY COMMENTS & CONDITIONS Recommended Development Agreement Provisions: USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11- 2B. CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In addition, new buildings shall include the following architectural features: faux wood and metal panel accents and extra fenestration/windows. 2. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 3. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for building permit. 4. Direct cross access shall be provided between Lots 2 and 3, Block 1 of Mussel Corner Subdivision. 5. Applicant shall provide a recorded cross agreements between the subject properties and with parcels R5915720030, R5915720042, and R6242270030 in accord with UDC 11-3A-3. The recorded agreement shall be submitted to the Planning Division prior to obtaining occupancy of the first structure. 6. The existing access to S. Meridian Rd. at the north end of the property shall be closed as required by ITD and new approach constructed per ITD standards. The applicant shall install a detached sidewalk and landscape the area with a 25-foot wide street buffer to match the adjacent sidewalk and landscaping and in accord with UDC 11-3B-7C. 7. The required landscape buffer along S. Meridian Rd. and E. Victory Rd. shall meet the standards listed in UDC 11-3B-7 prior to the issuance of Certificate of Occupancy for any new construction. 8. The required 25-foot wide land use buffer to the residential uses to the north and east shall be constructed to the standards of UDC 11-3B-9. If the Meridian City Council Meeting Agenda October 15, 2019 – Page 30 of 73 Page 16 planting of vegetation be restricted by any easement, the required buffer materials shall be planted outside of said easement to comply with the standards listed above. 9. All future and existing uses on the property shall comply with the outdoor storage as an accessory use standards of UDC 11-3A-14. 10. The open pond shall have recirculated water and shall be maintained such that it does not become a mosquito breeding ground. 11. Prior to any Certificate of Zoning Compliance approvals for the area marked “Future development commercial retail storage” on the submitted site plan, the pond area shall be improved as an amenity with pedestrian walking paths and an outdoor seating area. 12. Comply with the Parks Department Conditions of Approval included in Exhibit G of the staff report dated October 15, 2019. 13. The development of the property shall substantially comply with the conceptual site plan included in Exhibit D of the staff report dated October 15, 2019. Meridian City Council Meeting Agenda October 15, 2019 – Page 31 of 73 EIDIANDAHO n-- CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 6 C Item Title: Public Hearing for Idaho Fine Arts Academy (H-2019-0088) By West Ada School District., Located at 915 E. Central Dr. Request: Rezone of 18.96 acres from the I -L (light industrial) zoning district to the C -G (general retail and service district). Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 6.C. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for Idaho F ine Arts Academy (H-2019-0088) by West Ada S chool D istrict, L ocated at 915 E. Central D r. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Commission Recommendations S taff Report 10/11/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/11/2019 - 10:08 A M Meridian City Council Meeting Agenda October 15, 2019 – Page 32 of 73 10/15/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/15/2019 Hearing Type: Council Item Number: 6-C Project Name: Idaho Fine Arts Academy Rezone Project No.: H-2019-0088 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=331 1/1 Page 1 HEARING DATE: 9/19/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0088 Idaho Fine Arts Academy LOCATION: 915 E. Central Drive (SE ¼ of Section 18, T.3N., R.1E.) I. PROJECT DESCRIPTION Rezone of 18.96 acres of land from the I-L (Light Industrial) district to the C-G (General Retail and Service District) zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 18.96 Future Land Use Designation Commercial Existing Land Use Idaho State University parking lot (under construction), athletics field and associated parking Proposed Land Use(s) Education Institution and associated parking Current Zoning I-L (Light Industrial) Proposed Zoning C-G (General Retail and Service Commercial District) Lots (# and type; bldg/common) 2 existing buildable lots Physical Features (waterways, hazards, flood plain, hillside) Nine Mile Creek along west property boundary Neighborhood meeting date; # of attendees: June 27, 2019; 1 attendee History (previous approvals) AZ-09-001; DA #99050962; PFP-03-005; CPA-07-005; H-2019-0045; A-2019-0171 Meridian City Council Meeting Agenda October 15, 2019 – Page 33 of 73 Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Joe Yochum, West Ada School District – 1303 E. Central Dr., Meridian, ID 83642 B. Owners: West Ada School District – 1303 E. Central Dr., Meridian, ID 83642 Idaho State University – 921 S. 8th Ave., Pocatello, ID 83209 C. Representative: Jessica Heggie, Hummel Architects – 2785 N. Bogus Basin Rd., Boise, ID 83702 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda October 15, 2019 – Page 34 of 73 Page 3 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Legal notice published in newspaper 8/30/2019 9/27/2019 Radius notification mailed to properties within 300 feet 8/27/2019 9/24/2019 Nextdoor posting 8/27/2019 9/24/2019 Public hearing notice sign posted on property 9/9/2019 10/4/2019 V. STAFF ANALYSIS The applicant, West Ada School District (WASD), has applied for a rezone of 18.96 acres of land from the I-L to the C-G zoning district. This request is consistent with the Commercial Future Land Use Map (FLUM) designation as noted below in Section V.A. The legal description submitted with the application, included in Exhibit VII.A, shows the boundaries of the property proposed to be rezoned. While no development is proposed with the subject rezone request, the applicant has submitted a preliminary site layout showing the construction of a new fine arts academy for the West Ada School District in the northeast corner of the property along E. Central Drive. The school is anticipated to enroll students in grades 6-12. The current I-L zoning does not allow public educational institutions. In the requested C-G zoning, public educational institutions are principally permitted, subject to the specific use standards of UDC 11-4-3-14. If the subject rezone is approved, Certificate of Zoning Compliance and Design Review for an educational institution will be required. There is no concept, or future development shown for the middle of the property that is currently improved with grass and used for recreational purposes. The southern portion of the subject property has already received Certificate of Zoning Compliance and Design Review approval (A-2019-0171) for the construction of a parking lot to serve the Idaho State University (ISU) facility to the east. With rezone requests, the City may require the applicant to enter into a development agreement (DA) pursuant to Idaho Code section 67-6511A. In this case, Staff does not recommend that a DA be entered into at this time for this property. All of the surrounding properties are already zoned C-G. The current I-L zoning this property has is incompatible with the surrounding uses and what the Comprehensive Plan FLUM envisions for this area. In the event that the WASD plans do not materialize, and this property is sold off, the requested C-G zoning is preferable to the current I-L zoning. Should this occur, the uses allowed under the C-G designation on this property would be still be subject to previous conditions of approval, administrative review, and Code requirements and conditions of the C-G zoning. In addition, staff believes that the policies of the Comprehensive Plan (analyzed immediately below in Section V.A) support the decision to create an entitlement framework for the school district which expedites development and ensures development consistent with City Code. A. Comprehensive Plan (Comprehensive Plan)) This site is designated Commercial on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The Commercial designation allows a wide variety of commercial, retail, and appropriate public uses, including schools. The proposed rezone demonstrates compliance with the following policies of the Plan: (Staff’s comments in italics) Meridian City Council Meeting Agenda October 15, 2019 – Page 35 of 73 Page 4 “Look for ways to streamline the permitting and land use review process for approval of new school facilities.” (3.02.01G) Not requiring the WASD to enter into a DA at this time will streamline the review process for subsequent phases of development on this property. “Engage all education levels (K-12) to develop a highly educated and innovative workforce with an entrepreneurial mindset.” (4.02.03D) The proposed 6-12 grade school will provide a more specialized curriculum than may not be found at a traditional high school, contributing to the diverse and innovative work force the Comprehensive Plan envisions. “Ensure compatibility of schools with neighborhoods and adjacent land uses.” (3.02.01J) To the west of this property are office uses, to the north is the Idaho State Police facility, and to the east is the existing WASD and ISU campus. All these properties are currently zoned C- G. Therefore, the proposed C-G zoning is more compatible than the existing I-L zoning. Staff has reviewed the adjacent land uses and determined they are compatible with a future educational institution or any potential other uses allowed by the C-G zoning. B. Existing Structures/Site Improvements: There is an existing parking lot and athletic field currently located on the northern portion of the property. The southern portion of the property is being developed separately by ISU as a parking lot. The provided conceptual plan shows a reconfiguration of the existing parking lot along E. Central Drive and the construction of a Fine Arts Academy in the northeast corner of the property. These site improvements are all required to be reviewed through the Certificate of Zoning Compliance and Design Review process and will be subject to all applicable code requirements and previous approvals. This includes the multi-use pathways, which are required to be built with the first phase of WASD development as a condition of approval of the preceding shot plat (H-2019-0045). C. Proposed Zoning/Use Analysis: The proposed C-G zoning district is consistent with the existing Commercial FLUM designation. While no development/use is proposed with the subject rezone, it is envisioned that WASD will construct a fine arts school on this site. Public Educational Institutions are listed as a principal permitted use in the C-G zoning district per UDC Table 11-2B-2 subject to the specific use standards of UDC 11-4-3-14. D. Dimensional Standards (UDC Table 11-2B-3): Development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district. Staff has reviewed the subject property and found the existing lots comply with the minimum property size requirement. Future structures should comply with the minimum setback, height, and other dimensional standards of the requested district. E. Access (UDC 11-3A-3): UDC 11-3A-3A and Comprehensive Plan policy 3.06.02C directs development to limit private access points on collector streets. The intent of the code and policy is to reduce congestion and conflict points that cause safety concerns. The submitted preliminary layout plan depicts retaining the existing two points of access from the northern parking lot to E. Central Dr., a collector roadway. With the CZC and Design Review application, staff recommends the applicant remove one of the existing access points to E. Central Dr. and utilize the drive aisle access approved with the short plat (H-2019-0045), along the eastern edge of the property. This drive also provides Meridian City Council Meeting Agenda October 15, 2019 – Page 36 of 73 Page 5 access to the ISU parking lot on the southern property and the existing parking lot to the east of the subject property. All of Lot 1, Block 1, should be shown/included with said CZC and Design Review application. F. Parking (UDC Table 11-3C-6): Off-street vehicle parking is required to be provided for all new developments in accord with the standards of UDC 11-3C. The design and layout of all parking facilities should be in compliance with the standards of UDC 11-3A-19. Parking calculations and configurations will be reviewed through the CZC and Design Review process. G. Pathways (UDC 11-3A-8, 11-3B-12C): The Pathways Master Plan identifies multi-use pathway segments along the western edge of this property, connecting from the southwest to the northeast corner and along E. Central Dr. Through the preceding short plat approval, the appropriate public access easements have been dedicated for these connections. A condition of approval for said short plat is that these pathways be constructed with the first WASD phase of development. With the required CZC and Design Review applications, the applicant should submit plans showing these facilities constructed to the standards listed in UDC 11-3A-8 and 11-3B-12C. H. Sidewalks (UDC 11-3A-17): A seven-foot attached sidewalk currently exists along E. Central Dr. With the first phase of WASD development, this sidewalk should be replaced with a ten-foot wide multi-use pathway in accord with the Pathways Master Plan and previous approvals for this property (H-2019-0045). I. Landscaping (UDC 11-3B): A 20-foot wide landscape buffer is required along E. Central Dr. in accord with UDC Table 11- 2B-3 and the standards listed in UDC 11-3B-7. Parking lot landscaping is required in accord with the standards listed of UDC 11-3B-8. A full landscape plan shall be included in any future CZC and Design Review applications and will be reviewed for compliance at that time. J. Waterways (UDC 11-3A-6): The Nile Mile Creek, a natural waterway, runs along the western edge of the subject property. Per UDC 11-3A-6B.1, this waterway shall remain as a natural amenity and shall not be piped or otherwise covered. The submitted preliminary site layout shows the creek remaining. K. Fencing (UDC 11-3A-6, 11-3A-7): All new fencing is required to comply with the standards listed in UDC 11-3A-7. No fencing is proposed or shown with this application. L. Utilities (UDC 11-3A-21): All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. City water and sewer services are stubbed to this site. M. Pressure Irrigation (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15. N. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Meridian City Council Meeting Agenda October 15, 2019 – Page 37 of 73 Page 6 O. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): No building elevations were submitted with this application. The applicant is required to submit elevations through the CZC and Design Review application process. All elevations shall comply with the standards of the Meridian Architectural Standards Manual. P. Certificate of Zoning Compliance (CZC)/Design Review (DR): Prior to submittal of building permit applications, CZC and DR approval is required for all structures and site modifications to ensure consistency with UDC standards, design standards listed in the Architectural Standards Manual, specific use standards, and previous approvals. VI. DECISION A. Staff: Staff finds the proposed Rezone is consistent with the Comprehensive Plan and future development will comply with the standards of the UDC; therefore, Staff recommends approval of the proposed Rezone. B. The Meridian Planning & Zoning Commission heard these items on September 19, 2019. At the public hearing, the Commission moved to recommend approval of the subject rezone request. 1. Summary of Commission public hearing: a. In favor: Jake Rivard, applicant’s representative b. In opposition: None c. Commenting: None d. Written testimony: Jake Rivard, applicant’s representative – in agreement with the staff report e. Staff presenting application: Kevin Holmes f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. Agreement that a DA is not needed 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None Meridian City Council Meeting Agenda October 15, 2019 – Page 38 of 73 Page 7 VII. EXHIBITS A. Rezone Legal Description and Exhibit Map Meridian City Council Meeting Agenda October 15, 2019 – Page 39 of 73 Page 8 Meridian City Council Meeting Agenda October 15, 2019 – Page 40 of 73 Page 9 Meridian City Council Meeting Agenda October 15, 2019 – Page 41 of 73 Page 10 B. Preliminary Site Layout (date: 4/30/2019) Meridian City Council Meeting Agenda October 15, 2019 – Page 42 of 73 Page 11 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING COMMENTS 1. Prior to submittal of building permit applications, Certificate of Zoning Compliance and Design Review approval is required for any structures and/or site modifications to ensure consistency with UDC standards, design standards listed in the Architectural Standards Manual, and previous approvals. B. PUBLIC WORKS 1. No comment Meridian City Council Meeting Agenda October 15, 2019 – Page 43 of 73 Page 12 FINDINGS C. Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds that the proposed map amendment to C-G and conceptual development plan is consistent with the Commercial FLUM designations and goals of the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement for commercial districts in UDC 11-2B-1. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends the Commission and Council consider any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best interest of city. This finding this is not applicable because the request is for a rezone, not annexation. Meridian City Council Meeting Agenda October 15, 2019 – Page 44 of 73 (�/�E IDIAN*,---,IZ �J CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 6 D Item Title: Public Hearing for Nick Estates Subdivision (H-2019-0086) By LR Geomatics, PLLC., Located at 1180 N. Ten Mile Rd. Request: To Combine the Preliminary/Final Plat consisting of 4 building lots on 1.4 acres of land in the R-4 zoning district. Meeting Notes: oJ2) I � I TEM SHEET C ouncil Agenda I tem - 6.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Nick Estates S ubdivision (H-2019-0086) by L R Geomatics, P L L C , L ocated at 1180 N. Ten M ile Rd. C lic k Here for Applic ation Materials C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 10/11/2019 - 2:48 P M Meridian City Council Meeting Agenda October 15, 2019 – Page 45 of 73 CjQ/rEI DA IDIANIZ?- HO CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 6 E Item Title: Public Hearing for the City of Meridian Business Hours Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for C ity of M eridian B usiness Hours C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate NextD oor Poll R esults Cover Memo 10/7/2019 Comments R eceived by Email Cover Memo 10/8/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/8/2019 - 6:55 P M Meridian City Council Meeting Agenda October 15, 2019 – Page 46 of 73 10/15/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/15/2019 Hearing Type: Council Item Number: 6-E Project Name: Public Hearing for City Hall Business Hours Project No.: 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=339 1/1 Meridian City Council Meeting Agenda October 15, 2019 – Page 47 of 73 1 Charlene Way From:Alexa Conway <alexaconway@earthlink.net> Sent:Thursday, October 03, 2019 10:04 AM To:Meridian City Clerk Subject:Meridian City Hall I would dearly love to have more ability to conduct business in our own City Hall in Meridian. It makes me nuts that we have to drive to downtown Boise, fighting for parking and go through so much just for basic court items. Even having a Magistrate available a few days a week in Meridian would be of great benefit considering our growth in Ada County. We’re not a small area anymore but we still have to drive to a different City in order to do basic things that require a Court Officer. Case in point: my name was not returned after my divorce but I have to drive to Boise in order to do anything about it. Case in point: a friend of mine was hit in her vehicle in Meridian but the only Judge she could see (the kids’ parents fought their ticket) was in Boise. She lives in Meridian and has a business but had to take the day off because of the time involved to go to/from, find parking, clear security and wait for the case. Case in point: I just did a job for a gentleman and his wife while they were out of the Country. He did not fully pay me. I have all the proof of our agreement but in order to fight this I have to drive to Boise, find the Courthouse, etc. and so do they. It’s crazy inconvenient when our City is this size and we have facilities that could serve us. My two cents. Alexa Conway, Meridian Idaho 83642 Meridian City Council Meeting Agenda October 15, 2019 – Page 48 of 73 1 Charlene Way From:Shelly Doty <sdoty@boisestate.edu> Sent:Thursday, October 03, 2019 10:01 AM To:Meridian City Clerk Subject:Re: Poll on doing business with City Hall Hello, Just wanted to send a suggestion that offering short Saturday hours, along the lines of 9 am - 1 pm, would really be beneficial to members of the community. Most of us work full time and it's hard to take time off work to get to City Hall when needed. Thank you for your time, Shelly Shelly M. Doty 204 E. 2nd St. Meridian Meridian City Council Meeting Agenda October 15, 2019 – Page 49 of 73 EIDIAN,?DAHO -- CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 6 F Item Title: Public Hearing for Ordinance 19-1855 An Ordinance Prohibiting the Use of Compression Brakes within the City of Meridian Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.F. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Ordinance 19-1855: An Ordinance P rohibiting Use of C ompression Brakes Within the City of M eridian C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 10/11/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/11/2019 - 3:31 P M Meridian City Council Meeting Agenda October 15, 2019 – Page 50 of 73 10/15/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/15/2019 Hearing Type: Council Item Number: 6-F Project Name: Public Hearing for Ordinance Prohibiting Compression Brake Use in City of Meridian Project No.: Active: Signature Name Address City- State -Zip For Against Neutral I Wish To Testify Sign In Date/Time Bob and Louise 3483 West Sand Wedge 10/15/2019 X X Jones Street, Meridian 5:53:14 PM 1308 w. Olds river dr. 10/15/2019 Valerie James X Meridian 83642 6:02:47 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=346 1/1 DRAFT – AUGUST 13, 2019 ORDINANCE ADDING SECTION 7-1-13 – AIR COMPRESSION BRAKES PAGE 1 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-13, PROHIBITING THE USE OF AIR COMPRESSION BRAKES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an ordinance prohibiting the use of air compression brakes within the City of Meridian would mitigate noise from these devices, particularly in residential neighborhoods; and, WHEREAS, an ordinance prohibiting the use of air compression brakes within the City of Meridian would be consistent with ordinances adopted by Ada County and other incorporated cities within Ada County; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section 7-1-13 is added to the Meridian City Code as follows: 7-1-13: AIR COMPRESSION BRAKES PROHIBITED: A. The term “air compression brakes” shall include devices that alter the operation of an engine’s exhaust to slow a vehicle or truck. B. The use of air compression brakes by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within the City is hereby prohibited and shall be unlawful, except under emergency circumstances where the use of air compression brakes is necessary to prevent an accident or injury to persons or property. C. The following vehicles and trucks are exempted from the prohibitions of this section: 1. Vehicles and trucks operated by a fire department; and, 2. Vehicles used for public transit purposes. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this ____ day of August, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of August, 2019. APPROVED: ATTEST: __________________________________ ________________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk Meridian City Council Meeting Agenda October 15, 2019 – Page 51 of 73 DRAFT – AUGUST 13, 2019 ORDINANCE ADDING SECTION 7-1-13 – AIR COMPRESSION BRAKES PAGE 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An ordinance adding Meridian City Code section 7-1-13, prohibiting the use of air compression brakes; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. ____________________________________ City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: _________________ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-____________ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 19-_____ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2019. ____________________________________ William L.M. Nary, City Attorney Meridian City Council Meeting Agenda October 15, 2019 – Page 52 of 73 C� E IDIZ IANC-- �J CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 6 G Item Title: Public Hearing for Ordinance 19-1867: An Ordinance Prohibiting the Use of handheld wireless devices while operating a vehicle upon a street or highway within the City of Meridian Meeting Notes: �jo *aa I TEM SHEET C ouncil Agenda I tem - 6.G. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Ordinance 19-1857: An Ordinance P rohibiting the Use of Handheld Wireless Devices While Operating a Vehicle Upon a Str eet or Highway Within the C ity of M eridian 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 NextD oor Poll R esults and Comments Cover Memo 10/4/2019 O rdinance Ordinance 10/10/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/8/2019 - 6:55 P M Meridian City Council Meeting Agenda October 15, 2019 – Page 53 of 73 10/15/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/15/2019 Hearing Type: Council Item Number: 6-G Project Name: Public Hearing for Proposed Hands -Free Driving Ordinance Project No.: Active: Signature City -State- I Wish To Address For Against Neutral Sign In Date/Time Name Zip Testify Valerie 1308 W. Olds River Dr. 10/15/2019 X James meridian 6:03:23 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=344 1/1 1 Chris Johnson From:Shandy Lam Sent:Friday, October 4, 2019 2:01 PM To:Chris Johnson Cc:Adrienne Weatherly Subject:Hands Free Ordinance Poll Hi Chris, Below are the results and comments from our hands-free poll. Would you mind sharing this with City Council so that they can view and digest it before Tuesday? Thank you! Shandy Meridian City Council Meeting Agenda October 15, 2019 – Page 54 of 73 2 Meridian City Council Meeting Agenda October 15, 2019 – Page 55 of 73 3 Meridian City Council Meeting Agenda October 15, 2019 – Page 56 of 73 4 Meridian City Council Meeting Agenda October 15, 2019 – Page 57 of 73 5 Meridian City Council Meeting Agenda October 15, 2019 – Page 58 of 73 6 Meridian City Council Meeting Agenda October 15, 2019 – Page 59 of 73 7 Meridian City Council Meeting Agenda October 15, 2019 – Page 60 of 73 8 Shandy Lam City of Meridian | Communications Manager 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.489.0538 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda October 15, 2019 – Page 61 of 73 ORDINANCE ADDING SECTION 7-1-14 PAGE 1 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-14, PROHIBITING THE USE OF HANDHELD WIRELESS DEVICES WHILE OPERATING A VEHICLE UPON A STREET OR HIGHWAY WITHIN THE CITY OF MERIDIAN; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, distracted driving adversely impacts public safety by contributing to traffic accidents, injuries, and fatalities; WHEREAS, the use of handheld wireless devices while operating a vehicle is a cause of distracted driving; and, WHEREAS, the use of handheld wireless devices while on the roadway in a vehicle on a street or highway can be a cause of road rage and distracted driving; and WHEREAS, an ordinance prohibiting the use of handheld wireless devices while operating a vehicle would reduce distracted driving and enhance public safety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1 . That section 7-1-14 is added to the Meridian City Code as follows: 7-1-14: USE OF HANDHELD WIRELESS DEVICES: A. PROHIBITED ACTS: It shall be unlawful to use a handheld wireless device while operating a vehicle upon a street or highway within the City of Meridian. B. EXCEPTIONS: This provision shall not apply to the following: 1. Use of a handheld wireless device in a voice-operated mode, where the operator of the vehicle does not hold or manually operate the device, except to activate or deactivate the voice-operated function of the device. 2. Use of a navigation feature on a handheld wireless device, provided that the operator of the vehicle does not hold or manually enter information into the device, except to activate or deactivate the navigation feature on the device. 3. Use of a handheld wireless device to report an emergency to a law enforcement agency, fire department, health care provider, or other emergency services provider. Meridian City Council Meeting Agenda October 15, 2019 – Page 62 of 73 ORDINANCE ADDING SECTION 7-1-14 PAGE 2 4. Use of a handheld wireless device while the vehicle is parked off the roadway. 5. Use of a handheld wireless device by a peace officer, firefighter, paramedic, emergency medical technician, or other public safety first responder during the performance of that person’s official duties. 6. Use of a handheld wireless device by a public utility employee or contractor acting within the scope of that person’s employment while responding to a public utility emergency. C. DEFINITIONS: The definitions set forth in Title 49, Chapter 1, Idaho Code shall apply to terms used in this section. Further, for purposes of this section, the following terms shall be defined as follows: Handheld Wireless Device. Any handheld or portable electronic device capable of receiving, producing, displaying, or providing wireless data or voice communication. “Handheld wireless device” shall not include a radio designed for the citizen band service or the amateur radio service of the Federal Communications Commission or a commercial two-way radio communications device. D. PENALTIES: 1. Every person who violates this section shall be gui lty of an infraction and punishable by a fixed penalty of $90.00 plus court costs. 2. A conviction under this section shall not result in violation point counts as prescribed in section 49-326 , Idaho Code. In addition, a conviction under this section shall be deemed to a non-moving traffic violation and shall have no points assessed as prescribed by Idaho Code. E. SEVERABILITY If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Meridian City Council Meeting Agenda October 15, 2019 – Page 63 of 73 ORDINANCE ADDING SECTION 7-1-14 PAGE 3 Section 3. That this ordinance shall be effective upon its passage, publication and on _____________________. PASSED by the City Council of the City of Meridian, Idaho this ____ day of ____________, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of _____________, 2019. APPROVED: ATTEST: __________________________________ ________________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk Meridian City Council Meeting Agenda October 15, 2019 – Page 64 of 73 ORDINANCE ADDING SECTION 7-1-14 PAGE 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An ordinance adding Meridian City Code section 7-1-14, prohibiting the use of handheld electronic devices while driving a vehicle; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. ____________________________________ City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: _________________ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-____________ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 19-_____ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2019. ____________________________________ William L.M. Nary, City Attorney Meridian City Council Meeting Agenda October 15, 2019 – Page 65 of 73 CQ/rE IDIANC--DAHO CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 7 A Item Title: First Reading of Ordinance 19-1855: An Ordinance Prohibiting the Use of Compression Brakes within the City of Meridian Meeting Notes: Q -D P-ad�), I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Community Development Estimated Time f or P resentation: 10 minutes Title of I tem - F irst Reading of Ordinance 19-1855: An Ordinance P r ohibiting Use of C ompression Brakes Within the City of M eridian D raf t Ordinance T hat Would P rohibit the Use of Air Compression B rakes within the City of Meridian. Previously discussed in November 2018 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Draft Ordinance Air Compression B rakes Ordinance 8/7/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/11/2019 - 3:30 P M Meridian City Council Meeting Agenda October 15, 2019 – Page 66 of 73 DRAFT – AUGUST 13, 2019 ORDINANCE ADDING SECTION 7-1-13 – AIR COMPRESSION BRAKES PAGE 1 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-13, PROHIBITING THE USE OF AIR COMPRESSION BRAKES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an ordinance prohibiting the use of air compression brakes within the City of Meridian would mitigate noise from these devices, particularly in residential neighborhoods; and, WHEREAS, an ordinance prohibiting the use of air compression brakes within the City of Meridian would be consistent with ordinances adopted by Ada County and other incorporated cities within Ada County; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section 7-1-13 is added to the Meridian City Code as follows: 7-1-13: AIR COMPRESSION BRAKES PROHIBITED: A. The term “air compression brakes” shall include devices that alter the operation of an engine’s exhaust to slow a vehicle or truck. B. The use of air compression brakes by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within the City is hereby prohibited and shall be unlawful, except under emergency circumstances where the use of air compression brakes is necessary to prevent an accident or injury to persons or property. C. The following vehicles and trucks are exempted from the prohibitions of this section: 1. Vehicles and trucks operated by a fire department; and, 2. Vehicles used for public transit purposes. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this ____ day of August, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of August, 2019. APPROVED: ATTEST: __________________________________ ________________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk Meridian City Council Meeting Agenda October 15, 2019 – Page 67 of 73 DRAFT – AUGUST 13, 2019 ORDINANCE ADDING SECTION 7-1-13 – AIR COMPRESSION BRAKES PAGE 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An ordinance adding Meridian City Code section 7-1-13, prohibiting the use of air compression brakes; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. ____________________________________ City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: _________________ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-____________ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 19-_____ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2019. ____________________________________ William L.M. Nary, City Attorney Meridian City Council Meeting Agenda October 15, 2019 – Page 68 of 73 CQ/rEI DA IDIAN�-- HO CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 7 B Item Title: First Reading of Ordinance 19-1857: An Ordinance Prohibiting the Use of handheld wireless devices while operating a vehicle upon a street or highway within the City of Meridian Meeting Notes: N o V,,D- cLd'� 5 I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - F irst Reading of Ordinance 19-1857: An Ordinance P r ohibiting the Use of Handheld Wireless Devices While Operating a Vehicle Upon a Str eet or Highway Within the C ity of M eridian C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 10/10/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/10/2019 - 4:31 P M Meridian City Council Meeting Agenda October 15, 2019 – Page 69 of 73 ORDINANCE ADDING SECTION 7-1-14 PAGE 1 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-14, PROHIBITING THE USE OF HANDHELD WIRELESS DEVICES WHILE OPERATING A VEHICLE UPON A STREET OR HIGHWAY WITHIN THE CITY OF MERIDIAN; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, distracted driving adversely impacts public safety by contributing to traffic accidents, injuries, and fatalities; WHEREAS, the use of handheld wireless devices while operating a vehicle is a cause of distracted driving; and, WHEREAS, the use of handheld wireless devices while on the roadway in a vehicle on a street or highway can be a cause of road rage and distracted driving; and WHEREAS, an ordinance prohibiting the use of handheld wireless devices while operating a vehicle would reduce distracted driving and enhance public safety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1 . That section 7-1-14 is added to the Meridian City Code as follows: 7-1-14: USE OF HANDHELD WIRELESS DEVICES: A. PROHIBITED ACTS: It shall be unlawful to use a handheld wireless device while operating a vehicle upon a street or highway within the City of Meridian. B. EXCEPTIONS: This provision shall not apply to the following: 1. Use of a handheld wireless device in a voice-operated mode, where the operator of the vehicle does not hold or manually operate the device, except to activate or deactivate the voice-operated function of the device. 2. Use of a navigation feature on a handheld wireless device, provided that the operator of the vehicle does not hold or manually enter information into the device, except to activate or deactivate the navigation feature on the device. 3. Use of a handheld wireless device to report an emergency to a law enforcement agency, fire department, health care provider, or other emergency services provider. Meridian City Council Meeting Agenda October 15, 2019 – Page 70 of 73 ORDINANCE ADDING SECTION 7-1-14 PAGE 2 4. Use of a handheld wireless device while the vehicle is parked off the roadway. 5. Use of a handheld wireless device by a peace officer, firefighter, paramedic, emergency medical technician, or other public safety first responder during the performance of that person’s official duties. 6. Use of a handheld wireless device by a public utility employee or contractor acting within the scope of that person’s employment while responding to a public utility emergency. C. DEFINITIONS: The definitions set forth in Title 49, Chapter 1, Idaho Code shall apply to terms used in this section. Further, for purposes of this section, the following terms shall be defined as follows: Handheld Wireless Device. Any handheld or portable electronic device capable of receiving, producing, displaying, or providing wireless data or voice communication. “Handheld wireless device” shall not include a radio designed for the citizen band service or the amateur radio service of the Federal Communications Commission or a commercial two-way radio communications device. D. PENALTIES: 1. Every person who violates this section shall be gui lty of an infraction and punishable by a fixed penalty of $90.00 plus court costs. 2. A conviction under this section shall not result in violation point counts as prescribed in section 49-326 , Idaho Code. In addition, a conviction under this section shall be deemed to a non-moving traffic violation and shall have no points assessed as prescribed by Idaho Code. E. SEVERABILITY If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Meridian City Council Meeting Agenda October 15, 2019 – Page 71 of 73 ORDINANCE ADDING SECTION 7-1-14 PAGE 3 Section 3. That this ordinance shall be effective upon its passage, publication and on _____________________. PASSED by the City Council of the City of Meridian, Idaho this ____ day of ____________, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of _____________, 2019. APPROVED: ATTEST: __________________________________ ________________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk Meridian City Council Meeting Agenda October 15, 2019 – Page 72 of 73 ORDINANCE ADDING SECTION 7-1-14 PAGE 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An ordinance adding Meridian City Code section 7-1-14, prohibiting the use of handheld electronic devices while driving a vehicle; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. ____________________________________ City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: _________________ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-____________ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 19-_____ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2019. ____________________________________ William L.M. Nary, City Attorney Meridian City Council Meeting Agenda October 15, 2019 – Page 73 of 73 EIDIAN,? -- CITY COUNCIL REGULAR MEETING AGENDA October 15, 2019 Agenda Item Number: 8 Item Title: Future Meeting Topics Meetinci Notes: ' �� Qv prv/►'1