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2019-12-03 Regular
CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, December 3, 2019 at 6:00 PM Called to Order at 6:20 pm 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Treg Bernt X Genesis Milam X Luke Cavener (Left at 8:00pm) X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Michael Pearson of 7th D ay Adventist Church 4. Adoption of Agenda – Adopted as Noted 5. Announcements 6. Proclamation A. GivingTuesday 7. Future Meeting Topics - Public Forum (Up to 30 M inutes 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. 8. Community Items/Presentations A. Mayor's Youth Advisory Council Update 9. Action Items Public Hearings for Land Use Applications follow this process: Once the Public Hearing is opened, City staff will present their report. Following the report, the applicant is allowed up to 15 minutes to present their application. Members of the public are allowed up to 3 minutes each to address council regarding the application. If a person is representing a large group such as a Homeowner's Association, 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 City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Final Plat for Stapleton Subdivision No. 1 (H-2019-0117) by C4 Land, LLC, Located at 4435 S. Meridian Rd. - Approved B. Public Hearing for Proposed Ordinance 19-1856: An Ordinance Amending Meridian City Code 6-2-8(D) and (G) to Increase Fine Amounts Related to Off-Leash Dogs C. Public Comment Regarding Draft Ordinance 19-1852: Prohibited Parking D. Public Hearing for Street Length for Cul-de-Sacs (H-2019-0107) by Todd Campbell - Approved 1. Request: To extend the maximum street length for cul-de-sacs listed in UDC 11-6C-3B.4 from 450 feet to 500 feet, or up to 750 feet with City Council approval. E. Public Hearing for Hathaway Warehouse (H-2019-0118) by Hathaway Development, LLC, Located at 2198 & 2262 E . Franklin Rd. - Approved 1. Request: Vacation of the southern 10-feet of the 15-foot wide landscape and irrigation easement depicted along the northern boundary of Lots 2 and 3, Block 1, Whitehawk Subdivision. F. Public Hearing for Waterwalk (H-2019-0111) by db URBAN Communities, Generally Located on the West Side Of N. Eagle Rd., North of E. Franklin Rd. - Approved 1. Request: Rezone of 6.03 acres of land from the I -L to the C-G zoning district. G. Public Hearing for 840 E. Ustick Rd. (H-2019-0098) by Scott Lamm, Located at 840 E. Ustick Rd. - Approved 1. Request: Annexation and Zoning of 2.29 acres of land with an R-4 zoning district. H. Public Hearing Continued from November 12, 2019 for Silverstone Apartments (H-2019-0099) by Dave Evans Construction, Located at 4107 E. Overland Rd. – Continued to January 7, 2020 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument #2018-012457 and DA Instrument # 2018-012456 and be placed in a new, separate agreement. I. Legal Department and Clerk's Office: Discussion Regarding Timeline for Alcohol Sales License Renewals 10. Ordinances A. Ordinance 19-1863: An Ordinance Amending Meridian City Code Section 4-2-1, Regarding Definitions; Adding A New Section, Meridian City Code Section 4-2-2(C), Regarding Maintenance Of Public Trees On Public Rights Of Way Adjacent To Private Property; Amending Meridian City Code Section 4-2-3(D), Regarding Abatement Of Nuisance Trees; Repealing Title 13, Chapter 1, Meridian City Code, The Meridian Forestry Ordinance; Adding A New Section, Meridian City Code Section 13-2-11, Regarding Establishment And Duties Of The City Arborist – VACATED FROM AGENDA B. Ordinance No. 19-1856: An Ordinance Adding Meridian City Code Section 6-2-8(D), Regarding Dogs Off Leash in a Public Place; Adopting a Savings Clause; and Providing an Effective Date – First Reading Only C. Ordinance 19-1862: An Ordinance Amending Meridian City Code Section 7-2-2(B), Regarding Prohibited Parking; Amending Meridian City Code Section 7-2-5(A)(3), Regarding P arking On Public Streets Other Than Alleys; Adding A New Section, Meridian City Code Section 1-2-1(C), Regarding Failure To Pay Infraction Fine - Approved D. Ordinance No. 19-1865: An Ordinance (H-2019-0066 – Millbrae Subdivision) For Annexation Of A Parcel Of Land Located In The SE ¼ Of The SE ¼ Of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The C orporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 38.15 Acres Of Land From RUT To R-8 (Medium Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And T he Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date - Approved 11. Future Meeting Topics Meeting Adjourned at 10:43 pm . 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 December 3, 2019 – Page 4 of 135 Meridian City Council December 3, 2019. A Meeting of the Meridian City Council was called to order at 6:20 p.m., Tuesday, December 3, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Also Present: Chris Johnson, Bill Nary, Bill Parsons, Clint Dolsby, Jeff Lavey, Kenny Bowers and Dean Willis. Item 1: Roll-call Attendance: Roll Call. A. Meridian City Council X__ Anne Little Roberts X_ _ Joe Borton X__ Ty Palmer X__ Treg Bernt _ X___Genesis Milam _X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Okay. Good evening. Thank you so much for letting us have a few minutes to transition between our workshop and our regular meeting. Welcome to our Meridian City Council. For the record it is Tuesday, December 3rd. It is 6:20. 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 arise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Michael Pearson of 7th Day Adventist Church De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Michael Pearson. Pastor Pearson is with the Seven th-Day Adventist Church and I would like to welcome you, Pastor Michael, and invite those to join us in the community invocation or take this as an opportunity for a moment of reflection. Pearson: Thank you. We invite you all to Journey to Bethlehem next weekend. De Weerd: Thank you. And it's always very well prepared and it's a collaboration amongst -- Meridian City Council Meeting Agenda December 17, 2019 – Page 42 of 504 Meridian City Council December 3, 2019 Page 2 of 80 Pearson: That's right. De Weerd: -- the faith community. Thank you again for that gift to our community. Pearson: It's not property taxes is why I'm not shaving. Eternal Father, the Ancient of Days, we want to thank you that we have a flag that we can pledge allegiance to , because you have given us a country that we can be proud to be citizens of and during this season that begins with the remembrance of Christmas and the New Year, I pray that you will give each one of us citizens of Meridian and leaders of Meridian the grace to extend the peace which the Prince of Peace offers to us. May we extend it to each other. Ma y this be a season of reconciliation within families and between different segments of the community and now specifically for tonight, for those who will be shortly retiring from service, as Mayor and City Councilors, for those who will be continuing, we thank you for them. We ask that your grace and your strength will be theirs, that you will give them wisdom tonight in the decisions that they need to make and may we be drawn together in peace as a community. I asked this in the name of our Savior, amen. Item 4: Adoption of Agenda De Weerd: Thank you. Okay. Item 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Item 10-I -- or, excuse me, 10-A, that ordinance can be removed from the agenda. With that one change I move we adopt the amended agenda. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 5: Announcements De Weerd: Under five, announcements, we are kicking off our Christmas season this weekend, starting Friday night with our parade -- our holiday lights parade goes down Main Street. We start with the Grinch -- How The Grinch Stole Christmas. It's two showings. One starts at 5:30. The other at 6:00. And, then, we kick off the parade with a fun run and, then, the parade starts and it's always -- every year it's gotten better. So, we would love to see you all out supporting all of those entries in our parade and -- and just get into the Christmas spirit with us. The next day we do have our -- the 14th we do have our family friendly winterfest event that is at the Boys and Girls Club. The Meridian Symphony plays on this coming Saturday. And so there is all kinds of events. There is a Meridian City Council Meeting Agenda December 17, 2019 – Page 43 of 504 Meridian City Council December 3, 2019 Page 3 of 80 calendar on our website. Please take a look at that and join us in the Christmas festivities. Council, any other items under announcements? Item 6: Proclamation A. Giving Tuesday De Weerd: Okay. I am going to move to the -- to the podium and read a proclamation about Giving Tuesday. So, just a little bit about Giving Tuesday. This request was received from Jessica Ewing with the Meridian Canine Rescue and one of the things that I think that Jessica noted in this request is our community is -- is very giving. The philanthropy in this community is huge and that support of the nonprofits is support and ours as that safety net for our community is huge, from feeding our -- the hungry, from taking care of our pets, from taking care of those in a time of crisis. Those nonprofits step up and fill that gap in a big way and we are very fortunate and blessed to live in a community that gives generously. And today is Giving Tuesday. I'm going to ask our volunteers from the Meridian Rescue -- Canine Rescue organization to come up and join me as I read this. We have a number of nonprofits in our community and I think it's important to note that the Meridian Canine Rescue they are an adoption program and they last year found homes for more than 300 jobs -- or dogs. Jobs. Hayward: They are both. De Weerd: And they are a job. Maybe that was the -- the slip I had. And they are enlisting the help of local dog owners to support their cause and -- and it's a great one. This is a time of year that we need to remember our pets, especially as the weather gets cold and we all get wrapped up in the holidays. So, with that whereas Giving Tuesday launched in the U.S. in 2012 and was established as a National Day of Giving on the first Tuesday following Thanksgiving to kick off the charitable season and whereas Giving Tuesday is a day where citizens work together to share commitments, rally my favorite causes, build a stronger community and think about others and whereas it is fitting and proper on Giving Tuesday and on every day to recognize the tremendous impact of compassion and contribution in the City of Meridian and whereas Giving Tuesday is a celebration of philanthropy, volunteerism and community service where people give whatever they are able, whether it's funds or time and whereas this year many Meridian organizations are coming together to participate in this global day of giving. Therefore, I, Mayor Tammy de Weerd, do hereby proclaim December 3rd, 2019, to be Giving Tuesday in the City of Meridian and encourage all citizens to join together to give back to community in any way that is personally meaningful and I would be honored to turn this over to our Meridian Canine Rescue Group with our -- our thanks for bringing this awareness up on this day and ask you to say a few words about the organization. Hayward: Thank you so much. I'm Hillary. Groenhof: I'm Jenna. Meridian City Council Meeting Agenda December 17, 2019 – Page 44 of 504 Meridian City Council December 3, 2019 Page 4 of 80 Hayward: And we are proud to work at MCR. It's a great organization, because every dollar that people give goes towards the dogs. We have -- it's a whole -- it's a really tiny organization, but we do so much with the help of our volunteers and our really passionate staff. We like to treat all the dogs as individuals. They all get individual training, enrichment, and it's just an awesome place to work and to go . Groenhof: And we hope we can keep doing more and more, not only for the local community here, but for all over. So, if you guys have it in your hearts this giving season, make a donation to the Meridian Canine Rescue. Hayward: The dogs would really appreciate it, especially Russell. He's still available for adoption. Thank you so much. Item 7: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: I should have just stayed down there and -- and participated in MYAC's update. So, our next item -- oh, I'm sorry. You are not the next item, but you are important. Okay. Item 7. Future meeting topics. Johnson: Madam Mayor, there were -- De Weerd: Any sign-ups? Johnson: -- there were several sign-ups. They are all referencing something later on tonight's agenda. Item 8: Community Items/Presentations A. Mayor's Youth Advisory Council Update De Weerd: Okay. Thank you. Now, Abby, Tyson, come on up. Item 8-A is our update from the Mayor's Youth Advisory Council. Bernt: Hey there, Tyson. How are you doing, buddy. Hutchinson: Thank you, Madam Mayor and City Council. My name is Abby Hutchinson and I'm vice-chair of MYAC. Dunn: I'm Tyson Dunn, I'm the Meridian High School ambassador for MYAC. So, this year we participated in Rake Up Meridian and we were able to go and serve for three hours in our community. We visited two locations and we had 20 people from MYAC in total show up and it was a blast. We were able to help people rake up their yards and serve them in any ways they needed. And we also had our sticker shock campaign. So, with this we worked with the Meridian Anti-Drug Coalition and we were able to place 8,200 stickers on bags that will be distributed around liquor stores in our area around the Meridian City Council Meeting Agenda December 17, 2019 – Page 45 of 504 Meridian City Council December 3, 2019 Page 5 of 80 holidays and these stickers are letting people know that distributing alcohol to minors in Idaho -- in Idaho is a crime and just as a friendly reminder around the holidays. Hutchinson: And, then, for our community service subcommittee we have been working on Operation Gratitude for the past two meetings. So, what we have been doing is we have been making paracord bracelets and thank you notes for Americans who serve over the holidays. We did this with Operation Gratitude and they have sent out almost 2.5 million care packages since 2003. So, that's what we have been doing for the past two meetings with that. And, then, recently we have been planning our Point of Hope run. It's a mental health awareness run. We have done this in the past as a suicide prevention run, but we changed it to mental health awareness run this year to be more inclusive and to recognize all of the mental health issues and support our community. Dunn: Then this next upcoming Monday, December 9th, we have our annual MYAC Christmas party for members and alumni. Here we will be playing some games and we will be having a sock drive as well and we will be having a great time in celebrating the holiday season. Hutchinson: Are there any questions? De Weerd: And can you give a little background beyond the sock drive and why you are doing that? Dunn: Go ahead. Hutchinson: So, we have done the sock drive in the past and I know one of our members actually brought this to us. It was -- I believe Girl Scouts were doing it last year, so they brought that to our attention and we really enjoyed it this past year, so we decided to do a gift exchange this year. Instead of people bringing gifts , they are going to bring socks, so we can exchange those and, then, donate them afterwards, so we can have more of a turnout. De Weerd: That's awesome. And the alumni group -- this is the first kickoff to reengage the alumni who have at one time been involved with MYAC and get them reengaged. Ken Corder has come back and said why he wants to be an alumni. He was too old to be a MYACer, but Ken and I will -- will take on the alumni group and -- and try and reengage them and they can act as mentors to our MYAC members that are currently serving. So, we are excited for that. I know we have several excited alumni to come in and reengage. So, any questions from Council for our MYACers? Bernt: Good job. De Weerd: Yeah. You guys are awesome. We continue to be amazed by what you do . Next month they will update you on what their legislative priority is for the year. It's -- they just voted on it yesterday, but it's just too early to -- to really talk about it, but that will be on the agenda next -- next month. Thank you so much. Appreciate you being here. Meridian City Council Meeting Agenda December 17, 2019 – Page 46 of 504 Meridian City Council December 3, 2019 Page 6 of 80 Thank you for that. So cool to have our youth engaged in their community, making it a better place for -- for all. Item 9: Action Items A. Final Plat for Stapleton Subdivision No. 1 (H-2019-0117) by C4 Land, LLC, Located at 4435 S. Meridian Rd. De Weerd: Item 9-A under Action Items. First up is final plat for H-2019-0117. Bill. Parsons: Thank you, Madam Mayor, Members of the Council. Won't go into the final plat too much. I just want to let the Council and Mayor know they concur with staff. We just received the applicant's response to the staff report late. The final plat is consistent with the approved preliminary plat and so we ask that you approve this project as it is, again, consistent with the preliminary plat, we just didn't receive the comments within the time to keep it on the Consent Agenda, so if the Council and Mayor want me to go into the specifics of the development I'm happy to , but if you are happy with just staff's concurrence with the applicant, we will move on to the next item. De Weerd: Okay. Council, any questions on this item? Milam: Madam Mayor? De Weerd: If not do I have a motion? Yes, Mrs. Milam. Milam: I move that we approve H-2019-0017. Cavener: 011 -- Milam: 0117. What -- De Weerd: Okay. Well, I have a motion and a second to approve Item 9-A. Milam: 9-A. 9-A. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. B. Public Hearing for Proposed Ordinance 19-1856: An Ordinance Amending Meridian City Code 6-2-8(D) and (G) to Increase Fine Amounts Related to Off-Leash Dogs Meridian City Council Meeting Agenda December 17, 2019 – Page 47 of 504 Meridian City Council December 3, 2019 Page 7 of 80 De Weerd: Item 9-B is a public hearing for proposed Ordinance 19-1856. This ordinance would amend Meridian City Code to increase the fine amounts related to off leash dogs and this is an ordinance change proposed by Council Member Milam. Mrs. Milam, do you have any comments? Milam: Madam Mayor, we have talked about this. This is probably at least our third meeting on this topic, maybe fourth, and we are getting a lot of complaints. I was getting a lot of complaints seeing -- reading a lot of things on NextDoor regarding people being attacked or chased by -- people with off leash dogs or just simply afraid of them, because they have children with them or they are elderly and so we brought this forward and, basically, what we want to change the fees -- currently they are 25 dollars for a first offense, 50 dollars for a second offense, one hundred dollars for a third offense and we want to change them to 100 dollars, 200 and 300 dollars. So, we want to have this public hearing so that we can get the input from our citizens. De Weerd: Thank you, Mrs. Milam. This is a public hearing. Is there any sign-ins, Mr. Clerk? Johnson: Madam Mayor, two people signed into this topic, as well as one on the public forum. The first was Jack Long. De Weerd: Thank you for joining us. If you will, please, state your name and address for the record. Long: My name is Jack Long. I have been a resident of Meridian for about 30 years. Formerly on the north side of Eagle Road, now I'm on the south side of Eagle Road. 2893 East Green Canyon. De Weerd: Thank you. Long: And I'm a dog owner. I found out about the proposal to increase the fines by accident, by reading, of all things, public media nationwide. Don't know how you got your word out that far, but I know about it. Just one or two items briefly. I'm quite opposed to it for a number of reasons. I walk my dog in and around my subdivision and through Harris Park around the high school and the vacant lots that are there. I do not recall an occasion walking my dog where one or more individuals have had their dog off leash, throwing a ball through the field, retrieving it and so forth. Many of them are seniors. Some of the individuals -- as I understand it, the leash law is a six foot restraint of some kind to be coupled to the dog. Most everyone has leashes now that go out 20, 30 feet. So, I just wanted to propose an alternative solution and I sent out an e-mail. I tried to get everybody who was on the Council a copy of the e-mail, which lists the benefits of a radio controlled device, an e-collar or whatever you want to call it, for management and dog obedience. I have had one on my dog for a long time. I have had it on dogs that I raised here in Meridian, primarily hunting dogs, but I have seen them used on other dogs as well. In my opinion anyone who owns a pit bull should be required to have one . If it's seen in public it should have an e-collar on it. That would resolve a lot of the issues that Meridian City Council Meeting Agenda December 17, 2019 – Page 48 of 504 Meridian City Council December 3, 2019 Page 8 of 80 we have with dogs attacking -- you know, biting and, then, you know, what were the conditions that brought forth the biting. When I lived on the north side of the freeway I raised dogs and I had a female who had given birth to puppies and one of our neighbor kids came up on rollerblades right into my garage, turned around and went out. The dog chased her out and grabbed her on the ankle and , you know, put a hole in the boot. No blood. But I'm just saying what are the circumstances under which all of these complaints come about. My personal viewpoint -- and I think the viewpoint of many professionals is that with a restraining device that really gets the dog to obey now, a lot of these, if not most of them, would be resolved. So, I would like to just bring it before the Council. I did -- about a year ago there was some interest from the Council Member -- I can't -- I apologize, but I can't remember who I talked to -- he said, well, give us a professional to come forth and make a presentation. There were a couple that were willing, but not able to get the time. So, you might want to put that in the hopper for something to consider, as opposed to burdening senior citizens with more taxes. Thank you so much. I appreciate the Council. De Weerd: Thank you, sir. Any questions from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Not really a question or a comment, but -- well, maybe this would be an after topic. Yeah. I guess we can discuss it after. De Weerd: Okay. Milam: Sorry. Johnson: Madam Mayor, the last sign-in is John Padden. De Weerd: John, thank you for joining us. If you will, please, state your name and address for the record. Padden: Sure. My name is John Padden. P-a-d-d-e-n. I live on 2605 West Leonard Street. De Weerd: Thank you. Mr. Padden, will you pull that a little bit closer to you. Thank you. Padden: Hi. My message really is not so much for the Council, but it's to people like Jack and I strongly support stronger penalties for off leash dogs and, you know, there is -- there is a highly nuanced dance that people don't understand and I'm sure Jack is a wonderful neighbor, he is a wonderful guy. You may have very well behaved dogs, but my experience is -- and I do have two dogs that may have some Meloster genes, pit bulls as everybody likes to call them. They are fairly well behaved. They are always on leash. But what people don't understand is when an off leash dog, no matter how well behaved, Meridian City Council Meeting Agenda December 17, 2019 – Page 49 of 504 Meridian City Council December 3, 2019 Page 9 of 80 comes up to leashed dogs, the leashed dog understands he is at a severe disadvantage and humans cannot always pick up these -- these highly nuanced cues, but the dogs understand it and the way I liken it is to -- excuse me -- is if you are handcuffed and you are thrown into a party and people you do not know are coming up to you and getting in your face, you are going to be very uncomfortable and you are going to react, so -- and I think -- I have had -- I have had many experiences where the nicest guys with the friendliest dogs, Labrador retrievers, just let their dog off leash, come right up to my dogs, what am I going to do. I step off to the side of the path , I do everything to avoid, you know, the situation that becomes impossible, because if an owner doesn't have a six foot lead on his dog, he has no controller over the dog and electronic devices are wonderful to talk about, but, you know, that's -- that's it. It's really not about how great your dog is, it's -- to coexist humans and dogs have to be under control. Some people see a dog off leash and they become, you know, terribly frightened. My sisters, they will not come into my house because I have dogs, and I understand it. I have a handyman who -- who had a terrible experience when he was a child. He is a big burly guy, he trembles at the sight of a little dog. But, in any case, that's -- that's really about it. Thank you. De Weerd: Thank you so much. Johnson: Madam Mayor, the last person wishing -- they wish to testify. Sorry. That was the last person indicating they wished to testify. De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide testimony? Okay. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The ordinance for action is near the end of our agenda. The -- the change, which I thought made some sense from Mrs. Milam, was this isn't creating any new restriction or any new limitation that didn't already exist , it was a minor adjustment in a fine amount trying to emphasize the importance on compliance with the existing rules that we have had for many years here is your dogs need to be on a leash. Among some of the public comment that we got in writing that I thought was -- was good for consideration and I think Mrs. Milam referenced it also -- was there are members of our senior community who have friendly dogs, but when these dogs nudge or jump on them with no ill harm or intent, it scares them at least. It can knock them down and it -- it makes many people just reluctant to go for a walk on the sidewalk because a friendly dog can jump on you and maybe that's a remote situation, but it's one that's real for some people in our community. So, I commend Mrs. Milam for bringing this forward, just to spark the emphasis on compliance with these existing rules. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda December 17, 2019 – Page 50 of 504 Meridian City Council December 3, 2019 Page 10 of 80 Milam: And I just wanted to mention, you know, that the electronic collar, it may be something for the future Council to consider. Tonight what we are trying to do is not touch the ordinance, but it doesn't mean that it can't be amended. W hen this ordinance was -- drafted was made it probably -- that maybe there wasn't the technology so easily available to -- to residents to be able to -- to get their electronic callers and if it's a great way to control your animal and keep them from attacking people, then, it might be something to consider adding as an allowable type of leash. Obviously not the only allowable kind, because we can't all afford that, but as an allowable type of enforcement for dogs, so since I won't be around I'm just throwing that out there for you guys and a future council to consider. Thank you. De Weerd: Any further discussion by Council? Mrs. Little Roberts. Little Roberts: As one that uses both a leash and an e-collar, I would proceed with caution on that and get some expert advice, because my dog is fairly well trained, but he is two years old and there is still things that he can come in contact with that he doesn't know how to react to and will react and whether I have got the e-collar on and zap him or not. So, I would proceed with caution, because there is dogs out there, especially if they perceive their master is in trouble, will take matters into their own hands if you don't have a way to physically control them. De Weerd: Okay. Well, I -- as mentioned, the ordinance will be read under ten, but at this point, if there is no further information needed -- Mr. Bernt. Bernt: Just one last comment. I -- I understand the intent behind increasing the fines for -- I guess, what, the last week or so I have been pondering this a little bit and I would -- I think our communications department -- Shandy does a great job with -- with messaging and informing the public of the different policy issues that will be changing or that have changed or will change in our community and this -- this -- this certainly is one. Before -- before I -- before -- my opinion, before we raise fines I would like to maybe do some public engagement to make -- to see if that helps out and also clarification on the -- on the amount, because in -- in the work in -- in the information that we were provided in our packet it was five hundred dollars, up to a thousand. So, I just wanted to clarify the difference between the numbers that was written in our packet , as opposed to what's been talked about tonight. Because that's a big difference. De Weerd: Well, then, this would be a bargain, so -- Milam: It's on sale. De Weerd: If you listed it that much and -- and you didn't get people showing up, then, a hundred, to two hundred to three hundred is -- is not as severe. Mr. Nary. Nary: No. I was just going to say, Madam Mayor, the ordinance that was published shows the amendment proposes 100, 200, and 300. Meridian City Council Meeting Agenda December 17, 2019 – Page 51 of 504 Meridian City Council December 3, 2019 Page 11 of 80 De Weerd: Okay. Anything further? Well, Council, you can continue this, you can close the public hearing -- what is your desire here? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Move we close the public hearing for the proposed ordinance of 19-1856. Palmer: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-B. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. C. Public Comment Regarding Draft Ordinance 19-1852: Prohibited Parking De Weerd: Item 9-C is a public comment regarding a draft ordinance, 19-1852, and this ordinance change was -- and discussion -- related discussion was being proposed by Council Member Cavener. If you would like to kick this off. Cavener: Madam Mayor, similar to the previous item that was before Council. We have had this thing before -- I think this is the third time. The goal of tonight's meeting was to hear from the public for those that are in attendance and maybe aren't familiar. Currently in Meridian it is against the law to park a trailer or an RV in your driveway. It is allowable on public streets for three days. Myself, a member of code enforcement, some other stakeholders got together, discussed the idea, didn't come up with a clear consensus. Came back to the body, provided a recommendation, which is to allow you to park these vehicles or these trailers on your driveway for up to three days. I also thought it was great to hear from the public before we render a decision to either move forward or to move on. De Weerd: Thank you, Mr. Cavener. Mr. Clerk, any signed up to provide comments? Johnson: Yes, Madam Mayor. Four people signed in. Two wished to testify. First is Renee Hansen. De Weerd: Good evening, Renee. Thank you for joining us. If you will, please, state your name and address for the record. Hansen: Good evening. My name is Renee Hansen. I live at 1435 East Tuttle Street in Meridian. De Weerd: Thank you. Meridian City Council Meeting Agenda December 17, 2019 – Page 52 of 504 Meridian City Council December 3, 2019 Page 12 of 80 Hansen: I have been president of the HOA for five years now and it's a consensus that we don't want this to pass, because we have already had experience with it. Most of the people that -- in our neighborhood anyway that are wanting to park their RVs in the driveways -- the RVs are too long and they block the sidewalks. So , that's one major concern we have. We also have several homes that are not part of the HOA, so we wouldn't -- in our community and one of them in particular does an Airbnb on the weekends, so on the weekends RVs show up and park in the driveway or on the street and that's another issue that we have with moving forward with allowing people to park in their driveways. I'm not exactly sure how this does affect HOA rules at the time -- at this time. I get different answers from different people. So, I know I have to go back directly to the source. But those are two of our major concerns at -- this evening anyway, that we would not like to see people allowed to park RVs in their driveway. Or trailers. De Weerd: I guess I would just say that we enforce City Code and the HOA, if it's different than city code, the HOA enforces their own CC&Rs. Would that be a correct statement, Mr. Nary? Nary: Yes, Madam Mayor. De Weerd: Just didn't want to speak as a -- I practice -- Hansen: So, the CC&Rs would take precedence over the city. De Weerd: -- as attorney only when I sit up here. Pardon? Hansen: So, the CC&Rs I would take precedent over the city, so they can't say whether city allows this. De Weerd: It would be a civil matter between you, the neighbor, and that generally is -- is resolved by the HOA or it goes to court. But we don't get involved. Hansen: And that's why we don't want to -- that's a long path -- Palmer: Madam Mayor? Hansen: -- to take it to court when you can prevent it to begin with. De Weerd: Mr. Palmer. Palmer: But with regard to our concern about blocking sidewalks, this would still -- it would still be illegal to park in a driveway in a manner that would -- that would be blocking a sidewalk. De Weerd: Because that's an ADA thing. Hansen: Right. Meridian City Council Meeting Agenda December 17, 2019 – Page 53 of 504 Meridian City Council December 3, 2019 Page 13 of 80 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Appreciate you representing an HOA. It's a really hard job. I always appreciate when folks that represent a homeowners association come before us. If I'm understanding you correctly, then, your -- your neighborhood would rather these vehicles park on the street than in the driveway. Hansen: We don't want to encourage them to park anywhere in the neighborhood. We do have our rules where -- because the city allows them to park on the street up to three days, as an HOA we don't, but you guys do. So, they get three days on the street. Right now they don't get anything in the driveway. Cavener: Sure. So, Madam Mayor, then, a question for -- Mr. Nary, I know we are diving into -- deep into HOA civics lessons. In this particular scenario, if a -- somebody parks an RV on the driveway, it's incumbent upon the HOA to enforce their own rules , not the city, until it's been after three days. Nary: Madam Mayor, Members of the Council, that's correct. So, the city wouldn't take any enforcement action outside of that three days. Yes. Hansen: I guess my comment to that is the city has more resources and are better capable of enforcing the three day rule. For HOAs it's going to be -- start to be chaos. De Weerd: Thank you. Johnson: Madam Mayor, next as John Padden. De Weerd: Good evening. Padden: My name is John Padden. I live at 260 -- De Weerd: John, can you pull that up. Bring it close. Yeah. Padden: My name is John Padden. I live at 2605 West Leonard Street. De Weerd: Thank you. Padden: You know, this -- I wish I had read up on this -- this ordinance a little bit more before I got here, but I'm -- I'm in support of anything that will keep RVs and trailers off the streets, off the lawns, off the yards, you know, the driveways. It's -- in my neighborhood, you know, it doesn't seem to matter if your fines are five dollars for the first offense or a thousand dollars, if there is going to be no enforcement and my experience is it's been like whack a mole. I will call the enforcement officer, he may or may not come out for a week, you know, he may not get back to me about, you know, what happened Meridian City Council Meeting Agenda December 17, 2019 – Page 54 of 504 Meridian City Council December 3, 2019 Page 14 of 80 or at best he -- he goes on and knocks on the door, maybe tries to cajole the -- the violator. I have yet to see a ticket issued. It's terribly frustrating. I mean there are contractors' trailers, RVs, weeks at a time, months, permanently parked on the street. So, I don't know what needs to be done, but it's an absolute eyesore. It's a hazard, especially at intersections, because of -- you know, the visibility concerns and -- and the way traffic just runs through our neighborhood and doesn't stop at stop signs and, you know, they can't see what's around the corner. And, again, I mean I'm all for increased fines and if you are going to try to determine what a decent fine is or what an appropriate fine is , maybe start with monthly costs for storage at local storage facilities. They run 65 dollars to 130 dollars a month and if -- if I have an RV, I'm going to park it on the street and if I get a 25 dollar fine, so what, you know. It will just -- maybe another few months another neighbor will get angry -- I can prolong it and, you know, what will be my monthly or yearly cost -- I don't know. You have to -- you have to make the -- you have to make a serious deterrent. Thanks for your time. De Weerd: Thank you. And maybe that's another consideration for the next City Council looking at -- at fines if our code enforcement manager there is -- is looking at that, so there you have it. It was a great recommendation, though. It makes a lot of sense. Okay. Mr. Clerk. Johnson: Madam Mayor, those were the only two indicating they wished to testify. De Weerd: Thank you. Is there any citizen who would like to provide -- yes, ma'am. Thank you for joining us. We appreciate that. If you will, please, state your name and address for the record. Pitzer: Thank you, Madam Mayor. Patty Pitzer. 2703 East Wainwright Drive in Meridian. De Weerd: Thank you, Patty. Pitzer: Council Members, I am opposed to the three day -- even three days is too long to have RVs sitting on the street. Nowadays with the subdivisions going in, 27 feet is getting to be our average residential street size. An average RV is nine feet wide. If you have a car parked on the other side of the street that's seven feet wide, that leaves you 11 feet for the cars to go through. It's just -- RVs don't need to be on the street. De Weerd: Thank you. The ordinance proposed change is about parking them in the driveway. Pitzer: Oh. Well, then, I don't care if they are in the driveway. De Weerd: That's all right. Would you prefer them in the driveway? Pitzer: Yeah. Well, I mean as long as they don't extend out, but I don't think that they should be there forever. I think you have storage fees, I think you have many ordinance -- not ordinances, but HOAs say they have to be kept behind a fence. There is like lessons Meridian City Council Meeting Agenda December 17, 2019 – Page 55 of 504 Meridian City Council December 3, 2019 Page 15 of 80 for those HOAs. I hope that they follow through with -- with whatever the penalties are. So, sorry, I misunderstood. De Weerd: That is all right. We love hearing comment irregardless. Pitzer: Thank you for having me. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think her comments were useful anyway, because we learned that she does not want them on the street. I think that it's important we re-emphasize that it's not all just about, you know, giant Class A RVs. This goes all the way down to you can't put a motorcycle trailer in your driveway. You can't put a utility trail er. You can't have it there for five minutes when you are moving to bring furniture in your house . It would have to be on the street. Obviously, we are not going around writing tickets for people that are actively moving things in and out of the house, but it's against the law and this would provide a reasonable opportunity to utilize tools that many Idahoans have on their own property. De Weerd: Any others wishing to testify? Yes, sir. Bosco: Good evening. De Weerd: Good evening. Thank you. If you will, please, state your name and address for the record. Bosco: Greg Bosco. 207 West Spicewood Drive, Meridian. De Weerd: Thank you. Bosco: I had a personal experience with -- dealing with HOAs and everything about this. What had happened is the HOA allowed us to have our RV in there and we have plenty of room, not blocking anything and -- and, then, finally, called the city. The city came and said that we had to move it or put it behind a n enclosed fenced area, which is -- as I understand. So, you know, I thought it was kind of like a federal and state laws where it could be a little bit more restrictive -- the HOAs could be a little bit more restrictive. So -- anyway. So, since it was that, I had to put that in a -- into storage and -- but it wasn't in the way, it wasn't blocking anything. So, I think we should be allowed to have RVs, as long as it's not blocking -- I understand blocking a sidewalk or something like that , but -- but if it fits in your driveway -- if it's a -- if it's a pop up trailer, if it's whatever you have -- I mean not something huge where it's hanging over a sidewalk, but I think along with what you said, you know, being allowed to have something like that on your property without Meridian City Council Meeting Agenda December 17, 2019 – Page 56 of 504 Meridian City Council December 3, 2019 Page 16 of 80 neighbors and everybody calling about that. So , I think it should be allowed, as long as it's not impeding on somebody else's -- or the public walkway. De Weerd: Thank you so much. Bosco: Thank you. De Weerd: Any further testimony? Hey, Rich, do you have comments? Everett: I do. Thank you. Good evening, Madam Mayor, Members of the Council. Last time I was before you I was given some questions that I couldn't answer and I apologize for that. So, I'm back here to answer them now and the question that was most resounding was from Councilman Cavener about some statistics as far as number of these type of complaints that my folks have investigated. So , for this year, up until October 31st -- so, the first ten months of this year, are numbers -- we responded to or were made aware of over 190 violations of the section we are talking about, Uniform -- Unified Development Code 11 -3-C4 and those are the parking standards we are talking about in the driveway. So, over 190 of them were investigated by my folks and there were only three that we weren't able to get compliance on. We were able to move forward with our educational campaign and inform folks on what the current law was -- or is and get them to come into compliance. So, a lot of them -- only those three that were sent off for review by -- by the city prosecutor. And, then, the other direction that I was given was to come with a recommendation -- a staff recommendation on it and the police department's recommendation on this is to not amend the ordinance as proposed or to just eliminate the requirements, because the amendment makes it impossible for us to enforce. So, it will be a law on the books that we just couldn't move forward with enforcing . De Weerd: Okay. Council, any questions for Rich? Or those in the audience which is in charge of our code enforcement. Bernt: Madam Mayor, I have a question. De Weerd: Mr. Bernt. Bernt: Hey, Rich, how are you doing, man. Question for you. Out of those 190 that you went out and looked at with your -- with your code enforcement officers, how -- give like a breakdown regard to how many of those were in HOA subdivisions versus not. Everett: I don't know. We don't -- we don't track whether or not a property is part of an HOA or if they are required to fall into the CC&Rs. De Weerd: Okay. Any further questions? Okay. Everett: Thank you. De Weerd: Thank you. Chief, any -- any desire to weigh in? Meridian City Council Meeting Agenda December 17, 2019 – Page 57 of 504 Meridian City Council December 3, 2019 Page 17 of 80 Lavey: Madam Mayor -- Madam Mayor, Council, I think Richard pretty much covered it. The enforcement is -- would be absolutely crazy for us and we can't enter onto private property to enforce that. So, putting a three day rule in there is -- is a moot point. So, either allow them to park in a driveway or not. If you are going to mess with the law, then, you need to just eliminate it completely and let the HOAs who have HOAs enforce it. The clarification that the one lady was asking, the answer is yes. That's the simple answer. An HOA can be more restrictive. But it falls on them to, then, enforce it and what we find is some HOAs are really good at enforcing it and, then, some don't want to take on that burden, because if the person does not comply, it does revolve -- or resolve into district court and some HOAs don't want to do that or don't have the resources to do that. So , they can be more restrictive, but the burden falls on them to enforce it, not the city, and I guess that's all I have and will answer any questions that Council has. De Weerd: Thank you, chief. Council, any questions for Chief Lavey? Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, one other consideration -- and Rich raised that and I don't recall that it was much of the discussion. What you have on your agenda tonight is the parking requirements that the police enforce, but what also -- if you are wanting to desire -- allow recreational vehicles and that type onto driveways, which are considered to be the front yard setback, you have to change the UDC as well, because the UDC standards is what code enforcement addresses and that's what Rich is talking about. So, part of your action, if that's your direction, is to, then, have Planning bring forth that, which will have to go through the Planning and Zoning Commission for their -- for their comment and their recommendation to, then, come back to the Council. That takes approximately three to four months or so for that process to get back to the Council. So, just wanted you to be aware there is two steps that have to be done to change the standard, not just the one that's in front of you tonight. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't know who can give me some understanding. This is -- this is not the first time we have been talking about this. This process that we have set on was in part directed by the Planning Department to address this issue. So, yes, I'm -- I don't -- and if the Council doesn't want to move forward, then, it's a moot point, but it -- it is a little challenging to be through this process three months in and have somebody say, well, now you need to go through another process with P&Z and I think from a process standpoint I think it can be very clunky to the public to have this process play out and, then, to say, oh, we are going to go through P&Z now. So, I guess for future Council and the staff as we look at these types of things, there has got to be a more streamlined process, so that we are not here at the end -- and whether we move forward or not is irrelevant, that we Meridian City Council Meeting Agenda December 17, 2019 – Page 58 of 504 Meridian City Council December 3, 2019 Page 18 of 80 are saying, oh, now you are going to have to go do this piece, when they could have definitely been done in tandem, so that our citizens see that we have got our act together, because this -- this feels like we don't know what we are doing and I'm a little surprised this is now being brought to our attention tonight. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: So, Madam Mayor, Council Member Cavener, every discussion we have had on this topic, the conversation has always been do we want to move forward at all. So, the process of how to move forward wasn't ever discussed, but -- but Mr. Everett has always raised that the whole session we are talking about that he deals with is the UDC and that always has to go through the Planning and Zoning Commission. So, I'm sorry if it wasn't clear, but it hadn't been clear to me whether the Council even wanted to move forward with this topic on whether to even consider a change and that tonight was -- I thought from the last conversation was to ask the public to weigh in on whether we should move forward with the change. We can change one part of the code and that wil l deal with some of it, but the specifics that you are talking about are in the UDC. So , I'm sorry if there was a lack of clarity, but we haven't had clear -- clear understanding that we even want to move forward. Cavener: And Madam Mayor -- De Weerd: Which is why it is listed as public comment, because there hasn't been a clear direction from Council on the direction this wanted to go. Cavener: Well -- De Weerd: Mr. Cavener. Cavener: And, Madam Mayor, this -- this process began as some changes to the UDC. That's where this process originated. So, it was staff who said that we needed to go this approach and work with code enforcement on it , which is why I took the direction from staff. So, it just -- it feels very much like that the ball is bouncing and I'm having a really hard time trying to follow where it's going to land next. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Who drafted the ordinance that's on our agenda ? Nary: Madam Mayor, Members of the Council, so our -- my office drafted that parking change at the Council's direction, but we can't draft the UDC change, that has to come through the Planning Department. So, the UDC change, if that's your direction, still has Meridian City Council Meeting Agenda December 17, 2019 – Page 59 of 504 Meridian City Council December 3, 2019 Page 19 of 80 to go through that process. That will -- that will aid some in regards to parking in general, but the specifics of parking on the driveway is still prohibited by the UDC until an amendment to that is done. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have a question for police. So, if -- say we allowed parking in driveways. So, now there is not a three day rule or anything like that. It's allowed. It's up to the HOAs to deal with it, but it's hanging out onto the sidewalk and that's strictly prohibited and there doesn't have to be proof of -- or moving -- as far as enforcement it's easy; correct? Then what would you do? Lavey: Madam Mayor, Councilman Milam, that is correct. There is a parking ordinance that talks about blocking the sidewalk. But it is a parking fine, so it is a minimal fine. I don't recall what it is, but it's probably 25 dollars. But there is a mechanism for us to address that, but it would be blocking the sidewalk, not the fact that it's in the driveway. You will see that often with long trailers that will extend into the -- into the sidewalk. Milam: Madam Mayor, follow up. De Weerd: Uh-huh. Milam: And so does it have to block the entire sidewalk or does it have to be -- how many inches or feet into the sidewalk? Lavey: Madam Mayor, Councilman Milam, well now you're -- you're getting into what the law says and, really, it only has to be a quarter of an inch -- Milam: Okay. That's all I -- Lavey: -- but it has to be -- it has to be reasonable. Milam: Right. Lavey: So, we will give it a set amount. Milam: But it doesn't have to block the sidewalk. Lavey: No. Milam: It could be just into the sidewalk a foot or something and you are going to -- Lavey: Correct. Meridian City Council Meeting Agenda December 17, 2019 – Page 60 of 504 Meridian City Council December 3, 2019 Page 20 of 80 Milam: -- get a parking ticket for that. Okay. Lavey: As long as it's reasonable and a common sense approach. Milam: The question really was about enforcement being much simpler as -- the way that it was -- this was written was unenforceable based on the feedback that we got from you guys. So, this -- if that were to happen would be at least an enforceable change. Lavey: We currently enforce that now. It's easy to enforce. We will show up, we will take a picture of it, we will write a citation. It -- it's relatively simple. Milam: Okay. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Whatever the process ends up happening, so be it, but I guess my commentary on -- on the idea is -- I mean we -- we passed an ordinance that was complicated to enforce with the air compression brake ordinance and it restricted freedom. We have an opportunity here to increase freedom with a complicated to enforce ordinance. So, I think if -- if we are willing to restrict it and have complicated enforcement, why the heck wouldn't we be willing to -- to deal with the complicated enforcement when we are actually going to increase the ability of our citizens to be able to use their property. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If I can answer it and maybe move this thing along. I understand the distinction is it's not a choice. If there is a UDC portion that requires a change we don't elect to voluntarily run that through P&Z and City Council, that's a requirement. So, that's the requirement, you are not choosing -- there is no correlation to imposing or lifting impacts on freedom through this process we have got. So, I think that's a distinction. Where air compression brakes doesn't necessitate a UDC text change. If -- if what's contemplated here does, so be it. I think what I understand, if that's the case, then, somebody provide direction and make a recommendation that we proceed to do X, Y and Z and have staff initiate the UDC text change to facilitate that change. It's what I hear -- if -- if that hasn't been done, if there is a desire to do it, then, I would say that, that starts it. It probably doesn't answer the question of how we gobbled it to here in the first place , but it at least gets the ball moving. Cavener: Sure. Borton: That's something. Meridian City Council Meeting Agenda December 17, 2019 – Page 61 of 504 Meridian City Council December 3, 2019 Page 21 of 80 De Weerd: And -- and the desire has never had a formal motion to even know where Council is weighing in on this. It was a desire to give public comment. Anyway, that was our understanding of it. And also to get further data from code enforcement. So, I guess I would ask for specific direction from Council. If you want to see this change to make a motion and the majority can decide how best to move this forward and it would require processes outlined by Mr. Nary. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, I have really been avoiding trying to kick stuff down the road to the next council, but asking this group -- this body right here now to go forward on something that we are not even going to be around for to make a decision , it just seems if we -- if it's going to be that long of a process and it's a couple more weeks, then, it seems that -- the people that are going to be making that decision I think should decide if it should go forward. But I don't know if Councilman Cavener should have to go through what he's going through all over again. De Weerd: Start all over. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Madam Mayor, appreciate the discussion this evening in regard to this proposed ordinance. I think it's pretty obvious that code enforcement and the chief are not in favor of this. I think would cause a lot of problems for them. So, I would -- I wouldn't be in favor of the proposed ordinance as is, but would be open to the idea of maybe allowing parking in driveways. I don't know how I feel about that. I haven't had a lot of time to process that. But as far as the proposed ordinance is concerned , I think that I wouldn't be in favor of it. De Weerd: Okay. Well, I don't have a problem recommending kicking this down the road. And that would be my recommendation, especially with the process -- irregardless it would need to go through the UDC process , along with a number of other things. But I -- I think that it probably would be a good conversation for the Council next month to process and see if there is a desire to add this to the UDC change list and -- and, then, start that process. So, great recommendation, Mrs. Milam. I agree. And it feels good. Okay. Anything further on this? And thank you to those that -- that came to provide comment. So, tonight we keep the ordinance the way it is. So , that's where we are tonight. D. Public Hearing for Street Length for Cul-de-Sacs (H-2019-0107) by Todd Campbell Meridian City Council Meeting Agenda December 17, 2019 – Page 62 of 504 Meridian City Council December 3, 2019 Page 22 of 80 1. Request: To extend the maximum street length for cul-de-sacs listed in UDC 11-6C-3B.4 from 450 feet to 500 feet, or up to 750 feet with City Council approval. De Weerd: Okay. Item 9-D is a public hearing for H-2019-0107. I will open this public hearing with staff comments. But before I do so, is there anyone here that is new to the public hearing process as we get into land use decisions? So, you all know that we start with staff reports and the applicant has 15 minutes to provide a description of their project and proposal. Then public hearing testimony is taken. You have three minutes each and there is a timer on the podium. There will be a bell that sounds at the end of three minutes and if you don't hear it I will remind you. At the end of public hearing and testimony we will ask the applicant to come up and summarize, answer any questions that were brought up during the testimony and, then, Council will deliberate. Just keep in mind that there -- on each of these items there is a public packet that Council's had the opportunity to review in advance of this meeting and that it will be part of their consideration as well. So, with that said, Bill, it's all yours. Parsons: Thank you, Mayor, Members of the Council. Next item on the agenda is a UDC text amendment. Kind of coincided with the last discussion. This is not city initiated. This is something that -- if the Council recalls there was an applicant -- an application before you approximately two or three months ago called Silver Springs Subdivision and there was an instance where they could not get access through a common lot to a collector roadway, which caused them to create a cul-de-sac in excess of what the UDC allows. So, the graphic before you shows you that the way it's currently written in code the city ordinance restricts cul-de-sac lengths and any series of dead-end streets to a length no greater than 450 feet. If you recall with a particular project the applicant was slightly over 450 feet, but there was no Council waiver or no mechanism in code to allow Council to grant that waiver. So, the only mechanism they have before you this evening is to change the UDC and so what we did is the applicant heard you, they went and researched the local jurisdictions in the Treasure Valley and brought forth some changes in the application. Now, when we went to the Planning and Zoning Commission -- I mean code challenges are serious for us. We know it impacts development citywide and not just a specific development and so if we are going to support an applicant's request to change the code, we want to make sure we have evidence and we do our due diligence and our research supporting or not supporting the requested change and so I wasn't specifically assigned to this, Caleb actually -- the planning division manager -- took this particular project and he did some extensive research and provided you that analysis in the staff report. But we -- what we found is that we could find compromise with what the applicant was proposing. So, the applicant did go to Ada county, went to the city of Boise, went to the city of Kuna and did find some support for the 500 foot extension of cul-de-sacs and, then, looking at fire code and also ACHD policy, they did support up to a 750 foot cul-de- sac length. So, the text amendment before you this evening takes into account all of that information that was provided to us in looking at local and national jurisdictions. Now, staff did receive some public testimony after the Planning and Zoning Commission from the BCA, from our development community and, then, also a law firm and primarily two -- one of the design professionals and one of the developers would like to leave the 450 Meridian City Council Meeting Agenda December 17, 2019 – Page 63 of 504 Meridian City Council December 3, 2019 Page 23 of 80 foot cul-de-sac length intact, but still have the ability to have some flexibility if you go over that 450 foot requirement and, then, the other issue from the law firm and from BCA was the number of homes that we are limiting on the cul-de-sacs and I will share with the Council that there is not a magical number for the number of homes taking access off a common drive -- or off a cul-de-sac. The intent behind it is to limit the number of homes on a cul-de-sac, because we don't want -- from our standpoint and the policies and our Comprehensive Plan is we don't want to have our subdivisions with a bunch of cul-de- sacs. It's -- it's intended to be interconnectivity and connecting community, not walling everyone off in having these long cul-de-sacs throughout the community. We need to have interconnectivity. We need to alleviate congestion on our collectors and arterial roadways and let things function the way they are and that's something that we had spoke to -- to the Commission at length, if you had a chance to review or watch the YouTube video. One thing that also came out from the Commission was adding this as in a graphic to the UDC, so it would support what we were doing with the proposed changes this evening. So, to show you how we would want to limit the cul-de-sac length, the number of homes and, then, having at least a ped connection when you do have a cul-de-sac length in excess of 750 feet linear feet. And we also shared with the Commission how certain two properties could develop with interconnectivity and still not compromise the number of lots on that particular -- for a particular development. So, you can see on occasion we have had developments that had streets that ended in cul-de-sacs, but you can see here that if you were to extend that roadway you still get the same number of lots and still have connectivity between both neighborhoods with public streets. And, then, we also took that same example with you and took that Silver Springs development and showed you how it could work under current code and still -- again, you can see as you redesign it there is -- there is a loss of lots, but even in the worst case scenario you are losing two lots and the applicant just didn't want to do that. They decided to go ahead and pursue the UDC text amendment. So, going back to my first slide here, you can see here again staff is amendable to the 500 -- extending the UDC text amendment from 400 feet to 500 feet and, then, giving you the ability to grant something greater if there is topography issues, steep slopes, railroad tracks, large waterways, maybe even a state highway, there are some circumstances that could prevent streets from being extended. And this is similar language to what we currently have in our block length standards under the UDC subdivision standards and, then, we wanted to also define how you would measure the cul-de-sac. So, you would go to the center of the turnaround for the cul-de- sac, instead of all the way to the back edge of the cul-de-sac to give, again, the developer some flexibility as to how to measure that. So, with that the Planning and Zoning Commission did recommend approval, again, with these standards in front of you this evening. I did share with you the public testimony that we received. I have no new information to share with you and I will stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions at this time? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council Meeting Agenda December 17, 2019 – Page 64 of 504 Meridian City Council December 3, 2019 Page 24 of 80 Bernt: Thanks, Bill. One question. I know that it's fluid, these -- this -- these -- this -- you know, the lengths of -- of cul-de-sacs vary from different municipalities, but my question -- what's the average? I mean there has to be like sort of -- there has to be some number, you know, like some type of guideline, so to speak. Parsons: Yeah. Madam Mayor, Members of the Council, that's something that we had alluded to in staff report. It varies greatly throughout the nation. Some cities don't even allow cul-de-sacs. Every street has to be connected. But in the valley what we found is 500 seems to be the standard and that's why we felt comfortable in the request that you see this evening. Certainly it's within your purview to leave it as is or have some proposed changes. But the idea behind this code change isn't to allow -- again, I guess the -- the takeaway here is that the Council still will have discretion and staff will have discretion as to whether or not a development should have more connectivity or less connectivity and I think that was the direction of the Council give us some tools that we can use on a case- by-case basis, not set the -- the precedent that we are going to have cul-de-sacs in all of our subdivisions, multiple 750 foot long cul-de-sacs throughout the community. It was, again, giving you some options when there are certain site impediments that can't be met or complied with. De Weerd: Okay. Any other questions at this time? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one. Bill, what's the -- what would be the reasoning behind the proposed limitation be -- the number of dwelling units. I know you referenced it and I get it, but there is reference in the application materials about fire code standards and you can have the dimensional standards of the applicable zoning and those two could provide the ultimate cap on the number of dwelling units that could be eligible for an extended cul-de- sac. So, why would we cap it at 20, rather than utilize those other two? Parsons: Well, Mayor, Members of the Council, again, that's your purview to -- to change that. I think our -- when Caleb did his research he -- he didn't do a complete sweep of the city, but there were a handful of cul-de-sacs that had more than 20 homes accessing off of cul-de-sacs. There weren't -- very few. It's very limited circumstances where you are going to have that occur and, again, the idea is to try to discourage cul-de-sacs, not change the code to encourage more cul-de-sacs. But that did come up with the Planning and Zoning Commission. Currently the fire code does allow up to 30 homes off a single access and I think that's what the argument to BCA is using is why can't we have up to 30 homes or let the design of the -- and also from the attorney's office why not let the code dictate what -- how many homes you could have on a cul-de-sac. I would also mention to the Council that ACHD has a limitation on the number of homes off a cul-de- sac and it is based on vehicle trips, not necessarily the homes. So, it's up to 400 vehicle trips per day on a cul-de-sac is how they measure the length of a cul-de-sac or how they are going to restrict it and, again, you get typically an average of ten vehicle trips a day Meridian City Council Meeting Agenda December 17, 2019 – Page 65 of 504 Meridian City Council December 3, 2019 Page 25 of 80 from a single family home, so that would give you a number of 40 homes off a cul-de-sac if you use that math. So, again, it -- it varies. It is arbitrary. We did pick 20 homes based on what's occurred in our community. We felt comfortable with that , but some of the language that the applicant proposed from Conger Management -- they said a cul-de-sac street shall serve a maximum of 30 dwelling units if it's over 450 feet. So, I don't see a situation where you are going to have more than 30 homes off a 450 foot cul-de-sac given the dimensional standards. Is that a possibility? I guess anything's possible. We don't know all of the unintended consequences when we are looking at code and certainly that's, again, why we are very serious about it and we do our research, because we don't want these unintended consequences where we get a code in effect and all of a sudden we have that one project that comes through and we didn't take that into account and now we are stuck with a code that doesn't work. But that's some of the rationale is we don't want to encourage cul-de-sacs. We want to make it flexible, but we also don't -- that shouldn't be the norm -- the new norm for Meridian to have cul-de-sacs -- these long cul- de-sacs. It should be almost like alternative compliance, case-by-case basis and work with the development community and as to -- and still support our Comprehensive Plan for connectivity. Certainly with -- with the new Comprehensive Plan coming out, I think shorter block lengths makes sense, because we do want to have more density or more diversity of housing products and it makes it more difficult the longer block lengths you have it's just -- you are going to get just a row of houses and have a lot of issues. So, again, we are trying to -- to build on that livability component into the community. De Weerd: Okay. Thank you. So, the UDC texts amendment does have an applicant. The application -- Parsons: It does. Yeah. De Weerd: Is the applicant here? Good evening. Thank you for joining us. Waite: Thank you for having me. De Weerd: If you will, please, state your name and address for the record. Waite: Madam Mayor, Members of the Council, my name is Dean Waite. I live at 4283 Nystrom Way in Boise. De Weerd: Thank you, Dean. Waite: As Bill explained very well and as many of your probably remember several months ago, we were going through options for the Silver Springs Subdivision preliminary plat and we came down to two options and the one that we had to choose, because of some -- because of the way the code is written, was the -- the less -- the less desired option by both us and the Council. At that point the Council asked us to go back and to provide some flexibility by proposing an amendment to the -- the text of the UDC code. That's what we -- that's why we have made the present -- or the -- the request that we have to go from 450 feet to 500 feet, with some flexibility up to 750 feet for special Meridian City Council Meeting Agenda December 17, 2019 – Page 66 of 504 Meridian City Council December 3, 2019 Page 26 of 80 circumstances. Council Member -- I think it was Bernt that asked about the averages of other jurisdictions, was that -- so, when -- in the research we did Meridian is the -- the most restrictive as it currently stands at 450 feet. Star was the only other community we found with 500 feet. Boise and Eagle were both -- they don't have -- they -- like Meridian and like us they prefer no dead-end streets and cul-de-sacs. We want connectivity; right? But -- but Boise and Eagle both allow up to 750 feet and that's more of a fire code restriction than anything. ACHD, as was mentioned by Mr. Bill, was -- their limitation is 400 trips, which is about 40 homes, and so the proposal to me up to 500 feet makes -- makes complete sense and kind of fits with our other jurisdictions, but the option to go up to 750 feet with Council approval in certain circumstances to me answers the question that you provided to allow you some flexibility in certain circumstances and it's not to put cul-de-sacs everywhere and to make big long cul-de-sacs everywhere, that's not our goal either, but it's still awesome. Flexibility for certain situations, like this subdivision that's bordered on three sides without access to any public right of way. That's -- that's all I have. That's all our proposal is to -- to change from 450 feet limitation to the 500 feet, with options up to 750 feet with those restrictions. De Weerd: Thank you, Dean. Council, any questions? Thank you. Waite: Thank you. De Weerd: Mr. Clerk, are there any citizens signed up to testify? Johnson: Madam Mayor, there is one. Dave Yorgason. De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Yorgason: I will. My name is Dave Yorgason. Address 14254 West Battenburg Drive, Boise, Idaho. And I am here with a couple different hats. One is speaking to history, as Dean just well articulated. We appreciate your -- your approval of the Silver Springs Subdivision as we are working with Todd Campbell with that effort and we really were constrained on the northwest and south sides, only had access coming from the east side, including a large -- two different homes, actually. We had to meander the street around to -- to accommodate the -- the development design. I won't get into all the nuances, other than just say we recognize -- on behalf of the BCA recognize the additional analysis that the staff has done. If the City Council and Mayor are so inclined to accept -- I think there is some good guidance there to the city as to why you may want to go over the 500 feet. There are real constraints that the city will see. One of my comments is -- is that -- is the City of Meridian will see more in-fill type development and not that you have or have not approved your comp plan, but I do anticipate higher densities coming to the city and some of your specifically medium density type developments, you will have more and more of these challenges. The 450 foot constraint is -- is really constraining and you may or may not want to go to 750 feet, there may be reasons to grant that, but the 500 foot really is -- is a minimum threshold for the rest of the Treasure Valley. I recognize that as work moves forward with this development that we need to have a Meridian City Council Meeting Agenda December 17, 2019 – Page 67 of 504 Meridian City Council December 3, 2019 Page 27 of 80 decision tonight, so we can move forward with the construction of the subdivision , otherwise, it's in a stall and so we are asking for an approval tonight. However, the real big concern, which is what I want to emphasize here, is the number of homes, being restricted to a maximum of 20 on a cul-de-sac. This development of Silver Springs was an R-4 zone. You have a lot of R-8s and R-15s and other type of zonings in the city as well. An R-8 zone, even at a 450 foot cul-de-sac or a 500 foot cul-de-sac, you can easily put in almost 30 homes on a -- on a -- in fact, I think it's 29 is what I drew up on a 500 foot long cul-de-sac and so the 30 seems to be -- if the city wants to put a limitation on it, 30 should be the number and I don't know why it would be less. The fire code is -- is single access, no more than 30 homes. I don't know where else -- where that number of 20 came from. I don't know -- other than it just felt it came out of the air and it doesn't validate it or justify of anything and so on behalf of the Building Contractors, if you do want to have a restriction to the maximum number of homes, we ask that you change that number from 20 to 30 and with that I stand for any questions. De Weerd: Thank you. Council, any questions? Thank you. Yorgason: You're welcome and I will take my last few seconds to say thank you to Council Member Roberts, Palmer, Council Member Milam, and Mayor Tammy. I don't know if I will see until your term is up. Thank you for your service to the city. De Weerd: Thank you. Yorgason: Yo u're welcome. Thank you. De Weerd: Mr. Clerk, any other sign-ups? Johnson: Madam Mayor, no additional sign-ups. De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide testimony? Yes. Good evening. If you will, please, state your name and address for the record. Bailey: Madam Mayor, Council, my name is Laren Bailey. My business address is 4824 East Fairview Avenue, Boise, Idaho. I have a handout here I would like to pass to the clerk. De Weerd: If you will give it to the clerk. Yes. Thanks. Bailey: Just to clarify a couple things. We did submit a letter and I think there was a little bit of confusion on our end. We found out about this kind of last minute and maybe that's a little bit our fault, but we just are concerned about the -- the 20 lot requirement -- minimum requirement -- or maximum requirement. Excuse me. We -- we agree with the 500 foot cul-de-sac length. We are happy -- I mean I think the extension to 750 if the Council approves it makes a lot of sense. It gives you the flexibility and way to look at each situation and make an informed decision. But requiring a 20 foot restrict -- or 20 lot Meridian City Council Meeting Agenda December 17, 2019 – Page 68 of 504 Meridian City Council December 3, 2019 Page 28 of 80 restriction we just think is -- as Bill indicated arbitrary. If ACHD allows the trip count and there is no fire or emergency issues, we just -- we feel like going to 30 makes -- makes much more sense. So, what I have provided you is just a sample motion -- you know, just the changes we would make are in red and that's -- with that I will just stand for any questions. De Weerd: Thank you. Council, any questions? Okay. Bernt: Nice to see that you remembered your business address. Bailey: Yeah. Thanks. It took me a whole week of practice. De Weerd: He read it off a piece of paper I think. Okay. Thank you. Bailey: Thanks. De Weerd: Okay. Any other testimony? Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Did you go through -- there is no other testimony? De Weerd: No. Borton: All right. Madam Mayor, just a quick -- a quick comment. I think what Mr. Parsons was talking about with regards to the intent of the current and the new comp plan and connectivity and all of those principles still remain and they are I think going to be important for us to remember as applications come forward. That being said , I -- I wasn't necessarily comfortable with that restriction of 20 as well. It seemed to make sense that affording flexibility. The draft language says under that paragraph -- it says shall serve. I thought may serve. I mean it's not a requirement that it's -- it's -- it's sort of a capacity cap. Again, the intent is to encourage flexibility in these really unique situations. I appreciate -- and there has been no objection to subparagraph B and -- and kind of the very narrow window where there might be a necessity for this exception , all seems to make good sense. So, if subparagraph B on what's in front of us was changed to read cul-de-sac streets may serve a maximum of 30 dwelling units , that's compliant with fire code, it affords flexibility, and still seems to meet the intent of -- of providing a solution in those unique situations that we had an applicant confronted with recently. So, I would be comfortable going forward with that adjustment. De Weerd: Okay. If there is nothing further, do I have a motion to close the public hearing? Borton: Madam Mayor? Meridian City Council Meeting Agenda December 17, 2019 – Page 69 of 504 Meridian City Council December 3, 2019 Page 29 of 80 De Weerd: Mr. Borton. Borton: Move we close the public hearing on Item 9-D, H-2019-0107. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-D. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam -- oh, go ahead. De Weerd: Bill, any comment from staff? Parsons: Madam Mayor, Members of the Council, no. I think that's, again, well within your purview to make the changes this evening. It's clear for what you want to do. So, if that's the direction of the Council, certainly staff can support that and move forward with this code change. De Weerd: Thank you. Mr. Borton. Borton: Thank you, Madam Mayor. I move we approve Item 9-D, H-2019-0107, amending subparagraph B to read cul-de-sac streets may serve a maximum of 30 dwelling units. Milam: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I was vigorously zooming around the city trying to find one and the last place I thought to look -- for some reason I did -- I found a street, a cul-de-sac, that has -- according to -- well, at the time that the picture was taken has 29 houses on it, but it looks like 31 building lots and it's in Spurwing. So, it's in kind of our premier neighbor that we all wish everything was like and it's got 31 lots on it. So, I think there is definitely scenarios in which this makes sense and if we have to go to 30, I would rather not have a restriction at all, given that that's our greatest example. But certainly 20 now makes a lot more sense looking at this. De Weerd: Mr. Clerk, will you call roll. Meridian City Council Meeting Agenda December 17, 2019 – Page 70 of 504 Meridian City Council December 3, 2019 Page 30 of 80 Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing for Hathaway Warehouse (H-2019-0118) by Hathaway Development, LLC, Located at 2198 & 2262 E . Franklin Rd. 1. Request: Vacation of the southern 10-feet of the 15-foot wide landscape and irrigation easement depicted along the northern boundary of Lots 2 and 3, Block 1, Whitehawk Subdivision. De Weerd: Item 9-E is a public hearing on H-2019-0118. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next application before us is the Hathaway Warehouse vacation. The site is located at 2198 and 2262 East Franklin Road. The applicant is here this evening to request a reduction to the 15 foot landscape and irrigation easement along the south portion -- or, excuse me, north boundary of this particular property. This property was approved with the Sparrowhawk development in 2003. At the time that it came through there was a PUD and the code in effect at that time required that the applicant buffer commercial uses from industrial u ses where there wasn't a buffer developed with the industrial property. So, they were hit with this requirement because of a previous code. So, staff did receive -- the applicant intends to -- the applicant's been approved for a property boundary adjustment to consolidate the parcels into one property, so that they can construct a 20,000 square foot flex building on the site. The city is in the process of reviewing and approving that certificate of zoning compliance and design review application for this building once this vacation is acted on this evening. So, currently the current code does not require a buffer between commercial properties and the industrial property. Staff did receive written testimony -- or a written letter from the Nampa-Meridian Irrigation District, who is the easement holder over this 15 foot easement and there are no facilities in there, so they are comfortable with the reduction in the landscape buffer and so the current code only requires that there is five foot -- if there is parking adjacent to that boundary, that there is only a minimum five foot landscape buffer required. So, that's why they are going from 15 down to -- removing ten and going down to five. Staff did receive written testimony from the applicant in agreement with staff's recommendation to reduce the buffer and with that I would stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Okay. Is the applicant here? Okay. Mr. Clerk, any citizens signed up? Meridian City Council Meeting Agenda December 17, 2019 – Page 71 of 504 Meridian City Council December 3, 2019 Page 31 of 80 Johnson: Madam Mayor, yes. There were two sign-ups, neither indicated they wished to testify. I believe it was the applicants. De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide testimony on this item? Council, any questions for staff or the applicant? If not, I would entertain a motion to close the public hearing. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move that we close the public hearing on 9-E. Bernt: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-E. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move that we approve H-2019-0118. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-E. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing for Waterwalk (H-2019-0111) by dbURBAN Communities, Generally Located on the West Side Of N. Eagle Rd., North of E. Franklin Rd. 1. Request: Rezone of 6.03 acres of land from the I-L to the C- G zoning district. Meridian City Council Meeting Agenda December 17, 2019 – Page 72 of 504 Meridian City Council December 3, 2019 Page 32 of 80 De Weerd: Item 9-F is a public hearing for H-2019-0111. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next application is the Waterwalk rezone application. The site consists of 2.1 acres of land, zoned I-L, and is located on the west side North Eagle Road and the east side of North Olson Avenue, just north of East Franklin Road. This property was annexed in 1997 without a requirement for a development agreement. The current Comprehensive Plan designation for this property is commercial and the rezone from to I-L to C-G is consistent with the FLUM designation of this property and the site is currently vacant commercial property ready for development. So, the applicant is here to rezone the property, again, from C-G to -- or, excuse me, from I-L to C-G. A conceptual development plan was proposed for this property, but it is conceptual at this time. It does show two hotel sites on the property and associated parking. The applicant has also indicated that office users are also contemplated on the site, but aren't depicted on the plan. Access to the site will be proposed from a local street, which is North Olson Avenue, which is along the west boundary and already constructed and it provides connectivity to Franklin Road. No direct lot access is proposed to Eagle Road, which is consistent with the UDC. So, because the site plan is conceptual at this point, the staff is not recommending that this site plan be tied to the new development agreement for this property. We anticipate some future changes in discussions with the applicant and they want some additional time to modify the concept plan, so at this point we are not requiring them -- these elevations or the site plan before you to be tied to that development agreement and the DA also -- through the DA we are also going to restrict the uses on the site to office, hotel, retail, restaurant uses only and if any other uses are proposed for the site they would have to come back and propose a DA modification and modify -- provide a concept plan and a new layout for this body to take under consideration. Testifying -- the Commission did recommend approval to you with those changes not tying in the concept plan or elevations to the new DA. Dustin Holt, the applicant's representative and developer for the project spoke -- testified in favor of the application and written testimony was provided by the applicant's representative in -- in agreement with the staff's recommended DA provisions. The only item of discussion by the Commission at their hearing was the agreement that this makes more sense as commercial versus industrial property. Since the Planning and Zoning Commission there has been no changes or written testimony on this particular application. With that there are no outstanding issues with you. Staff and Commission are both recommending approval and I stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions for Bill? Okay. Is the applicant here this evening? Thank you for joining us. If you will, please, state your name and address for the record. Holt: Dustin Holt. 211 East Broadway, Salt Lake City, Utah. Madam Mayor and Council Members, thank you for your time tonight. I feel right at home with the elf on the shelf here. I have got young children, so -- De Weerd: You know, he has a name. His name is Zinger. Meridian City Council Meeting Agenda December 17, 2019 – Page 73 of 504 Meridian City Council December 3, 2019 Page 33 of 80 Holt: Zinger. De Weerd: Uh-huh. Holt: Okay. My children would appreciate Zinger. De Weerd: Well, Zinger has been named by the community and he is going to be all around the city the next 24 days or 23 days and so follow him on Instagram and Facebook. Thank you for the plug. That -- that just worked really nice. Holt: I know. That was perfect. I want to thank you for your service. I'm not part of your community. In my role at Dusty Baker, I am before appointed bodies or elected bodies, such as yourself, monthly, a lot of times weekly, and in the off case like this week, two times in a week. I have a little bit of an understanding of what it takes for you to serve your community. So, thank you very much from my world to yours for your service to this community. De Weerd: Thank you. Holt: I also want to thank Sonya. I know that Bill has stepped in for her tonight, but Sonya and I met and talked about this site a little over a year ago on my first visit. I appreciate the direction that she's given us. Her thoughts or input. I appreciate Bill stepping in for her. I also appreciate the Van Auker family for working with us on this site. Brad Miller and -- and now subsequently the Adler Properties Group, but we are very appreciative of that. We have reviewed the staff report. We are in full agreement with the staff report. I think just a couple of things to note. We are also acquiring the two lots south of this property. So, we are acquiring a little over seven acres from the property owner. The two lots adjacent to the south are already zoned commercial and so this brings a cohesive zone to all the property that we are acquiring. As Bill mentioned, we do anticipate a cohesive plan coming forward to you for our site plan and a DA, inclusive of those lots. We did not want to go to the extent of doing that if this rezone is something that didn't fit within your wheelhouse or your vision, so that's part of the reason what we have shared is conceptual. It will be revised and tweaked. I was on the phone even as early as this afternoon with Waterwalk and the hotel group. There is three different prototypes that they have. One is a single building and 109 keys. Another is two buildings, which is what you see here, and it's 153 keys. So, we are still working and waiting for a STAR report and a couple of market analysis to come back to define the exact prototype , along with Bill's -- what Bill mentioned, we are hopeful that when we bring a final site plan forward that we might be able to integrate office, medical office, retail and even some use -- have those uses with shared parking. Office and hotel generally are great synergistic parki ng uses. You get a lot of daytime use in the office and nighttime for the hotel. We are -- we know that we will never have access onto Eagle. We are hopeful in that process that a right-in, right-out might be something that we could work for off of Fran klin. We know there is a median there in the middle of Franklin, but thinking through just overall internal flow of that site, that is something that is in the back of our minds and being worked on in the plan. As was -- as was mentioned, staff recommended this for approval. The Planning Meridian City Council Meeting Agenda December 17, 2019 – Page 74 of 504 Meridian City Council December 3, 2019 Page 34 of 80 Commission unanimously forwarded a positive recommendation and we appreciate you hearing this matter and would respectfully request your approval on this matter tonight. If there is any questions I'm happy to address them , otherwise, I will sit down. De Weerd: Thank you. Council, any questions? Okay. Holt: Thank you. De Weerd: Thank you, sir. Mr. Clerk? Johnson: Madam Mayor, we had one sign in. They did not indicate they wished to testify. De Weerd: Okay. And you want to name them then or -- Johnson: They do not. De Weerd: Oh, they do not. Is there anyone who wishes to provide testimony on this item? Okay. Thank you. You are a quiet group. You are waiting; right? Okay. Council, any information needed from the applicant or staff? If not, I would entertain a motion to close the public hearing. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on Item 9-F. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Mrs. Milam? Milam: Madam Mayor. De Weerd: I just thought I would call on you. Milam: Sure. I wasn't sure if there was going to be a discussion. I move that we approve H-2019-0111, as presented by staff -- I think which includes the type of the commercial that can be on that property. Little Roberts: Second. Meridian City Council Meeting Agenda December 17, 2019 – Page 75 of 504 Meridian City Council December 3, 2019 Page 35 of 80 De Weerd: I have a motion and a second to approve Item 9-F. Any discussion? Okay. Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Public Hearing for 840 E. Ustick Rd. (H-2019-0098) by Scott Lamm, Located at 840 E. Ustick Rd. 1. Request: Annexation and Zoning of 2.29 acres of land with an R-4 zoning district. De Weerd: Item 9-G is a public hearing on H-2019-0098. I will open this public hearing with staff comments. Parsons: Thank you, Mayor, Members of the Council. Next item is the 840 East Ustick annexation. The site consists of 2.29 acres of land , currently zoned RUT in Ada county and is located, again, at 840 East Ustick Road, which is on the north side of Ustick Road between Meridian and Locust Grove Streets. There is no history on this particular property. The current -- the Comprehensive Plan FLUM designation for this property is low density residential and which is three units or less to the acre. The applicant is here this evening seeking annexation because with the road widening project of Ustick Road they actually will have services to the home, so right now it's uninhabitable until they can connect to city sewer and water. The applicant's actually rehabing the home as we speak through Ada county to try to get that process going and he has actually entered into a hook-up agreement with the city to -- to connect to those services predicated on annexation of the property. Excuse me. Originally when the applicant submitted an application he had requested to annex in with R-4 zoning designation. Because the applicant is not proposing any development at this time staff was more comfortable with downzoning him from an R-4 to an R-2 zone. We did discuss that with the applicant and he testified at the Planning and Zoning Commission that he was amenable to rezoning this -- or annexing this property in with an R-2 designation, because there are no development plans at this time. We have put in the hearing outline this evening if you -- if the Council is agreeable to the R-4 zoning as requested by the applicant, that you at least continue this project out and allow staff time to at least bring back some DA provisions to coincide with the R-4 -- requested R-4 zone. With the R-2 zone staff is not recommending a development agreement with the proposed annexation. The Planning and Zoning Commission, again, did recommend approval of the R-2 zoning. Speaking in favor of the application was Scott Lamm, who is the developer-applicant representative -- or applicant of this property. He also provided written testimony in agreement with the R-2 zoning as recommended by staff and, then, we had Alyssa and John Villanueva -- Villanueva providing written testimony. Key issues of discussion by the Commission was Meridian City Council Meeting Agenda December 17, 2019 – Page 76 of 504 Meridian City Council December 3, 2019 Page 36 of 80 the R-2 zoning versus the R-4 zoning and, really, in the code is -- the difference is dimensional standards. An R-2 zone is larger than an R-4 zone and you need greater frontage improvements for the R -- R-2 zone versus the R-4 zone. So, really, an R-4 can work. An R-2 is probably the preferred zoning by staff, just because there is no development planned at this time. So, again, there are no outstanding issues for the City Council this evening and staff has not received any written testimony on this application since the Planning and Zoning Commission. Staff is recommending approval of this application, along with the recommendation from the Planning and Zoning Commission with the R-2 zone and with that I will stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Is the applicant here? Do you have any comment? Lamm: No, not really. I will tell some stories, but -- hi. I'm Scott Lamm. Bill and his team were just great to work with and I'm willing to do the R-2 zone. That's totally fine. I think if -- if I don't have to do a development agreement I think it saves me 310 dollars in fees from the city. So, I'm all for saving 310 dollars. De Weerd: Merry Christmas. Lamm: And so based on -- based on the rest of the meeting here tonight, though, I am thinking that I may open it up for RV parking on those two acres and maybe do flyers out in the subdivisions with the HOAs -- with the HOAs, so -- anyway. Thanks. De Weerd: That's lovely. Lamm: Yeah. I think we are -- I'm happy to answer any questions. De Weerd: Council, any questions? Well, thank you for joining us. Lamm: Yeah. Thanks. Thanks for having me. De Weerd: Mr. Clerk, any citizens signed up to testify? Johnson: Madam Mayor, there were no sign-ups. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who wishes to provide testimony? Okay. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we close the public hearing for H-2019-0098. Borton: Second. Meridian City Council Meeting Agenda December 17, 2019 – Page 77 of 504 Meridian City Council December 3, 2019 Page 37 of 80 De Weerd: I have a motion and a second to close the public hearing on Item 9-G. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve H-2019-0098, inclusive of the R-2 zoning designation. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-G with the R-2 designation. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. H. Public Hearing Continued from November 12, 2019 for Silverstone Apartments (H-2019-0099) by Dave Evans Construction, Located at 4107 E. Overland Rd. 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument #2018- 012457 and DA Instrument # 2018-012456 and be placed in a new, separate agreement. De Weerd: Item 9-H is a public hearing continued from November 12th on H-2019-0099. I will ask for staff comments at this time. This is a continued public hearing. Parsons: Thank you, Madam Mayor, Members of the Council. As you alluded to, Mayor, this was continued twice from the October 22nd and November 12th City Council hearing. The main reason for the continuances was to allow the applicant time to provide revised plans to address staff's concerns in the staff report regarding the density on the site and the open space proposed with the development. I would mention to the City Council -- and I apologize for getting the memo and the revised plans out to you late yesterday evening. As you know we are understaffed and getting the plans -- I got the plans on Friday. The applicant reminded me that -- asked if I got the plans. I said yes. And I got into pre-application meetings and interviews to try to get new team members to join the team and with the shortened work week didn't have an opportunity to get that memo o ut to you in a timely fashion. So, apologize to the -- to the residents that are here as well. Meridian City Council Meeting Agenda December 17, 2019 – Page 78 of 504 Meridian City Council December 3, 2019 Page 38 of 80 It wasn't the intent to -- to get those plans out for their review, but it was my understanding in communications with the applicant that they were going to have subsequent neighborhood meetings and share the revisions with the neighborhood , so they were informed as to what the changes were going to be moving forward and so we took that and hoped that that was shared with the community as the applicant was trying to work through some of their concerns. So, I just wanted to go on the public record and -- and -- and state that there was a delay of getting those plans to the clerk's office , but this -- this particular property I do want to spend some time on the history of it, because it's -- it's morphed over from its original approval and this application this evening has two components of it. One, it has three development agreements governing the site, which is an inefficient way of administering developme nt in the City of Meridian. Two, one of the DAs has an error in it, so we have to clear -- clean that up. And, three, the applicant wants to increase the density on the site. So, my first part of the presentation I am going to spend a little bit on the history, because I think it's important to note to the Council that when this property was originally annexed into the city in 2016 the intention was always to have density on this site. This body approved a development agreement, a 14 acre site, to develop with 312 multi-family units. In 2017 the applicant came back before you -- not this applicant, but a different developer, different applicant, came back before you and said that that was too much density on this site , we needed to rezone this property, reduce our site. They changed -- did a conditional use modification, did DA mod, did a new subdivision and they actually reduced the density from the 312 that was recently approved down to 112 units and those are the site plans that are before you currently. So, right now as stated in the DA, the applicant has the first phase under construction with 112 units as you see before you this evening. That's currently under construction. What they are wanting to do this evening is increase that density from the 112 -- originally to 204, but the staff report that was print -- after the staff report the applicant saw staff's changes and they went back to the neighborhood and worked with staff to try to come up with a revised plan to add more open space, address our parking concerns, and provide more amenities for the development and, then, also work with the neighbors on some of the traffic concerns that they were hearing from them. So, originally, when this was submitted they were proposing 240 units. Our original recommendation -- or how it's currently written in the staff report is to reduce that from 204 down to 192. Well, the memo that I prepared for you yesterday I shared with you the revisions and, again, it was my intent that this was shared with the neighbors at the neighborhood meeting. In discussions with some of those neighbors they were privy to these plans. So, I know some of them have seen it, but I don't know if all of them have. So, the plan that's before you with the revisions and what I tried to capture in the memo for you is the applicant's actually reduced the density from 204 down to 196. So, again, staff wanted 192. The applicant came back to 196. And the primary changes that -- and I will explain those to you as well is one is the entrance off of South Movado Way actually shifted to the south. So, previously it was located in this area, if you can see my cursor. They moved that to the south, so it would be farther away from the intersection to allow for future stack -- better stacking and try to deter traffic from exiting out onto Movado Way, at least the multi- family traffic. ACHD has requested the applicant to do a traffic warrant analysis and that information has been provided to them, but we do not have any information from ACHD as to whether or not -- they requested additional information, but they were comfortable Meridian City Council Meeting Agenda December 17, 2019 – Page 79 of 504 Meridian City Council December 3, 2019 Page 39 of 80 with the city taking action this evening and I wanted to make sure that you had Christy Little's e-mail in your packet this evening. So, that's some new information that was -- the clerk updated -- uploaded this evening for you to take under consideration. The applicant did lose units, which actually moved the tot lot to a more central location within the development. It was previously over here within this 50 by 100 area . Relocated it over here. The applicant did open the dog park area for more open space and this also allowed them to get another 50 by 100 open space area here along the southeast corner of the development and, then, staff also had a condition that they provide a 25 foot landscape buffer along this portion of the development, so it would provide a better transition to the adjacent single family homes on the south boundary and that's really what predicated the continuance was to give time -- the applicant time to change the plan and meet some of the changes that staff had recommended in the staff report for you this evening. They also did provide some revised open space exhibits and revised landscape plans to show you how that works as well. So, looking at this proposal -- I mean this is one step. So, the applicant first has to get the DA modification approved and, then, go -- subsequently go before Planning and Zoning Commission for a CU mod to allow the increase in density as well. So, it's a -- it's a two prong approach. They need the DA mod before they can get the CUP mod approved and the CUP mod is approved for this week's Planning and Zoning Commission to hear, again, the same revised plans and those have been forwarded onto the clerk to include in -- as part of the CU packet for the Commission. So, those plans -- have been already sent to them. So, in my memo -- and, then, the elevations are going to -- again, going to be similar to what was previously approved with phase one. So, this is a little unique as well, is that the MDA also includes the area on the east side Movado Way. So, the DA mod that's before Planning and Zoning Commission only includes the western portion of the site and the expansion of the phase two, but it's part of the DA mod this evening. The applicant's also proposing a commercial building and, then a future townhome development, which will require another rezone of the property and subdividing of the property. So, it's only conceptual at this point. The applicant will have to go back before Planning and Zoning and City Council for the rezone and the plat to do the townhome portion of the development along the east side of South Movado Way. So, currently I think in that memo that I provided to you City Council late last evening, we had a -- I have had a chance to look at the revised plans. Staff is supportive of the changes proposed by the applicant and so looking at the requested DA changes, I noted to the Council that if you support the DA modification this evening, I would request on this exhibit that item number three be stricken from the DA provisions, because the applicant has provided -- has lost density, met the -- adjusted their parking plan and added more open space and those were some of the primary concerns with the application and, then, item four on this graphic -- currently we have them restricted to 192 multi-family units. We would request that -- that that would increase to 196 as shown on the revised site plan. Looking at the public record, it appears that there is quite a bit opposition on this particular project. I counted 37 before I came to the hearing this evening. Most of the opposition, again, is in regards to the density on the -- of the project and also the access to Movado Way and getting in and out of that development. Neighbors are concerned that the congestion -- it's getting more and more difficult to get out of there. I think this body remembers when Movado came through there was some discussion about punching another access point to Cloverdale at that time and through Meridian City Council Meeting Agenda December 17, 2019 – Page 80 of 504 Meridian City Council December 3, 2019 Page 40 of 80 the public hearing process and working with ACHD and the developer, it was determined by this body and ACHD that that was not necessary to adequately serve this development. So, this site actually has a connection point to the south -- or to Overland Road and there is two connection points through Silverstone Business Park that takes you out to Eagle Road and one of those is a signalized intersection. So, when that application came through it was found that there was sufficient access in -- to and from this development. So, again, staff is recommending approval for this application this evening with the modification as stated and with that I would conclude my presentation and stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Bill, can you go over one more time the -- the number of units when this was first annexed and, then, with the revision and, then, the 196 now? Parsons: Absolutely. I know it's -- this site's a mess to be -- to be honest with you. There was a lot of errors happen. So, we have got to get it correct one way or another. But, essentially, when it came through in 2016 the applicant had 14 acres of the site and they were approved with a CUP and a DA for 312 multi-family units on 14 acres. The applicant at the time was trying to sell the property and wasn't able to retain a borrower for the 312 units. They -- they couldn't get anyone to buy it. So, in their mind they felt it wasn't a profitable project. So, they came back, went through the Movado Greens, brought back a new plat, rezoned it, carved out a five acre piece to develop 112 multi-family units, which is the first phase, which is, basically, the western half of this graphic in front of you. And, again, that's under construction. They have gotten approval on that. They are moving dirt and going vertical on that. So, really, this is a phase two, which is a four acre piece here, to increase that from 112 up to 196. And, then, of course, as I alluded to, there will be a commercial component to it and, then, a townhome component as well, which will come back at a -- at a later phase. Cavener: Thank you. De Weerd: So, Bill, the 312 units was not on this piece? Parsons: Yeah. Correct. Madam Mayor, Members of the Council, this piece was always intended for commercial. So, it was the 312 units. We had some commercial pad sites and, then, it transitioned to the collector road -- South Movado Way on the east. So, it was going to be 312, retail -- and, then, retail on the opposite side and, then, the roadway. I mean if you -- in the staff report Silverstone -- it's an employment area. It provides a lot of retail, it has a lot of commercial. So, again, when we analyze this DA modification application and the conditional use permit modification, we felt like a commercial component wasn't as necessary as the higher density residential component, because Meridian City Council Meeting Agenda December 17, 2019 – Page 81 of 504 Meridian City Council December 3, 2019 Page 41 of 80 we want people closer to their employment center, to their jobs, that they can live here, hopefully they can bike, walk, use the collector road and go to work and not have to go on Overland Road. That was the intent when we look at mixed use regional areas we want densities between six and 40 dwelling units to the acre. When you take this piece and you roll it into the overall Movado development to the south, you are nowhere near -- you are probably eight to ten dwelling units to the acre. You are not anywhere -- you are within that density range of the mixed use regional, but, again, we tried to put that nexus for you in the staff report, because we new some of the neighborhood opposition was coming, but we want you to understand -- I think everyone understands that we want residential close to employment. So, we do -- try to reduce congestion and we keep people in our community working and that's the justification of why we support this phase two and additional density on this particular project. De Weerd: Well, I appreciate that clarification. I just wanted to make sure, because I -- I didn't feel that was -- was articulated. Okay. Any further questions from Council? Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Nelson: Thank you. Good evening, Madam Mayor, Members of the Council. Elf Zinger. My name is Deborah Nelson. My address is 601 West Bannock in Boise. Also here with me tonight for the applicant is Rob Powell, the project engineer -- or, excuse me, the project architect with Dave Evans Construction and Rob may jump in as well with some additional comments and answers to your questions. Thank you to city staff for their continued review of iterations of these plans and their support of the revised plans that have been submitted. The applicant is in complete agreement with the staff's conditions of approval at this point. Just want to start with a little additional project overview. Some of it's a repeat just to make sure we are all on the same page, but I will try not to belabor the points that were asked about. This project has changed a couple of times , obviously, since it's been approved and originally annexed as the owners and the city have tried to figure out what is the best product mix here. The -- the site was originally approved for 312 apartment units and -- and additionally commercial and, then, in 2017 some of that commercial was changed to some single family homes and 112 units were left. The commercial hasn't taken a hold, while the single family is building out and the apartments are under construction as was noted. The commercial is still sitting there vacant. So, this applicant has a proposal to change a portion of that unutilized commercial back into residential with 84 new apartment uses and ten new townhomes. This will create more housing, more amenities will be added to the site and it will decrease traffic impacts. To accomplish this we need a DA modification. That's the narrow application approval we have before you tonight. But as Bill noted, we have a whole series of applications that have to go forward before this change can actually happen , including with the Planning and Zoning Commission on the CUP modification and future applications for the townhomes. Also as Bill noted, this is a great location for some higher density apartments and residential to be added, because there is already great connectivity with employment and commercial opportunities right next door. Silverstone Plaza is immediately to the west with 943,000 square feet of office and commercial. This includes employment opportunities with the city call center, Power Engineers, bodybuilding.com, T-Mobile. Plus Meridian City Council Meeting Agenda December 17, 2019 – Page 82 of 504 Meridian City Council December 3, 2019 Page 42 of 80 restaurants and retail right there next door. The Eldorado Business Campus is the next property to the west, along with other commercial at Eagle and Overland. There is hotels, more retail and restaurants. St. Luke's Hospital is a mile and a quarter away. That's a walk or a short bike ride from these homes. The requested modification will provide needed rental and for sale housing for city residents, with a diversity of price points and housing types. Expected rent to be as low as a thousand per unit here, ranging up to about 1,400. The apartments and townhomes provide a nice transition with the neighboring uses between the single family to the south, the commercial and the office to the west and right in the middle of the existing apartments and the proposed commercial that remains right along Overland, a principal arterial. Turning to the site plan. This phase one of apartments just on this west side of this line, this is what's being built out now. That's the 112 units. We are proposing to add 84 one and two bedroom units right here. That will replace the -- the space that would accommodate approximately 47,000 square foot of commercial area. The townhomes are down here in this corner. The southeast. Replacing the space that would accommodate approximately 5,000 square feet of commercial. The overall density of the apartments will stay basically the same. I mea n it's actually a slight decrease from 19.98 to 19.66. The 84 additional apartments will be added in a way to create an integrated apartment site and that's what you can see from this site plan here. The site plan has gone through a number of changes , as Bill noted. The applicant has held four different neighborhood meetings and they have made changes in response to neighbor comments and comments from city staff and also from ACHD. Some of these include eliminating an entire apartment building from the southeast corner, which had eight units. They moved buildings and other improvements that were along the southern border further north to create a larger buffer. They moved the access point on Movado Way and Bill talked about that to be further south. And they relocated amenities and parking, creating more separation to the existing single family residen ts and from Movado Way, which is their primary entrance. The site has great amenities. With this modification we will be expanding the clubhouse, adding a pool, a dog walk area and a 50 by a hundred open lawn area. Other existing amenities include the clubhouse with fitness facilities, playground, and sport court. The parking on this site exceeds city code requirements. It's also important to note tha t these apartments do not include any three bedroom units and the city code requires the same amount of parking for two bedroom and three bedroom units. Although sometimes three units can create actual demand and a little higher -- and that won't be the problem here, because we don't have any three bedroom units. So, we are -- we will be well within the usage that's contemplated by your city code and we even have more spaces that's required by your city code and based on the applicant's experience with similar products, they believe that the amount required by city code will meet their market demand as well. There was a concern raised by neighbors about spillover with parking along Movado Way. However, that's a residential collector and there will be no parking allowed along that street, so that should not be a problem there. Transit is also available to serve this property and it's very walkable and bikeable to the nearby businesses and employment. The site includes extensive landscaping, buffers, and open space. There is a 25 foot wide buffer along the southern border that will have significant landscaping between these apartment buildings and the existing single family uses. They will install mature trees from the beginning with three inch caliper autumn blaze maples and ten to 12 feet tall Colorado blue spruce right Meridian City Council Meeting Agenda December 17, 2019 – Page 83 of 504 Meridian City Council December 3, 2019 Page 43 of 80 from the beginning. The site includes more than two times the amount of open space that is required by your city code for this type of project . Over 100,000 square feet and only 49,000 would be required. There is great pedestrian connectivity with sidewalks throughout and with sidewalk connections extending up to Overland and out to Movado Way and also a bollarded emergency access that's to the south providing additional bike and pedestrian connectivity there and there is a remaining commercial pad that would accommodate approximately 12,000 square feet, providing some additional mixed use opportunity. We think it may be a good site for a medical office building. There are two access points to the apartments. The primary access is directly onto Overland Road and, then, there is a second access onto Movado Way. In response to the comments from ACHD and the neighbors, that is why we moved this down here. We have also agreed to install traffic calming devices throughout the middle portion and west of the access -- excuse me -- east of the access out to Overland Drive, so that it discourages cut through, so the apartment users are not, you know, further incentivized to come out to Movado Way. We want to discourage that cut through, so they are more incentivized to use the direct access onto Overland, which is a closer distance for many of the buildings anyway. The project and the area has great connectivity to neighboring businesses. Bill , you may need to help me. Thank you. Showing a lot of the streets that are around this neighborhood and that was discussed a bit by Bill already with the connections out to Eagle Road. Also the trips for residential are less than commercial and if we just focus on, for example, this area that were -- approximately four acres we are replacing the commercial uses that would accommodate approximately 47 ,000 square feet of commercial and we are putting 84 new units, if you just use the ITE standards for a trip generation for those two uses on that one area, we would generate with 84 apartments 457 trips there and a pretty conservative mix, actually, of commercial, not even going all retail, which is very high trip demand, but using a mix of medical, office, general office and retail would be 1,192 and that just gives you a scale of -- that -- and I know you guys know this already, that commercial just generates a lot more trips than residential. ACHD has recommended approval. ACHD's conditions of approval do require us to submit that signal warrant analysis. It's actually not due until we pull a building permit. That's the trigger by which it has to be submitted, but we have gone ahead with that, we have hired Kittelson and that is in progress now and we will comply with ACHD conditions of approval. In addition to the reduction of trips, other benefits with converting from commercial to residential on a portion of this site includes that commercial would inevitably have signage along the frontage of this same four acre property along Overland and we heard a lot of complaints from the neighbors worried about the entrance and visibility of how it looks coming into their -- their main entryway and the landscaping that will be provided on the frontage of these buildings will certainly be more attractive than you might find from commercial signage. Also commercial buildings could be up to 65 feet tall in this zone. Could be closer to the residents where we have provided that 25 foot buffer and that extensive landscaping on the south. We also heard some concerns about just impact on property values to place multi -family right next to single family. However, this is commonly done and appropriate. Creates a nice diversity of uses -- actually can create value, because you don't have all of the same housing type and so we just pulled together a few examples here in Meridian . You are familiar with the Paramount -- Paramount neighborhood where they put 280 units right in that -- the middle Meridian City Council Meeting Agenda December 17, 2019 – Page 84 of 504 Meridian City Council December 3, 2019 Page 44 of 80 of that neighborhood and that has not hindered sales and Boise -- a couple of examples. There is lots of apartments, townhomes, and condos mixed in right next to the Highlands. And Somerset Village is apartments and condos right here in the middle, right next to Somerset where in the last 12 months we have seen housing sales and -- ranging from 715,000 to 830,000. Certainly not impacting values. In Eagle similar example where you have got many apartments and townhomes coming in right into the Renovare neighborhood, where you had average sale prices of 887,000 and plus within the last 12 months. So, it's -- it's appropriate, it's commonly done, it creates a nice diversity. I just will show you these quickly. I know elevation really isn't in the -- you know, the issue before you tonight, but just so you know, similar to what's been there, these are very attractive already. This is the townhome example. Some of the elevation similar to what's already been approved on the site, so it will be very nice and cohesive and with that we would ask the Council to approve the modification to the development agreement as recommended by staff and I would stand for questions. Borton: Thank you, Ms. Nelson. Council, any question? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Deborah, one question. You mentioned that there would be rented and owned units. Can you, please, specify what you are talking about. Nelson: Yes. Mr. President and Council Member Bernt, that's correct. The apartments will all be for rent, but the townhomes will be for sale. Bernt: Okay. Got it. Borton: Council, any other questions of the applicant? I have one. There was an earlier slide that made reference to Building J that -- it says remove residential building, replace with open space. Then it looked like the current site plan has the full building J there. Nelson: Yes. Mr. President, I can address that and Bill could as well. But I can get you there. So, this is J. The original staff conditions of approval had recommended a portion of Building J, right here, be removed in order to address staff's concerns with open space and parking and that was what we revised -- submitted the revised plans to address. Instead eliminated Building M, which was right here and created more open space and amenities on this end instead, which also reduced the units, reducing parking needs and we had heard a lot of desires to have more separation from Movado Way, so -- Borton: One last question. Was there -- in your -- in the four meetings with the neighborhood, was there any particular ask from them that -- that it was just too much or not feasible, not -- other than don't make them apartments. Nelson: I will have to defer to Rob on that. Meridian City Council Meeting Agenda December 17, 2019 – Page 85 of 504 Meridian City Council December 3, 2019 Page 45 of 80 Borton: Okay. We -- we always appreciate it when applicants and the neighbors get together, even if they end up disagreeing, but they have constructive conversation, so what was your understanding of some of the ultimate conditions that weren't acceptable, short of not making them apartments in the first place? Powell: Density was a big concern to them and I think also transition and as Deborah's mentioned, also just kind of the view from Movado Way. So, you know, I suppose they would have -- we heard comments like can you just make it all two stories, things like that. You know, we have run the numbers over and over again and we need this type of density for it to be a successful project. We were able to address a lot of the concerns with traffic by shifting the access point onto Movado. Also providing some of that open space along Movado and, then, increasing the buffer to the south. Those were concerns as well, as a lot of those homeowners kind of bought their homes expecting commercial development to the north. Borton: Okay. And -- and there was reference to the -- the 2017 amendment with the commercial uses would have allowed up to 65 feet , did I hear that correct? Powell: Yeah. The Meridian City Code for the C-G district will allow up to 65 feet high. Borton: Okay. And how tall are Building L and J? Are those both -- Powell: They are pretty close to 40 feet, the top of the peak. Borton: Okay. Thank you. Appreciate that. Council, any other questions? Okay. Thank you both. Nelson: Thank you. Parsons: Council, before we get into public testimony, I did -- I was able to find the concept plan that was approved with the 2016 application, if you want to look at that before we take public testimony to see how that looked back in 2016. Borton: Oh, way back then. Parsons: Back in the day. De Weerd: Thank you, Bill. When -- when you come up we can pull -- pull that up for sure. Okay. So, we enter into the public testimony portion. Mr. Clerk, will you, please, read those that signed to testify. Johnson: Thank you, Madam Mayor. Yes, there were 22 sign-ins. Eight indicated they wished to testify. One indicated they are representing an HOA. The complete list is on your computer's under sign-in dashboard and the first person is Harold Leslie. Meridian City Council Meeting Agenda December 17, 2019 – Page 86 of 504 Meridian City Council December 3, 2019 Page 46 of 80 De Weerd: Thank you, Harold, for joining us. If you will, please, state your name and address for the record. Leslie: Sure. Harold Leslie. I live at 2058 South Hills Avenue in the Movado community there. De Weerd: Thank you. Leslie: Madam Mayor, Members of City Council, to make it short, I did submit a comment letter. Hopefully you have seen that. My wife. It's in the -- it's in the comments letter groups. The -- the main thing is -- I did notice in the revised staff reports that -- a mention of a traffic signal at Overland and Movado Way is now mentioned, where I don't know that it was mentioned before. Unfortunately, those references are using terms like anticipated, potential, future without any specific time frame and for us having a -- those aren't satisfying. They are not giving us any comfort level that there ever will be a -- a traffic signal there. So, that's my -- one of my main things. We really need a traffic signal there. Just simply -- it's so dangerous to get out onto Overland and Movado Way is our -- you know, our main access. It's the collector street that collects from Movado and funnels it out to -- to Overland. The second thing is regarding a -- a warrant -- signal warrant analysis. Those are -- that's a numbers game and whether the numbers are there not to warrant a signal isn't very satisfying either. I would hope that a full traffic study could be done where it would look at the patterns of traffic, future levels of traffic, where traffic is going now and where would be the better place to send it, rather than just a numbers analysis for a traffic warrant. The -- they are -- Bill brought up that -- and I didn't know this -- that the thing with the access out to Cloverdale and that was decided against, because besides Movado Way there is two other accesses and I think what he's referring to -- and if you were to throw up an aerial photograph, I think one of those accesses is Copper Point, which would be a great alternative, because it takes you out through the Silverstone business area and -- you know. And streets that are fairly wide. You have got businesses located on them. Oops. I'm sorry. Did I just do that? But it's down here at the south end of the city. Anyway. And it's a good street to handle that kind of traffic. The second access besides Movado Way, unfortunately, I think is my street, South Hills Avenue, which leads you to Pewter Falls, which, then, leads you out to Cobalt Point, which, then, leads you out to Silverstone, which, then, leads you to a signalized intersection on Overland. De Weerd: Harold, can I have you summarize. Leslie: Sure. And just -- what I would like to point out -- I thought that -- I think that was very short sighted calling that an access. That's a local resident -- single family residential street, 40 foot wide lots, driveways are very close together. You have got kids and families out there and you have got people racing down that street at close to 50 miles an hour trying to get to that signal at Overland, just because it's a lot safer -- De Weerd: Sir. Meridian City Council Meeting Agenda December 17, 2019 – Page 87 of 504 Meridian City Council December 3, 2019 Page 47 of 80 Leslie: -- trying to get out. De Weerd: I'm sorry, I don't want to cut you off, but your time is up. Leslie: That concludes my comments. Thank you. De Weerd: Thank you. Council, any questions? Thank you. Johnson: Madam Mayor, next is Michael Fletcher, representing an HOA. Fletcher: Madam Mayor -- De Weerd: Good evening. Fletcher: Hello, Madam Mayor, City Council. My name is Michael Fletcher. I'm a homeowner of -- De Weerd: You do have ten minutes. Fletcher: I'm sorry? De Weerd: As a spokesperson you have ten minutes. Fletcher: Okay. Thank you very much. I would like to clarify something. Are you able to tell us was the 300 plus apartments approved before the Movado village community was planned? De Weerd: At this point we don't have that information. Fletcher: Okay. De Weerd: But we can ask staff to present that. Fletcher: I was just curious, because I think it all -- it's important. So, I am a homeowner there within the Village at 1869 South Tristram Lane. The gated community with the community Movado and I'm hoping that you received my e-mail and it's in your packet and you read it. I have written two. The second one really explains in detail the observations that I feel -- and the justifications for my objections. If you look at the neighborhood -- we live there and I eat at the restuarants in the neighborhood, but really -- the only thing that's really close or even convenient is across Eagle Road on Overland. There is a yogurt shop and a coffee shop and a soup house or soup store that's hardly ever even open. A little sushi -- sushi restaurant that I go to. So, there is really nothing there. We bought our home there, anticipating it being our last home, and we understood that the community was going to have commercial -- a sandwich shop, a coffee shop, a hair salon, dry cleaners in that commercial space up on Overland. The fact that they had 112 units approved early on -- I'm okay with that. That's -- that's life and that's acceptable Meridian City Council Meeting Agenda December 17, 2019 – Page 88 of 504 Meridian City Council December 3, 2019 Page 48 of 80 to me. What I don't feel is acceptable is continuing to cram more and more apartments in a very small space and having as many residents as maybe in our community and 360 plus cars in a space about the size of your parking lot outside of this building and the fact is that it is -- it's very dangerous to be able to get in and out of Movado Way onto Overland at almost anytime of the day. The other thing I would also like to point out is that I feel like we are being pigeon holed and everything leading into our nice planned community that took two years to develop , is going to be multi-story rental apartments that, quite honestly, there is no harm in it, it's not against the law to live in an apartment , it's not a social insult, the fact is people live in an apartment complex. But the fact is that we are spending anywhere from a quarter of a million to 300 -- three quarters of a million dollars for a home in a master planned community that took the city two years to put together and, then, at the last moment they are bringing in as many as 200 apartment complex dwellings there in that very small space and it's right there pigeon holed and we have got to pass that to and from our forever homes and I don't know if anybody's taken into consideration that the amount of density th at's already there and what's already planned and under construction across the street on the northern side of Overland by Eagle. Top Golf. Medical buildings. Restaurants. Hotels. Employees and guests to that space alone is just going to continue to burden that intersection of Silverstone and Overland, which is just right west of Movado Way. So, I don't know if I can be as articulate now verbally with you today as I thought I was in my e-mail that I wrote to you. But I really want you to -- from the 50,000 foot level as a city organization, as a group of people, you have done an amazing job developing the City of Meridian and, Mayor Tammy, thank you so much for the service to the city. I love living in Meridian and -- and it's because of what you have helped guide and helped the city develop into, but if you get down at the street level of Overland and Movado Way and you start looking there and you consider living there, stacking 200 apartment complex buildings and the apartment complex units there, it's way too dense and it takes away from where we live and what we have invested in as a long-term residential purchase. The gentleman from the construction company even told us in a residential meeting in the Village -- in our subdivision, that if the city forced them to reduce the number of units below 88 in the second phase, they would ultimately find it to be unprofitable. Here you're having them drop it down to as many as 84 and that seems to be acceptable. They said that if it would drop below 88 it would probably be unprofitable, they would withdraw their application for phase two and building those additional apartments. The other thing I'm concerned about , too, is -- I witnessed it. At Ustick and Eagle Road when they built this beautiful futuristic looking, forward thinking apartment -- townhomes, that is Ve rraso Village, as soon as they got built -- as soon as they got occupied, they sold them to a California investor. I lived there. I rented there while I was waiting for Movado to develop and be ready for my wife and I to build our home there. As soon as they sold out to that investment company in California the management company was impossible to get ahold of . The quality of care of those units diminished quickly. As a retired deputy sheriff from southern California, I felt like I was beginning to drive into my driveway to my townhome on Records and, I kid you not, it made me feel like I was driving into an apartment complex that I patrolled in San Bernardino. Quality of care. The ability for them to manage it and the day-to-day attention went away almost immediately and, quite honestly, that's what I suspect will happen when they build these beautiful apartments and it brings a lot of revenue to the city, but it's going Meridian City Council Meeting Agenda December 17, 2019 – Page 89 of 504 Meridian City Council December 3, 2019 Page 49 of 80 to be short sighted and it's ultimately going to have a negative effect on our home values and the potential homeowners driving into Movado Way to look at the Movado at Meridian as a -- as a place to buy a home and not just simply rent an apartment . Those people -- they are transient. They don't care. They are going to live there for three months, six months, a year and there is no harm in that, but there -- that's not a way to establish any kind of pride of ownership. They don't own it. They don't care. They are going to live and move on. And the last point that I think is important to make -- I mentioned that not only the residents of those apartments, but also in the Village and the Movado Subdivision, those children are going to be potentially shipped to Ustick and Black Cat, miles and miles away, because they are overfilling or are loading up the school zone and those students are not going to be able to fit in those classrooms in our own neighborhood. So, it's something I'm going to ask you to consider. Just, please, realize that we are looking at the long term. We are looking at -- as homeowners investing into our future and long-term stay in that community and -- and, I'm sorry, I believe that the profitability of those 88 units -- it's purely about money, it's about profit, and they are not looking about the future, they are not looking at the quality of life that we are trying to achieve that I think that -- the city and the planning and the establishment of that planned community that is Movado at Meridian offered, because if I had the chance to buy after I learned about these apartments, I seriously would have bought someplace else. I would not have invested my money in that subdivision. I would ask you basically -- the only thing hard about that -- get down at the street level, think like a resident of that community as a homeowner and think about what you will feel that those apartments and what that density would mean to you as a homeowner if you lived there. Any questions at all? De Weerd: Thank you, Michael. Any questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one. I think -- I found your two letters in September -- end of September and mid November -- Fletcher: Thank you. Yes. Borton: -- that you and your wife sent in and -- and one of the things that you raised, both in your written testimony and your testimony today, was with regards to the increase in traffic and one of the elements of this project -- and we hear it in others -- is the -- the existing potential traffic that would be created by its existing approved use , even at the time when you bought your -- your -- your property. Commercial traffic that would be generated were it to be built out versus what's proposed here and the applicant made reference to some of these objective trip count analysis of the -- the existing traffic count of 1,100 trips a day, approximately, with its commercial approval and maybe it's counterintuitive, but the -- the residential apartment as proposed is less than half -- De Weerd: Your time is up, Mr. Borton. Sorry. Meridian City Council Meeting Agenda December 17, 2019 – Page 90 of 504 Meridian City Council December 3, 2019 Page 50 of 80 Borton: You should give me a time. I appreciate you bringing up the point, but -- but -- so, when we are looking and considering that point , we look at these objective studies, which talk about trip generation from residential versus commercial -- Fletcher: Sure. Borton: -- and so we see on one side what appears to be data that shows, better or worse, this type of change, looking at traffic by itself, decreases traffic in the status quo by half. So, my question is if that's what the data that we are presented, is there any data that supports -- that you are aware of that supports that alternate position that -- that says the residents -- the residential component would actually create more traffic than the existing commercial approval and what would be the citation of that data? Because I have never seen it. Fletcher: Thank you for the question. I'm going to apply some basic logic and some -- maybe some assumptions. But I would think that those 200 families living in those apartments, if all 194 or 196 are built, is 24 hours a day, seven days a week, not only living there, but having guests coming over for birthday parties , playing in the pool -- it's going to be constant around the clock and the fact is if there is going to be some traffic there at that intersection that my family and my neighbors can enjoy, like a pub -- a sports -- you know, bar and grill, a dry cleaners, you know, those things, that's all right, because those compliment the several hundred homeowners that have invested in that long term plan and see that as a long term residence to live in. You know, if that makes any sense to you whatsoever. It's like -- it's the services. It's going to bring things that will make my quality -- quality of life better. Something I can ride my bike to. I can't ride my bike up over Eagle over the freeway to go, you know, to a restaurant on the north side of the freeway. That's just not safe. It's not logical. Nor is there anything really other than maybe three restaurants that serve food of some kind in the southeast quadrant of Overland at Eagle Road. So, I would say that if you look at adding commercial property, which it was already zoned for and anticipated for and people were given the opportunity to understand that what was coming was commercial , it's going to generate revenue for the city, it's going to give a quality of life and it's going to enhance the people that are living there and 112 apartments, like I said, it's acceptable, it's already there, they have got lumber there, they are going to build. I don't believe it's fair to take what was planned to be services or service oriented businesses that were going to support us as a community of homeowners and just simply replacing it with more and more apartments and putting it right up on that corner. I certainly am glad I didn't buy on Vasheron, because I would have two or three story apartment buildings and people standing out on their park -- you know, patio looking at their towels dripping off from the pool or drinking beer while I'm sitting in my backyard trying to have a barbecue with my family and that -- that affects privacy and that type of quality of life and moving that driveway back south, you know, if you look at Movado Way, the entrance at Movado, there is a large rock column. It's -- it's kind of like the gateway, the entrance of our subdivision, and now you are pushing an apartment complex, an exit closer to that and more traffic. As a law enforcement officer I worked traffic accidents. It's common sense going to tell you there is going to be a lot of in and out traffic, somebody's going to come off of Overland onto Movado Way and all of Meridian City Council Meeting Agenda December 17, 2019 – Page 91 of 504 Meridian City Council December 3, 2019 Page 51 of 80 a sudden I have to stop what I'm doing to allow somebody to pull out of an apartment complex or a kid or maybe a school bus picking kids up in the morning and I believe it's going to create some kind of a construction of you and that's going to become a hazard all in itself. Borton: Thank you. Fletcher: So -- De Weerd: Okay. Any other questions? Okay. Thank you. Fletcher: Thank you, ma'am. Johnson: Madam Mayor, next is -- De Weerd: Okay. I appreciate your enthusiasm, but if we could have a little decorum in the -- in the room and no applause. Johnson: Madam Mayor, next is Clarence Orton. Clarence. Orton: I guess that's me. De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Orton: Thank you, Madam Mayor and City Council. My name is Clarence Orton. I live at 4090 East LeCoultre in the Movado Estates. I would support the previous gentleman's statement about not just traffic, but -- car traffic, but people traffic. When you put that many people that high of density that close, they are not just going to recreate around the block where they live, they are going to impact everybody that's around them and they are going to -- they are going to walk in with their pets and everything else into the surrounding development. So, I think it's not just car traffic, but people traffic is going to impact it. One of my biggest beefs that I was going to bring up here tonight, but -- it probably has to do with all developments in Meridian and that is parking requirements. There is one development right on the northwest corner of Movado Estates where the -- the density was so high that they approved two story buildings and the garage and the entrance into the garage, that is the front of the house. A two car driveway. That is there is no parking on the street or anywhere else for these people to park and so what's happened is is that the overflow from that development is now parking on t he Movado Estates streets. I realize they are ACHD streets and we don't own them, but now just because of that high density and the lack of parking , they are parking out on -- into the Movado Estates development, which is impacting me and so I don't object to this high of density on the -- on the Movado Way and would hope that you would leave that to go back to commercial. De Weerd: Thank you. Meridian City Council Meeting Agenda December 17, 2019 – Page 92 of 504 Meridian City Council December 3, 2019 Page 52 of 80 Orton: Any questions? De Weerd: No questions. Orton: Thank you. De Weerd: Thank you. Johnson: Madam Mayor, next is Kevin Johnson. K.Johnson: Hi there. I'm Kevin Johnson. 4171 South -- no. East -- oh, that's the old address. East Divide Pass Street. We have only been there six months. We lived in South Meridian for 12 years, moved five miles away to this beautiful new home. I pull out a picture. I will show you the house. It's gorgeous. And now -- so, I'm really worried about this. We have -- everyone is saying high density. Mr. Parsons talked about high density. These folks are talking about high density. This is a staff -- these are facts from realtor.com. I can share the URL with you, but a high density of renters increases the property -- or decreases the property value by 13.8 percent. Are you telling me that I have to take a 13 -- a 13 percent hit on the value of my home? That's unacceptable. That's totally unacceptable. Let me ask you this. Rhetorical question, because it's probably not Q&A; right? How about we put an apartment complex near your homes. Good? Or no? Of course no. You don't want that. All right. Here is the other thing. High density. That number of people increases crime; right? That's a fact. You know it. Now, our common areas are very nice. They are going to come and use our common a reas. They are going to -- they are going to have their common areas, but, guess what, they are going to share our common areas and I will tell you what's going to happen with traffic, going out Overland is almost impossible in rush hour and rush hour is like -- it seems to be all day long now. So, what's going to happen is they are going to leave their subdivision and come through ours, so they can get to the two lights either off Eagle or off Overland and so what that is, that -- those 367 parking lots, which have cars, are going to start going through our neighborhoods. All right ? And, again, that is one hundred percent unacceptable. We are already seeing an impact today, right, with just simple things. Two hundred more people there, 300, whatever the -- the number of people -- whatever the number of cars, it is one hundred percent unacceptable. I don't want -- I don't want one percent loss to my housing value; right? That is unacceptable. I know some of you guys are leaving, your -- you know, you have -- you have nothing to lose. You can vote for this and there is no ramifications; right? We are not going to vote you out next time, because you are gone. So, please, don't do this. Don't do this to me. Don't do this stuff. Thanks. De Weerd: Sir, I guess I -- I just want to say we are elected officials and we take our responsibilities very serious, whether we have four more years or four more weeks , we take our responsibility very serious and I take issue with you saying that we have nothing at stake. We do. We care about this community deeply and I hope you don't think that we take our responsibilities lightly. Meridian City Council Meeting Agenda December 17, 2019 – Page 93 of 504 Meridian City Council December 3, 2019 Page 53 of 80 K.Johnson: Actually, ma'am, no, I -- so, just for the record, sitting here and watching the process has been engaging. I have been absolutely enjoying it here. Way better than watching TV at home. So, thank you for that -- for including me in this process. I don't think that -- my worry is that, you know -- Bernt: I get it. K.Johnson: Yeah. De Weerd: Mr. Bernt. Bernt: Madam Mayor. While I have you up -- I might -- obviously, I know where this is located, but I'm not familiar with the surrounding part of what he's talking about , the -- where traffic may or may not be going -- where the two streetlights that he's referring to. Can you go to Google Earth for us, Bill, and show us what he's talking about? Parsons: So, Madam Mayor and Councilman Bernt, this is the exhibit the applicant provided, but it shows you the -- how traffic disperses throughout the area and that's -- when I look at ACHD's staff report -- so I will touch on the previous gentleman's comments about whether or not 55 -- the one that was part of the plan and -- or not and what the timing was for that. So, again, when this project came through with phase one and phase two, it was the same developer that brought the project before you. Phase one was a comp plan amendment, annexation, to develop the 312 unit apartment complex with that concept plan that you saw. A traffic study was required for that. Part of that traffic study said that there was going to be over 2,000 trips generated for the 312 apartment complex. As part of ACHD's analysis it did mention that an access -- only eight percent of the traffic was going to be using the Cloverdale access if one was built or required by the city. It wasn't required. They felt the traffic study and ACHD's staff supported that most of the traffic would go on Overland or head to the west through Silverstone and that's why when you see this graphic here, that's what the applicant is portraying. There was two stub streets. It disperses. So, currently there is multiple ways through Silverstone to get out to Overland and to Eagle Road. I believe this is a signalized -- this is a signalized intersection here and this is now a signalized intersection as well. So, anyone -- I don't -- I'm not a traffic engineer, but I'm not sure why you want to take -- turn that left out onto Overland Road at rush hour when you can go to the light and get out a lot safer. And these streets are designed and built to handle the trips that were proposed for not only the apartments, but for the residential that's occurring now. So, there is an update with the Movado plat that was over 400 residential units, plus the apartments, and so all of that was taken into account and all of the -- even though it's not a continuous collector through the development or an access out to Cloverdale, it was analyzed at all of the adjacent streets and the connectivity was adequate to -- to handle the additional trips, not only for the apartments, but also the single family that's developed out there. Now, as far as to the timelines for this development, again, Conger came in September 6th, 2016. The apartments were approved for 312 units. Jim later -- Mr. Conger later came in about two months after that approval and got his Movado Subdivision, whi ch had the 55 and older component, which at the time the apartments actually abutted the 55 and older Meridian City Council Meeting Agenda December 17, 2019 – Page 94 of 504 Meridian City Council December 3, 2019 Page 54 of 80 components. So, it was actually -- there wasn't even a buffer between the uses. There was going to be a ten foot and those apartments were going to be next to the 55 and older component and, then, approximately a year later he amended the plan to reduce the unit counts and he added the single family homes that are in front of the 55 and older component currently and reduced the -- the multi-family from the 312 down to 112. So, within roughly about a -- less than a year and a half time span the developer changed his mind and came back and modified this plan, but, again, the apartments, the 55 and older community, the attached homes and the other -- I guess the affordable housing component for the development and, then, estate lots that are south of -- that terminate at the end of Movado Way were all part of that masterplanned residential community, along with the commercial. So, again, this was all contemplated. Even though it may have come back with different iterations, it was all contemplated that it would be integrated in sharing these roadways. De Weerd: I guess in all fairness, until you build your house you don't really look and by then it is -- Parsons: Correct. Yeah. Madam Mayor, that's -- I think that's something that we struggle with a lot of times where we -- we always want the apartments to go in first, so that the neighborhood knows -- in this case that happened, but, then, the plan changed and the developer came back and did something less intense and now we are here going back the other way. De Weerd: Right. Mr. Bernt, did that answer your question and did you have a question for Clarence? Bernt: Madam Mayor, I have a question -- a follow-up question for -- for you, sir. Using the mouse, in your opinion where do you think the traffic is going to go ? K.Johnson: So -- sorry. So, right now the Overland -- we got Movado Way. So, right here is where the estates are. Bernt: Yeah. K.Johnson: This is where the Village is. Bernt: Right. K.Johnson: So, if -- this road right here is what's going to be used. So, this is what takes you out to the signal or it's going to be a combination of here to here to Copper Point and, then, out to either here or -- this is what -- actually where the other signal is. So, actually -- well. So, sometimes I go this way. I can tell you when I leave I always go to the signal, because trying to make a left onto Overland right here is -- you will sit there for ten minutes. I mean you will sit there for ten minutes easy. So, I know what I do and that's the path of least resistance. I would almost guarantee you that people will start using these residential streets to get out. We are not getting less traffic, we are only getting Meridian City Council Meeting Agenda December 17, 2019 – Page 95 of 504 Meridian City Council December 3, 2019 Page 55 of 80 more; right? So -- and I don't care what ACHD says, traffic is bad. I mean it's getting bad. You know it. We drive it every day. It's crazy. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: To -- to sound like a broken record by doubling down on what -- what Bill said and Mr. Bernt -- that's the point. The whole thing was designed to -- to give people an opportunity to densely reside in that brown section there that hasn't been fully built out yet and to be able to access the enormous employment centers and food services and the hotels, the gas stations, all this stuff was all meant to be able to not have to get onto an arterial road and still be able to access all that. I mean you can get from your house or from there all the way out to -- to Mojos, to Jack-in-the-Box, all these places with only having to cross Eagle Road at that -- that light. I -- I went to Mountain View High School. The San Francisco Sourdough Eatery, the Brace Company, went in hidden into this office complex and survived and now they are surrounded by ample retail, but the only way that -- that those services -- the -- the dry cleaners and the other companies continue to come there and to serve this area without you having to go onto an arterial road to get to them , is if there is more people there to justify additional commercial. The reason all this stuff is going on the other side of -- of Overland -- ICCU with their office building and -- and the golf place -- is all because there is planned dense residential there, so that people can access all these things without having to drive all the way across town and risk additional time on these dangerous roads. So, we get that, yes, it's going to push more traffic in your neighborhood, but that was the idea. K.Johnson: Can I -- can I comment? De Weerd: Did you have a question? K.Johnson: Do you have -- I don't know if I'm allowed to -- De Weerd: Absolutely. K.Johnson: Thank you. Is -- is that everyone's habit? I mean is that what people do? I -- I don't go to any of those places. I typically go across the way. I go to my favorite places; right? Our habits are not to go to the closest place because it's convenient. I mean people might live in those apartments and might work there , but chances are that's not going to happen. They are going to live in Boise or they are going to live -work in Boise. I work in Boise. I work downtown. Right? I mean I just don't know if that -- you know, the thought is right, the plan sounds good, it's sound, but I don't know if that's what is the reality of what's going to happen. Right? I think it's going to push more people out to Overland. De Weerd: Thank you for being here tonight. Meridian City Council Meeting Agenda December 17, 2019 – Page 96 of 504 Meridian City Council December 3, 2019 Page 56 of 80 K.Johnson: Thank you. Johnson: Madam Mayor, next is David Rognlie. De Weerd: Thank you for sticking with us. If you will, please, start your name and address. Rognlie: I'm Dave Rognlie. Live at 4291 East Blueberry Lane in Movado Village. De Weerd: Thank you. Rognlie: The gated community. And like Michael had to say and the fellow here, who I don't know, there is a -- there is a lot of -- we bought the home long distance. We moved from Boise -- or from Meridian to -- out to the coast, knew we would be moving back at some point. Had a death in the family. Came back. Our family said, oh, look at this cute little house in this little gated community, you know, and you are getting old, dad. You are going to -- you are going to fall down and hurt yourself if you don't -- you know, so why don't you come back and look at this and so we -- they took us through, we got -- kind of fell in love with the place. There was -- there was ample reason for us to do it now, rather than later, when we are older, and et cetera, et cetera. We asked about -- some of these questions about what was going out on the street . Overland. It was commercial was going out there. Nobody said anything about apartments. Maybe we were oversold and been underdelivered, but we -- that's what we knew. That's what we were told. So , now we hear about all this and we are -- we are a little unhappy. We moved back and decided, you know, this was going to be the last home we bought, you know. We will just live there forever. Our kids are right close by. No reason to, you know, have to buy another house and go through all of this sort of stuff. We downsized considerably and I hadn't thought of it this way until listening to some of the neighbors, because in the gated community you're seniors, a lot of them -- most of them and we still got another 70 or 80 homes worth to put in there and people started mentioning the little byline, yeah, this is our forever home. This is our forever home. This is -- we bought it so we wouldn't have to do this again. We wouldn't have to -- you know, be put through the wringer of having to move and all that sort of stuff and, you know, as nice as the -- as the salesman pitch that we heard was -- was about, you know, all of this development and stuff, if we had known it before, of course, we probably wouldn't have lived there and it's -- it does -- you have to consider the human factor. We are -- you know, we -- we live there. You can't -- I lived out in Kuna at the time when we lived here before. We lived here for 37 years. The question was always, when putting in all those stoplights out along the -- Highway 69, how many people do have to kill before they will put in a stoplight. That was always the comment that -- that came about. Well, we are going to get one at Overland in -- somewhere, sometime, which means somewhere between tomorrow and eternity, I presume. But it doesn't help us out. We try and -- De Weerd: Sir, can you -- can you summarize. Meridian City Council Meeting Agenda December 17, 2019 – Page 97 of 504 Meridian City Council December 3, 2019 Page 57 of 80 Rognlie: We try and get out of there and -- get out of there alive, because that -- that's the biggest thing between the density of population and the traffic to be able to get in and out. Otherwise, you take all the back streets like was just pointed out, which are little two lane streets and there is parking on some of them and so -- so, think about the human factor. De Weerd: Thank you. Rognlie: Beautiful place. I really love -- we love Meridian. We moved back to Meridian and we are happy to be here. I just hope it works out. De Weerd: Thank you. I'm going to call a ten minute recess and so we will reconvene at 9:30. (Recess: 9:16 p.m. to 9:29 p.m.) De Weerd: Okay. I will go ahead and call this meeting back to order. Thank you for your indulgence. We needed to -- to take a quick break. Mr. Clerk, who is the next one signed up to testify? Johnson: Thank you, Madam Mayor. Next is Joann Gormley. De Weerd: Thank you for joining us. If you will, please -- Gormley: Joann Gormley. De Weerd: Thank you. Gormley: I'm at 4372 Vacheron. De Weerd: Thank you. Gormley: So, I am directly behind what's happening. I moved after 50 years. This was the first townhome in that division, so I was the first one who moved in and seeing the west apartments I did ask a lot of questions about what was behind us. I was told adamantly commercial and lo and behold within two weeks I received a letter. So , I was not real happy and my complaint with your traffic issues partly is everyone's leaving if you're in apartments in the morning and coming back in the evenin g. A dentist's office -- there isn't going to be 200 people pulling in there at the same time. Or a coffee shop. And I have a daughter-in-law who teaches and the schools are already overwhelmed and to make them more overwhelmed, I feel bad for people who have to bus their small children. I don't think that's right. So, I'm basically not happy with it and that's the extent of that. Thank you. De Weerd: Thank you. Meridian City Council Meeting Agenda December 17, 2019 – Page 98 of 504 Meridian City Council December 3, 2019 Page 58 of 80 Johnson: Madam Mayor, next is Blake Haggett. Mr. Haggett left. Tamara Hall. De Weerd: If you will, please, state your name and address for the record. Hall: Tamara Hall and I live at 4299 East Goldstone and that's in Movado Estates. So, there is three portions of the subdivision, obviously, and we -- we live in the estates. We were the first home that was built in there. We spent over half a million dollars for this home and we did our due diligence, we knew exactly what was going on. We knew there was going to be the Village, which was gated. We knew there was going to be the Greens, which were duplexes. We knew there was going to be apartments on the one side and we were fine with all that and we knew there was commercial up front, which we were very excited about it was going to complement our neighborhood. That's why we made the decision where you live. Especially the schools. We have a ten year old at home and we wanted him in specific schools. Now knowing that that could potentially change and my child could be bused to a different school, breaks my heart. It's scary on our roads as is and that second phase hasn't even been built for Zack Evans Homes on the estate side with no entrance coming off a Cloverdale and only really the main entryway being Movado Way. It's scary. I take my kid to the bus stop every day and people don't stop at the stop signs that are already in the structure. So, I'm concerned in general with the new phase that Zach is going to be doing and, then, with potentially these apartments that are going to be happening, that's going to bring a lot of traffic, because our little side roads, they are not big enough to funnel cars in and out of . I mean they are, but they are lined and they are very small. It's not the main roadway into our subdivision. Those are pretty much my bullet point issues that I have, is that, you know, I know that it's -- as homeowners we have to do our due diligence and we have to pay attention to what we are doing and what we are getting ourselves into. It's not just a real estate agent . And we did that. So, I'm just a little bit bummed that we bought where we wanted to live , we loved what we seen and to find out that now it could potentially be apartments that are going to be gating our community. So, with that I would just hope that you can take that into conside ration. Thank you. De Weerd: Thank you. Little Roberts: Madam Mayor? Tamara. Sorry. De Weerd: Tamara. Mrs. Little Roberts. Little Roberts: Before you get too far. Madam Mayor, Tamara, what are the elementary and middle schools that are the closest to you that your son should be going to per location? Hall: So, it's Pepper Ridge that he should be going to, but we actually -- he goes to Spalding. So, we have two different elementary school buses that come into that . But he is supposed to be going to Lewis and Clark and, then, he's originally supposed to be going to Mountain View and we just moved four miles down to downsize and we stayed in that general location, because those were the schools we wanted him to go to and, Meridian City Council Meeting Agenda December 17, 2019 – Page 99 of 504 Meridian City Council December 3, 2019 Page 59 of 80 then, now that West Ada has basically stated that the -- the density with the kids is potentially becoming a problem with overcrowded and they are going to possibly bus these kids to other schools, doesn't make me very happy. I mean it's just -- that's something we didn't -- we didn't foresee happening. You think your kids that are in that neighborhood are going to go to the school and we know that boundaries can change, they always do, and that's fine, but those schools are typically right in th at general area, not way out. So, that -- that's concerning. De Weerd: Thank you. Hall: You bet. Any more questions? De Weerd: No. Hall: Thank you. De Weerd: Thank you. Johnson: Madam Mayor, that was the last of the people indicating they wished to testify. De Weerd: Thank you, Mr. Clerk. This is a public hearing. Is there additional testimony? In the back and, then, we will get the gentleman in the front. Spryn: Good evening. De Weerd: Good evening. Thank you for hanging with us. Spryn: Sure. De Weerd: If you will, please, state your name and address. Spryn: My name is Robert Spryn. I live at 2052 South Gedalio Way in the Village at Meridian. I just want to share some of the sentiments that I'm hearing here tonight. One of the things -- I just relocated here and I had a choice of moving anywhere I wanted to and I picked this place, because of what it was and because of what I thought it was going to be. Now hearing that it is going to be different, I have to rethink the possibilities of whether I'm staying or I'm going to go someplace else, because I am concerned about the traffic, just the density and all that. It's interesting the compelling argument that the -- that they made earlier today about how good everything is going to be , yet when they did submit to us and present to us on two separate occasions that I was there and I hear four happened, they said to us we would walk away if we knew you guys were opposed to this. We won't do this. And we are only doing -- Bernt: I'm sorry, what did you say? Meridian City Council Meeting Agenda December 17, 2019 – Page 100 of 504 Meridian City Council December 3, 2019 Page 60 of 80 Spryn: They said that they would walk away from the whole deal if they heard that the residents were opposed to this. The people that are in this room that said those comments and they didn't. Obviously, they came back with a totally compelling argument the other way, simply I think to satisfy some investors in southern California from what I understand. So, it's really not -- the money is not going to stay here, it's going to go to other investors outside of the area and that's -- that's a little bit concerning. The school situation. I know you guys received a letter from the school board, I believe, saying that, you know, they are already overcrowded. It's going to be a problem. You are going to have kids in the neighborhood being bused. I feel bad for those parents that have to do that and I think it's concerning that -- that kind of stuff is -- is going to get ignored. What it did here is the -- the sense of community that we get when we are in a development that has neighbors and homeowners, which is something that you don't really get in an apartment building. There is really no sense of ownership there. People come and go. I have done that myself. I have relocated a few times. When you are in an apartment building, you are just there and you have that blank stare, you don't make eye contact when you go by your neighbors. In our neighborhood we all know each other. I know most of these people in the room right now and, quite frankly, there is only about, you know, ten percent of us here. If everybody did show up that was opposed to this, this room would be almost full. If everybody showed up that eventually will build there, you wouldn't have room for everybody in here to oppose what is being proposed to you right now and I just want to make those comments and I did send a letter and submit that to you on two separate occasions with some other concerns in there as well. De Weerd: Thank you for joining us. Spryn: Thank you. De Weerd: Sir. Good evening. Turner: Good evening. My name is Bruce Turner. I am at 4055 East Goldstone and I wanted to just touch on a couple of things, as the one lady did. You know, you had asked the question about the -- the use and that's kind of what -- oh, I got to -- I got to get up. I promised my wife I wouldn't. But I said, no, no, no. Because it's just like she was saying, you know, a doctor's office, they come in four cars and four cars all day long. That might add up to be 2,000 cars during the day and that's great, but getting all those people out -- more importantly I think you have heard and maybe get a sense from the community that we have been lied to by the cabal of Devco, Evans and Evans, and BlackRock as to what was actually going to be there and, then, I think they knew all along, because originally some of the ACHD documents from October 2016, that one you had up, they had indicated at that time that it was a nice idea to have the water fountains off during the -- yeah. Their letter of October 10th, 2016, said that -- that Eagle and Overland, and Eagle and Silverstone, were near capacity. That's in 2016. So, we know things have only gotten worse. Another light, as many people suggested, would probably take away -- but if you look at the development, you know, the bigger map and if you could bring up that one from October, I think it is, 2016, the original one. Originally the apartments had a road -- Meridian City Council Meeting Agenda December 17, 2019 – Page 101 of 504 Meridian City Council December 3, 2019 Page 61 of 80 De Weerd: Sir, I need you to speak into the microphone, so we can get you on the record. But the screen is right in front of you. Turner: Oh. Pardon me. De Weerd: And you have a little mouse there that -- when he gets there you can -- Turner: So, originally, as I understand from the ACHD documents -- and maybe I got it wrong and I'm sure things have changed since then, but there was this road over here to the -- to my far left, right here, that was coming out and, then, connecting. So, this area down here is the Villages. So, they originally had an exit where they could come out this way -- boy, that's hard. Man, that's -- you know come out this way and, then, exit that way. Now they are coming out to Movado. Okay? Coming back through the neighborhood. I had a chance to speak to the -- the officer during the break a little bit, too, and pleaded with him with the troubles we are having in our neighborhood , it's not well planned there. You know, there -- I would go back to change it to 20 for the -- cul- de-sacs or whatever, because our houses are so close together, as Monty said, there is just a driveway and maybe six feet and a driveway on the two stories. So , consequently, when people -- they can't park on the street, so they are parking in these other areas. So, they are parking in front of the mailbox, they are parking on the corners, they are parking all over the place and, you know, I think I have become good friends with some of their parking enforcement people, you know, to have them come out, as well as some of our other neighbors, although I must honestly say, as I told him, we have stopped calling, because it's of no use. You know, we can't control commercial vehicles. A guy who cuts lawns also cuts -- you know, or plows snow. So, now he's got a plow system set out there for, you know, four or five days at a time. But my only request would be that I would ask you to punish the cabal of Evans-Evans, BlackRock and Devco and tell them no, you know, they knew some of this stuff was coming. The apartments were supposed to go up with phase one -- phase one of Movado, but they didn't, you know, because they knew it would hurt sales -- De Weerd: You need to summarize. Turner: -- of Movado. Okay. That's -- my summary would be, please, punish Devco, Evans and Evans, you know, for their lying to us, if for no other reason. Questions? De Weerd: Thank you, sir. Turner: Thanks. De Weerd: Any additional testimony? Chief, did you sign up? Lavey: Madam Mayor, I did with Chris. Just to remind you and Council back when this project originally came forward a few years ago , I testified against it for traffic and connectivity issues, because of the traffic that was -- would go into Muirwoods and there was talk about an exit off to Cloverdale and that has since been eliminated and for the Meridian City Council Meeting Agenda December 17, 2019 – Page 102 of 504 Meridian City Council December 3, 2019 Page 62 of 80 record I live close to that area, so I have opportunity to drive by it at least twice a day and we have already created a mess there and I see near collisions every single day at Movado. Movado needs a traffic signal. I don't care what the data numbers say, the number of traffic, it needs a traffic signal and if you look at how the apartment complex is currently laid out, those residents are not going to go through the subdivision to get out to the signals, at least until they learn it, because it's a difficult track and if you drive through those subdivisions you drive on narrow streets , you have got cars parked on both sides. It's not smooth. I have personally driven it. It's not easy until you learn how to find those signals. So, we already have a mess. So, don't add more density to it. But looking at the current proposal, you are only talking about four more units, I believe. So, I -- I think the mess was already created. I don't think you can make it worse. You have already done it. Sorry. You have. And I don't know what's going to fix it, but you do need to -- if nothing else personally drive it there and experience it, like the residents are saying, because it's a mess. I don't have a position on what you should do today. I just want you to know that it's already bad, just don't make it worse, so -- De Weerd: Any additional testimony? Good evening. H.Johnson: Good evening, Madam Mayor, City Council. My name is Hillary Johnson. I live at 4171 East Divide Pass in Estates and it is my understanding that they are not adding -- their proposal is not to add four more units or eight more units, their proposal is to change it from what it currently is and what we bought into, which was commercial. So, we knew that there was going to be apartment units and commercial. So, my husband and I raised our kids in Meridian and we bought in good faith in this neighborhood when we wanted to downsize and I just ask that you keep it what we bought into . Commercial. That's all. De Weerd: Thank you. H.Johnson: Questions? De Weerd: I'm sorry. If you will sit down and we will first see if there is any additional testimony and if Council would like to have you up again. Any additional testimony? Council, do you want to hear from Justin from Ada County Highway District? I would. Hey, Justin, come on down. Good evening. Lucas: Good evening, Madam Mayor, Members of Council. My name is Justin Lucas. I represent the Ada County Highway District. Our business address 3775 Adam Street in Garden City, Idaho. De Weerd: Thank you. And I know you have been listening to the concerns of the traffic challenges of getting onto Overland and -- and what -- what and when a light is warranted. Perhaps you can address that first. Lucas: Absolutely, Madam Mayor, Members of the Council. It's my understanding that when the overall Movado Subdivision master plan was originally approved, that a traffic Meridian City Council Meeting Agenda December 17, 2019 – Page 103 of 504 Meridian City Council December 3, 2019 Page 63 of 80 signal was anticipated at that location when traffic signal warrants are met. It's been said tonight it's a numbers game and that's why ACHD has requested that the applicant perform a signal warrant analysis to determine if those warrants have been met and it is now the correct time to install that signal. I don't off the top of my head know the financial responsibility of that signal. I imagine it's the applicant. I'm sure they know. I haven't -- I didn't do the research based on this application before you tonight related to that, because it's actually a separate approval, but I can certainly provide you that information. It's really irrelevant who pays for it. Either way it will be put in when the -- when the warrants are met. You have heard opinions on that tonight and I have nothing to -- no further information to provide related to those opinions. De Weerd: That was a good non-answer. Council, any specific questions for Justin? Okay. Nothing he can specifically answer. Okay. Thank you. Lucas: Thank you. De Weerd: Mr. Fletcher wanted to make additional comments. Council? Fletcher: I just wanted to clarify -- De Weerd: You can't talk until you get to the microphone and restate your name for the record. Fletcher: Again this is Michael Fletcher, a resident of Movado. No disrespect to you, chief. I wanted to clarify. It's -- they are wanting to take away commercial and add 84 -- or 88 more apartments to that -- to that corner. That -- that's just a lot and I -- for the record I just wanted to be clear on what they are ultimately wanting to add . The 112 I believe as a community we all agree and we -- we accept that. It's the additional 84 plus apartments that we are really caught up on. Thank you. De Weerd: Thank you. Appreciate that clarification. Any additional testimony? Okay. Would the applicant like to close? Nelson: Thank you. De Weerd: Thank you. Nelson: Mayor. Members of City Council. Deborah Nelson again for the applicant. I will try to keep these in sequence, but forgive me if I bounce around a little bit to respond to the comments. Schools. There was comments about concern with busing, particularly at the elementary level, but we do have a letter from West Ada that talks about the capacities of schools. The elementary school of Pepperidge actually has capacity. I know you guys are well aware that your Mountain View High School is well over capacity and that Owyhee High School is coming. The timing is great for that, because it's going to be online August 2021, which would be before the buildout of these projects that we are asking for. So, the timing will work great for the high school there. Also I just -- just Meridian City Council Meeting Agenda December 17, 2019 – Page 104 of 504 Meridian City Council December 3, 2019 Page 64 of 80 another comment about schools. These are one and two bedroom apartments. They are going to have a low impact on -- on school age children anyway. There is an A and a B site plan option before you and Bill's memo addresses that, that staff had a preference towards A, just because it puts the parking on the interior of the site, not on the exterior. We would agree. Either one is fine, though. There was a comment that we are adding more density, but we are not adding density, we are actually decreasing density just very slightly and we are reducing the traffic trips. As was noted by Councilman Palmer, I mean that is the purpose of these roads and Bill described that, too, of the -- the dispersement through these back roads is a part of why the city always requires connectivity is to allow those options. But I also just wanted to make the point that was -- was not mentioned that when there is commercial trips they are also dispersed and we are going to have fewer trips with apartments than commercial. So, the concern about dispersement through the neighborhoods is reduced from this -- this use versus a commercial use. There was concern -- well, those were at different times and that's true, different uses have different intensities. The most intense time that ACHD tracks is p.m. peak time and the p.m. peak time, using that same example that we talked about before of 84 apartments versus 47,000 square feet of a mixed use, primarily office, not even high retail, would be 37 p.m. peak trips for apartments and 121 for the commercial mix. So , the busiest time on the neighboring roads is going to be most impacted by commercial uses. There was discussion about concern about visibility around the island by moving the -- the access road further to the south. ACHD actually went out and looked at that and determined that vision was not a safety hazard there. There was discussion about there is only a couple of restaurants that can be walked to in the neighborhood. Just done a quick search of Google Maps looking at the area. Within .9 miles we came up with 16. All around the -- the site on Overland, at the Overland and Eagle intersection, and in the immediate commercial next door. So, that's quite a list. I won't read it to you . Let me get back up here to my notes. There is a lot of -- continuing on that commercial theme, people desire commercial in their neighborhood. I get that. I mean I think that's why we are pointing to the great walkability and bikeability, because people want that. There was discussion of wouldn't it be great if we had a coffee shop or a dry cleaner. But I want to remind you that what's there now is 6.7 acres of unutilized commercial. So , a neighbor's desire for that doesn't make the market drive to that. It doesn't make the market develop. The commercial -- particularly when all the commercial has developed adjacent to it . This is a great place to put the rooftops to support that existing commercial and we are still leaving -- let me find the acres -- 1.5 acres there. Still a further opportunity to find those uses -- the neighborhood uses. 6.7 isn't getting developed now. There will still be a commercial pad of 1.5 to try to bring in those additional uses , whether that can be retail or is more appropriate for office remains to be driven by the market and that's the actual use. This -- this -- this project here, instead of that theoretical desire for what the neighbors want, here is an actual use that is being brought to you that is consistent with your comp plan. Less than 20 units per acre is appropriate . It's well within the six per 40 and it's appropriate for all the reasons that staff has said that they are supporting this. One final point. You know, there is a lot of discussion about those people that live in apartments and not wanting them near us. But I think it's really important to remember who those people are. They are residents of your city that by necessity or choice need of housing that is more affordable or appropriate for where they are in their stage of life. Meridian City Council Meeting Agenda December 17, 2019 – Page 105 of 504 Meridian City Council December 3, 2019 Page 65 of 80 There are children that just graduated from school and they have their first job . There are young couples starting out saving for a downpayment to buy a house. They are elderly people on a fixed income. They are people that want a lifestyle to where they can walk to their employment, that they choose this specifically because it's next to employment, because they don't want to drive to downtown Boise. So , I mean it's appropriate for the city to think about housing for all and I live in one of those neighborhoods that I showed you an example of that has apartments right next to it in Summerset. I enjoy having them there. I think that that could provide transitional housing for the neighb orhood. I lived in apartments before. Never have a concern about them being in my neighborhood and I hope that you don't have a concern about them being in your city. So , with that I would stand for questions. De Weerd: Council, questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Deb, were are you on the -- the signal study, when is that going to be finished? Just at least talked a little bit about it, who is ultimately responsible for the cost of the construction if it's warranted. Help get me kind of up to date on that. Nelson: Madam Mayor, Council Member Cavener, we have actually already hired Kittelson & Associates and begun the work and submitted preliminary data to ACHD, but they want some additional data. So, it's not required until we are pulling -- pulling building permits, but we have already gotten started on that. But we don't have the results that have been accepted by ACHD at this point. They want some additional analysis. As -- part of what ACHD is going to look at is the data, the numbers about whether it's warranted. They are also going to look at allocation and funding, whether that's funded with their budget, a combination of contributions, but we have a condition of approval in our conditions from ACHD, which we accept, that requires us to provide that study before the building permit can be pulled and also to participate in whatever signalization is required. Cavener: Madam Mayor? Can you summarize the -- the results of the initial summary that was sent to ACHD that seemed to support construction of a signalized intersection there on Movado? Nelson: Madam Mayor, Council Member Cavener, no, not at this time. It's just preliminary at this time. Cavener: Thank you. De Weerd: Any other questions? Okay. Thank you. Nelson: Thank you. Meridian City Council Meeting Agenda December 17, 2019 – Page 106 of 504 Meridian City Council December 3, 2019 Page 66 of 80 De Weerd: So, Council, any additional information from staff or any of the others that have testified? Would you care to have a discussion before closing the public hearing or are you ready to close the public hearing? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: It's difficult for me to talk tonight, my apologies, but as is often the case when we close the public hearing inevitably something triggers the need to open it, so I think it -- at least for the short term let's keep it open in case we need to pull extra information from somebody. Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'm happy to chime in, at least get the conversation started. When you look at this kind of presented as a plat in front of you or when we are looking at our computer and you try and take a look at it as for me anyways as where it sits as a whole and , then, where it sits within kind of the neighborhood where it sits in Meridian and overall I actually -- I really like this project a lot. There are some concerns in terms of -- I think that are really valid and for those of you in attendance, man, our heart goes out to you. We -- we oftentimes get the brunt when you purchase a piece of property and whoever is selling it to you tells you one thing and you get before us it is completely different. That's the worst. And I have got some ideas for our new Mayor and Council that I think we need to embrace to stop that and nip that in the bud, because we are hearing about it more and more. When you look at it from a piece for me, I think it -- I think it fits. I think if you are going to have high density, have it out there on Overland that's going to get on the interstate, that seems appropriate to me. The piece about the schools, though, is also concerning to a degree. You know, we have got to think about a thousand -- capacity for about a thousand students right now districtwide from the last, you know, sheet the district provided us. The frustration is for folks that, again, buy into it with the understanding, hey, we are going to send my kids to this particular school. No, that's not the case. This Council has heard many times -- and I -- I was -- I changed elementary schools three times in five years without having to move and I grew up here in Meridian. When I lived -- lived on Cherry Lane and Locust Grove and I was bused to Cloverdale between McMillan and Chinden, passed four other elementary schools. That wasn't easy. So, I think there is a certain expectation when we purchase a home the intention of being able to send our kids to that particular school. So, I got some other ideas on that. But it all goes back to -- in the comments from the citizens about what it's like to live there. Now, I don't think it was intended, but this assumption about those people being apartment people . Appreciate, Deb, you saying that. Many of us talk about this time and again. I was an apartment person. We are a community that has diverse housing. Diverse housing needs there is going to be people who live in big houses and small houses and apartments and houses with big yards and houses on smaller yards. That's what makes our community great. So, I don't think there was any intent to disparage people who live in apartments. That said, I could also understand, oh, it's going to be a change. To me what it boils down to, Meridian City Council Meeting Agenda December 17, 2019 – Page 107 of 504 Meridian City Council December 3, 2019 Page 67 of 80 for me, is Movado and if -- if that is not a signalized intersection, the points about folks driving through the neighborhood to get out, I think that is correct, and so I support everything about this if we had the answer about what's going to happen on Movado. Without that it's hard for me to say emphatically, yes, I'm going to support this. It's not always easy to be the guy that says the thing that's counter to what the folks in front of you say and I appreciate the testimony tonight. I have really tried to listen, to address what the concerns are. That said, come -- the only guy that lives on the south side, so the comments about restaurants, man, I'm with you. I love Sakana, but we need some other things there and we need them fast and I would love to see, you know, a bunch of different restaurants there. The applicant has tried to do that. They are trying something else. It's hard for me to get in the way of that, just because that is also something that I want. But we need that in south Meridian and I hope that somewhere soon we will see more of that. Those are my two cents. Keep the change. De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Councilman Cavener, I think you said that very very well. Those are my concerns as well and I don't know how long it takes to find out the information on a signal. I don't like the thought of pushing something out, but to me that signal potentially makes a world of difference, because every one that has been up here has talked about traffic issues, including our chief that drives by there at least twice a day. And so I don't know if there is any time frame on that, but I think that's information that could make a difference. De Weerd: Mr. Palmer. Palmer: Madam Mayor. And I think if it's denied and, then, you don't build anything, there is certainly not going to be a signal put in. The whole portion confused me. I mean, obviously, having a signal there would be great. But if nothing gets built there, no signal goes in -- I mean if -- if this is still short of warrantying one, then, they are certainly nowhere near getting one. So, it has to be the traffic there for the people who control the roads to decide there needs to be a light there. Cavener: Madam Mayor, if I may. De Weerd: Mr. Cavener. Cavener: Council Member Palmer, you are -- you are correct, but I guess for me if there is not going to be a signalized intersection that I don't think I'm in support of this project. So, you are correct, if it's not built, there is no signalized intersection, but if ACHD says even with this development a signalized intersection isn't warranted , I'm really struggling to understand how this benefits our community if it's built. De Weerd: I guess I have sat up here long enough to see all kinds of things , but I put myself in the neighbors' seat and say when I -- when the first building went up and this was apartments and office and now you are saying it should be all apartments, that -- that Meridian City Council Meeting Agenda December 17, 2019 – Page 108 of 504 Meridian City Council December 3, 2019 Page 68 of 80 changes things and it's -- it's good to have a planned community and -- and people know what's coming. They didn't know this was coming. So , that's my first issue. I think that if this had been there beforehand and it was obvious it was all apartments, this is the perfect place for that. It really is. Along a transportation corridor. I agree with Mr. Cavener. But it wasn't. This was apartments and office and -- and now it's changing and it will change the dynamic of a community in that area. You also look at the rest of that area, it's also transitional. I mean you are going to have other places that you can put apartments. This is not the one and only place. What is concerning is it comes in in 2016 as a high density area and, then, a year later they decide, um, well, that hasn't changed anything, so we are going to change it and now they are changing it a third time in three years. I'm sorry, I have seen a lot of land in Meridian sit there for a while for the right project and when you look at all the potential out there, there is potential for some -- some neighborhood office and neighborhood commercial that -- that can support the residential that resides just behind it. I -- I don't see a compelling reason to change this again because in two years they haven't been able to find someone to build office when there is a lot of land around there to do certain things. There is concern about the -- the lack of circulation and where these cars would go and -- and certainly I, too, have concern about the -- the traffic light and the timing, but approving this just to get a traffic light is not the great reason to -- to be making a decision in -- in that -- in that fashion. So, those are -- you can keep the change on that one, too. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: If we were to base decisions -- all of the land use decisions before us on whether or not that development may increase traffic or have some level of effect on the rest of our lives in the 16 years you have been here that we have doubled the population, should have been in fighting the growth. However, every single person that testified that I believe -- forgive me if I miss somebody that lives there moved there recently. I have spent almost my whole life in south Meridian. The population of Meridian when I was born here was 9,000. It's now 115, 120 thousand p lus. Every single person that's moved here has had an effect on my day-to-day life. But I welcome you to Meridian and I -- I mean I have said this over and over and over for the last four years I have been here. The reason I was able to -- to be raised in Meridian and, then, stay in Meridian was because there was diverse housing options for us. Shortly after my wife and I got married and we were going to have twins a little bit -- a year after we were married we had two kids and we weren't going to be buying a house and so we lived in -- in some apartments when I first ran and, then, we were able to buy a small house that was built in the '80s. A thousand square feet. And, then, now we are in -- have four kids, a larger house, thanks to Corey Barton building affordable starter homes and I'm able to be back in south Meridian, which was my whole goal growing up was I want to live back in south Meridian and raise my family there. So, Meridian is the same place that it was for me growing up, it's just bigger. There is more people, there is more cars, there is more restaurants, there is more jobs. I work in Meridian. I make sure I stay where I'm at, because I get to get on the freeway going the other direction and get off at Ten Mile. I'm only one exit away from my job and that's Meridian City Council Meeting Agenda December 17, 2019 – Page 109 of 504 Meridian City Council December 3, 2019 Page 69 of 80 thanks to a big open piece of land that somebody was willing to develop. There is four story apartments there. There is also five story office buildings, prevent -- make it so I don't have to drive to Eagle anymore, to be part of the Eagle Road traffic to get to work anymore. But the only way all those things keep happening when people are able to stay in Meridian, we -- the term I hear from you often, Mayor, is all the traffic goes through Meridian, but we want to try to capture some trips, especially to be able to have opportunities for people to not have to leave Meridian and that exists now and it's growing and this is just another step in ensuring that that continues. I mean all of this planning and the whole -- the whole point of this comes down to whether it warrants a traffic light , then -- I mean maybe come back with another version with an extra 50 apartments and see if that warrants a traffic light to warrant approval. The reality is the peak time, whether it's commercial or residential, the science, the reality is that it's going to be less traffic and eventually more stuff will be built there if this doesn't warrant a traffic light and, then, get it done. De Weerd: Okay. Any other comments? Mr. Bernt. Bernt: And I will be brief, really. I'm pretty much in agreement with what my colleagues have said. I don't have really too much to add to the discussion. For me we hear time and time again we don't want apartments here. We don't want apartments there. Apartments are terrible. I don't -- and I understand where those concerns come from. However, there are places in our city and throughout different municipalities where I believe apartments work and I believe this is one of the areas . I think that if you were to just look at this -- at this picture here in front of us, not looking at everything that's around it, knowing that Eagle is here, Overland is right there, the freeway is right there, a ton of commercial, this area completely makes sense for what is proposed, in my opinion. The only thing that I -- that I am concerned with and the only reason why I'm not in support of this, is -- is the traffic signal. I'm very familiar with that area of our city and I have driven by there early in the morning when I'm getting my flooring crews ready. I drive passed there all the time and it is a mess. It's an absolute mess. And whether it's comme rcial, whether it's apartments, there needs to be a light there. There needs to be a light there right now. The only difference is the applicant is asking us to amend the development agreement to -- to change the -- what was originally proposed and so it's giving us an opportunity to say, hey, if you want apartments there, build a -- put in a traffic light. So, I mean that's -- that's one of the -- you know, that's just -- that's one of the options that we have and so I'm okay with this if there is a traffic light there. So, that's my -- that's my opinion. De Weerd: Any other comments? Okay. What would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I will be real brief. The -- the overarching concern that I had with this -- and I think all of my colleagues bring up great points that I do agree with , but I think Madam Meridian City Council Meeting Agenda December 17, 2019 – Page 110 of 504 Meridian City Council December 3, 2019 Page 70 of 80 Mayor's comments with regards to the -- the cadence of change has been pretty rapid and -- and I'm not comfortable, in light of the swiftness of the switch over those three years that you cited and Mr. Parsons had cited. So, I think the change that occurred in December of 2017 changing this to commercial on reliance of the -- of the neighboring community that that's what it was going to be, is what's appropriate for me right now. So, at this stage I don't think the change in the DA is appropriate. De Weerd: So, Council, looking for direction. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I think our public hearing is still open. De Weerd: Uh-huh. Cavener: I'm just curious. Got a question maybe for Deb, if she's available, about this traffic signal piece. Sorry. So, you -- you have heard some of the conversation where Council's kind of view on this and -- and it really being contingent on if there is going to be a signalized intersection that's going to be warranted. With that in mind , should this be continued to a future date and time , how much time would you need? Do you anticipate you would need to be able to get that analysis review back from ACHD to give you a definitive answer? Nelson: Madam Mayor, Council Member Cavener, I will give you as much of an answer as I can and, then, see if Rob has anything to add. ACHD has already reviewed and approved the project with a condition of approval that binds us to provide the warrant analysis and, then, contribute to the signal. So, they control when a signal is warranted. We don't. You don't. So, I appreciate that you have an application before you and a decision that you can approve or deny. I'm not saying you don't have control over it. I'm just saying that, you know, what we have before you is a condition of approval that does require the signal to move forward and our contribution towards that signal when it's warranted. But they are going to make that decision. We are already on the hook as much as we are going to be on the hook and the timing that they set forth for that was before there is a building permit. So, you will have control over it before there is any activity that could lead to any increased traffic at the signal. So, the -- the timing for that -- because they have got to review and approve it by then. That doesn't mean there is a signal built by then. I understand. But that is the timing that we are forced on is before we can have a building permit they have to review and approve our signal analysis . Then they are going to make a decision about whether a signal is warranted. That's not a -- I know it's now a satisfactory answer, because I don't have -- I don't have their time frame and my control. I know just further details of what we have in our control. Our traffic engineer thought he would have the study done by December 20 th, but these guys have a December 15th deadline -- by the way, this is not the same applicant as before. The same developer as before, just so that's clear. There seemed to be some confusion about Meridian City Council Meeting Agenda December 17, 2019 – Page 111 of 504 Meridian City Council December 3, 2019 Page 71 of 80 that. So, these guys have an opportunity to do this project. It seems like a good fit. Their -- but their due diligence deadline ends December 15 th. So, unless you have -- do you have anything to add to that? Powell: No. And that's -- that due diligence period has been extended twice already. I'm not super positive we can get another extension. So, that's just the reality of it. I'm not -- De Weerd: Thank you. Nelson: You're welcome. Parsons: Mayor, Council, if I may, if you had a chance to look at the e-mail that was submitted today from Christy Little kind of explaining the scenario. So, one, they submitted some data to them and they said it was insuffucient, so they have to provide more information. And, then, they said a couple things have to happen here. So, they said after we receive the required information our engineers will determine if a signal is warranted. If it is warranted, do we really want another signal in that location, because there is already -- they look at spacing from the Cloverdale intersection to where that current one was built into Rackham and, then, the one at Eagle. So, they have spacing requirements for signals and even -- so, that's the other requirement if they want one and when the -- the third part of it is if it's warranted and they want one in that location, then, the applicant -- I don't believe it's the intention to put it in, I think they pay their proportionate share or contribute money towards the signal. So, regardless if this is approved tonight or not, it won't -- a signal is not going to go in probably until such time as ACHD has the funding or widens the road to seven lanes in the future. So, what the applicant is going to do is put up a proportionate share for ten years or whatever the time frame is and it's going to sit there collecting interest and if it doesn't happen in ten years they get their money back. So, at least I wanted to daylight that. There is -- there may not -- not even be a requirement for a signal, we just don't know at this point. So, if a signal is something that you're hanging your hat on, I don't know -- you may as well just go with your -- the original and just deny it if you think a signal is warranted, because we don't know if it's going to happen and if that happens I don't see the applicant moving forward with that conditional use modification either, because it's -- it's a moot point at this juncture. It -- they need this first before they can have Council -- or Commission take action on the conditional use permit. So, I just wanted -- I just wanted to shed some light on that for you this evening, that it may be a signal and it may not, we -- we just don't know at this point. And I can let you know when I was at the Planning and Zoning Commission a couple of weeks ago processing the continuance, I know some of our Commission was concerned about the timing for the signal as well. Nelson: Madam Mayor, may I -- thank you, Madam Mayor, Members of the Council. While we don't know if we will be able to get an extension, I guess we would prefer the opportunity to try, rather than an outright denial. So, if that helps to -- with your decision, if there is more information from ACHD that would be helpful, we would like the opportunity to try to collect what information would be helpful for your decision. Thank you. Meridian City Council Meeting Agenda December 17, 2019 – Page 112 of 504 Meridian City Council December 3, 2019 Page 72 of 80 Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: For me it would be very helpful to have more information on the signal, so I would move that we postpone and wait closing on the hearing until we have more information. Cavener: On the signal. Madam Mayor? De Weerd: Mr. Cavener. Cavener: I think what I'm hearing from Council Member Little Roberts is maybe close the public hearing, but still take written testimony and continue it to a future date -- I don't know if we can continue it to a to be determined date, to allow the applicant to have further communication with the highway district related to the question of if a signal is warranted -- if it's warranted does ACHD want it. If it's warranted and ACHD wants it, who is going to pay for it and when it would be constructed. Those are a lot of questions. Those are big questions -- questions that I don't know if we are going to have an answer a week from now, a month from now. To Bill's comments ten years from now. So, that -- that's the part that I'm wrestling my -- my head around. So, I assume -- I think that's what you were trying to get to, I just want to make sure that we are clear. De Weerd: I don't think you can close the public hearing and to expect only written testimony when we will get new testimony or new information that we will need to take testimony on. So, I think your options are to continue this to a date certain and hope there is information by that time or I guess the other option is to close the public hearing and take action tonight. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If those are our options, then, I prefer the former, as opposed to the latter. De Weerd: Well, either way we go I just need a motion. Cavener: Madam Mayor -- and I guess that's -- that's still the question I have is to what would that be? The last thing that I want to do to these residents is to continue it for 30 days to have them come back 30 days later and say, oh, we are still waiting to hear from the highway district, we will see it another month. That's -- that's not fair to them. So, I'm looking for a lot of experts in the room to give me some signal about how far out we would want to continue this out to, so we are accurate to the folks that are here in the room. If nobody can do that then -- and another reason perhaps maybe a denial would be warranted. Meridian City Council Meeting Agenda December 17, 2019 – Page 113 of 504 Meridian City Council December 3, 2019 Page 73 of 80 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor -- and maybe just a suggestion I guess. Our time is short in the year. I recognize there is probably some challenges with the highway district and others in trying to get information. If this Council wants to have at least the opportunity to -- to make a decision on this, you could set it to January 7th, we could put it as old business. I know we are trying to not have a lot of things on that night, but we wouldn't have any other public hearings that I'm aware of at the moment and at least you would have the opportunity -- again, I think Ms. Nelson and the applicant can at least report back progress if they have an answer or something more definitive at that point. If they don't, then, it's going to be the next council's decision regardless. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: To move this process along, I move that we continue Item 9-H, application H- 2019-0099 to January 7th. Little Roberts: Second. De Weerd: I have a motion and a second to continue this to January 7th, 2020. Maybe we will have 20/20 vision; right? There you go. All those in favor say aye. Any opposed? Bernt: Nay. De Weerd: Okay. The ayes have it. We will see you January 7th. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. I. Legal Department and Clerk's Office: Discussion Regarding Timeline for Alcohol Sales License Renewals De Weerd: Okay. Item 9-I is under our Legal Department and Clerk's Office and a discussion about timeline for alcohol sale -- sales license renewals. Nary: Thank you, Madam Mayor, Members of the Council. I will try to keep this under an hour. Just kidding. Recently Nancy Radford from the clerk's office, who is our licensing specialist, and I attended a meeting with both the state police, as well as Ada county and all of the cities within Ada county to discuss the licensing process and how it varies from city to city and how -- how we can make a more streamlined system and it more efficient for the -- the alcohol licensees within the county. All licenses for alcohol, beer, and wine go through the state of Idaho initially. They have to be issued by the state. They, then, go to the county next for issuance and, then, they come to the city. The process currently Meridian City Council Meeting Agenda December 17, 2019 – Page 114 of 504 Meridian City Council December 3, 2019 Page 74 of 80 is that all of the licenses for alcohol, beer, and wine expire on April 30th of each year. Except for the city of Boise. The city of Boise expires on December 31st of each year, which they realize actually doesn't work very well. So, what the state police asked is would the counties and the cities consider altering the dates , because what happens -- and we have found this many many times here and it appears to be happening countywide -- is that with all of those dates simultaneously ending, it is a scramble for some of these businesses to get all of their approvals done , so that on May 1st they can still serve alcohol. Right now it's -- we have not had very often the case where someone has missed it. We have had occasions. Many times it's their own doing. But -- but that crunch for the state is very problematic, because it is a state requirement. So, the entire state of Idaho expires on April 30th, all alcohol, beer, and wine licenses. So, the state has to process them all in that month and, then, they have to get to the county and, then, they have to get to the city. The county requires approval by the county commissioners. The city does not. Or at least our city does not. Some of the other cities do. The city council doesn't have to approve every beer and wine or alcohol license. So, we have a little bit faster process, but we are the tail end of that process. So, what the state police has asked is the cities would consider and the county would consider moving their date, so that the state would end on April 30th, the county's expires on May 31st, and, then, the cities would expire on June 30th. That way there would be a little bit more orderliness for the customers. They could get the state all completed and, then, have up to a month to get the county's process completed. They would, then, have another month to get the cities' process completed. If -- this would be more efficient for us. This is something Nancy has expressed and discussed previously, that we would like to have a different date, that it is a big crunch. Obviously, we would have some communication plan if that's a recommendation of this Council to move forward, to contact our customers and let them know that what we would be planning on doing is in April of 2020 we would issue them a 14 month license, so that would -- their license would be good for 14 months for the -- for the first year and, then, from that point on it would be an annual license. This would have no impact on the cost, because the fees are set by the state. So, whether we issue a one year license or a 14 month license, the price is the same. So, there is no -- there is no impact, positive or negative, to the customers or the city. The cost is the same. Again, timelines it would be much more efficient to separate these dates out and moving the county and moving the city is much more -- much simpler than trying to get the legislature to move the date for the entire state. So, we think it's a -- something worth exploring. I have looked at our ordinance, I have talked to Mrs. Kane, who drafted our ordinance, we both are in agreement. It does not require an ordinance change to do this. It doesn't require a fee change to do this, it requires simply notice to our customers and we have to change the documents that are required to be filled out . But it's a fairly simple internal change administratively to do again. Again, I will work with the clerk's office on what kind of notice and how we would let our customers know. I guarantee you there will still be people on June 28th trying to get their license approved, because that's how some people roll, but I think it would be a much better efficient system for our customers. We have over 150 alcohol, beer and wine licenses in the city and they grow right now approximately at the rate of about seven per year on the alcohol side. Beer and wine does not have a limitation. So, we are only going to grow in that area as we get larger. In case you didn't know, every 1,500 people we add a license a year. So, six or seven, do the math, that Meridian City Council Meeting Agenda December 17, 2019 – Page 115 of 504 Meridian City Council December 3, 2019 Page 75 of 80 tells you how many people we are adding per year. I don't see that slowing anytime soon. So, if you are okay with it, we can move forward with developing the communications and move forward to do this in 2020. De Weerd: I think it's an awesome idea. Nary: I will take that collective nod as a go ahead. Great. Thank you. Item 10: Ordinances A. Ordinance 19-1863: An Ordinance Amending Meridian City Code Section 4-2-1, Regarding Definitions; Adding A New Section, Meridian City Code Section 4-2-2(C), Regarding Maintenance Of Public Trees On Public Rights Of Way Adjacent To Private Property; Amending Meridian City Code Section 4-2- 3(D), Regarding Abatement Of Nuisance Trees; Repealing Title 13, Chapter 1, Meridian City Code, The Meridian Forestry Ordinance; Adding A New Section, Meridian City Code Section 13-2-11, Regarding Establishment And Duties Of The City Arborist B. Ordinance No. 19-1856: An Ordinance Adding Meridian City Code Section 6-2-8(D), Regarding Dogs Off Leash in a Public Place; Adopting a Savings Clause; and Providing an Effective Date De Weerd: Okay. Item 10-B, since we vacated A, is Ordinance 19-1856. Mr. Clerk, will you, please, read this for the first reading and I would recommend to Council to have a second reading next week while Council Member Milam is here. Okay. Mr. Clerk. Johnson: Thank you, Madam Mayor. It's an ordinance adding Meridian City Code Section 6-2-8(D), regarding dogs off leash in a public place; adopting a savings clause; and providing an effective date. C. Ordinance 19-1862: An Ordinance Amending Meridian City Code Section 7-2-2(B), Regarding Prohibited Parking; Amending Meridian City Code Section 7-2-5(A)(3), Regarding Parking On Public Streets Other Than Alleys; Adding A New Section, Meridian City Code Section 1-2-1(C), Regarding Failure To Pay Infraction Fine De Weerd: Okay. Item 10-C is Ordinance 19-1862. Mr. Clerk. Nary: Madam Mayor -- De Weerd: Oh, we have kind of vacated this or -- Meridian City Council Meeting Agenda December 17, 2019 – Page 116 of 504 Meridian City Council December 3, 2019 Page 76 of 80 Nary: Madam Mayor, since -- since the direction was to bring forward the UDC discussion into January, I would suggest we simply vacate this now, because we would prefer to do them at least somewhat coincidental -- or consecutively, so that it would make more sense for the public. De Weerd: Exactly. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Rich, is asking to maybe approach the podium . He sat through -- De Weerd: Okay. Cavener: -- a lengthy conversation, if you are okay to -- De Weerd: I thought he was just intrigued with our -- our whole process and wanted to participate in it. Everett: Absolutely. Learning experience. I thought there might be some confusion with this. So, this is a separate ordinance. This is an ordinance amendment to Title 7, which is our parking code on public streets. It has nothing to do with our earlier discussion about the UDC. This is a -- an amendment that was brought before you by me about six months ago. We discussed it and, then, it fell through the cracks and we didn't bring it for the public reading, we didn't put it on the agenda and , then, I realized we were losing some of our Council and our Mayor and I better get this before the current body, so you are still familiar with the items we talked about and this is a slight amendment to the -- to Title 7, so we can issue parking tickets in the instances that are outlined in this amendment and that's, essentially, for double parking, fictitious plates, and to issue tickets when vehicles are parked in front of a fire hydrant. Right now we can't issue those citations if the driver is still sitting in the car. So, they could sit in front of a fire hydrant, they can sit in the crosswalk, they could sit in these places -- if they are in the car they can sit there all day long and the amendment makes it to where they can only do that if they are actively loading or unloading a passenger. So -- De Weerd: Thank you. Everett: -- any questions on that? Everett: Thank you. De Weerd: Thank you. So, Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. An ordinance amending Meridian City Code, Meridian City Council Meeting Agenda December 17, 2019 – Page 117 of 504 Meridian City Council December 3, 2019 Page 77 of 80 Section 7-2-2(b), regarding prohibited parking; amending Meridian City Code, Section 7- 2-5(a)(3), regarding parking on public streets other than alleys; adding a new section, Meridian City Code, Section 1-2-1(c), regarding failure to pay infraction fine. De Weerd: Okay. You -- I was going to say you have heard this read by title, anyone want to hear it read in its entirety, but I am assuming not. Okay. Council, do you want to take action on this one tonight? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move that we approve Ordinance 19-1862 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve Item 10-C. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Ordinance No. 19-1865: An Ordinance (H-2019-0066 – Millbrae Subdivision) For Annexation Of A Parcel Of Land Located In The SE ¼ Of The SE ¼ Of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 38.15 Acres Of Land From RUT To R-8 (Medium Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date De Weerd: Item 10-D is Ordinance 19-1865. Mr. Clerk, will you, please, read this by title. Meridian City Council Meeting Agenda December 17, 2019 – Page 118 of 504 Meridian City Council December 3, 2019 Page 78 of 80 Johnson: Thank you, Madam Mayor. An ordinance related to H-2019-0066, Millbrae Subdivision, for annexation of a parcel of land located in the SE ¼ of the SE ¼ of Section 4, Township 3 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment "A" and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 38.15 acres of land from RUT to R-8 (Medium Density Residential) zoning district in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Thank you, Mr. Clerk. Council, do I have a motion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move that we approve Ordinance No. 19-1865 with suspension of rules. Bernt: Second. De Weerd: I have a motion and a second to approve Item 10-D. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11 : Future Meeting Topics De Weerd: Okay. Anything under future meeting topics? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Two items coming out of tonight's public hearing. One is a conversation amongst -- again, whether its current Council or new Council, about improvements to our neighborhood meeting process and whether that should involve a neutral third party, staff, somebody who has no ties to the neighborhood or no ties to the developer, that can -- any more accurately report what occurs in the neighborhood meetings. I feel like more and more we are hearing from both the developer and the neighbors that their account and depiction that meetings are polar opposites and it's -- we have got to find a more Meridian City Council Meeting Agenda December 17, 2019 – Page 119 of 504 Meridian City Council December 3, 2019 Page 79 of 80 equitable way to have a good understanding about what's occurring in those meetings, both for the neighbors' benefit and the applicants' benefit. So, I don't know if that's now or future council, but that's something I hope that you all that are here now or in the future can discuss. The second piece that relates to that is -- and maybe this is a conversation for staff -- ways that we can delineate on an application or for the public to understand that when they are -- if they are buying a piece of property in a certain part of town, what potential school or schools that development can support. We are seeing more and more -- I'm sure you are hearing about this as well. I move into a neighborhood , there is a school in my neighborhood and I'm not going to that school and I don't know how we can help our citizens so that they have a good understanding about that they might not go to the school that's in their neighborhood and what that process looks like. So, I don't have the answer to that, but we heard testimony that tonight, I have had three calls in the past six or seven weeks with concerns from folks that are saying you got to be kidding me, I just bought a house and I can't go to the school that I can see from my back door. Got to find a better way. De Weerd: That's going to be a difficult one, but I have met with Dr. Reynolds and -- and we are looking at -- trying to look at a date for February to get a joint meeting between the Council and the school board and that might be a really good topic to have. Cavener: Madam Mayor, to that point -- and, obviously, what you and Mayor Elect Simison want to discuss with her, I hope that those future meetings are more of an opportunity for the trustees and the Council Members to engage with each other. The last two have been very presentation heavy and I think the information that's conveyed in those presentations could be accomplished at a school board meeting or a City Council meeting. It's good information for us to have , but I didn't see a lot of -- as much of a benefit of having it being presented to us jointly as having the opportunity to really engage with each other on some of these issues and talk through them. So , less is more. De Weerd: And that actually would be a good discussion to have. Cavener: Thank you. De Weerd: That's why I brought it up. Any other? So, we will -- it will probably be good to have that discussion with the incoming council and maybe Mr. Clerk and our attorney can come up with ideas. Certainly it would probably be a cost that would be passed onto the development. Cavener: Madam Mayor, I agree with you. I think it will be. And I'm not saying it's up to me to do now, but I think it's -- the conversation needs to occur. Honestly, if -- if I'm an applicant and the public is coming and testifying that is counter to what I have said , I would gladly pay that to have a neutral third party say, whoa, whoa, whoa, that's not what occurred and here is the reality. De Weerd: Or you have it taped and ascribed. Meridian City Council Meeting Agenda December 17, 2019 – Page 120 of 504 Meridian City Council December 3, 2019 Page 80 of 80 Cavener: However -- correct. And I think these are all conversations about what makes sense -- De Weerd: Right. Cavener: -- with each group. We have got to improve that process. De Weerd: Perfect. Okay. If there is nothing further, I would entertain a motion to adjourn. Cavener: I move we adjourn the meeting. Bernt: Second. De Weerd: I have a motion and a second to adjourn. And all those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:43 P.M. (AUDIO FILE OF THESE PROCEEDINGS) 12- / (9 /�-q MAYOR TAMMY DE WEERD DATE APPROVED ATTEST: a By Adrien erly, Deputy Clerk OPQDRATED T G � 2 City or � w B ID All . �� SEAL / CjEQ/IDIZNIA*,-----DAHO CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 6 A Item Title: Proclamation - GivingTuesday Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time f or P resentation: Title of I tem - GivingTuesday C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Mayors Office J ohnson, Chris Approved 11/27/2019 - 2:07 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 5 of 135 EIDIAV* - � J CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 7 Item Title: Future Meeting Topics — Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their: elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting Meeting Notes: E IIIA 1 IDAHO ,he office of the Mayor P R O C L A MA �rI O N WHEREAS, GivingTuesday launched in the U.S. in 2012 and was established as a national day of giving on the Tuesday following Thanksgiving to kick of the charitable season; and, WHEREAS, GivingTuesday is a day where citizens work together to share commitments, rally for favorite causes, build a stronger community, and think about others; and, WHEREAS, it is fitting and proper on Giving Tuesday and on every day to recognize the tremendous impact of compassion and contribution in the City of Meridian; and, WHEREAS, GivingTuesday is a celebration of philanthropy, volunteerism and community service where people give whatever they are able; and, WHEREAS, this year, many Meridian organizations are coming together to participate in this global day of giving. THEREFORE, I, Mayor Tammy de Weerd, do proclaim December 3, 2019 to be Giving�uesday In the City of Meridian and encourage all citizens to join together to give back to the community in any way that is personally meaningful. /), el, � 0--� - '�- � Mayor T4W=y de Weer (:7L - Joe Borton, City Council President Luke Cavener, City Council Vice President Anne Little Roberts, City Council Dated this 31d day of December, 2019. Genesis Milam, City Council Treg Bernt, City Council Ty Palmer, City Council 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/3/2019 Hearing Type: Public Forum Active: *-' Signature Discussion Topic Sign In Date/Time Name Object to off leish fine increases, explained benefits of radio controlled 12/3/2019 4:07:09 Jack Long collar. PM 12/3/2019 6:03:24 Evelyn Morgan Movado Subdivision PM 12/3/2019 6:03:51 Renee Hanson RV parking PM 12/3/2019 6:09:10 Bruce Turner Movado PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=375 1/1 CDAHOIDIAN*,----- ��((,IZ CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 8 A Item Title: Mayor's Youth Advisory Council Update Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time f or P resentation: Title of I tem - M ayor's Youth Advisory Council Update C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P resentation P resentation 12/2/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/27/2019 - 2:07 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 6 of 135 Up d a t e De c e m b e r 3 Ra k e U p M e r i d i a n • 3 h o u r s • 20 p e o p l e • 2 l o c a t i o n s St i c k e r S h o c k Ca m p a i g n ** 8 , 2 0 0 b a g s s t i c k e r e d ! EIDIAN,!-- DAJ CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: Ci t y C o u n c i l M e e t i n g De c e m b e r 3 , 2 0 1 9 h2 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 Th e A p p l i c a n t ’ s p r o p o s e d t e x t i s a s f o l l o w s : 11 - 6 C - 3 B 4 . C u l - D e - S a c s : N o s t r e e t s o r s e r i e s o f s t r e e t s t h a t e n ds i n a c u l - d e - s a c o r a d e a d e n d s h a l l b e l o n g e r t h a n f i v e hu n d r e d f e e t ( 5 0 0 ' ) , o r u p t o s e v e n h u n d r e d f i f t y f e e t ( 7 5 0 ' ) w it h C i t y C o u n c i l a p p r o v a l . Pr o p o s e d t e x t i s a s f o l l o w s : 11 - 6 C - 3 B 4 . C u l - D e - S a c s : a. N o s t r e e t s o r s e r i e s o f s t r e e t s th a t e n d s i n a c u l - d e - s a c o r a d e a d e n d s h a l l b e l o n g e r t h a n f o u r h u n d r e d f i f t y f e e t (4 5 0 ' ) . f i v e h u n d r e d f e e t ( 5 0 0 ’ ) e x c e p t a s a l l o w e d i n s u b s e c t i o n b o f t h i s s e c t i o n . a. T h e C i t y C o u n c i l m a y a p p r o v e a d e a d e n d s t r e e t u p t o s e v e n h u n d r e d f i f t y f e et ( 7 5 0 ’ ) i n l e n g t h w h e r e t h e r e i s a p h y s i c a l ba r r i e r s u c h a s a s t e e p s l o p e , r a i l r o a d t r a c k s o r a l a r g e w a t e r w a y , t h a t p r e ve n t s e x t e n s i o n ; a n d w h e r e a p e d e s t r i a n co n n e c t i o n i s p r o v i d e d f r o m t h e s t r e e t t o a n a d j a c e n t e x i s t i n g o r p l a n n e d p ed e s t r i a n f a c i l i t y . b. C u l - d e - s a c s t r e e t s s h a l l s e r v e a m a x i m u m o f t w e n t y ( 2 0 ) d w e l l i n g u n i t s . c. T h e l e n g t h o f a c u l - d e - s a c s t r e e t s h a l l b e m e a s u r e d f r o m t h e n e a r e d g e o f r ig h t - o f - w a y t o t h e c e n t e r o f t h e t u r n a r o u n d . Zo n i n g M a p Fu t u r e L a n d U s e M a p A e r i a l M a p Zo n i n g M a p Fu t u r e L a n d U s e M a p A e r i a l M a p Ap p r o v e d P h a s e 1 S i t e P l a n & L a n d s c a p e P l a n 1. C O N D I T I O N S C O V E R I N G D E V E L O P M E N T O F S U B J E C T P R O P E R T Y : 1. O w n e r / D e v e l o p e r s h a l l d e v e l o p t h e P r o p e r t y i n a c c o r d a n c e w i t h the following special co n d i t i o n s : 2. F u t u r e d e v e l o p m e n t o f t h e s i t e s h a l l g e n e r a l l y c o m p l y w i t h t h e site plan, landscape pl a n , a n d a r c h i t e c t u r a l e l e v a t i o n s i n c l u d e d i n S e c t i o n V I I , E x h ibits D, E, & F of the st a f f r e p o r t d a t e d 1 0 / 2 2 / 2 0 1 9 a n d t h e c o n d i t i o n s c o n t a i n e d t h e r ein. 3. T h e s u b m i t t e d s i t e a n d l a n d s c a p e p l a n , i n c l u d e d i n S e c t i o n V I I, Exhibits D & E of the st a f f r e p o r t d a t e d 1 0 / 2 2 / 2 0 1 9 s h a l l b e r e v i s e d a s f o l l o w s : i. R e p l a c e “ B u i l d i n g J ” w i t h a t h r ee - s t o r y 1 2 - p l e x t o b e l o c a t e d on the so u t h e r n e n d o f t h e c u r r e n t b u i l d i n g s f o o t p r i n t . T h e n o r t h e r n h alf of the fo o t p r i n t s h a l l b e r e v i s e d t o s h o w a n o p e n l a w n a r e a w i t h l a n d s caping al o n g t h e e a s t e r n e d g e . ii . T h e p l a n s f o r p h a s e t w o s h a l l b e r e v i s e d t o s h o w t h e f u l l 2 5 ’ wide la n d s c a p e b u f f e r t o t h e r e s i d e n t i a l u s e s t o t h e s o u t h ( i n c l u d i n g Lot 14, Bl o c k 1 o f M o v a d o G r e e n s N o . 1 ) o r r e q u e s t a w a i v e r f r o m t h e b u ffer wi d t h r e q u i r e m e n t s a s a l l o w e d u n d e r U D C 1 1 - 3 B - 9 . T h e b u f f e r s h a ll be co m p r i s e d o f t r e e s t h a t t o u c h a t t h e t i m e o f m a t u r i t y , t h i s r e q uirement shall no t b e e l i g i b l e t o b e w a i v e d . 4. A m a x i m u m 1 9 2 m u l t i - f a m i l y r e s i d e n t i a l d w e l l i n g u n i t s s h a l l b e constructed within th i s d e v e l o p m e n t . T h e t o w n h o m e p o r t i o n o f t h e d e v e l o p m e n t d e p i c ted on the concept pl a n s h a l l n o t c o m m e n c e u n t i l t h e a p p l i c a n t r e z o n e s a n d s u b d i v i des the property. 5. S i t e a m e n i t i e s s h a l l b e p r o v i d e d a s f o l l o w s : 1 ) c l u b h o u s e w i t h f i t n e s s f a c i l i t y , 2 ) ch i l d r e n ’ s p l a y s t r u c t u r e , 3 ) s p o r t s c o u r t , 4 ) p o o l , 5 ) d o g w a l k, a n d 6 ) t w o o p e n g r a s s y ar e a s , i n a c c o r d w i t h t h e s t a n d a r d s o f U D C 1 1 - 4 - 3 - 2 7 D . 6. A l l c o m m e r c i a l l o t s a n d m u l t i - f a m i l y d e v e l o p m e n t s a r e s u b j e c t to certificate of zoning co m p l i a n c e ( C Z C ) a n d d e s i g n r e v i e w p r i o r t o t h e i s s u a n c e o f b u i lding permits. 7. A l l m u l t i - f a m i l y d e v e l o p m e n t s s h a l l o b t a i n c o n d i t i o n a l u s e a p proval prior to su b m i t t i n g f o r C Z C a n d d e s i g n r e v i e w a p p r o v a l p e r T a b l e 1 1 - 2 B - 2 . 8. T h e a p p l i c a n t s h a l l h a v e t h e a b i l i t y t o o b t a i n m u l t i - f a m i l y b ui l d i n g p e r m i t s w i t h p h a s e 2 p r i o r t o r e c o r d i n g t h e f i n a l p l a t . Changes to Agenda: None Item #9A: Stapleton Sub. #1 (H-2019-0117) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 9.37 acres of land, zoned R-15, located at the SWC of S. Meridian Rd./SH-69 and W. Harris St. Summary of Request: A final plat is proposed consisting of 53 building lots & 7 common lots on 9.37 acres of land in the R-15 zoning district. The proposed final plat depicts one (1) fewer lot in Block 2 than depicted on the approved preliminary plat & substantially the same amount of common area; therefore, Staff deems the proposed final plat is consistent with the approved preliminary plat as required. Written Testimony: Laren Bailey, Applicant, Applicant’s Representative (in agreement w/staff report) Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0117, as presented in the staff report for the hearing date of Dec. 3, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0117, as presented during the hearing on Dec. 3, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0117 to the hearing date of _______ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9D: Street length for cul-de-sac (H-2019-0107) Application(s): ➢ UDC Text Amendment Current Code: 11-6C-3B4. Cul-De-Sacs: No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty feet (450'). Applicant Proposed: 11-6C-3B4. Cul-De-Sacs: No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than five hundred feet (500'), or up to seven hundred fifty feet (750') with City Council approval. Commission recommended: 11-6C-3B4. Cul-De-Sacs: a. No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty feet (450').five hundred feet (500’) except as allowed in subsection b of this section. b. The City Council may approve a dead end street up to seven hundred fifty feet (750’) in length where there is a physical barrier such as a steep slope, railroad tracks or a large waterway, that prevents extension; and where a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility. c. Cul-de-sac streets shall serve a maximum of twenty (20) dwelling units. d. The length of a cul-de-sac street shall be measured from the near edge of right-of-way to the center of the turnaround. Written Testimony: BCA, Jim Conger and Hethe Clark (see public record) Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0107, as presented in the staff report for the hearing date of December 3, 2019, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0107, as presented during the hearing on December 3, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0107 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #9E: Hathaway Warehouse (H-2019-0118) Application(s): ➢ Vacation of Easement Property location: This site is located at 2198 & 2262 E. Franklin Rd. Summary of Request: The Applicant requests approval to vacate the southern 10’ of the 15’ wide landscape and irrigation easement depicted on the plat along the northern boundary of Lots 2 & 3, Block 1, Whitehawk Subdivision. The landscape buffer was required with the previous PD (CUP-03-066) which required a buffer to be provided on C-G zoned property when a buffer was not in existence on adjacent I-L zoned property; the current does not require such. There is no existing landscaping within the easement area proposed to be vacated. The portion of the irrigation easement proposed to be vacated does not contain any irrigation facilities as documented by a letter from NMID, the easement holder. Vacation of the easement will allow a larger building footprint for the site enabling the Applicant to construct a 20,000 square foot flex space warehouse shell with an associated drive-aisle and parking on the subject property 5 feet from the northern property line (see Section V.B). Written Testimony: Derritt Kerner, Applicant’s Representative (in agreement w/staff report) Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0118, as presented in the staff report for the hearing date of Dec. 3, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0118, as presented during the hearing on Dec. 3, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0118 to the hearing date of _______ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9F: Waterwalk (H-2019-0111) Application(s): ➢ Rezone Size of property, existing zoning, and location: This site consists of 5.18 acres of land, zoned I-L, located on the west side of N. Eagle Rd./SH-55 & the east side of N. Olsen Ave., just north of E. Franklin Rd. History: This property was annexed in 1997 without requirement of a DA. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The Applicant requests a rezone of 6.03 acres of land with a C-G zoning district consistent w/the Commercial FLUM designation. The site is currently vacant/undeveloped. A conceptual development plan was submitted with the rezone application that depicts how the site to be rezoned may possibly develop with two (2) 4-story hotel buildings & associated parking; office uses are also contemplated which aren’t depicted on the plan. Access is proposed via N. Olsen Ave.; no access is proposed or approved via Eagle Rd./SH-55. Because this layout is highly conceptual at this point and is anticipated to change in the future & is not approved by Staff, Staff does not recommend future development is tied to this plan through a DA. Detailed review of the site plan will take place with the CZC and DES applications; compliance with UDC and Fire Department standards is required. Staff recommends a DA as a provision of the Rezone, that allows office, hotel, retail & restaurant uses to develop on the site; any other uses would require modification of the agreement & submittal of a conceptual development plan. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Dustin Holt, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Matt Munger, Applicant’s Representative (in agreement w/staff report) v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. Agreement that commercial makes sense for this area rather than industrial. Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0111, as presented in the staff report for the hearing date of December 3, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0111, as presented during the hearing on December 3, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0111 to the hearing date of _________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9G: 840 E. Ustick Rd. (H-2019-0098) Application(s): ➢ Annexation & Zoning Size of property, existing zoning, and location: This site consists of 2.29 acres of land, zoned RUT in Ada County, located at 840 E. Ustick Rd., midway between Meridian & Locust Grove Rds. on the north side of Ustick. History: None Comprehensive Plan FLUM Designation: LDR (3 or fewer units/acre) Summary of Request: The Applicant requests annexation of 2.29 acres of land with an R-4 zoning district. No development is proposed at this time; the existing SFR home on the property is proposed to remain. Annexation of the property into the City is requested due to the failure of the existing septic system & the need for connection to City sewer. The Applicant recently entered into an agreement with the City for extension of domestic water & sewer service outside Meridian city limits which allowed the property to hook up to City water & sewer service with the requirement the property is annexed into the City. The Applicant requested an R-4 (Medium Low-Density Residential) zoning district for the subject property. The R-4 zoning district is consistent with the LDR designation for this site but could allow development to occur above 3 dwelling units per acre. Density is essentially dictated by the dimensional standards of the district (i.e. the minimum property size, resulting in how many lots can be developed on a property). The R-4 district requires a minimum property size of 8,000 square feet (s.f.). Because no development is proposed at this time, the Commission, at Staff’s recommendation, recommends an R-2 (Low Density Residential) zoning district instead, which requires a minimum property size of 12,000 s.f., to ensure if/when the property redevelops in the future it’s consistent with the density envisioned for this area; with R-2 zoning, a DA is not recommended. However, if Council determines the requested R-4 zoning is appropriate, Staff recommends a DA is required to ensure future density is consistent with the LDR FLUM designation. In this case, the project should be continued to a subsequent hearing date to allow for Staff to prepare recommended DA provisions. Commission Recommendation: Approval of Staff recommended R-2 zoning Summary of Commission Public Hearing: i. In favor: Scott Lamm, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: Scott Lamm, Applicant (in agreement w/Staff recommendation of R-2 zoning); Alyssa & John Villanueva v. Key Issue(s): None Key Issue(s) of Discussion by Commission: R-2 vs. R-4 zoning Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0098, as presented in the staff report for the hearing date of December 3, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0098, as presented during the hearing on December 3, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0098 to the hearing date of _________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9H: Silverstone Apartments (H-2019-0099) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 12.43 acres of land, zoned C-G, located at 4107 E. Overland Rd. History: This property was annexed in 2016 and approved to develop with 312 MF units. In 2017, the property received RZ, MCU and MDA approvals to reduce the MF units from 312 to 112. A final plat and CZC/DES have been approved to construct 112 MF units consistent with a previous MCU and MDA approval. Comprehensive Plan FLUM Designation: MU-R Summary of Request: A DA modification is proposed for the purpose of combining/removing property from the boundary of the (3) previous DA’s to create one DA that governs future development of this site. A new conceptual development plan is proposed to replace the previous plan. The new concept depicts to more MFR units, a 12K s.f. commercial building & associated parking and 10 townhomes. The additional units are proposed to be part of phase 2 & located in a 4.38 acre area previously approved for commercial uses. With the additional units, the Applicant is proposing the following additional site amenities: fitness facilities within the clubhouse, a swimming pool, a dog park and a 50’ x 100’ open grassy area, children’s play structure and sports court. Based on staff’s concerns with the open space and parking on the site, the applicant requested continuance of the project to address staff’s, ACHD and neighbor’s concerns with the site design. The applicant has provided two options to the plans. Staff prepared a memo that outlined the differences between both plans as follows: 1. The removal of an apartment building lowering the unit count from 204 to 196. The loss of the units has a resulted in a net increase of three (3) parking stalls above the minimum code requirement (367 stalls are required and 370 stalls are proposed); 2. A 50’ X 100’ lawn area and larger dog park in the southeast corner; 3. The tot lot was relocated next to the sport court; 4. An additional 50’ x 100’ lawn area was placed between Buildings B and D; 5. The access to S. Movado Way was relocated farther to the south to reduce conflicts at the intersection and improve intersection LOS if ACHD determines a future signal is warranted at the Overland and Movado intersection. NOTE: The applicant is preparing documentation for ACHD to review to determine if a signal is warranted. Building elevations submitted with the application are consistent with those currently under construction with the first phase. Although townhomes are NOT allowed in the C-G district, conceptually Staff supports the residential diversity throughout the development; however, before the property can be developed with townhomes, the property must be rezoned and subdivided. In reviewing the both options, staff prefers option A as it orients the building towards the intersection and places the required parking for the units away from the street. Staff is supportive of the proposed changes however, the revisions have necessitated several modifications to the staff report as follows: 1. DA provision 5.1(2) i and ii should be removed from the DA provisions as these are no longer applicable; and 2. DA provision 5.2 – The maximum number of dwelling units allowed to be constructed within the development should increase from 192 to 196 units. Staff Recommendation: Approval with modifications Written Testimony: Many (37) letters of public testimony have been received on this application in opposition; primary concerns density and traffic – see public record Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0099, as presented in the staff report for the hearing date of December 3, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0099, as presented during the hearing on December 3, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0099 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Cj�irE IDIZ IAN?- �J CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 9 A Item Title: Final Plat for Stapleton Subdivision No. 1 (H-2019-0117) By C4 Land, LLC. Located at 4435 S. Meridian Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for S tapleton Subdivision No. 1 (H-2019-0117) by C4 L and, L L C , L ocated at 4435 S. M eridian Rd. C lic k Here for Applic ation Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 11/27/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 11/27/2019 - 11:42 A M Meridian City Council Meeting Agenda December 3, 2019 – Page 7 of 135 Page 1 HEARING DATE: 12/3/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0117 Stapleton Subdivision No. 1 LOCATION: 4435 S. Meridian Rd., in the SE ¼ of Section 25, Township 3N., Range 1W. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 53 building lots and 7 common lots on 9.37 acres of land in the R-15 zoning district. Alternative compliance to UDC 11-3H-4D.3b, which prohibits intermittent breaks in the berm/wall along SH-69, is also requested. II. APPLICANT INFORMATION A. Applicant: C4 Land, LLC – 4824 W. Fairview Ave., Boise, ID 83706 B. Owner: Same as Applicant C. Representative: Laren Bailey, DevCo – 4824 W. Fairview Ave., Boise, ID 83706 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. There is one (1) fewer lot depicted in Block 2 that shown on the approved preliminary plat and substantially the same amount of common area; therefore, staff deems the final plat in substantial compliance with the approved preliminary plat as required. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda December 3, 2019 – Page 8 of 135 Page 2 Alternative compliance is requested to UDC 11-3H-4D.3b (as allowed in UDC 11-3H-4D.4), which prohibits intermittent breaks in the berm/wall along SH-69 to allow two (2) breaks for pedestrian connections to the multi-use pathway along SH-69. The Applicant’s proposed substitute noise abatement is to wrap the concrete wall inward 60 feet along each side of the common lot containing the pathway to shield adjacent building lots from highway noise as shown on the landscape plan in Section V.C. Because pathways are desired for pedestrian connectivity and block faces over 750 feet are required to contain a pathway in order to extend up to 1,000 feet such as in this case, Staff is amenable to the Applicant’s proposal per the Findings in Section VII. IV. DECISION Staff: Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. The Director approved the request for alternative compliance per the Findings in Section VII. V. EXHIBITS A. Preliminary Plat (date: 1/29/2019) Meridian City Council Meeting Agenda December 3, 2019 – Page 9 of 135 Page 3 B. Final Plat (date: 11/26/2019) Meridian City Council Meeting Agenda December 3, 2019 – Page 10 of 135 Page 4 Meridian City Council Meeting Agenda December 3, 2019 – Page 11 of 135 Page 5 Meridian City Council Meeting Agenda December 3, 2019 – Page 12 of 135 Page 6 C. Landscape Plan (dated: 11/27/19) Meridian City Council Meeting Agenda December 3, 2019 – Page 13 of 135 Page 7 Meridian City Council Meeting Agenda December 3, 2019 – Page 14 of 135 Page 8 Meridian City Council Meeting Agenda December 3, 2019 – Page 15 of 135 Page 9 Meridian City Council Meeting Agenda December 3, 2019 – Page 16 of 135 Page 10 D. Common Driveway Exhibits Meridian City Council Meeting Agenda December 3, 2019 – Page 17 of 135 Page 11 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0129, Development Agreement #2019-110907). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by May 21, 2021); or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Carl Porter, Sawtooth Land Surveying, LLC, dated 11/26/2019, included in Section VII.B shall be revised as follows: Meridian City Council Meeting Agenda December 3, 2019 – Page 18 of 135 Page 12 a. Note #7: Include recorded instrument number for ACHD license agreement. b. Note #8: Include recorded instrument number. c. Note #11: Include recorded instrument number for the Development Agreement (#2019- 110907). d. Note #14 – “. . . Lots 17 18 through 22, Block 2 . . .” e. Note #16: Include recorded instrument number of ACHD sidewalk easement. 5. The landscape plan prepared by Jensen Belts Associates, dated 11/27/19, shall be revised as follows: a. The gravel shoulder along SH-69/S. Meridian Rd. shall be a maximum of 10-feet wide; any area over 10 feet shall be landscaped with lawn or other vegetative groundcover in accord with UDC 11-3B-7C.5. 6. The top of the combination berm/wall constructed along SH-69 shall be a minimum of 10 feet higher than the elevation at the centerline of the state highway in accord with UDC 11-3H- 4D.2 as shown in the exhibit in Section V.C. 7. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2018-0129 included in the Development Agreement. 8. Building lots are limited to 30 lots until an approved secondary access is completed. 9. The building lots along the perimeter of the development adjacent to SH-69/S. Meridian Rd. shall be restricted to a single-story in height as proposed by the Developer in accord with the Development Agreement. 10. Prior to issuance of any Certificates of Occupancy within this phase of development, the SH-69/S. Meridian Rd. roadway improvements, 10-foot wide multi-use pathway and street buffer landscaping shall be constructed along the full length of the project boundary along SH-69/S. Meridian Rd. 11. All single-family attached structures shall comply with the design sta ndards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwelling units prior to submittal of building permit applications. 12. All development within the Northwest gas pipeline easement shall comply with the Williams Gas Pipeline Developer’s Handbook. 13. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway within the street buffer along SH-69 prior to City Engineer signature on the final plat for the phase in which it is located; coordinate the details of the easement with Kim Warren, Park’s Department. 14. Address signage for emergency wayfinding purposes shall be provided at the public street for homes accessed by the common driveways on Lot 10, Block 1 and Lots 23 & 28, Block 2. 15. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easements shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 16. All existing structures on the site shall be removed prior to City Engineer signature on the final plat. Meridian City Council Meeting Agenda December 3, 2019 – Page 19 of 135 Page 13 17. The wall along SH-69 shall be staggered with at least 2 feet variations at a minimum of every 300 linear feet as proposed by the Applicant in order to comply with UDC 11 -3H- 4D.3c to avoid a monotonous wall. 18. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Applicant to revise the sewer mainline slope between SSMH A-4, SSMH A-3, and SSMH A- 2 (Sewer Line 'A' profile, on sheet C5.0 ) to have a maximum slope of 5.0%. 2. Applicant shall add a blow-off to the 8-inch water mainline stub in W Norwich Street (near lot 3, block 3). The water mainline stub in W Haniken Street does not meet minimum pressure in this phase as currently designed. Applicant must choose 1 of the 4 following options to resolve this deficiency: Option 1- Add a second water connection to Meridian Road via the walking path (lot 23, block 1); Option 2 - Connect the water mains between W Hanicken Street & W Norwich Street via the common drive (lot 23, block 2); Option 3 - Construct the water main in phase 1 up Solaris Avenue through the future phase and connect into Harris Street; or Option 4 – Remove the deficient lots (i.e. Lots 13-27, Block 2 and Lots 2-4, Block 5) from the boundary of the plat. 3. The street light plan submitted with this application appears to meet design requirements based on a preliminary review. A future streetlight installation agreement is required for the required streetlights on Meridian Road. 4. There is significant amounts of earth moving/fill on this site; per General Condition #18, the Applicant shall be required to submit compaction test results for the development prior to issuance of building permits. General Conditions: 5. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 6. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 8. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 9. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. Meridian City Council Meeting Agenda December 3, 2019 – Page 20 of 135 Page 14 10. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 11. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 12. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 14. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC 11-1-4B. 18. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 19. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 20. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 21. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 22. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The Meridian City Council Meeting Agenda December 3, 2019 – Page 21 of 135 Page 15 contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 23. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 24. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 25. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 26. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 27. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 28. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda December 3, 2019 – Page 22 of 135 Page 16 VII. Findings Alternative Compliance (UDC 11-5B-5E) Required Findings: In order to grant approval for an Alternative Compliance application, the Director shall determine the following: 1. Strict adherence or application of the requirements are not feasible; or Staff finds that strict adherence or application of the requirements of UDC 11-3H-4D.3b, which prohibit intermittent breaks in the berm/wall along SH-69, is not feasible due to the requirement for pathways to be provided for pedestrian connectivity and for block faces to extend up to 1,000 feet in length. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the proposed alternative means of compliance (wrapping the sound wall inward 60 feet along each side of the common lot containing the pathway to shield adjacent building lots) provides an equal means for meeting the requirements in UDC 11-3H-4D.3b. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. Staff finds the alternative means of complying with UDC 11-3H-4D.3b will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties and will allow for pedestrian access to the multi-use pathway along SH-69 in more locations other than just at the quarter mile. Meridian City Council Meeting Agenda December 3, 2019 – Page 23 of 135 EIDIANC-- I DAJ CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 9 B Item Title: Public Hearing For Proposed Ordinance 19-1856 Amending Meridian City Code 6-2-8 (D) and (G) to increase fine amounts related to Off -Leash Dogs. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: Genesis M ilam Estimated Time f or P resentation: 10 Title of I tem - Public Hearing for P roposed Ordinance 19-1856: An O rdinance Amending M eridian City Code 6-2-8(D) and (G) to Increase F ine Amounts Related to O ff-L eash D ogs C lic k Here to S ign Up to Tes tify at Hearing C urrent C ity C o d e 6-2-8 P roposed Amend ment to C ity C ode 6-2-8(G ) “Do g R ushing” to increase the fine levied fo r vio lations from $300 to $500-$1,000.00 eac h violatio n, and d ed icate any fine p aid to ward o ur costs for the Idaho Humane S o ciety c o ntract. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Current City Code 6-2-8 B ackup Material 8/22/2019 Comments R eceived by Email P ublic Testimony 12/2/2019 J ennif er P edrali Email Cover Memo 12/2/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/27/2019 - 2:29 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 24 of 135 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/3/2019 Hearing Type: Council Item Number: 9-13 Project Name: Ordinance Amending Meridian Code Regarding Fine Amounts Related to Off -Leash Dogs Project No.: Ordinance 19-1856 Active: Signature Name Address HOA Name HOA Represent For Neutral Against I Wish To Testify Sign In Date/Time Mike 2629 W Fieldstone 12/1/2019 X Arnold Parkstone Dr Meadows 9:08:21 PM John 2605 W. 12/3/2019 Haven Cove X X Padden Leonard St. 5:46:32 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=379 1/1 8/22/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 1/3 6-2-8: PROHIBITED ACTS: A court sentencing a person for a violation of this chapter may assess court costs in addition to the fines and penalties set forth herein. A. Barking Dog: It shall be unlawful for any dog owner to permit a dog owned by such person to carry on excessive, continuous or untimely barking or noise. A violation of this subsection shall constitute an infraction punishable by a fine of one hundred dollars ($100.00). B. Reserved. C. Damage To Property: It shall be unlawful for any person owning any animal to cause or allow such animal to damage private or public property without the consent of the property's owner. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. D. Dog At Large In Public Place: Except as otherwise allowed by law, it shall be unlawful for any dog owner to allow or cause any dog owned by such person to be or remain in any public place, unless such dog is controlled by a leash not exceeding six feet (6') in length. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute an infraction punishable by a fine of one hundred dollars ($100.00). The animal control officer may seize and impound any dog found in violation of this subsection. E. Dog At Large On Private Premises: It shall be unlawful for any dog owner to allow or cause such dog to be or remain upon any private premises without the consent of the person in possession of such premises. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. The animal control officer may seize and impound any dog found in violation of this subsection. F. Dog Attacking Or Biting: Any owner of a dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the biting dog, shall be guilty of a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. The animal control officer may seize and impound any dog found in violation of this subsection. Where a dog seized pursuant to this provision shows any symptom of rabies or has not been vaccinated for rabies, the animal control officer shall deliver the biting animal to the Idaho Humane Society or to a licensed veterinarian for examination for rabies, and all related costs of such examination shall be paid by the dog owner upon demand from city. Such examination may include, at the discretion of the Idaho Humane Society or veterinarian to whom the biting dog is surrendered, a period of quarantine, confinement, and/or impoundment. If such biting dog is determined to be free of rabies, the dog shall be returned to the owner upon payment to the Idaho Humane Society or licensed veterinarian who examined such animal of all related fees and/or Meridian City Council Meeting Agenda December 3, 2019 – Page 25 of 135 8/22/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 2/3 costs. If such biting dog is determined to be afflicted with rabies, the biting dog shall be euthanized according to the provisions of this chapter. G. Dog Rushing: It shall be unlawful for any owner of a dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. H. Failure To Display Dog License Tag: It shall be unlawful for any dog owner to fail to cause any licensed dog owned by such person to wear, at all times, a durable, secure collar bearing a valid city of Meridian dog license tag. Production of proof that such dog is licensed shall be an affirmative defense to a charge of violation of this subsection. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). I. Failure To License Dog: It shall be unlawful for any dog owner to fail to obtain a city of Meridian dog license for any dog owned by such person. It shall be an affirmative defense to a charge of violation of this subsection that such dog is six (6) months of age or younger. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. J. Failure To Update Dog Owner Contact Information: It shall be unlawful for any dog owner to fail to provide to the city clerk's office updated contact information where there is a change in such dog owner's physical address, mailing address, and/or telephone number registered with any city of Meridian dog license. A violation of this subsection shall constitute an infraction punishable by a fine of ten dollars ($10.00). K. Failure To Vaccinate Dog Against Rabies: It shall be unlawful for any dog owner to fail to vaccinate his or her dog against rabies within the first year of the dog's life. Further, it shall be unlawful for any dog owner to fail to renew his or her dog's rabies vaccination every three (3) years. L. Female Dog In Heat: It shall be unlawful for any owner of a female dog in heat to fail to enclose such female dog in such a manner as to preclude other dogs from attacking or being attracted to such female dog. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. M. Fraudulent Display Of Dog License Tag: It shall be unlawful for any dog owner to fail to cause or allow any dog owned by such person to wear a dog license tag issued for another dog, or to wear any imitation of a city of Meridian dog license tag. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. N. Harboring Excess Dogs: It shall be unlawful for any person to own; keep, harbor, possess, accept, or maintain custody, control, or care of; or license more than three (3) dogs at any single Meridian City Council Meeting Agenda December 3, 2019 – Page 26 of 135 8/22/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 3/3 residence, property, or premises. It shall be an affirmative defense to a charge of violation of this subsection that such dogs comprise a single litter of puppies under six (6) months of age that is kept at a single location with the mother dog. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. O. Harboring Rabid Animal: It shall be unlawful for any person to own, keep, harbor, possess, accept, or maintain custody, control, or care of any animal afflicted with rabies. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. The animal control officer may seize and impound any animal found in violation of this subsection. P. Harboring Vicious Dog: It shall be unlawful for any person to own a vicious dog in the city of Meridian more than fourteen (14) days following the entry of a final decision that the dog is a vicious dog. Fourteen (14) days following the entry of a final decision that the dog is a vicious dog, such dog may be considered to be contraband, and may be seized pursuant to warrant and euthanized. A violation of this subsection shall constitute a misdemeanor punishable by a fine of one thousand dollars ($1,000.00) and one hundred eighty (180) days' jail. Additionally, upon conviction, the court may authorize the animal control officer to seize, impound, and/or euthanize the dog giving rise to the violation. Q. Improper Disposal Of Dead Dogs: It shall be unlawful for any person to place or leave any dead dog on public or private property, including premises lawfully owned or possessed by such person. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. R. Interference With Animal Control Officer: It shall be unlawful for any person to hinder or interfere with in any manner an animal control officer who is enforcing any of the provisions of this chapter. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. S. Removal Of Dog Feces: It shall be unlawful for any person to fail to promptly remove and dispose of, in a sanitary manner, any and all feces left by a dog owned or being handled by such person on property, public or private, other than the premises of the owner or handler of such dog. A violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). T. Unlawful Reclamation Of Impounded Dog: It shall be unlawful for any person to recover or attempt to recover possession of any impounded dog, in any manner contrary to city policy or the provisions of this chapter. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. (Ord. 16-1713, 11-15-2016) Meridian City Council Meeting Agenda December 3, 2019 – Page 27 of 135 1 Charlene Way From:Chris Johnson Sent:Thursday, November 14, 2019 11:59 AM To:Charlene Way Subject:FW: Support Increasing FInes for not having dog on a leash From: Genesis Milam <gmilam@meridiancity.org> Sent: Thursday, November 14, 2019 11:36 AM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Fw: Support Increasing FInes for not having dog on a leash For the record Genesis Milam | Councilmember City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0529 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. From: Rutherford < stmusic@cableone.net > Sent: Thursday, November 14, 2019 9:24 AM To: Genesis Milam Subject: Support Increasing FInes for not having dog on a leash Hi Councilwoman Milan - I just read about you're introducing an ordinance to increase the fines for this offense and my wife Susan and I strongly support this. I have written to the Mayor previously about this and we are glad to hear about this. Its important to note that for us older people the real risk with dogs running loose is that they can knock us down and the fall can cause severe injuries. Even friendly dogs can do this as they jump up on us and want be playful so its not just dogs that might bite someone that pose a danger to elderly people. Thanks for doing this. Sincerely - Bill and Susan Rutherford Meridian City Council Meeting Agenda December 3, 2019 – Page 28 of 135 1 Charlene Way From:Chris Johnson Sent:Tuesday, November 19, 2019 10:13 AM To:Charlene Way Subject:FW: Off-Leash Ordinance Change Proposal From: Josha Iverson <jiverson@meridiancity.org> Sent: Tuesday, November 19, 2019 10:06 AM To: Mat Runcorn <matnpeg97@gmail.com> Cc: mayortammy <mayortammy@meridiancity.org>; Genesis Milam <gmilam@meridiancity.org>; Joe Borton jborton@meridiancity.org>; Luke Cavener <lcavener@meridiancity.org>; Anne Little Roberts alittleroberts@meridiancity.org>; Ty Palmer <typalmer@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Subject: RE: Off-Leash Ordinance Change Proposal Mat, Thank you for your email, it has been received by the Mayor’s Office. We appreciate you taking time to share your thoughts and comments with us about proposed changes to the off-leash ordinance. We take public feedback seriously and want you to know that we have received your email and have read your comments. This ordinance is currently scheduled to be heard at the City Council meeting on Tuesday, 11/26/19 at 6:00pm; you are welcome to attend and provide public comment at that time. The meeting will be held in our City Council chambers at Meridian City Hall, 33 E. Broadway Avenue Your email has been forwarded to our City Clerk and will be included in the public record. We invite you to check the City’s website, meridiancity.org , for additional information; both the City Council and City Clerk pages. I hope you find this information helpful. Thank you again for contacting us, Josha Iverson| Administrative Assistant City of Meridian | Mayor’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0529 |Fax: (208) 884-8119 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 From: Mat Runcorn < matnpeg97@gmail.com > Sent: Monday, November 18, 2019 8:06 PM To: mayortammy < mayortammy@meridiancity.org >; Genesis Milam < gmilam@meridiancity.org >; Joe Borton jborton@meridiancity.org >; Luke Cavener < lcavener@meridiancity.org >; Anne Little Roberts alittleroberts@meridiancity.org >; Ty Palmer < typalmer@meridiancity.org >; Treg Bernt < tbernt@meridiancity.org > Subject: Off-Leash Ordinance Change Proposal Meridian City Council Meeting Agenda December 3, 2019 – Page 29 of 135 2 External Sender - Please use caution with links or attachments. Meridian City Mayor and City Council Members, I am writing in regards to the article linked below about proposed changes to the Meridian Off-Leash Ordinance. I have lived in Meridian for over 20 years (and in Idaho for 48). I appreciate the small town feel with all the amenities of a larger city. The parks and growing number of pathways that are spread throughout the city provide great areas for community members to have easy access to activities and healthy recreation. I became a dog owner 3 years ago and have worked very consistently at training her to be well behaved as we walk throughout the community. Our dog is a high energy breed and this is an opportunity for us to both get some healthy exercise. We frequently walk to one of the parks near our home and must admit she is off leash chasing a ball as far as I can throw it to burn off some much needed energy. I always try to be mindful of people around me and do not let her approach people unless they invite her. If someone is walking by I make her sit as they pass, unless they want to pet her (then she turns back into the wiggly puppy). This area is frequented by many others with dogs, some on-leash and many not. The area is wide open and is a great place for the dogs to run as long as there are no other users on the field. I have never had any issues or conflicts with other people or animals. In my observations, everyone has been very mindful of their dogs and their behaviors. I also walk her back to the house off-leash sometimes as it is a good opportunity to provide training. She automatically stops at each intersection, drops her ball and sits until I release her. Again, she does not approach people unless I tell her it's ok, and I only do that if they invite her. She gets compliments from people for being well behaved nearly every time we are out. I don't want to come off as bragging, but I am trying to point out that dogs behaviors are more about the owners. In 3 years of walking very frequently for many miles around our house, I have only encountered one "conflict". I put my dog on a leash as another couple was walking their dog on a leash down a path toward us. My dog is really clueless about other animals most of thetime as she is focusing on her ball or smelling something. As the other little dog approached it launched at my dog and "attacked". It was small so no harm done. Scared my much bigger dog and we all laughed a bit. That is what I like about walking around our great city. The people a very friendly, understanding, and out trying to live healthy lifestyles. The couple was just a little embarrassed by their dog's behavior, but it was not really a big deal. I realize Meridian has dog parks and I really appreciate the one I have gone to by the water tower. It is such a great place and a good social environment for the dogs. It is a good size but still not big enough for high energy dogs. I have seen far more conflicts there than anywhere else we have walked, including 100's of miles in the Boise foothills. Some people at the dog park do not really watch their dogs and do not pick up waste so you do have to watch a bit more there than walking close to home. Meridian does a great job at placing bags around parks and pathways for owners to pick up droppings. This really helps to keep the community clean! I am concerned that the proposed ordinance change to increase the fines will primarily punish owners of dogs that are well behaved and that are really mindful of others in the community. I would like to propose that rather than increasing fines for off-leash violations, that very strict policies be put in place for owners that have dogs that create the conflicts noted in the article below. I was very surprised to read about the "enormous number of complaints", "regarding people being chased or bitten by dogs". I agree that is totally unacceptable and there is no place for that behavior in our community. I agree with City Attorney Bill Nary in that owners need to be aware oftheir dogs and their dogs behavior. Rather than increase fines for people that really aren't causing a public nuisance, I would like to see the city implement a common sense approach and enforce ordnances that address the real concerns of the community. Fines should be imposed for people that do not maintain at least some level of control over their dogs, aggressive dogs in public, to include dogs that are on and off-leash, and for pet owners that do not pick up pet waste. People should be encouraged to call and report dog owners that are not mindful of their behaviors. I believe this would be a much better way to address the real concerns of the citizens of Meridian, without stifling healthy activities and community bonding. Penalizing someone like myself would only encourage me to move to an area where there would be less potential for fines and better access to large areas where we could get out. We love Meridian and supporting the local community and businesses, but unfortunately that move would likely be outside of the city. I ask you to please reconsider the porposal to increase fines for off-leash dogs and to consider implemeting policies that address the real concerns with agressive behavior. Thank you. https://www.kivitv.com/news/off-leash-dog-fines-could-triple-in-meridian-if-new-ordinance-passes Mat Runcorn 208-870-5319 Meridian City Council Meeting Agenda December 3, 2019 – Page 30 of 135 1 Charlene Way From:L Wheatley <WHEATLEYL07@msn.com> Sent:Sunday, December 01, 2019 6:33 PM To:Meridian City Clerk Subject:Off Leash Dogs Amendment My concern isn’t for the off leash dogs. Something has to be done with the roaming cats. There is too much emphasis on the dogs running loose when the cats are as big of an issue. They do far more damage to my property than dogs and owners need to take responsibility and contain any animal they own. Meridian City Council Meeting Agenda December 3, 2019 – Page 31 of 135 1 Chris Johnson From:Jennifer A Pedrali <crackerjax@mac.com> Sent:Monday, December 2, 2019 12:40 PM To:Meridian City Clerk Subject:Upcoming hearing on dog leash law and RV storage Hi, Just wanted to send in my opinion: I AGREE that the fines for off-leash dogs should INCREASE. I DON’T AGREE that RVs can be kept on the driveway or front yards. Thank you, Jennifer Pedrali 555 W Laughton Dr Meridian ID 83646 Meridian City Council Meeting Agenda December 3, 2019 – Page 32 of 135 EIDIAN,'?-- DA.J CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 9 C Item Title: Public Comments Regarding Draft Ordinance 19-1852: Prohibited Parking Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public C omment Regarding D raft Ordinance 19-1852: P rohibited P arking 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 Comments R eceived by Email P ublic Testimony 12/2/2019 J ennif er P edrali Email Cover Memo 12/2/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/27/2019 - 2:30 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 33 of 135 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/3/2019 Hearing Type: Council Item Number: 9-C Project Name: An Ordinance Regarding Prohibited Parking Project No.: Ordinance 19-1852 Active: Signature HOA I Wish To Sign In Address HOA Name For Neutral Against Name Represent Testify Date/Time Renee 1435 E Tuttle Saguaro 12/1/2019 X X X Hanson St Springs 11:07:13 AM Tyler 3907 W Bridgetower 12/1/2019 X ramos Ravenna St West 2:23:28 PM Mike 2629 W Fieldstone 12/1/2019 X Arnold Parkstone Dr Meadows 9:05:12 PM John 2605 W. 12/3/2019 Haven Cove X X Padden Leonard St. 5:47:38 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=380 1/1 1 Charlene Way From:Georgia Lett <glett2010@gmail.com> Sent:Monday, December 02, 2019 7:57 AM To:Meridian City Clerk Subject:RVs Input on RV code: RVs should not be allowed on the front lawn or any other grassy or soil area. RVs should not be allowed for occupancy while on the street. (even for a few days). Driveway parking should not have the hitch part sticking into the sidewalk right of way. Residency in RV parked in driveway without impinging on the sidewalk should be for a limited period of time. Otherwise, driveway parking should not be allowed. RVs should be parked in front of homes only when loading and unloading. All electric cords should never be stretched across the sidewalk unless marked with at least 2 orange cones. Enforcement of any code allowing for parking otherwise or for a few days here or there is virtually unenforceable seeing that by the time the time limit has been exceeded, then reported (whenever a citizen reports it), then cited, then rechecked on, the unit can be moved. Thus, no violation is noted. I feel relaxing the code only allows for more RVs to be parked along streets, in front lawns, in driveways, etc makes walking in our subdivisions more hazardous for all. These big vehicles block view of traffic in the street when residents leave and enter the driveway, increases risks of tripping and injuries from parts sticking into the sidewalk right of way, and encourages people to live in the RV over many days. Thank you for considering these comments. I do not choose to have this shared at any meeting. Blessings to you, Georgia Praises to our Lord and Savior at all times. But as many as received him, to them gave he power to become the sons of God, even to them that believe on his name John 1:12 NKJV Meridian City Council Meeting Agenda December 3, 2019 – Page 34 of 135 1 From: Jan Pavelec <jpavelec@hotmail.com> Sent: Sunday, December 01, 2019 11:14 AM To: Meridian City Clerk <MeridianCityClerk@meridiancity.org> Subject: rv parking When an rv is parked in front of a residence for an extended period it would Be neighborly if they were asked the reson for it being there instead of issuing a city violation or citation. I have experienced this with my own because of construction as far as pouring A pad to park it on. The neighborhood god then issued a letter with a fine rather than ask questions. I know of no one whom leaves the rv parked longer than necessary but There are circumstances for it and I have no problem with it. Thank you; Jon Pavelec Sent from Mail for Windows 10 Meridian City Council Meeting Agenda December 3, 2019 – Page 35 of 135 1 Chris Johnson From:Jennifer A Pedrali <crackerjax@mac.com> Sent:Monday, December 2, 2019 12:40 PM To:Meridian City Clerk Subject:Upcoming hearing on dog leash law and RV storage Hi, Just wanted to send in my opinion: I AGREE that the fines for off-leash dogs should INCREASE. I DON’T AGREE that RVs can be kept on the driveway or front yards. Thank you, Jennifer Pedrali 555 W Laughton Dr Meridian ID 83646 Meridian City Council Meeting Agenda December 3, 2019 – Page 36 of 135 EIDIAN,*-- DAJ CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 9 D Item Title: Public Hearing for Cul -de -Sacs Street Length (H-2019-0107) By Todd Campbell 1, Request to extend the Maximum street length for cul-de-sacs listed in the UDC 11-6C-38.4 from 450 feet to 500 feet or up to 750 feet with City Council Approval Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.D. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for S treet L ength for Cul-de-Sacs (H-2019-0107) by Todd C ampbell 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 P lanning and Zoning Commission R ecommendations S taff Report 11/26/2019 P lanning and Zoning Meeting Minutes from 11/07/2019 B ackup Material 11/26/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/26/2019 - 6:36 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 37 of 135 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/3/2019 Hearing Type: Council Item Number: 9-D Project Name: Cul -de -Sac Street Length UDC Text Amendment Project No.: H-2019-0107 Active: Signature HOA HOA I Wish To Sign In Address For Neutral Against Name Name Represent Testify Date/Time Dave 14254 w battenberg 12/3/2019 X X Yorgason boise 6:02:25 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=364 1/1 Page 1 HEARING DATE: 12/3/2019 TO: Mayor & City Council FROM: Caleb Hood, Planning Division Manager 208-884-5533 SUBJECT: H-2019-0107 Street Length for Cul-de-Sacs LOCATION: Citywide I. DESCRIPTION The applicant, Todd Campbell, has requested an amendment to the maximum street length for dead-end streets (cul-de-sacs) allowed by Meridian City Code. The Unified Development Code (UDC) currently limits cul-de-sacs to no more than 450 feet in length (UDC 11-6C- 3B4). The applicant is proposing to increase the maximum cul-de-sac length to 500 feet, or up to 750 feet with City Council approval. II. APPLICANT INFORMATION Applicant: Todd Campbell, Todd Campbell Construction, PO Box 140298, Boise, ID 83714 III. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 10/18/2019 11/15/2019 Public Service Announcement 10/14/2019 11/12/2019 Nextdoor Posting 10/15/2019 11/12/2019 IV. STAFF ANALYSIS & RECOMMENDATION Meridian City Code, 11-1A-1 definition of terms is as follows: STREET, CUL-DE-SAC: A dead end street provided with a turnaround at its terminus. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda December 3, 2019 – Page 38 of 135 Page 2 STREET: A private or public right of way that provides vehicular access to adjacent properties. The term street shall include, but not be limited to, a road, thoroughfare, parkway, avenue, boulevard, lane, place, or highway. NOTE: Historically, the City has not applied the term “street” to commercial driveways or drive aisles for multi-family projects where private streets were not proposed. The City generally discourages the use of dead-end streets. However, cul-de-sacs are appropriate in certain situations. For instance, topography may dictate that a road should not be extended up or down a hillside. Proximity to arterial and collector streets or other barriers like canals or railroad tracks may also provide some justification for not extending streets. These instances are limited in Meridian, however and in most cases other design options and layouts of the streets and lots are feasible. The Applicant is proposing a change to the maximum allowable length of a dead end street so Council can approve development projects that have been well thought out and designed, but, because of access limitations or other challenges specific to the parcel, would not be able to be fully developed because of the current code limitations. This change will allow property owners and the Meridian City Council more flexibility when developing parcels with access limitations. (See Applicant’s Narrative for more information). When cul-de-sacs are allowed, the length is limited for a handful of reasons. First, there is a life- safety component. Historically, fire hydrants were located at intersections and the length from the hydrant to a structure at the end of a cul-de-sac was a concern. That concern can be mitigated, however by installing a hydrant down the cul-de-sac. Cul-de-sacs and the length is also a concern for emergency vehicles themselves. It can be time consuming and difficult to maneuver larger vehicles on dead-end roadways. There are standards for radii though, somewhat mitigating this concern as well. However, the longer the dead-end, the longer it takes for emergency vehicles to turn-around; the longer the cul-de-sac, the more time wasted turning around. If roads are connected, it provides emergency service providers (and others) multiple access points – two ways in, two ways out. Parking can also be a concern on cul-de-sacs. When cars are parked on a cul-de-sac it can be even more difficult for large vehicles to turn around. Maintenance of long cul-de-sacs is another concern. Similar to emergency service vehicles, it is difficult for snowplows to not only maneuver in cul-de-sacs, but it also limits where snow can be stored; residential driveways on cul-de-sacs typically take up a lot of the area at the curb and there is more surface area to plow – if they get plowed at all. During inclement weather, this can further exacerbate emergency services access to these properties (snow/ice covered roadways). The asphalt maintenance of cul-de-sacs is also costly to the public for the same reasons of maneuvering large machinery on curves. Nationally, and even locally, the maximum length for cul-de-sacs varies greatly. In researching this issue, Staff found the maximum length varies greatly; determining the maximum length for a community seems to be more of an art than a science. The context (rural or urban) is an important factor to consider though when determining an appropriate maximum length. The City’s current standard of 450 feet is somewhat subjective, but is largely tied to the desire for shorter, connected blocks. The applicant’s proposal, however, to increase the standard maximum length to 500 feet, seems to be in-line with what other cities allow. Further, this request does not seem to cause any concern for emergency service providers. In addition to changing the maximum cul-de-sac length to 500 feet, the applicant is proposing to allow up to 750-foot long cul-de-sacs with Council approval. A connected street network allows traffic to disperse thereby easing congestion. It is anticipated that each single-family home generates approximately 10 vehicle trips per day. If there are several homes on a cul-de-sac, it could create Meridian City Council Meeting Agenda December 3, 2019 – Page 39 of 135 Page 3 congestion concerns. Again, Staff is not overly supportive of dead-ends and can think of no on-the- ground situation where a 750-foot long cul-de-sac would be needed. However, Staff is willing to support this request as it does afford flexibility in design, provided two conditions exist: 1) there are not more than 20 dwellings that have frontage or access to the cul-de-sac street, and 2) there is a bicycle and pedestrian connection provided from the cul-de-sac street. Just because the above design criteria may be provided does not necessarily mean a cul-de-sac over 500 feet is in the City’s best interest. However, if the design criteria are present, it provides for some of the flexibility the Applicant is seeking while also providing the connectivity and neighborhood integration elements desired by policy. Developers and Council should use cul-de-sacs over 500 feet sparingly, and only when there is topographic or other physical barrier constraint. Staff finds that the following action items from the City’s Comprehensive Plan apply to the subject Unified Development Code Text Amendment request (Staff analysis in italics ): • “Keep current the Unified Development Code and Future Land Use Map to implement the provisions of this plan.” (7.01.01A) The City wants to ensure that its policies and codes reflect the will and want of the community. The proposed UDC amendment intends to keep the UDC relevant by reflecting current development trends in the City without compromising life, safety or the general welfare of the community. • “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) All new public streets in Meridian are required to have sidewalks. This sidewalk network often serves as part of the overall pedestrian system, connecting neighborhoods to the pathway system and services. Cul-de-sacs diminish the ability to link properties. • “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) Dead end streets directly conflict with this policy. Staff looks for opportunities to connect not only subdivisions to each other, but also blocks within the same development. • “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets.)” (3.03.02O) Staff performs this task with each new development proposed. It is not uncommon for Staff to require proposed cul-de-sacs to be extended to adjacent properties. • “Require the public street system to be continuous through each mile section. This does not preclude the use of traffic calming measures, nor does it imply the roadway have a straight alignment.” (3.03.03F) While not directly tied to the subject request, this policy shows the importance of having continuous streets through neighborhoods. Cul-de-sacs can serve a purpose, but they should not be overly common. • “Provide the most efficient transportation network possible.” (3.03.03) Staff is of the opinion that long dead end streets do not further the objective of having the most Meridian City Council Meeting Agenda December 3, 2019 – Page 40 of 135 Page 4 efficient transportation network. A healthy community is one that has good connectivity between residential areas and community gathering places as well as streets that serve multiple users (City of Meridian Comprehensive Plan, Ch. 3, pg. 8). Residential areas should be interconnected to one another so roadway users – motorists, pedestrians and bicyclists – needs are met. Interconnected streets and subdivisions, reducing long isolated streets, help create neighborhoods. In summary, other design options can, and should, be used more frequently than long cul-de-sacs. That said, the Applicant’s proposal to extend the maximum length up to 500 feet does not seem to cause any life-safety concerns for emergency service providers or overly compromise the connectivity or livability factors contained in City policies. Current City Code, the Applicant’s request, and Staff’s recommendation is listed below. Current City Code is as follows: 11-6C-3B4. Cul-De-Sacs: No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty feet (450'). The Applicant’s proposed text is as follows: 11-6C-3B4. Cul-De-Sacs: No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than five hundred feet (500'), or up to seven hundred fifty feet (750') with City Council approval. Staff’s recommended text is as follows: 11-6C-3B4. Cul-De-Sacs: a. No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty feet (450').five hundred feet (500’) except as allowed in subsection b of this section. b. The City Council may approve a dead end street up to seven hundred fifty feet (750’) in length where there is a physical barrier such as a steep slope, railroad tracks or a large waterway, that prevents extension; and where a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility. c. Cul-de-sac streets shall serve a maximum of twenty (20) dwelling units. d. The length of a cul-de-sac street shall be measured from the near edge of right-of-way to the center of the turnaround. NOTE: An exhibit (or two) depicting cul-de-sac design may be appropriate to include in the UDC as well. Staff will bring some exhibits to the public hearings. V. DECISION A. Staff: Staff recommends approval of the proposed text amendment to the UDC, as amended by Staff and shown in Section IV above, based on the analysis provided above and the Findings of Fact and Conclusions of Law listed in Section VII below. Meridian City Council Meeting Agenda December 3, 2019 – Page 41 of 135 Page 5 B. The Meridian Planning & Zoning Commission heard this item on 11/07/2019. At the public hearing, the Commission moved to recommend approval of the subject ZOA request. 1. Summary of Commission public hearing: a. In favor: Dean Waite b. In opposition: None c. Commenting: Dave Yorgason d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. b. c. Allowing the extension of cul-de-sacs through alternative compliance. Cul-de-sac lengths and number dwellings that can be served from a single access per the fire code. Block length standards in the UDC. 4. Commission change(s) to Staff recommendation: a. Include graphic below with the proposed code change. 5. Outstanding issue(s) for City Council: a. None C. City Council: Enter Summary of City Council Decision. Meridian City Council Meeting Agenda December 3, 2019 – Page 42 of 135 Page 6 VI. PROPOSED UDC GRAPHIC PER COMMISSION RECOMMENDATION VII. CITY/AGENCY COMMENTS & CONDITIONS As of the print deadline for this report, only the Idaho Transportation Department (ITD) provided comment; ITD provided a “no comment” letter. VIII. FINDINGS Unified Development Code Text Amendments: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the Council shall make the following findings: A. The text amendment complies with the applicable provisions of the comprehensive plan; The Commission finds that the proposed UDC text amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies section of the Staff Report for more information. B. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and The Commission finds that the proposed text amendment, as modified in the Staff Report, will not be detrimental to the public health, safety or welfare. C. The text amendment shall not result in an adverse impact upon the delivery of services Meridian City Council Meeting Agenda December 3, 2019 – Page 43 of 135 Page 7 by any political subdivision providing public services within the City including, but not limited to, school districts. The Commission finds that the proposed text amendment does not propose any significant changes to how public utilities and services are provided. Please refer to any written or oral testimony provided by any public service provider(s) when making this finding. Meridian City Council Meeting Agenda December 3, 2019 – Page 44 of 135 i Re: Street Length for Cul-de-sacs — H-2019-0107 MrG • M, 11-6C-3134. Cul -De -Sacs: a. No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than five hundred feet (500') -except as allowed in subsection b of this section. b. The City Council may approve a dead end street up to seven hundred fifty feet (750') in length where there is a physical barrier such as a steep slope, rail road tracks or a large water way, that prevents extension; and where a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility. c Cul-de-sac streets shall serve a maximum of thirty (30) dwelling units if it is over 500' in length. d The length of a cul-de-sac street shall be measured from the near edge of right-of-way to the center of the turnaround. Thank you!!!! 1 CE IDIANFZC--DAHO CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 9 E Item Title: Public Hearing for Hathaway Warehouse (H-2019-0118) By Hathaway Development, LLC. Located at 2198 and 2262 E. Franklin Rd. 1. Request a Vacation of the southern 10 -feet of the 15 -foot wide landscape and irrigation easement depicted along the northern boundary of Lots 2 and 3, Block 1, Whitehawk Subdivision Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Hathaway Warehouse (H-2019-0118) by Hathaway D evelopment, L L C, L ocated at 2198 & 2262 E . F ranklin Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 11/25/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Way, Charlene Approved 11/25/2019 - 10:34 A M Meridian City Council Meeting Agenda December 3, 2019 – Page 53 of 135 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/3/2019 Hearing Type: Council Item Number: 9-E Project Name: Hathaway Warehouse VAC Project No.: H-2019-0118 Active: � Signature Name Address HOA Name HOA Represent For Neutral Against I Wish To Testify Sign In Date/Time Derritt Kerner 270 N. 27th St. 12/3/2019 X P.E. Boise 6:06:25 PM Kurt 3160 Chaparral 12/3/2019 X Hathaway drive 6:07:07 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=358 1/1 Page 1 HEARING DATE: 12/3/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0118 Hathaway LOCATION: 2198 & 2262 E. Franklin Rd. I. PROJECT DESCRIPTION Request to vacate the southern 10 feet of the 15-foot wide landscape and irrigation easement depicted on the plat along the northern boundary of Lots 2 and 3, Block 1, Whitehawk Subdivision (see Section V.A). II. SUMMARY OF REPORT A. Applicant/Owner: Kurth Hathaway, Hathaway Development, LLC – 1923 Castelli Dr., Idaho Falls, ID 83401 B. Representative: Derritt Kerner, Rock Solid Civil – 270 N. 27th St., Boise, ID 83702 III. STAFF ANALYSIS The 10-foot wide easement proposed to be vacated consists of a dedicated buffer for landscaping and irrigation (see Section V.C). The landscape buffer was required with the previous conditional use permit/planned development (CUP-03-066) under Meridian City Code (MCC) 12-13-12-2, which required a buffer to be provided on C-G zoned property when a buffer was not in existence on adjacent I-L zoned property; the current City Code (i.e. Unified Development Code) does not require such. There is no existing landscaping within the easement area proposed to be vacated. The portion of the irrigation easement proposed to be vacated does not contain any irrigation facilities as documented by a letter from Nampa-Meridian Irrigation District, the easement holder (see Section V.D). STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda December 3, 2019 – Page 54 of 135 Page 2 Vacation of the easement will allow a larger building footprint for the site enabling the Applicant to construct a 20,000 square foot flex space warehouse shell with an associated drive-aisle and parking on the subject property 5 feet from the northern property line (see Section V.B). IV. DECISION A. Staff: Staff recommends approval of the vacation of easement request as proposed by the Applicant. V. EXHIBITS A. Recorded Plat Meridian City Council Meeting Agenda December 3, 2019 – Page 55 of 135 Page 3 B. Site Plan Depicting Easement to be Vacated (date: 8/20/2019) Meridian City Council Meeting Agenda December 3, 2019 – Page 56 of 135 Page 4 C. Legal Description of Easement Proposed to be Vacated Meridian City Council Meeting Agenda December 3, 2019 – Page 57 of 135 Page 5 D. Relinquishment Letter from Irrigation Easement Holder (NMID) Meridian City Council Meeting Agenda December 3, 2019 – Page 58 of 135 C E IDIANIZDAHO ,? -- CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 9 F Item Title: Public Hearing for Waterwalk (H-2019-0111) By dbURBAN Communities, Generally located on the West Side of N. Eagle Rd., North of E. Franklin Rd. 1. Request for a Rezone of 6.03 acres of land from the I -L to the C -G zoning district. Meeting Notes: AAA I TEM SHEET C ouncil Agenda I tem - 9.F. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for Waterwalk (H-2019-0111) by dbURB AN C ommunities, Generally L ocated on the West S ide O f N. Eagle Rd., North of E . F r anklin 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 Commission Recommendations and S taf f R eport S taff Report 11/22/2019 P lanning and Zoning Meeting Minutes from 11/07/2019 B ackup Material 11/26/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 11/22/2019 - 10:48 A M Meridian City Council Meeting Agenda December 3, 2019 – Page 59 of 135 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/3/2019 Hearing Type: Council Item Number: 9-F Project Name: Waterwalk RZ Project No.: H-2019-0111 Active: Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=362 1/1 I Wish HOA HOA Sign In Signature Name Address For Neutral Against To Name Represent Date/Time Testify 12/2/2019 Brad Miller - Adler 10259 W. Emerald X 9:09:09AM Industrial Street, Suite 100 Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=362 1/1 Page 1 HEARING DATE: 12/3/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0111 Waterwalk LOCATION: West side of N. Eagle Rd., north of E. Franklin Rd., in the SE ¼ of Section 8, Township 3N., Range 1E I. PROJECT DESCRIPTION Rezone of 6.03 acres of land from the I-L to the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 5.18 acres (6.03 acres with adjacent right-of-way) Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Hotel/office Current Zoning I-L (Light Industrial) Proposed Zoning C-G (General Retail and Service Commercial) Lots (# and type; bldg/common) NA Amenities NA Physical Features (waterways, hazards, flood plain, hillside) Hillside/topography (the property slopes down from Franklin and Eagle Roads) Neighborhood meeting date; # of attendees: September 9, 2019; one (1) attendee History (previous approvals) ROS #3048; Annexation Ord. 754 (1997, Michael & Michelle Murasko); ROS #8999 (adjusted boundary of site for the dedication of N. Olson Ave.) Meridian City Council Meeting Agenda December 3, 2019 – Page 60 of 135 Page 2 B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) Yes Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) N. Olson Ave. (local street) Stub Street/Interconnectivity/Cross Access None existing Existing Road Network Existing Arterial Sidewalks / Buffers There is no existing sidewalk or buffers along N. Olson Ave. Wastewater Distance to Sewer Services 0 Sewer Shed Five Mile Trunkshed Estimated Project Sewer ERU’s See application information WRRF Declining Balance 13.75 Project Consistent with WW Master Plan/Facility Plan Yes Water Distance to Water Services 0 Pressure Zone Three Estimated Project Water ERU’s See application information Water Quality Concerns None Project Consistent with Water Master Plan Yes Impacts/Concerns None Meridian City Council Meeting Agenda December 3, 2019 – Page 61 of 135 Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Representative: dbURBAN Communities – 3070 E. Franklin Rd., Meridian, ID 83643 B. Owner: Adler AB Owner V, LLC – 10250 W. Emerald St., Boise, ID 83704-8960 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda December 3, 2019 – Page 62 of 135 Page 4 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published 10/18/2019 11/15/2019 Radius notification mailed to properties within 300 feet 10/15/2019 11/12/2019 Public hearing notice sign posted 10/24/2019 11/15/2019 Nextdoor posting 10/15/2019 11/12/2019 V. STAFF ANALYSIS The land proposed to be rezoned from the I-L (Light Industrial) to the C-G (General Retail and Service Commercial) zoning district is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Commercial; the proposed zoning is consistent with the FLUM designation. A legal description for the rezone area is included in Section VII.A, which includes additional land to the centerline of N. Olson Ave. and section line N. Eagle Rd./SH-55 respectively. The City may require a Development Agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure future development in the C-G district is appropriate for this site develops, staff recommends a DA as a provision of the rezone with the provisions included in Section VIII. Note: The adjacent C-G zoned properties to the south (Parcel #S1108449800 & S1108449316) are also under the same ownership as the subject property. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) The Commercial designation provides for a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. The proposed extended stay hotel will provide temporary housing options for new residents and short term visitors; offices may also be developed on the site. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Parking lot landscaping in accord with the standards listed in UDC 11-3B-8C will be required with development of the site. “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A landscaped 35-foot wide street buffer is required adjacent to Eagle Rd./SH-55, an entryway corridor, with development. “Consider needed sidewalk, pathway, landscaping, and lighting improvements with all land use decisions along SH-55.” (3.03.02Q) With development, a 10-foot wide multi-use pathway and pedestrian lighting will be required adjacent to Eagle Rd./SH-55 as set forth in UDC 11-3H-4C.3. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Access is proposed via N. Olsen Ave., a local street; no access is proposed via a collector or arterial street. Meridian City Council Meeting Agenda December 3, 2019 – Page 63 of 135 Page 5 “Implement the City’s Pathways Master Plan.” (5.03.01A) The Pathways Master Plan depicts a segment of the City’s multi-use pathway along the east boundary of this site adjacent to N. Eagle Rd. C. Proposed Use Analysis: The proposed hotel use is listed as a P/C (Principal/Conditional) use in UDC Table 11-2B-2 in the C-G zoning district subject to the specific use standards listed in UDC 11-4-3-23; certain accessory uses are allowed as noted. A conditional use permit is required for any hotel use that adjoins a residential district or an existing residence. There are no adjoining residential districts or uses on adjacent properties. Note: There is an existing residential structure on the adjacent property to the south under the same ownership at 3070 E. Franklin Rd. (Parcel #S1108449316); however, the property owner has informed Staff that the renter recently moved out and the property will no longer be used as a residence. In addition to a hotel, office (i.e. professional service) uses are also contemplated by the Applicant to develop on this site. Professional services as well as retail and restaurant uses are listed as principal permitted uses in the C-G district. Staff is amenable to any of these uses developing on this site; however, if any other uses are proposed, Staff recommends a new conceptual development plan is submitted and a modification to the DA is required. D. Site Plan: A conceptual site plan was submitted with the rezone application that depicts how the site to be rezoned may possibly develop with two (2) 4-story hotel buildings and associated parking; office uses are also contemplated which aren’t depicted on the plan. Because this layout is highly conceptual at this point and is anticipated to change in the future, Staff does not recommend it’s included in the Development Agreement. Detailed review of the site plan will take place with the CZC and DES applications; compliance with UDC and Fire Department standards is required. E. Existing Structures/Site Improvements: There are no existing structures or improvements on this site. F. Dimensional Standards (UDC 11-2): Future development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district. Parking lot design shall comply with the standards in UDC Table 11-3C-5. G. Access (UDC 11-3A-3, 11-3H-4): One (1) full access is depicted on the conceptual development plan via N. Olsen Ave., a local street; no access is proposed or approved via E. Franklin Rd. or N. Eagle Rd./SH-55. Eagle Rd. is planned to be widened in this section in ITD fiscal year 2022 (July 2021-June 2022); additional right-of-way should be dedicated to ITD if necessary for the widening. Cross-access easements should be granted to adjacent commercial properties as set forth in UDC 11-3A-3A.2. H. Parking (11-3C-6) A total of 222 off-street parking spaces are depicted on the concept plan for the proposed use; a minimum of one space for every 500 square feet of gross floor area is required to be provided. Based on two (2) buildings at approximately 60,825 square feet each for a total of 121,650+/- square feet, a minimum of 243 spaces are required. Additional parking will need to be provided if the site develops as proposed on the concept plan. The design of the parking area and drive-aisles will also be required to comply with Fire Department requirements. Meridian City Council Meeting Agenda December 3, 2019 – Page 64 of 135 Page 6 I. Pathways (UDC 11-3A-8): The Pathways Master Plan and UDC 11-3H-4C.3 requires a 10-foot wide multi-use pathway on or adjacent to this site along N. Eagle Rd./SH-55 with a public use easement; pedestrian lighting and landscaping is also required per the standards listed in UDC 11-3H-4C.3. Coordinate the details of the pathway with Kim Warren, Park’s Dept. (208-888-3579). Landscaping is required to be provided adjacent to all pathways as set forth in UDC 11-3B-12C. A continuous internal pedestrian walkway that is a minimum of 5-feet in width is required to be provided from the perimeter sidewalk to the main building entrance(s) and should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. J. Sidewalks (UDC 11-3A-17): Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A minimum 5-foot wide attached sidewalk is required along N. Olsen Ave.; and a detached sidewalk is required along N. Eagle Rd./SH-55. In lieu of the sidewalk along Eagle Rd./SH-55, a detached 10-foot wide multi-use pathway should be provided. K. Landscaping (UDC 11-3B): Landscaping is required to be provided with development of this site in accord with UDC standards as follows: A minimum 35-foot wide street buffer is required to be provided along N. Eagle Rd./SH-55, an entryway corridor; and a minimum 10-foot wide street buffer is required to be provided along N. Olsen Ave., a local street, landscaped in accord with the standards listed in UDC 11- 3B-7C. All street buffers are required to be maintained by the property owner or business owner’s association as set forth in UDC 11-3B-7C.2b. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. Landscaping is required to be provided adjacent to the multi-use pathway along Eagle Rd./SH-55 in accord with the standards listed in UDC 11-3B-12C. A landscape plan complying with the aforementioned standards shall be submitted with the CZC and DES applications. The Applicant should contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection for any existing trees that are proposed to be removed from the site; mitigation may be required for any existing healthy trees 4” caliper or greater that are removed from the site as set forth in UDC 11-3B-10C.5. L. Waterways (UDC 11-3A-6): There are no waterways on this site. M. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. If fencing is proposed, a detail shall be submitted with the CZC and DES application. N. Utilities (UDC 11-3A-21): Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances with development. All development is required to be connected to the City’s water and sewer systems, unless otherwise approved by the City Engineer. Meridian City Council Meeting Agenda December 3, 2019 – Page 65 of 135 Page 7 In each development, provision of underground pressurized irrigation water is required as set forth in UDC 11-3A-15. O. Building Elevations Conceptual building elevations were submitted with this application as shown in Section VII.C (note: the east/west and north/south depictions are incorrect). Two (2) 4-story hotel buildings are proposed with building materials consisting of a mix of textures of cement board siding and stone veneer. The final design is required to be comply with the design standards listed in the Architectural Standards Manual. Because the site layout is conceptual at this point and may require reconfiguration of the structures, Staff does not recommend future development is tied to these elevations in the Development Agreement. P. Certificate of Zoning Compliance (CZC) and Design Review (DES): If approved, the applicant will be required to submit a CZC and DES application to establish the proposed use and to ensure all site improvements comply with the provisions of the UDC and the provisions in this report prior to construction, in accord with UDC 11-5B-1. A detailed site and landscape plan and elevations for future structures shall be submitted in accord with the provisions in Section VIII that comply with the standards listed in UDC 11-3A-19 and the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the Applicant’s request for a rezone with the requirement of a Development Agreement containing the provisions in Section VIII.A. B. The Meridian Planning & Zoning Commission heard these items on November 7, 2019. At the public hearing, the Commission moved to recommend approval of the subject RZ request. 1. Summary of Commission public hearing: a. In favor: Dustin Holt b. In opposition: None c. Commenting: None d. Written testimony: Matt Munger, Applicant’s Representative (in agreement with Staff recommendation) e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. Agreement that commercial makes sense for this area rather than industrial. 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None Meridian City Council Meeting Agenda December 3, 2019 – Page 66 of 135 Page 8 VII. EXHIBITS A. Rezone Legal Description and Exhibit Map Meridian City Council Meeting Agenda December 3, 2019 – Page 67 of 135 Page 9 Meridian City Council Meeting Agenda December 3, 2019 – Page 68 of 135 Page 10 B. Conceptual Development Plan (NOT APPROVED) Meridian City Council Meeting Agenda December 3, 2019 – Page 69 of 135 Page 11 C. Conceptual Building Elevations (NOT APPROVED) Meridian City Council Meeting Agenda December 3, 2019 – Page 70 of 135 Page 12 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Rezone 1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to approval of the rezone ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall comply with the provisions contained herein. Office, hotel, retail and restaurant uses are allowed to develop on this site; any and all other uses shall require modification of this agreement and submittal of a conceptual development plan. b. Compliance with the specific use standards for hotel uses listed in UDC 11-4-3-23, Hotel or Motel, is required. The hotel use shall be consistent with the definition in Idaho Code §67- 4711. c. Direct access to N. Eagle Rd./SH-55 is prohibited; access shall be solely provided via N. Olsen Ave. in accord with UDC 11-3A-3. Cross-access easements shall be granted to adjacent commercial properties to the south as set forth in UDC 11-3A-3A.2. d. A 10-foot wide multi-use pathway is required on or adjacent to this site along N. Eagle Rd./SH-55 with pedestrian lighting and landscaping in accord with the standards listed in UDC 11-3H-4C.3 and 11-3B-12C. Coordinate the details of the pathway with Kim Warren, Park’s Dept. (208-888-3579). e. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway along N. Eagle Rd./SH-55 outside of any right-of-way for future planned expansion. f. A minimum 35-foot wide street buffer shall be provided with development along N. Eagle Rd./SH-55, an entryway corridor; and a 10-foot wide street buffer shall be provided with development along N. Olsen Ave., a local street, landscaped per the standards listed in UDC 11-3B-7C. g. All future development of the subject property shall comply with the City of Meridian ordinances in effect at the time of development. h. Right-of-way shall be dedicated to the Idaho Transportation Department as needed for the expansion of Eagle Rd./SH-55. i. A Certificate of Zoning Compliance and Administrative Design Review application is required to be submitted to the Planning Division for approval of the site design, building elevations and the use(s), prior to submittal of building permit applications. Development shall comply with the standards contained in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the design plans submitted to the City of Meridian. Street light plan requirements are listed in Section 6-7 of the City's Design Standards. Meridian City Council Meeting Agenda December 3, 2019 – Page 71 of 135 Page 13 2. General Conditions of Approval 2.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.3 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.4 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.5 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.6 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.8 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.9 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.10 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. C. PARK’S DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/178844/Page1.aspx D. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/178821/Page1.aspx E. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/178833/Page1.aspx Meridian City Council Meeting Agenda December 3, 2019 – Page 72 of 135 Page 14 F. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=178372&dbid=0 G. FINDINGS Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 2. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the proposed rezone to C-G and future development of the site with an office and/or hotel is consistent with the FLUM designation of Commercial for this site and the applicable provisions of the Comprehensive Plan (see Section V.B. for more information). 3. 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 the commercial districts in UDC 11-2B-1 and is in close proximity Eagle Rd./SH-55 and I-84. 4. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. The Commission recommends the Council consider any oral or written testimony that may be provided when determining this finding. 5. 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. 6. The annexation (as applicable) is in the best interest of city. This finding is not applicable as the subject application is for a rezone, not an annexation. Meridian City Council Meeting Agenda December 3, 2019 – Page 73 of 135 EIDIAN,?-- �J CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 9 G Item Title: Public Hearing for 840 E. Ustick Rd (H-2019-0098) By Scott Lamm. Located at 840 E. Ustick Rd. 1. Request for an Annexation and Zoning of 2.29 acres of land with an R-4 zoning district. Meeting Notes: WW I TEM SHEET C ouncil Agenda I tem - 9.G. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for 840 E. Ustick Rd. (H-2019-0098) by S cott L amm, L ocated at 840 E. Ustick Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Commission Recommendations and S taf f R eport S taff Report 11/22/2019 P lanning and Zoning Meeting Minutes from 11/07/2019 B ackup Material 11/26/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Weatherly, A drienne Approved 11/22/2019 - 10:38 A M Meridian City Council Meeting Agenda December 3, 2019 – Page 79 of 135 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/3/2019 Hearing Type: Council Item Number: 9-G Project Name: 840 E. Ustick Rd. AZ Project No.: H-2019-0098 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=361 1/1 Page 1 HEARING DATE: 12/3/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0098 840 E. Ustick Rd. LOCATION: 840 E. Ustick Rd., in the SW ¼ of Section 31, Township 4N., Range 1E I. PROJECT DESCRIPTION Annexation of 2.29 acres of land with an R-4 (Medium Low-Density) zoning district request. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 2.29 including right-of-way; 2.09, exclusive of right-of-way Future Land Use Designation Low Density Residential (LDR: 3 or fewer units/acre) Existing Land Use Rural residential/agricultural (one single-family home) Proposed Land Use(s) No change (continue existing use) Current Zoning RUT in Ada County Proposed Zoning R-4 Lots (# and type; bldg/common) NA Amenities NA Physical Features (waterways, hazards, flood plain, hillside) None known Neighborhood meeting date; # of attendees: 8/20/19; 4 attendees History (previous approvals) None Meridian City Council Meeting Agenda December 3, 2019 – Page 80 of 135 Page 2 B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) No Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Existing residential driveway to E. Ustick Rd. (arterial street); no change proposed Stub Street/Interconnectivity/Cross Access None existing Existing Road Network Ustick Road is built to its ultimate configuration: 5-travel lanes, bike lanes, curb, gutter and sidewalk. Existing Arterial Sidewalks / Buffers There is sidewalk but no street buffer along E. Ustick Rd. Wastewater Distance to Sewer Services 0 Sewer Shed Five Mile Trunkshed Estimated Project Sewer ERU’s See application info. WRRF Declining Balance 13.75 Project Consistent with WW Master Plan/Facility Plan Yes Water Distance to Water Services 0 Pressure Zone Three Estimated Project Water ERU’s See application info. Water Quality Concerns None Project Consistent with Water Master Plan Yes Impacts/Concerns None Meridian City Council Meeting Agenda December 3, 2019 – Page 81 of 135 Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Representative: Scott Lamm, Silver Maple Farms, LLC – 1217 E. Lone Creek Dr., ID 83616 B. Owner: Same as Applicant C. Contact: Same as Applicant Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda December 3, 2019 – Page 82 of 135 Page 4 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published 10/18/2019 11/12/2019 Radius notification mailed to properties within 300 feet 10/15/2019 11/12/2019 Public hearing notice sign posted 10/24/2019 11/18/2019 Nextdoor posting 10/15/2019 11/12/2019 V. STAFF ANALYSIS The land proposed to be annexed is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Low Density Residential (LDR). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single- family homes at gross densities of 3 dwelling units or less per acre. No development is proposed at this time; the existing single-family home on the property is proposed to remain. Annexation of the property into the City is requested due to the failure of the existing septic system and the need for connection to the City sanitary sewer system. The Applicant recently entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property (Inst. #2019-088366). This agreement allowed the property to hook up to City water and sanitary sewer service with disconnection from the private well and septic system. A provision of the agreement requires the property owner to apply for annexation of the property into the City. The Applicant requests an R-4 (Medium Low-Density Residential) zoning district for the subject property. The R-4 zoning district is consistent with the LDR designation for this site but could allow development to occur above 3 dwelling units per acre. Density is essentially dictated by the dimensional standards of the district (i.e. the minimum property size, resulting in how many lots can be developed on a property). The R-4 district requires a minimum property size of 8,000 square feet (s.f.). Because no development is proposed at this time, Staff recommends an R-2 (Low Density Residential) zoning district instead, which requires a minimum property size of 12,000 s.f., to ensure if/when the property redevelops in the future it’s consistent with the density envisioned for this area. With future redevelopment of the property, access via W. Ustick Rd. and access and interconnectivity with adjacent properties will be evaluated in accord with the provisions listed in UDC 11-3A-3; a detached sidewalk along Ustick Rd. may be required as set forth in UDC 11-3A- 17C; and a street buffer will be required along Ustick Rd. as set forth in UDC Table 11-2A-4 with landscaping per the standards listed in UDC 11-3B-7C. A legal description for the annexation area is included in Section VII.A. The City may require a Development Agreement (DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-6511A. Because no development is proposed at this time, Staff does not believe a DA is necessary if the property is zoned R-2 as recommended by Staff. However, if Commission/Council determines the requested R-4 zoning is appropriate, Staff recommends a DA is required to ensure future density is consistent with the LDR FLUM designation. In this case, the project should be continued to a subsequent hearing date to allow for Staff to prepare recommended DA provisions. Note: Meridian City Council Meeting Agenda December 3, 2019 – Page 83 of 135 Page 5 Staff discussed the R-2 zoning with the Applicant and the Applicant had no objection to the recommended zoning if a DA isn’t required. VI. DECISION A. Staff: Staff recommends approval of the Applicant’s request for annexation & zoning but instead of the requested R-4 zoning, Staff recommends an R-2 zoning district consistent with the LDR FLUM designation per the Findings in Section IX. If Commission/Council determines the requested R-4 zoning is appropriate, Staff recommends a DA is required to ensure future density is consistent with the LDR FLUM designation. In this case, the project should be continued to a subsequent hearing date to allow for Staff to prepare recommended DA provisions. B. The Meridian Planning & Zoning Commission heard these items on November 7, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ request with an R-2 rather than an R-4 zoning district. 1. Summary of Commission public hearing: a. In favor: Scott Lamm, Applicant b. In opposition: None c. Commenting: None d. Written testimony: Scott Lamm, Applicant (in agreement w/Staff recommendation); Alyssa & John Villanueva e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. R-2 vs. R-4 zoning. 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None Meridian City Council Meeting Agenda December 3, 2019 – Page 84 of 135 Page 6 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda December 3, 2019 – Page 85 of 135 Page 7 Meridian City Council Meeting Agenda December 3, 2019 – Page 86 of 135 Page 8 VIII. CITY/AGENCY COMMENTS A. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=177307&dbid=0 B. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=177882&dbid=0 IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds annexation of the subject site with an R-2 zoning designation is consistent with the Comprehensive Plan LDR FLUM designation for this property (see Section V for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that a map amendment to the R-2 zoning district is consistent with the purpose statement for the residential districts in UDC 11-2B-1 in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 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 should not be detrimental to the public health, safety, or welfare. The Commission recommends the 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. The Commission finds the proposed annexation is in the best interest of the City. Meridian City Council Meeting Agenda December 3, 2019 – Page 87 of 135 EIDIAN,*-- DAJ CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 9 H Item Title: Public Hearing Continued from November 12, 2019 for Silverstone Apartments (H-2019-0099) By Dale Evans Construction. Located at 4107 E. Overland Rd. 1. Request for a Modified Development Agreement for the purpose of removing the subject property from DA Instrument #2018- 012457 and DA Instrument #2018-012456 and be placed in a new, separate agreement. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.H. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from November 12, 2019 for S ilverstone Apartments (H-2019-0099) by Dave Evans Construction, L ocated at 4107 E . Overland Rd. C lick H ere for Application M aterials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/18/2019 A pplicant's Request f or Continuance Cover Memo 11/8/2019 S taff Memo 2019-12-02 Cover Memo 12/2/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/27/2019 - 2:27 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 92 of 135 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/3/2019 Hearing Type: Council Item Number: 9-H Project Name: Silverstone Apartments MDA Project No.: H-2019-0099 Active: � Signature HOA I Wish To Sign In Address HOA Name For Neutral Against Name Represent Testify Date/Time Harold 12/3/2019 2058 S Hills Movado X X Leslie 6:01:34 PM Beverly 4041 E Movado 12/3/2019 X Harrigfeld Goldstone Dr Greens 6:02:46 PM Michael 1869 S Tristram Movado at 12/3/2019 X X X Fletcher Lane Meridian 6:03:32 PM 4191E 12/3/2019 Mary Puccio Movado X Goldstone Dr 6:04:29 PM Clarence 4090 E Movado 12/3/2019 X X Orton LeCoultre St estates 6:05:11 PM 4191E 12/3/2019 Dave Keim Movado X Goldstone Dr 6:05:37 PM Kevin 4171 E divide 12/3/2019 Movado X X Johnson pass st 6:06:43 PM Hilarey 4171 e divide 12/3/2019 Movado X johnson pass st 6:07:14 PM Movado 12/3/2019 Dorothy koci 1568 s gedalio In X village 6:08:35 PM David 4291 E Movado 12/3/2019 X X Rognlie Blueberry Ln Village 6:09:59 PM http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=370 1/2 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Bruce 4055E 12/3/2019 Movado X Turner Goldstone Dr 6:10:00 PM Norma 4291E 12/3/2019 X Rognlie Blueberry Ln 6:11:19 PM Mark 4231 E. 12/3/2019 X Murdock Silverking Lane 6:11:34 PM Robert 2052 S Gedalio 12/3/2019 X Spryn Ln 6:12:35 PM Ralph 4316 e 12/3/2019 X gooding jr goldstone dr 6:12:45 PM 2703E 12/3/2019 Patty Pitzer X Wainwright Dr 6:14:09 PM Jo ann 4372 vacheron 12/3/2019 X X gormley St 6:15:06 PM Barbara 2052 S Gedalio 12/3/2019 X Spryn Ln 6:15:07 PM 12/3/2019 Tomgormley 6:17:11 PM Evelyn 4049 E Movado 12/3/2019 X Morgan Goldstone Dr Greens 6:17:28 PM Blake 4220 E 12/3/2019 X X Haggett Goldstone 6:18:13 PM 4299 E. 12/3/2019 Tamara Hall X Goldstone Dr. 6:26:58 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=370 2/2 Page 1 HEARING DATE: 10/22/2019 TO: Mayor and City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0099 Silverstone Apartments MDA LOCATION: 4107 E. Overland Rd., in the NW ¼ of the NE ¼ of Section 21, Township 3N., Range 1E. I. PROJECT DESCRIPTION The applicant has applied for a development agreement modification for the purpose of combining/removing property from the boundary of three (3) previous recorded development agreement (DA Instrument #2017-076698, 2017-024757 & Addendum Instrument #2018-12457) to create one development agreement that governs the Silverstone project. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant: Silverstone Apartments, LLC 7761 W. Riverside Dr., Suite 100 Boise, ID 83714 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 12.43 Current Zoning C-G Neighborhood meeting date; # of attendees: 8/15/2019; 9 attendees History (previous approvals) H-2016-0060 (AZ, CPAM, CUP); H-2017-0104 (RZ, PP, MDA, MCU); DA Instrument #2017-076698, 2017- 024757 & Addendum Instrument #2018-012457 Meridian City Council Meeting Agenda December 3, 2019 – Page 93 of 135 Page 2 B. Owner(s): Bienapel Family Limited Partnership (Owner of Phase 2 and 3) 2674 S. Andros Way Meridian, ID 83642 Silverstone Apartments, LLC (Owner/Developer of phase 1) 7761 W. Riverside Dr., Suite 100 Boise, ID 83714 C. Representative: Dave Evans Construction 7761 W. Riverside Dr., Suite 100 Boise, ID 83714 IV. NOTICING City Council Posting Date Newspaper Notification 10/4/2019 Radius notification mailed to properties within 300 feet 10/1/2019 Public hearing notice sign posted 10/10/2019 Nextdoor posting 10/1/2019 Meridian City Council Meeting Agenda December 3, 2019 – Page 94 of 135 Page 3 V. STAFF ANALYSIS The applicant has applied for a development agreement modification (MDA) to the existing development agreements and addendums for the subject 12.43 acre property (Exhibit A). Because the project is proposed to develop in three (3) phases (phase 1 has commenced), three separate legal descriptions have been provided for each phase. However, the entire project is proposed to be subject to one DA that governs the entire development. Other items include modifying and add new DA provisions and incorporating a new concept plan and building elevations. Removing the properties from the three (3) previous agreements will assist staff with administering development of the subject properties and their respective phases. This is the third requested modification to the DA for the Silverstone Apartments. The original approval in 2016 encompassed 14.41 acres, including the western portion of the subject property and a portion of what is now the Movado Greens Subdivision. This original DA (inst. # 2017-076698) had provisions for a maximum of 312 multi-family dwelling units. In 2017, this original DA was amended to reduce the number of multi-family units to 112 and develop the southern portion of the original site as single-family homes as part of the Movado Greens Subdivision and incorporate a commercial buildings on the remainder of the C-G portion of the property (addendum inst. No. 2017- 024757 and 2018-012457). In previous approvals, staff has been supportive of higher density residential. The Comprehensive Plan FLUM designation for this property is Mixed-Use Regional, which also encompasses the large commercial developments to the west of this site. These employment and commercial centers support the current proposal for high density residential on this site. With this application, the applicant is requesting Council approval of a new concept plan, which expands the multi-family development from 112 units to 204 units, depicts a 12,000 square foot commercial building and associated parking and 10 townhomes (Exhibit D). Building elevations submitted with the application are consistent with those currently under construction with the first phase. NOTE: Townhomes are not allowed in the C-G district. Conceptually, staff supports the residential diversity throughout the development, however, before the property can be developed with townhomes, the applicant must rezone and subdivide the property. Further, the applicant request the following modifications to the language of Addendum Instrument Number 2018-012457: Meridian City Council Meeting Agenda December 3, 2019 – Page 95 of 135 Page 4 The additional units are proposed to be part of phase 2, located in a 4.38 acre area previously approved for commercial uses. With the additional units, the applicant is proposing to add fitness facilities to the clubhouse, a pool, dog walk, and an additional 50’ x 100’ open lawn area. The proposed concept plan shows a total of 377 parking stalls for the multi-family development for both phases. This is two stalls less than the 379 required by code (375 for the multi-family and 4 for the 1,834 square foot clubhouse). To alleviate parking concerns and increase open space, staff recommends that the 24-plex “Building J” shown on the proposed site plan be replaced with a three-story 12-plex. The northern half of the footprint should be revised to show an open lawn area with landscaping along the eastern edge. The plans for phase two shall also be revised to show the full 25’ wide landscape buffer to the residential uses to the south (including Lot 14, Block 1 of Movado Greens No. 1) or request a waiver from the buffer width requirements as allowed in UDC 11-3B-9. Staff recommends that the buffer be comprised of trees that touch at the time of maturity and that this requirement not be waived. According to Table 11-2B-2, the proposed multi-family use is a conditional use in the C-G zoning. The applicant has submitted a Conditional Use Modification application (H-2019-0104) with the City to modify the existing conditional use permit approved for the site in 2016 (H-2017-0104). All applicable code requirements for this development shall be analyzed through that process and any changes that result shall be incorporated in a revised site plan, landscape plan, and elevations. The proposed multi-family townhome development in the southeast corner of the subject properties will also be required to obtain a Conditional Use permit per the table referenced above. Staff recommends the applicant be granted flexibility to revise their layout of this area (townhomes) to meet the requirements of the multi- family conditional use approval. Staff has reviewed the terms of the three (3) previous development agreements to determine which provisions may still apply and if any new provisions should be included into the combined agreement. Below are staff’s recommended DA provisions: a) Future development of the site shall generally comply with the site plan, landscape plan, and architectural elevations included in Section VII, Exhibits D, E, & F of the staff report dated 10/22/2019 and the conditions contained therein. b) The submitted site and landscape plan, included in Section VII, Exhibits D & E of the staff report dated 10/22/2019 shall be revised to replace “Building J” with a three-story 12-plex to be located on the southern end of the current buildings footprint. The northern half of the footprint shall be revised to show an open lawn area with landscaping along the eastern edge. c) The plans for phase two shall be revised to show the full 25’ wide landscape buffer to the residential uses to the south (including Lot 14, Block 1 of Movado Greens No. 1) or request a waiver from the buffer width requirements as allowed under UDC 11-3B-9. The buffer shall be Meridian City Council Meeting Agenda December 3, 2019 – Page 96 of 135 Page 5 comprised of trees that touch at the time of maturity, this requirement shall not be eligible to be waived. d) A maximum 192 multi-family residential dwelling units shall be constructed within this development. The townhomes depicted on the concept plan shall not commence until the applicant rezones and subdivides the property. e) Site amenities shall be provided as follows: 1) clubhouse with fitness facility, 2) children’s play structure, 3) sports court, 4) pool, 5) dog walk, and 6) two open grassy areas, in accord with the standards of UDC 11-4-3-27D. f) All commercial lots and multi-family developments are subject to certificate of zoning compliance (CZC) and design review prior to the issuance of building permits. g) All multi-family developments shall obtain conditional use approval prior to submitting for CZC and design review approval per Table 11-2B-2. h) The applicant shall have the ability to obtain multi-family building permits with phase 2 prior to recording the final plat. VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VIII. Meridian City Council Meeting Agenda December 3, 2019 – Page 97 of 135 Page 6 VII. EXHIBITS A. Legal Description of Properties to be Included under Development Agreement Phase 2 and 3 DA No(s). 2017-076698, 2017-024757 Meridian City Council Meeting Agenda December 3, 2019 – Page 98 of 135 Page 7 Meridian City Council Meeting Agenda December 3, 2019 – Page 99 of 135 Page 8 Meridian City Council Meeting Agenda December 3, 2019 – Page 100 of 135 Page 9 Meridian City Council Meeting Agenda December 3, 2019 – Page 101 of 135 Page 10 Meridian City Council Meeting Agenda December 3, 2019 – Page 102 of 135 Page 11 Meridian City Council Meeting Agenda December 3, 2019 – Page 103 of 135 Page 12 Phase 1 DA No. 2018-012457 Meridian City Council Meeting Agenda December 3, 2019 – Page 104 of 135 Page 13 Meridian City Council Meeting Agenda December 3, 2019 – Page 105 of 135 Page 14 B. Previously Approved Site Plan from Original DA Inst. No. 2017-076698 Meridian City Council Meeting Agenda December 3, 2019 – Page 106 of 135 Page 15 C. Current Site and Landscape Plan from DA Addendum Inst. No. 2018-012457 Meridian City Council Meeting Agenda December 3, 2019 – Page 107 of 135 Page 16 D. Proposed Site Plan (dated: 06/28/2019) Remove residential building and replace with open space Meridian City Council Meeting Agenda December 3, 2019 – Page 108 of 135 Page 17 E. Proposed Landscape Plan (dated: 08/28/2019) Remove residential building and replace with open space Meridian City Council Meeting Agenda December 3, 2019 – Page 109 of 135 Page 18 F. Multi-Family Elevations (dated: 11/09/2019) Meridian City Council Meeting Agenda December 3, 2019 – Page 110 of 135 Page 19 Meridian City Council Meeting Agenda December 3, 2019 – Page 111 of 135 Page 20 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 the site shall generally comply with the site plan, landscape plan, and architectural elevations included in Section VII, Exhibits D, E, & F of the staff report dated 10/22/2019 and the conditions contained therein. 2. The submitted site and landscape plan, included in Section VII, Exhibits D & E of the staff report dated 10/22/2019 shall be revised as follows: i. Replace “Building J” with a three-story 12-plex to be located on the southern end of the current buildings footprint. The northern half of the footprint shall be revised to show an open lawn area with landscaping along the eastern edge. ii. The plans for phase two shall be revised to show the full 25’ wide landscape buffer to the residential uses to the south (including Lot 14, Block 1 of Movado Greens No. 1) or request a waiver from the buffer width requirements as allowed under UDC 11-3B-9. The buffer shall be comprised of trees that touch at the time of maturity, this requirement shall not be eligible to be waived. 5.2. A maximum 192 multi-family residential dwelling units shall be constructed within this development. The townhome portion of the development depicted on the concept plan shall not commence until the applicant rezones and subdivides the property. 5.3. Site amenities shall be provided as follows: 1) clubhouse with fitness facility, 2) children’s play structure, 3) sports court, 4) pool, 5) dog walk, and 6) two open grassy areas, in accord with the standards of UDC 11-4-3-27D. 5.4. All commercial lots and multi-family developments are subject to certificate of zoning compliance (CZC) and design review prior to the issuance of building permits. 5.5. All multi-family developments shall obtain conditional use approval prior to submitting for CZC and design review approval per Table 11-2B-2. 5.6. The applicant shall have the ability to obtain multi-family building permits with phase 2 prior to recording the final plat. Meridian City Council Meeting Agenda December 3, 2019 – Page 112 of 135 1 Chris Johnson From:Bill Parsons Sent:Friday, November 8, 2019 2:14 PM To:Chris Johnson; Adrienne Weatherly Cc:Caleb Hood; Bill Nary Subject:FW: H-2019-0099 Silverstone Apartments MDA - Request for Continuance Chris, Attached is the applicant’s request and reasons for continuance of the Silverstone Apartment MDA application. Thanks, Bill Parsons, AICP | Planning Supervisor City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0571 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. From: Robert Powell <RobertP@devansconstruction.com> Sent: Friday, November 08, 2019 1:54 PM To: Bill Parsons <bparsons@meridiancity.org> Cc: Mysti Stelluto <MystiS@devansconstruction.com>; Jeffrey Hall <jeffrey@nwcommadv.com>; 'luke@idahorealestatecenter.com' <luke@idahorealestatecenter.com> Subject: H-2019-0099 Silverstone Apartments MDA - Request for Continuance Bill, please regard this as an official request for a continuance of the item we have scheduled to be heard before City Council on November 12 th . We are requesting it to be heard on the 3 rd of December instead. Our reasons for this include: 1. Additional time is needed to respond to late comments and a recommendation from ACHD to adjust the access along Movado Way. 2. Additional time is needed to share information and meet with concerned neighbors. 3. Additional time is needed to get traffic analysis/information related to a potential traffic signal at the Movado Way/Overland Road intersection. I understand council’s interest in keeping neighbors informed of the change, especially after our request for a continuance at the last hearing. We have mailed out information to residents within 300’ of the project, as well as the HOA, stating our intentions to continue. We have also discussed the matter with Jeffrey Hall who is in contact with several other concerned neighbors. He recommended the date of December 3 rd vs. November 26 th anticipating possible conflicts the week of Thanksgiving. Please let me know if you need anything else. Meridian City Council Meeting Agenda December 3, 2019 – Page 113 of 135 2 Regards, ROB POWELL | Architect DAVE EVANS CONSTRUCTION 7761 W. Riverside Dr. Suite 100 Boise, ID 83714 office: (208) 639.4619 cell: (208) 830.6576 fax: (208) 853.1220 NOTE: All information contained in this email and /or attachments is confidential. The recipient of this information shall not copy, use, or modify this information without the prior written authorization of Dave Evans Construction. Email transmission cannot be guaranteed to be secure or error-free, and Dave Evans Construction accepts no liability for any damage caused by any nature of virus transmitted by this email . Meridian City Council Meeting Agenda December 3, 2019 – Page 114 of 135 December 2, 2019 MEMORANDUM TO: Mayor and City Council CC: City Clerk, Bill Nary FROM: Bill Parsons, Planning Supervisor RE: Silverstone Apartment MDA (H-2019-0099) December 3 rd , City Council Meeting (Continued from October 22, and November 12, 2019) On October 22, and November 12, 2019, the City Council granted the applicant’s request to continue this project so they could address both staff, ACHD and neighborhood concerns regarding density, open space, parking and traffic. Revisions to the original plans have been submitted to the City for review. Specifically, the two (2) plans reflect modifications as follows: 1. The removal of an apartment building lowering the unit count from 204 to 196. The loss of the units has a resulted in a net increase of three (3) parking stalls above the minimum code requirement (367 stalls are required and 370 stalls are proposed); 2. A 50’ X 100’ lawn area and larger dog park in the southeast corner; 3. The tot lot was relocated next to the sports court; 4. An additional 50’ x 100’ lawn area was placed between Buildings B and D; 5. The access to S. Movado Way was relocated farther to the south to reduce conflicts at the intersection and improve intersection LOS if ACHD determines a future signal is warranted at the Overland and Movado intersection. NOTE: The applicant is preparing documentation for ACHD to review to determine if a signal is warranted. The only difference between option A and B is the location of Building K and the associated parking for the building. In reviewing the both options, staff prefers option A as it orients the building towards the intersection and places the required parking for the units away from the street. Staff is supportive of the proposed changes. However, the revisions have necessitated several modifications to the staff report as follows: 1. DA provision 5.1(2) i and ii should be removed from the DA provisions as these are no longer applicable; and 2. DA provision 5.2 – The maximum number of dwelling units allowed to be constructed within the development should increase from 192 to 196 units. Meridian City Council Meeting Agenda December 3, 2019 – Page 115 of 135 Si l v e r s t o n e A p a r t m e n t s Me r i d i a n C i t y C o u n c i l De c e m b e r 3 , 2 0 1 9 Si l v e r s t o n e A p a r t m e n t s Th a n k Y o u Pr o j e c t S i t e EIDIAN*,---- 0 I DAH CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 9 I Item Title: Legal Department and Clerk's Department: Discussion Regarding Timeline for Alcohol Sales License Renewals Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.I . Presenter: Estimated Time f or P resentation: Title of I tem - L egal Department and C lerk's Office: D iscussion Regarding T imeline for Alcohol Sales License Renewals C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 11/27/2019 - 2:30 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 116 of 135 EIDA IDIANIZn-- HO CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 10 A Item Title: Ordinance 19-1863: An Ordinance Amending Meridian City Code Section 4-2-1, Regarding Definitions; Adding A New Section, Meridian City Code Section 4-2-2(C), Regarding Maintenance Of Public Trees On Public Rights Of Way Adjacent To Private Property; Amending Meridian City Code Section 4- 2-3(D), Regarding Abatement Of Nuisance Trees; Repealing Title 13, Chapter 1, Meridian City Code, The Meridian Forestry Ordinance; Adding A New Section, Meridian City Code Section 13-2-11, Regarding Establishment And Duties Of The City Arborist Meeting Notes: V o -Il e d �C I TEM SHEET C ouncil Agenda I tem - 10.A. Presenter: Estimated Time f or P resentation: Title of I tem - Ordinance 19-1863: An Ordinance Amending M eridian C ity C ode S ection 4-2-1, Regarding D efinitions; Adding A New Section, M eridian C ity Code S ection 4-2-2(C), Regarding M aintenance Of P ublic T rees On P ublic Rights Of Way Adjacent To P rivate Property; Amending M eridian City Code Section 4-2-3(D), Regarding Abatement Of Nuisance T rees; Repealing T itle 13, C hapter 1, M eridian C ity Code, T he M eridian F orestry Ordinance; Adding A New S ection, M eridian C ity C ode S ection 13-2-11, Regarding Establishment And D uties Of T he City Arborist C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 11/18/2019 RE V I E WE RS : Department Reviewer Action D ate P olice J ohnson, Chris Approved 11/18/2019 - 2:05 P M P olice S cott, Tamara Approved 11/18/2019 - 2:17 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 117 of 135 NUISANCE TREE AND CITY ARBORIST ORDINANCE PAGE 1 CITY OF MERIDIAN ORDINANCE NO. 19-1863 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 4-2-1, REGARDING DEFINITIONS; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 4-2- 2(C), REGARDING MAINTENANCE OF PUBLIC TREES ON PUBLIC RIGHTS OF WAY ADJACENT TO PRIVATE PROPERTY; AMENDING MERIDIAN CITY CODE SECTION 4-2-3(D), REGARDING ABATEMENT OF NUISANCE TREES; REPEALING TITLE 13, CHAPTER 1, MERIDIAN CITY CODE, THE MERIDIAN FORESTRY ORDINANCE; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 13-2-11, REGARDING ESTABLISHMENT AND DUTIES OF THE CITY ARBORIST; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, officers of the Meridian Police Department, Code Enforcement Division, are charged with investigating and notifying responsible parties of their responsibility to abate nuisances within the City of Meridian; and WHEREAS, nuisance trees are appropriately addressed by Code Enforcement, with the expert advice and input of the City Arborist; and WHEREAS, the City Arborist is appropriately charged with: ensuring that the City continues to realize the benefits provided by the community forest, including qualifying as a Tree City USA as outlined by the National Arbor Day Foundation; preserving and enhancing the City’s environmental, economic and social character with trees; providing information regarding tree health as may be necessary to protect the public safety, health and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 4-2-1 shall be amended as follows: 4-2-1: DEFINITIONS: GRAFFITI: Any inscription, work, figure, symbol, drawing, mark, or design that is marked, etched, scratched, drawn, or painted on any real or personal property or improvement, including, but not limited to, walls, fences, gates, pavement, buildings, rocks, trees, bridges, streets, sidewalks, and/or signs, whether such property is public, private, temporary, or permanent, without the consent of the owner of such property or the owner's authorized agent, and which inscription, work, figure, symbol, drawing, mark, or design is visible from any publicly accessible location. JUNK VEHICLE: Any vehicle, or parts thereof, which: A. Cannot be safely operated under its own power; Meridian City Council Meeting Agenda December 3, 2019 – Page 118 of 135 NUISANCE TREE AND CITY ARBORIST ORDINANCE PAGE 2 B. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers, or adequate fenders; C. Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or D. Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition. This definition shall not include junk vehicles lawfully stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise. NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the free passage, comfortable enjoyment, or customary use of public or private property; or creates an actual or potential safety, health, or fire hazard. Nuisances shall include, but shall not be limited to, the following conditions designated as abatable nuisances and as general nuisances: Abatable Nuisance: Nuisance conditions that may be abated by the City in accordance with the provisions of this chapter, specifically including, without limitation, the following nuisance conditions: A. Nuisance weeds. B. Graffiti, on any surface. C. Snow or ice on any public sidewalk abutting or adjoining any privately owned premises. D. Vegetation, other than trees, that impedes or obstructs a public sidewalk or roadway. E. Nuisance trees. General Nuisance: Nuisance conditions that may lead to criminal charges without any prior attempt by the City to obtain abatement thereof, specifically including, without limitation, the following nuisance conditions: A. Nuisance materials on the ground, except that this definition shall not include the incidental leakage of nuisance materials from registered vehicles lawfully moving or parked upon a public right-of-way; the lawful application of pesticides or herbicides for purposes of controlling pests or weeds; or activity otherwise specifically allowed by law or by written permit issued by the City or other governing authority. B. Personal property on any portion of a public sidewalk, except as specifically allowed by law or by written permit issued by the City or other governing authority. C. One or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to title 11 of this Code. D. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition. E. Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition. F. Discarded matter which has no substantial market value, is exposed to the elements, and is not enclosed in any structure or otherwise concealed from public view, including, but not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal property. G. The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises. Meridian City Council Meeting Agenda December 3, 2019 – Page 119 of 135 NUISANCE TREE AND CITY ARBORIST ORDINANCE PAGE 3 H. Any building or structure that is so dilapidated or is in such condition as to menace the public health or the safety of persons or property due to increased fire hazard or other hazard. I. Any nuisance condition not otherwise enumerated in this chapter. NUISANCE MATERIALS: Hazardous, noxious, dangerous, or offensive materials, including, but not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides. NUISANCE TREE: Any tree or part thereof which, by reason of location or condition: constitutes a hazard to public safety; obstructs the free passage of pedestrian or vehicular traffic; fails to provide a vertical clearance of eight feet (8’) over a sidewalk or fourteen feet (14’) over a street; obstructs public street lighting; harbors pests or disease. NUISANCE WEEDS: Undesirable plant growth, whether living or dead, which: A. Is over eight inches (8") in height; B. By reason of size, manner of growth, location, or dryness, constitutes a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property; C. By reason of size, manner of growth, or location, impedes or obstructs a sidewalk or roadway or any portion thereof; or D. Is designated as a noxious weed by the State of Idaho. This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate. PUBLIC TREE: Any tree, including roots within the critical root zone, whose trunk is located, partly or in whole, on public property. TREE: Any woody plant. Section 2. That a new section, Meridian City Code section 4-2-2(C), shall be added, to read as follows: C. Private property owners shall be responsible for maintaining any and all public trees upon public rights of way adjacent to such private property. Where a public tree is a nuisance tree, the owner of record of the adjacent private property, as reflected on the most recent assessment roll, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. It shall be unlawful for any person to damage, mutilate or destroy any public tree; attach any device or structure to a public tree; or store, spill or dump substances, whether liquid or solid, which may be harmful to any part of a public tree. Section 3. That Meridian City Code section 4-2-3(D) shall be amended as follows: D. Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any abatable nuisance exists, to abate such nuisance within five (5) calendar days from the date of personal service, mailing, or publication, except that the Code Enforcement Officer may require summary abatement of an abatable nuisance Meridian City Council Meeting Agenda December 3, 2019 – Page 120 of 135 NUISANCE TREE AND CITY ARBORIST ORDINANCE PAGE 4 where such condition presents an imminent or ongoing threat to or impairment of human health or safety. 1. Abatement of graffiti shall meet the following standards: a.1. The removal of such graffiti shall not follow the pattern of the graffiti such that the inscription, work, figure, symbol, drawing, mark, or design of such graffiti remains apparent. b.2. The removal of such graffiti by painting over it shall be reasonably similar or identical to the original color of the surface upon which such graffiti was applied. c.3. If the surface is heavily covered with graffiti, the entire surface shall be repainted. 2. Abatement of a nuisance tree shall include tree removal, pruning, and/or removal of branches, debris, roots, stump, and/or soil, at the direction of the Code Enforcement Officer. Section 4. That Title 13, Chapter 1, Meridian City Code, shall be repealed. Section 5. That a new section, Meridian City Code section 13-2-11, shall be added, to read as follows: 13-2-11: ESTABLISHMENT AND DUTIES OF THE CITY ARBORIST: A. Designation. The Director of the Parks And Recreation Department shall designate a staff member as the City Arborist, and shall authorize such person to perform the duties imposed by and exercise the powers granted by this section. B. Duties. The City Arborist, subject and in addition to the provisions of this chapter and available resources, is hereby authorized to carry out the following duties: 1. Develop, administer and maintain a community forestry management plan and budget. 2. Establish and maintain an inventory of public trees. 3. Establish policies to carry out the provisions of this chapter. 4. Establish and maintain specifications for tree planting on public property. 5. Provide information and advice to citizens and City employees, including Code Enforcement Officers, regarding the health and condition of trees and maintenance necessary to protect the public health, safety and welfare. 6. Manage and regulate the planting, maintenance, protection, removal, and replacement of all public trees within city limits. Section 6. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 7. 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 December, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of December, 2019. Meridian City Council Meeting Agenda December 3, 2019 – Page 121 of 135 NUISANCE TREE AND CITY ARBORIST ORDINANCE PAGE 5 APPROVED: ATTEST: ______________________________ ______________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1863 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. 19-1863 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 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An ordinance amending Meridian City Code section 4-2-1, regarding definitions; adding a new section, Meridian City Code section 4-2-2(C), regarding maintenance of public trees on public rights of way adjacent to private property; amending Meridian City Code section 4-2-3(D), regarding abatement of nuisance trees; repealing Title 13, Chapter 1, Meridian City Code, the meridian forestry ordinance; adding a new section, Meridian City Code section 13-2-11, regarding establishment and duties of the city arborist; adopting a savings clause; and providing an effective date. ____________________________________ 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: _________________ Meridian City Council Meeting Agenda December 3, 2019 – Page 122 of 135 EIDIAN+-- � J CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 10 B Item Title: Ordinance 19-1856: An Ordinance Adding Meridian City Code Section 6-2-8(D), Regarding Dogs Off Leash in a Public Place; Adopting a Savings Clause; and Providing an Effective Date Meeting Notes: Fifs� ",11,17 se �,,j ?P-� 0'1 12- -10 _1 g I TEM SHEET C ouncil Agenda I tem - 10.B. Presenter: Bill Nary Estimated Time f or P resentation: 1 minute Title of I tem - Ordinance No. 19-1856: An Ordinance Adding M eridian C ity C ode S ection 6-2- 8(D), Regarding D ogs Off L eash in a Public Place; Adopting a S avings Clause; and Providing an Effective Date C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 11/21/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 11/21/2019 - 4:48 P M L egal.B aird, Ted Approved 11/21/2019 - 6:18 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 123 of 135 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/3/2019 Hearing Type: Council Item Number: 9-13 Project Name: Ordinance Amending Meridian Code Regarding Fine Amounts Related to Off -Leash Dogs Project No.: Ordinance 19-1856 Active: Signature Name Address HOA Name HOA Represent For Neutral Against I Wish To Testify Sign In Date/Time Mike 2629 W Fieldstone 12/1/2019 X Arnold Parkstone Dr Meadows 9:08:21 PM John 2605 W. 12/3/2019 Haven Cove X X Padden Leonard St. 5:46:32 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=379 1/1 ORDINANCE AMENDING SECTION 6-2-8(D) PAGE 1 CITY OF MERIDIAN ORDINANCE NO. 19-1856 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 6-2-8(D), REGARDING DOGS OFF LEASH IN A PUBLIC PLACE; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the health, safety, and welfare of the people of the Meridian to provide for increased penalties for dogs off leash in a public place; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 6-2-8(D) shall be amended as follows: D. Dog At Large In Public Place: Except as otherwise allowed by law, it shall be unlawful for any dog owner to allow or cause any dog owned by such person to be or remain in any public place, unless such dog is controlled by a leash not exceeding six feet (6') in length. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00) one hundred dollars ($100.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00) two hundred dollars ($200.00). A person's third violation of this subsection shall constitute an infraction punishable by a fine of one hundred dollars ($100.00) three hundred dollars ($300.00). The animal control officer may seize and impound any dog found in violation of this subsection. 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 ____________, 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 December 3, 2019 – Page 124 of 135 ORDINANCE AMENDING SECTION 6-2-8(D) PAGE 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1856 An ordinance adding Meridian City Code section 6-2-8(D), regarding dogs off leash in a public place; 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. 19-1856 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. 19-1856 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 December 3, 2019 – Page 125 of 135 EIDIAN,*-- �J CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 10 C Item Title: Ordinance 19-1862: An Ordinance Amending Meridian City Code Section 7-2-2(B), Regarding Prohibited Parking; Amending Meridian City Code Section 7- 2-5(A)(3), Regarding Parking On Public Streets Other Than Alleys; Adding A New Section, Meridian City Code Section 1-2-1(C), Regarding Failure To Pay Infraction Fine Meeting Notes: M I TEM SHEET C ouncil Agenda I tem - 10.C. Presenter: Estimated Time f or P resentation: Title of I tem - Ordinance 19-1862: An Ordinance Amending M eridian C ity C ode S ection 7-2- 2(B), Regarding Prohibited P arking; Amending M eridian C ity Code S ection 7-2-5(A)(3), Regarding Parking On P ublic S treets Other T han Alleys; Adding A New S ection, M eridian C ity C ode S ection 1-2-1(C), Regarding F ailure To P ay Infraction F ine C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 11/18/2019 RE V I E WE RS : Department Reviewer Action D ate P olice J ohnson, Chris Approved 11/18/2019 - 2:05 P M P olice S cott, Tamara Approved 11/18/2019 - 2:16 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 126 of 135 12/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 12/3/2019 Hearing Type: Council Item Number: 9-C Project Name: An Ordinance Regarding Prohibited Parking Project No.: Ordinance 19-1852 Active: Signature HOA I Wish To Sign In Address HOA Name For Neutral Against Name Represent Testify Date/Time Renee 1435 E Tuttle Saguaro 12/1/2019 X X X Hanson St Springs 11:07:13 AM Tyler 3907 W Bridgetower 12/1/2019 X ramos Ravenna St West 2:23:28 PM Mike 2629 W Fieldstone 12/1/2019 X Arnold Parkstone Dr Meadows 9:05:12 PM John 2605 W. 12/3/2019 Haven Cove X X Padden Leonard St. 5:47:38 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=380 1/1 PARKING CODE UPDATES PAGE 1 CITY OF MERIDIAN ORDINANCE NO. 19-1862 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 7-2-2(B), REGARDING PROHIBITED PARKING; AMENDING MERIDIAN CITY CODE SECTION 7-2-5(A)(3), REGARDING PARKING ON PUBLIC STREETS OTHER THAN ALLEYS; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 1-2-1(C), REGARDING FAILURE TO PAY INFRACTION FINE; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the public interest of the City of Meridian would be best served by the following amendments to the City parking codes; and WHEREAS, the City Council of the City of Meridian finds that the following ordinance is necessary to protect the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 7-2-2(B) shall be amended as follows: B. Stand or park a vehicle, unless driver occupied, except momentarily to pick up or discharge a passenger or passengers: 1. In front of a public or private driveway. 2. Within fifteen feet (15’) of a fire hydrant. 3. Within twenty feet (20’) of a crosswalk or a bike/pedestrian curb ramp, except at an intersection where a traffic control signal is in operation. 4. Within thirty feet (30’) upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway. 5. Within twenty feet (20’) of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy five feet (75’) of said entrance when properly signposted. 6. At any place where official traffic control devices posted at the direction or under the authority of the city or Ada County highway district prohibit such stopping. 7. In any portion of more than one (1) designated parking space. Section 2. That Meridian City Code section 7-2-5(A)(3) shall be amended as follows: A. Parking On Public Streets: No person shall park or place, or cause to be parked or placed, upon any public street, regardless of whether attended or unattended: * * * 3. For any length of time, except as otherwise allowed in this section: Meridian City Council Meeting Agenda December 3, 2019 – Page 127 of 135 a. Any vehicle, either motorized or nonmotorized, having a GVVJR greater than twelve thousand (12,000) pounds, unless such vehicle is a motor home or recreational vehicle, in which case the provisions of subsection Alb of this section shall apply. b. Any pole trailer or semitrailer. c. Any vehicle designed or used primarily as farm or construction equipment. d. Any vehicle without license plates. e. Any vehicle without current registration. f AU vehicle displaying license plates that are fictitious or assigned to any other vehicle. Section 3. That a new section, Meridian City Code section 1-2-1(C), shall be added, to read as follows: C. Failure to pay infraction fine. It shall be unlawful for any person to fail to pay the fine assessed upon conviction of a violation of Meridian City Code where such violation is designated as an infraction. The failure to pay a fine for an infraction penalty assessed pursuant to Meridian City Code shall be a misdemeanor. Section 4. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 5. That this ordinance shall be effective immediately upon its passage and publication. �d PASSED by the City Council of the City of Meridian, Idaho, this 7J' day of December, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 0 day of December 2019. ATTEST: PARKING CODE UPDATES PAGE 2 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1862 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. 19-1862 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 PX , 2019. t'w � t vs, - William L.M. Nary, City Attorney NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1862 An ordinance amending Meridian City Code section 7-2-2(B), regarding prohibited parking; amending Meridian City Code section 7-2-5(A)(3), regarding parking on public streets other than alleys; adding a new section, Meridian City Code section 1-2-1(C), regarding failure to pay infraction fine; adopting a savings clause; and providing an effective date. �Go First Reading: /Z--3-00/1 fi�4Cityof Adopted after first reading by suspension of n L;IA7",1-- the rule as allowed pursuant to Idaho Code Ci i 'an IUaH•1 § 50-902: YES NO Mayor an 'an Counci ` F SEAL Second Reading: By: Chris ohnson, City ' Third Reading: u )h /Le T—L PARKING CODE UPDATES PAGE 3 EIDIAN,! -- �J CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 10 D Item Title: Ordinance 19-1865: An Ordinance (H-2019-0066 — Millbrae Subdivision) For Annexation Of A Parcel Of Land Located In The SE 1/4 Of The SE % Of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 38.15 Acres Of Land From RUT To R-8 (Medium Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Meeting Notes: U I TEM SHEET C ouncil Agenda I tem - 10.D. Presenter: Chris J ohnson Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1865: An Ordinance (H-2019-0066 – M illbrae S ubdivision) For Annexation Of A P arcel Of L and L ocated In T he S E ¼ Of T he S E ¼ O f S ection 4, Township 3 North, Range 1 West, Boise M eridian, Ada County, Idaho, As Described In Attachment “A” And Annexing C ertain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To T he Corporate L imits Of T he C ity Of M eridian As Requested By T he C ity Of M eridian; E stablishing And Determining T he L and Use Zoning Classification Of 38.15 Acres Of L and From RUT To R-8 (M edium Density Residential) Zoning D istrict In T he M eridian City Code; P roviding T hat C opies Of T his Ordinance Shall Be F iled With T he Ada C ounty Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax C ommission, As Required B y Law; And Providing F or A Summary Of T he Ordinance; And P roviding F or A Waiver Of T he Reading Rules; And P roviding An E ffective Date Millbrae Annexation Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Millbrae Subdivision Ordinance Ordinance 11/26/2019 Millbrae Exhibit A E xhibit 11/26/2019 Millbrae Exhibit B E xhibit 11/26/2019 Millbrae Summary Ordinance 11/26/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.Weatherly, A drienne Approved 11/26/2019 - 3:53 P M L egal.Weatherly, A drienne Approved 11/26/2019 - 2:22 P M Meridian City Council Meeting Agenda December 3, 2019 – Page 130 of 135 ADA COUNTY RECORDER Phil McGrane 2019-121613 BOISE IDAHO Pgs=3 LISA BATT 12/04/2019 01:16 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 19-1865 BY THE CITY COUNCIL: BERNT, GORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2019-0066 — MILLBRAE SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE SE/40F THE SE/40F SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISH- ING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 38.15 ACRES OF LAND FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Corey Barton. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-& (Medium Density Residential) zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION ORDINANCE — MILLBRAE SUBDIVISION (112019-0066) Page 1 of 2 Meridian City Council Meeting Agenda December 3, 2019 — Page 131 of 135 SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of pepg bay- , 2019 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ZJrd day of bejUn(LbLr- , 2019. ATTEST: C C S J HNSON, CITY CLERK STATE OF IDAHO, ss: MAYOR TAMMY de WEERD County of Ada ) I�r� On this 3 day of DWeMbQr , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0'ha&MWq*' NOTARY PUBLIC FOR I Ft:O RESIDINGAT:"��,I C[Yi, Sb CHARLENE WAY MY COMMISSION EXPIRES:32$ COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 ANNEXATION ORDINANCE — MILLBRAE SUBDIVISION (H 2019-0066) Page 2 of 2 EXHIBIT A Millbrae Subdivision H-2019-0066 Page 1 Annexation and Zoning Legal Description Meridian City Council Meeting Agenda December 3, 2019 – Page 133 of 135 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0. 19- I No E) PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a parcel of land located in the SE'/4 of the SE'/4 Section 4, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 9.84 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on thea - day of IQ�(`�yrlpp�' , 2019. Mayor andInson, y Council By: Chris City Clerk First Reading: ' I 2' –3 – /I Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES. NO Second Reading: —-k- Third Reading: �Q 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- J S 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 7� dd day of r , 2019. v"Iff z William. L.M. Nary City Attorney ORDINANCE SUMMARY —MILLBRAE SUBDIVISION (H-2019-0066) E IDIAN?�-- CITY COUNCIL REGULAR MEETING AGENDA December 3, 2019 Agenda Item Number: 11 Item Title: Future Meeting Topics Meeting Notes: