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2020-01-07 Regular
C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity C ouncil C hamber s 33 E ast Broadway Avenue M er idian, I daho Tuesday, J anuar y 7, 2020 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. C ommunity I nvocation by L arry Woodar d of Ten M ile C hristian C hur ch 4. Adoption of Agenda - Adopted 5. Announcements 6. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Si gni ng up pri or to the start of the meeti ng is required. This time i s reserved for the public to address their el ected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/devel opment application. By law, no decisi ons can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussi on or action. The Mayor may also direct staff to further assist you in resolvi ng the matter following the meeti ng. 7. Action Items - O ld B usiness A. P ublic Hearing C ontinued from D ecember 3, 2019 for Silver stone Apar tments (H-2019-0099) by D ave E vans C onstr uction, Located at 4107 E . O ver land Rd. – Accepted Withdraw of Application 1. R equest: Modified Development A greement for the purpose of removing the subject property f rom D A I nstrument #2018-012457 and D A I nstrument # 2018-012456 and be plac ed in a new, separate agreement. B. Items M oved from J anuar y 7, 2020 Wor k S ession Agenda 8. S wearing in of Newly E lected O fficials A. S wear in C ity Councilmember S eat 1 E lizabeth S tr ader B. S wear in C ity Councilmember S eat 3 B r ad Hoaglun C. S wear in C ity Councilmember S eat 5 J essica P erreault D. S wear in M ayor Robert E . S imison 9. Roll-C all Attendance (6:43 pm) X L iz S trader X J oe Borton X B rad Hoaglun X Treg B ernt X J essica P erreault X L uke Cavener X Mayor Robert E. S imis on 10. Action Items - New B usiness Public Heari ngs for Land Use Applications follow this process: Once the Public Heari ng is opened, City staff will present thei r report. F ollowing the report, the applicant is allowed up to 15 minutes to present their applicati on. Members of the public are allowed up to 3 mi nutes each to address council regarding the applicati on. If a person is representing a l arge group such as a Homeowner's Associati on, indicated by a show of hands, they may be allowed up to 10 minutes. Following all public testimony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. The Ci ty Council may move to continue the item for additional informati on or vote to approve or deny the item with or without changes as presented. The Mayor i s not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a ti e vote. A. P ublic Hearing for Ten M ile and M cM illan (H-2019-0126) by Nor thwest D evelopment Company, L ocated off the Northeast Corner of N. Ten M ile Rd. and W. M c M illan Rd. - Approved 1. R equest: Modif ied Development A greement to remove the subject 14.36-acre property from the boundary of the existing agreement (Verona C ommercial, I nst. #108059800) f or the purpose of entering into a new agreement consistent with the proposed development plan. B. P ublic Hearing for C astlecr eek S ubdivision (H-2019-0130) by Nor thwest Ventures, LLC, L ocated at 2432 E. Amity Rd. - Approved 1. R eque s t: C ity C ouncil R eview f or the purpose of extending the expired plat to allow a 6-month extension to obtain the C ity E ngineer ’s signature on the f inal plat. C. P olice D epar tment: Internet C rimes Against C hildren M emorandum of Understanding 2020 - Approved D. City C ouncil: E lection of New C ity C ouncil O fficer s and D epar tment L iaison Appointments Council President: Treg Bernt Council Vice President: Brad Hoaglun Liaison Appointments will be on Resolution on January 14, 2020 11. O rdinances A. Ordinance No. 20-1868: An O rdinance (H-2019-0099 – Inglewood P lace S ubdivision) F or Annexation Of A Parcel Of Land S ituated In T he S W ¼ of the S W ¼ Of S ection 21, Township 3 North, Range 1 E ast, B oise M eridian, Ada C ounty, Idaho, As Described In Attachment “A” And Annexing C ertain L ands And Territory, S ituated In Ada County, Idaho, And Adjacent And C ontiguous To T he Corpor ate Limits O f T he City Of M eridian As Requested B y T he City O f M eridian; E stablishing And D etermining T he L and Use Zoning Classification of 10.29 Acres Of L and F rom RUT To C-C (C ommercial B usiness) (3.761) And R-15 (M edium-High D ensity Residential) (6.532 Acr es) Zoning Districts In T he M eridian C ity C ode; P roviding T hat Copies Of T his Ordinance S hall B e Filed 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 P roviding For A S ummary O f T he Ordinance; And Providing F or A Waiver Of T he Reading Rules; And P r oviding An E ffective Date. - Approved B. Ordinance No. 20-1869: An O rdinance (H-2019-0098 – 840 E . Ustick Road) F or Annexation of a P arcel of L and B eing A P ortion Of T he S W ¼ of the S E ¼ O f S ection 31, Township 4 Nor th, Range 1 E ast, Boise M eridian, Ada County, Idaho, As D escribed In Attachment “A” And Annexing C ertain L ands And Territory, Situated In Ada C ounty, Idaho, And Adjacent And Contiguous To T he C orpor ate Limits O f T he C ity Of M eridian As Requested B y T he C ity Of M eridian; E stablishing And D etermining T he L and Use Zoning C lassification Of 2.29 Acres Of L and From RUT to R-2 (L ow D ensity Residential) Zoning District In T he M eridian C ity C ode; P roviding T hat Copies Of T his Ordinance S hall B e Filed With T he Ada C ounty Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax C ommission, As Required By L aw; And Providing For A S ummary O f T he Ordinance; And P roviding F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate - Approved C. Ordinance No. 20-1870: An O rdinance Amending M eridian City Code As C odified At T itle 11, To Amend T he M aximum S treet L ength For D ead-E nd S treets (C ul-De-S acs); And Providing For A Waiver Of T he Reading Rules; And P r oviding An E ffective Date. - Approved 12. F utur e M eeting Topics Meeting Adjourned at 8:10 pm Meridian City Council January 7, 2020. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, January 7, 2020, 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, Caleb Hood, Cameron Arial, Kyle Radek, Jamie Leslie, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Okay. Well, thank you for joining us. It's -- it's a day to be celebrated. We appreciate families and friends being here for our newly electeds and -- and old friends. I see some of our city employees and a lot of familiar faces in the audience. So, thank you for joining us this evening. For the record it is Tuesday, January 7th. It's a few minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Invocation by Larry Woodard of Ten Mile Christian Church De Weerd: Contrary to a recent post, there is a right way to do the Pledge of Allegiance and it's the way they do it in elementary school. Okay. Item 3 is our community invocation. Tonight we will be led by Larry Woodard. He is with Ten Mile Christian Church. Larry, as always, we appreciate you being here. I invite you all to join us in the community invocation or take this as an opportunity for a moment of reflection. Woodard: Well, I have been doing this now for over ten years and it's a pleasure to be here tonight. I wanted to recognize all the new people, but they are still sitting out here, so -- everybody knows who they are. I pray for your husband now that you're home all the time. Meridian City Council Meeting Agenda January 21, 2020 – Page 29 of 246 Meridian City Council January 7, 2020 Page 2 of 39 De Weerd: You know, Larry, I think that's why he will still be at work. But thank you for your prayers. They are always welcome. Woodard: Well, let's pray. Our Dear Heavenly Father, one thing that has made this Meridian special for the past few years has been our recognition that you have watched over our city as -- as it has grown in such a rapid manner. We have watched this rapid change and have always looked to you and this Council as the guiding forces behind such change. I pray that you will guide our new Mayor and the City Council as further changes occur. Based on news reports, more businesses and apartments are coming this next year at a rate that we could not imagine. Keep our city safe as all this road construction and building occurs. Be with our police force as they enforce new laws, especially the prohibition of driving with a phone in one hand and a steering wheel -- wheel in the other. Road construction this year will be a challenge as we widen Meridian Road, Chinden Road, Ten Mile Road. We have moved from being a laid back residential community to a growing bedroom community overnight. We are expanding schools and this next year handle this growth and may our children be safe as they go to school. Lastly, I just ask that you bless this Council and the men and women who are going off of it and the men and women who are coming on as new members. They are going to tackle some tough issues this next few months and we pray that you would watch over them and guide them, in Jesus' name, amen. Item 4: Adoption of Agenda De Weerd: Thank you, Larry. Okay. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we adopt the agenda as published. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Announcements De Weerd: Item 5 is announcements. Any news for the record? Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum ) De Weerd: Okay. Item 6, future meeting topics. Mr. Clerk. Meridian City Council Meeting Agenda January 21, 2020 – Page 30 of 246 Meridian City Council January 7, 2020 Page 3 of 39 Johnson: Madam Mayor, there were no sign-ins. Item 7: Action Items - Old Business A. Public Hearing Continued from December 3, 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: Thank you. Item 7 under Action Items, old business. Item 7-A is a public hearing continued from December 3rd for H-2019-0099. The application has been withdrawn. It was withdrawn on December 5th. Council, I will need a motion to accept this withdrawal. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we accept the withdrawal of the application H-2019-0099. Bernt: Second. Cavener: Second. De Weerd: I have a motion and a second to approve the withdrawal of the application on 7-A and I will ask Mr. Clerk to 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. Items Moved from January 7, 2020 Work Session Agenda De Weerd: There were no items moved from our work session. Item 8: Swearing in of Newly Elected Officials A. Swear in City Councilmember Seat 1 Elizabeth Strader Meridian City Council Meeting Agenda January 21, 2020 – Page 31 of 246 Meridian City Council January 7, 2020 Page 4 of 39 De Weerd: So, we will move into the swearing in ceremonies and what I will do is I will take it by each of the City Council seats and, then, the Mayor. I will ask the outgoing elected official if they have any comments and, then, I will ask the candidate that is being sworn in to come join me at the podium, bring what they would like to use to be sworn in on and family members they would like to accompany them and at that point when they take their seat we will ask that they give remarks. Thank any special guests that they have in the audience and after that concludes they will start their new business. So, I'm going to go down to the podium, Council, and we will ask Mrs. Little Roberts if she has any remarks that she wants to -- to say as I move. Little Roberts: Thank you, Madam Mayor. After the gracious time we had last -- last month prior to the end of the year, I feel like I have kind of have had my opportunity, but just would like to say thank you again for those of us -- to those that I have had an opportunity to serve and to work with. It has truly been an honor each and every one of you that I have gotten to know and not only work with, but to feel like you are my friend and those friendships will carry on. Meridian's got the best citizens and the best employees anywhere you could ask and I look forward to watching the new Mayor and Council continue with the wonderful path of people that we have. De Weerd: Thank you, Mrs. Little Roberts. So, Item 8-A is the swearing in for City Council Member Seat 1, Elizabeth Strader. If Elizabeth and her family will come forward. Okay. If you will raise your right hand. Okay. I, state your name, do solemnly swear that I will support the Constitution of the United States and the Constitution of the state of Idaho and that I will faithfully discharge the duties as City Council Member of the City of Meridian according to the best of my ability. (Repeated by Elizabeth Strader.) De Weerd: Congratulations. Liz, do you want to make a statement? Strader: Yes. Thank you. Thank you, everyone who is here. The gravity and the specialness of this day are very heavy for me and very meaningful. I would just like to thank all of the voters who participated in our process. I would love to thank Anne Little Roberts, who I think has been a fantastic city councilwoman and I hope to continue her good work that she's done. And, then, finally, I just -- I would like to thank the volunteers that helped and also my family. The campaign process was not easy and each member of my family personally helped so much and I would like to give a special thank you to my sister Emilie Schossow. Sorry. My sister is such an inspiration to me and -- and she's the reason that I got this idea in the first place and she was by my side the whole way. And, then, finally, I also want to thank Jessica Perreault. We ran a lot of our campaign together and in the process not only did I find a colleague, but I found a friend. So, I just want to thank everyone, especially Mayor Tammy and the Members of Council who have been so wonderful during the process. Thank you. B. Swear in City Councilmember Seat 3 Brad Hoaglun Meridian City Council Meeting Agenda January 21, 2020 – Page 32 of 246 Meridian City Council January 7, 2020 Page 5 of 39 De Weerd: Item 8-B is the swearing in of City Council Member Seat 3, but before I do that I will ask Mr. Palmer if he has any remarks. Palmer: Sure. I can't look at my family. Already gone. There is a scripture that says we have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority as they suppose they will immediately begin to exercise unrighteous dominion and from the moment I was sworn in I walked into every city council meeting and every budget hearing and especially every meeting I ever have with a constituent and -- with that verse in mind ringing in my ears, determined not to fall into the almost all men that's referenced in that verse and I will walk out that door tonight with my family knowing that there is not one moment of my service here for which they should be ashamed and here in a moment it's their -- their opinion will be the only one left that matters to me and I look forward to spending much more time with them now. De Weerd: So, I will ask City Council Member Seat 3, Brad Hoaglun to please come join me at the podium. If you will raise your right hand. I, state your name, do solemnly swear that I will support the Constitution of the United States and the Constitution of the state of Idaho and that I will faithfully discharge the duties of City Council Member of the City of Meridian according to the best of my ability. (Repeated by Brad Hoaglun.) De Weerd: Congratulations. You know, as Brad makes his way up there, I was -- had the privilege of appointing Brad Hoaglun to a City Council seat over a decade ago. So, it's great to have him back. Hoaglun: Thank you, Mayor Tammy. I just have a few thank yous for -- for some folks. I just want to -- of course thank my family. You know, when you decide to run for office, you know, the first person you better consult is your spouse, because it impacts them and Chandos, my wife, was more than willing to say, yes, go off and do this again and this is not my first rodeo at it and -- and my folks Stan and Sandy are here. Of course they have always supported me kind of and had instilled in me that sense of community service. So, I thank them for that. But I do have to say when I was thinking this summer I heard about some changes coming on City Council, so my folks just live a mile away, went up there and I said, hey, mom, I'm thinking about running for City Council and she goes you need to have your head examined. True story. But I said, mom, mom, you know, I have been on City Council before, I know what I'm getting into. That's why you need to have your head examined. So, you know, I don't give up easily. So, I -- finally, I said, well, you will vote for me; right? I will think about it. True story. But, you know, it's because of those values they instilled in me that I wanted to run. You also saw my son Tyler and his wife Jennifer and my three grandkids and -- you know. And that really factored into the reason for running, because they live in Meridian. My son grew up in Meridian. It's a great place. This is where I grew up and it's a great community. It has changed tremendously. But at the same time there are great things about this community and that's what we want to keep, we want to keep that sense of community no matter our size and that's why I thought, you know, I need to go on and do the best of my ability that I can Meridian City Council Meeting Agenda January 21, 2020 – Page 33 of 246 Meridian City Council January 7, 2020 Page 6 of 39 to make sure that they have a great place to live and -- and -- and I know at the same time that it is a sacrifice and Ty mentioned it, you know, spending more time with family and Anne and Genesis, that -- you do give up part of that when you come here, but it's -- it's -- it's worth the sacrifice and I appreciate your work on this and I know the three people remaining on Council do a lot for this community and really put in the time for that. I also have to thank -- because this is my second rodeo -- David Zaremba is here, a former council member. Charlie Rountree I served with. I don't know if Charlie made it tonight. And, of course, Keith Bird, who we lost last year, was very helpful to me and it was a different time. There was four of us and the Mayor and she got to ride herd over the four of us and I think we had a good time with that, but it was a good learning experience for me and the head turning experience for me, however, though, is at that time when I -- when I served before I was the youngest member of Council and now it turned out now I'm the oldest member of City Council. Now, things -- some -- some things. But I also want to thank -- as I point out their -- their help to me, the ability to do this also extends my thanks to Mission Aviation Fellowship in Nampa, my employer. I have been there for a year now and to take time -- every one of us that are up here serving and have served, you have to take time away from your primary job and there has to be that flexibility and willingness to work with you on that and I want to thank them for wanting to meet -- wanting me to be involved with my community and that is what they are about is that service to begin with, so they -- they do what they say and I do appreciate that. It's also something that I want to thank, believe it or not, the city employees, because looking -- coming back to here wouldn't have been so much fun if you work with people that don't like what they do, but these people like what they do and they are very good at it. We have great city employees that help the citizens recognize that. They are dedicated, they are professional, and they have a great culture of service, their commitment to -- to the citizens is -- is second to none and -- and, of course, I have to go back and credit Mayor Tammy with that, 16 years at the helm, that's a wonderful time and -- I do have one other story to tell and it's -- it's how I got on Council and it's rather embarrassing, because someone came to me I knew -- they didn't know the Mayor and there was a vacancy for City Council and they said, Brad, you know the Mayor and -- and I had worked with her in her first campaign back in 2003 and helped in some others, but they said, you know, I don't know her, she won't know me, but you know her, could you put in a good word for me, at least, you know, make sure she looks at my -- my background and I said, yeah, I would be happy to do that. They were -- they were -- they were a good person and, you know, had some good qualities, didn't have experience, but I will do that. Well, as Tammy does from time to time, you know, she will show up at various churches and whatnot and I happened to be an usher greeter at our church and it just so happened when I had that conversation that week she showed up Sunday morning. So, I -- oh, Mayor Tammy, great to have you here and, hey, by the way, I have something to tell you. This -- this person is putting in for this vacancy and you ought to take a look at them. I personally know them. I can vouch for them. They are -- they are a good person and they might have the qualifications you are looking for. She goes, oh, that's very good, Brad. And, then, she looked at me and she kind of cocked her head and said what about you and that kind of hit me. I was ready to throw out, well, you know, my kids -- my son and my daughter, they are very involved in school, played three sports and our daughter had just left for college that fall and so it wasn't like, well, I can't say volleyball, basketball, and track anymore or, Meridian City Council Meeting Agenda January 21, 2020 – Page 34 of 246 Meridian City Council January 7, 2020 Page 7 of 39 you know, the sports she was involved in. I went, huh, well, let me think about it. So, I have to blame you, Mayor Tammy. This is all your fault. But there was something I found where I was going through some papers from that 2003 campaign and I thought this is very apropos. You had said we can continue to grow by chance or by choice. I don't know if you remember that, but that was -- that was something you were campaigning on and, of course, when I came on Council it was a very different time. It was a very difficult time in coming in in '08 and '09 and the recession. But even today the dynamics have changed and this Council has changed and the Mayor has changed, but we -- we do have a choice. We can continue to grow by chance or by choice and I look forward to all of us working together to grow by choice and how we look as a community and I'm excited about that. So, I look forward to it. Thank you. C. Swear in City Councilmember Seat 5 Jessica Perreault De Weerd: And just add to Brad's story, I had already cleared it with his pastor, with his wife and so he just didn't know it. Okay. Item 8-C is the swearing in of City Council Member Seat 5 and before we ask Jessica Perreault to come join us up front I will ask Council Member Milam for any parting remarks she might have. Milam: Thank you, Madam Mayor. Well, I would like to first thank all of you for coming out from my special day. It means a lot to me. The last six years have been incredible. I have made some wonderful friends and we have -- I think we have done some amazing things for our community. The friendships, the relationships, the employees, that's a hard part for me to leave. So, today is a sad day. And I want to tell just you guys -- and I want to thank the new people for stepping up to run, all you new electeds and to be here and give of your time. Remember to keep it funny as I cry, which is ironic, and along with tot lots, that's -- that's about it. Just thank you -- thank you all for your love, all the employees of the city how -- how much you really love the place that you work and it shows and it shines through everything that you do and it's been my pleasure and I hope to see all of you guys around. I will be back. De Weerd: Okay. Well, Jessica, please, come and join us after her hug. Okay. Raise your right hand. I, state your name, do solemnly swear that I will support the Constitution of the United States and the Constitution of the state of Idaho and that I will faithfully discharge the duties of City Council Member of the City of Meridian according to the best of my ability. (Repeated by Jessica Perreault.) De Weerd: Congratulations. Perreault: Good evening, everyone. So, I would like to echo my new fellow Council Members and say thank you very much to the staff who we have gotten to know over the last couple of months and how incredibly impressed I am with their commitment, dedication, and attitude as they come in every day and faithfully serve our city. It's been amazing. I have gotten to know some of them through my service on Planning and Meridian City Council Meeting Agenda January 21, 2020 – Page 35 of 246 Meridian City Council January 7, 2020 Page 8 of 39 Zoning, but I just had no idea how awesome you all are and I'm excited to serve with you. I want to say thank you as well to the many people who supported me through the decision to run for Council. That was a very long decision. It took me about a year to decide. Genesis faithfully -- faithfully encouraged me on a regular basis to -- to run for her seat and as did the Mayor. Every time I would see her she encouraged me and I just appreciate the -- and I just can't even believe the phenomenal amount of support that I have received to be up here and friends -- several good friends here this evening all over the audience, thank you so much for coming and being here. And I also want to say hello on camera to my son, who is in Florida serving in the Marine Corps. He can't be here tonight. And also to Craig, who is out visiting his -- his daughter this week. So, unfortunately, I don't have close family here, but my friends are family and so thank you all for being here. D. Swear in Mayor Robert E. Simison De Weerd: Maybe this one is hard. So, our next item is to swear in our new Mayor and I will just take a moment to thank the staff. You are my family and I know I keep saying this -- I didn't run again because I wanted to spend more time with my family. Now, that's my other family. Would like to thank my husband. Okay. You have an emotional Mayor. I'm not going to change. There was a reason why they started to introduce my family at my State of the City, instead of me, because I would always cry when I talked about family. I was -- appreciated Mr. Palmer and him choking up about family as well, because family is what our community is about. It was a purposeful vision that we said 16 years ago to focus on family, focus on youth, to focus on re-engaging our faith community and to focus on bringing -- bringing family wage jobs, so that our community was full service and we could live or can raise their family right here in Meridian and, folks, we did it and we did it by working together and many of those faces are in this room and maybe some of them are tuning in online, but that's what a community does when they work together. So, my heartfelt thanks to our community. It's been certainly an honor to serve the City of Meridian and be able to be on a journey as we have seen our city grow up and I'm excited for the future. I'm excited for our newly elected officials that have shown such great passion for our community and such grit and determination that is going to be needed as we enter this next chapter, this new decade for Meridian. So, I hope that everyone in this audience, when you are here supporting your loved one, continue. They are going to need your support, because being a public official is not always easy and especially those that have young families. To the spouses and supporting network, they are going to need you and so I challenge you to stay involved and to be involved in our community, because we will have -- we have some amazing things coming up, but we have also some challenges that we need a community working together to -- to right. So, with that I am excited to ask the new Mayor to come forward, Robert Simison and his family, so we can swear him in. If you will raise your right hand. I, state your name, do solemnly swear that I will support the Constitution of the United States and the Constitution of the state of Idaho and that I will faithfully discharge the duties of Mayor of the City of Meridian, according to the best of my ability so help me God. (Repeated by Robert Simison.) Meridian City Council Meeting Agenda January 21, 2020 – Page 36 of 246 Meridian City Council January 7, 2020 Page 9 of 39 De Weerd: Congratulations. Simison: Well, it's -- people have been asking me for two months if I'm excited or if I'm nervous. Right now yes. But what I heard people talk about this evening was -- a lot of is about family and the role that they play not only in the lives and the decisions that we make, but in the -- it's really about the community that we are. You know, that was the reason why after many conversations with Mayor Tammy I made the decision to run was to keep this community focused on our families and the people that were here tonight don't often get a chance to come down here to City Hall from my family. My wife and children, they definitely have -- have been here, but we also have my -- my in laws who live three doors down who are basically co-raising our children. Couldn't do this without you. So, you know -- you know that. I don't say it enough. But their sacrifice allows me to be sitting here and doing this job and -- for the next four years at least. To my mom and my stepdad, thank you for all the work ethic that you instilled in me over the years, for being here supporting me. My decisions, going to college, going off to DC, you know, coming back being there and being part of that and I had a -- had a long lost uncle and my cousin who I have been able to reacquaint with over the last couple years being back in the area, that's what makes this area so special and this community so special is the role and the focus the family plays and, finally, to my sister, you -- you have been a second mom to me. Thank you. I couldn't have done this without you all my life. So, with that I'm going to try not to cry anymore. I didn't think I would be that emotional. I keep telling everyone I'm not emotional, but apparently I am when it comes to these things. To the room, I -- they are my support network to raise my family to allow me to be here and do this. Looking out across the room, I wouldn't be here if it wasn't for all you who gave so much of your time and your energy and you picked up the phone, you showed up and you helped out throughout this process. You know, this was about a community that wanted to continue the direction that we have been on and I couldn't have been here without you. Brad already mentioned it, but the -- the shoulders that we sit up here on from -- from my perspective, being someone in the community for the last dozen years -- Keith Bird, who wish he was here. I know his -- his wife Marge was hoping to be here, but she wasn't able to make it. And David and Charlie. And -- and as was mentioned that we have -- Brad and Joe were kind of right there when I first started. You know, that -- that was the group, along with Mayor Tammy, where I think I really learned most of what I believed in in terms of how we should be working and moving this community forward. So, I would like to think that I -- I learned from a dream team, the greats that have tried to instill how we want to both have decorum here, but how we want to work together and move the community forward. I'm excited to work with this group. I have known them -- several of them in several different ways for most of my time here. A few new ones that I have got the chance, the opportunity. I think the community is going to be very impressed with the group that we have and the work that we will set out to do to improve our community. So, with that I'm just going to say thank you for being here. We have a meeting that we have to do, but there is cake and some -- some punch out there for anybody that would like it. All I ask is that you save my son Ryan at piece, because if he doesn't get some cake I'm going to hear it and he's got to go to wrestling here in a few minutes. So, maybe he can make the door to it. So, with that I will say thank you and I'm Meridian City Council Meeting Agenda January 21, 2020 – Page 37 of 246 Meridian City Council January 7, 2020 Page 10 of 39 going to call a -- just a five minute recess while we let people maneuver throughout the room. So, I don't have a gavel, but -- (Recess: 6:43 p.m. to 6:53 p.m.) Item 9: Roll-Call Attendance (6:43 pm) __X__ Liz Strader __X__ Joe Borton __X__ Brad Hoaglun __X__ Treg Bernt __X__ Jessica Perreault __X__ Luke Cavener __X__ Mayor Robert E. Simison Simison: All right. Bring us back in. For the record it is 6:53 and we will begin with roll call attendance. Mr. Clerk. Item 10: Action Items - New Business A. Public Hearing for Ten Mile and McMillan (H-2019-0126) by Northwest Development Company, Located off the Northeast Corner of N. Ten Mile Rd. and W. McMillan Rd. 1. Request: Modified Development Agreement to remove the subject 14.36-acre property from the boundary of the existing agreement Verona Commercial, Inst. #108059800) for the purpose of entering into a new agreement consistent with the proposed development plan. Simison: All right. Our first item under new business, Item 10-A is a public hearing for Ten Mile-McMillan, H-2019-0126. Open this public hearing with staff comments. Hood: Thank you -- thank you, Mr. Mayor, Members of the Council. You will have to bear with me a little bit, I have been used to saying Madam Mayor for the last 16 years, so it might take -- it might slip out every once in a while. So, Mayor, a little biscuit, you will have to give me a little bit of grace there if that's -- I slip up every once in a while. Mr. Mayor, Members of Council, the first agenda item for you this year is a modification to a development agreement on 14.36 acres of land, zoned C-G, that's our general retail and commercial zone. It's located on the northeast corner of Ten Mile Road and West McMillan Road. The applicant is requesting a new development agreement to replace an existing DA for the Verona commercial project. You can see on the screen there is a parcel of that original Verona project that is not part of the subject application, right on the corner of Ten Mile and McMillan, but everything that's highlighted on the screen is -- is part of the subject modification to the development agreement. A conceptual development plan was submitted, including a senior living multi-family development and, then, commercial uses on the remaining pad sites. So, again, you can see on the right- hand side of your screen that senior living multi-family with the conceptual plan and the remaining commercial pad sites, again, right on the corner is not a part of the application Meridian City Council Meeting Agenda January 21, 2020 – Page 38 of 246 Meridian City Council January 7, 2020 Page 11 of 39 tonight. Conceptual building elevations were submitted with the application for the multi- family development. However, a CUP is required. The current development agreement prohibits what they are proposing there, the senior living multi-family, so this action if approved by you would open the door for them to apply and go through the conditional use permit process to get detailed approval potentially for a senior living multi-family project, similar to the one you see on the screen, but it does not guarantee that or vest them with that approval. So, there are the conceptual elevations and renderings, but, again, these would go through that public hearing process with the Planning and Zoning Commission for further review and approval. This just allows that as a potential use in this development agreement. A cross-access, cross-parking easement agreement is also required. So, that's a condition of the new development agreement in the staff report, so that all lots can share that spine collector road Milano, Cortana, and, then, additionally, the access points to Ten Mile that were provided and McMillan that were provided by ACHD previously, so that all those lots can have connectivity, kind of shown on that exhibit on the left. We do have written testimony from the applicant's representative that they are in agreement with the staff report, but that is a general overview of this application and I would stand for any questions. Simison: Any questions for staff? Strader: Mr. Mayor, I have a couple quick questions. Simison: Council Member Strader. Strader: Okay. Thank you. I wanted to check -- and forgive me, because I'm just getting started, so I may have a lot of questions, but I'm not going to hold back on asking them. I just wanted to understand if during the process, because this use was not permitted previously and check that there will be an opportunity for public hearing. That was my -- my -- my question, if that would be part of the process going forward. And, then, my -- maybe not a question, but a comment. I noticed in several places that the permitted use was senior living slash multi-family and I just wanted to make sure that, you know, having that description would not make it so that it could end up being a multi-family project and not actually a senior living project. Hood: So, Mr. Mayor, Councilman Strader -- Council Woman Strader, so, yes, to answer your first question, this would be subject to a new public hearing at the Planning and Zoning Commission. So, it is a -- it requires a new conditional use permit approval. I just want to clarify. The zoning, the C-G zone allows senior living slash multi-family. Both. The development agreement tied that down further, though, back when this was annexed before and limited those uses, but the underlying zoning of the property technically would be a conditionally allowed use. So, this isn't a use exception or anything like that, it is a use that would otherwise be permitted. There was just this contract between the city and the property owner at that time where they didn't envision this type of use, they envisioned commercial uses only and so, essentially, they are pulling that back and saying, you know, other uses that are otherwise allowed in the C-G zone we would also like to potentially have here. Your second question -- there is no guarantee, although I'm under the Meridian City Council Meeting Agenda January 21, 2020 – Page 39 of 246 Meridian City Council January 7, 2020 Page 12 of 39 impression and I -- and I have no reason to doubt that they are going to follow this up immediately with that conditional use permit. The applicant is here, though, so if there is some other sideboards or -- or parameters that you have got concerns about the multi- family tagging here and you want to see more of 55 and over senior -- this concept, I have looked at this historically, but I don't know how they plan to market or only rent to a certain demographic or not. So, I think that's probably why there is the slash there, but that's probably a question better answered by the applicant and, then, again, if you have some concerns with maybe what they are wanting to open that up to, this application is -- again, there is an existing contract where this use wouldn't be allowed and there is some negotiation or, again, if you want to put conditions on it, that is certainly within your -- your purview. Nary: Mr. Mayor? Strader: Thank you. Simison: Mr. Nary. Nary: Thank you. Mr. Mayor, Members of Council, Council Member Strader, the other thing I could add from the public hearing standpoint -- tonight is a noticed public hearing, so this has been noticed. Radius notices have been sent. Mailed notices have been sent. Published, as well as signage on the property. So, an opportunity to participate is also on this level of the application in addition to the application for the project when it comes forward. Simison: Council Member Strader. Strader: Thank you. That helped a lot. Thank you. Simison: Are there any further questions? Okay. If I could ask the -- Chris, would you mind turning the podium around. We didn't get it turned around. Just for those that are new to this process, we will hear from the applicant for up to 15 minutes regarding their project and will take public testimony for three minutes, unless there is anybody here representing an HOA or a group, which they may be afforded ten minutes. The applicant will also have the final comment after any comments from the public and, then, we will move forward. So, with that go ahead. Thompson: Mr. Mayor, Members of Council, Tamara Thompson. I'm with The Land Group, 462 East Shore Drive in Eagle. Tonight I'm here representing the property owner and the developer of the senior living. I won't go into a lot of detail. I think staff did a great job of giving you the overview of the project. It is a development agreement modification. The one thing I do want to clarify, though, is on the -- the hard corner, which is excluded from this, Jackson's recently processed a development agreement modification to get -- get into a new development agreement for them exclusively. So -- so, that's why they are excluded from this one, because they own that corner separately and they already processed that DA mod. The questions regarding the semantics of the Meridian City Council Meeting Agenda January 21, 2020 – Page 40 of 246 Meridian City Council January 7, 2020 Page 13 of 39 senior living slash multi-family, it really is just -- it's not a nursing home and that's what we were trying to portray is that it is more active senior living. It is age restricted to 55 and older and, hopefully, that explains that. Otherwise, I'm here for questions. Simison: Any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Can you chat with us a little bit about the height of the building and I know that's not something that we are going to be discussing specifically, but I just was curious. That area doesn't have any other four story buildings. So, can you share a little bit about -- about how that came to be. Thompson: Mr. Mayor, Council Woman -- Perreault: Perreault. Thompson: -- Perreault -- Perreault. Is that how you say it? Perreault: Yes. Thompson: Perreault. Congratulations by the way. The -- the building design we have -- these are conceptual designs at this time. They have been placed such that the ends of buildings -- and you can see here that -- like here where the ends do kind of -- there is a lot of modulation, fenestration in the buildings. There is also a large setback from the adjacent residential areas. There is a public roadway and they are about 200 feet away and, then, one of the other positive things is that when these -- the roads were put in the street trees were installed at that time and so the trees are actually quite large. So, the -- the taller buildings actually do really fit in nicely in the area. And one thing I wanted just to go back and reiterate is -- Caleb mentioned it, but we are in agreement with the staff report. He mentioned that I sent in a letter, but I want to make sure that's on the record. So, we have read the staff report and we are in agreement with the conditions. Simison: Any other questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Tamara, can you comment briefly on the distinction between the -- this DA modification and that it allows a project like this to go forward and what is addressed in the CUP that comes later. Meridian City Council Meeting Agenda January 21, 2020 – Page 41 of 246 Meridian City Council January 7, 2020 Page 14 of 39 Thompson: Absolutely. Mr. Mayor, Councilman Borton, the -- the differences that the development agreement is a contract that sometimes limits what a zone would otherwise allow and in this case it did. So, we need to do a development agreement modification in order to allow the use and, then, within that zoning designation there is either permitted or conditional or not permitted uses and this -- this use is a conditional use. So, then, the use itself will come back with the number of rooms and the amenities and all those types of things. All the details. So, the way I think about it is we are kind of in a helicopter hovering over at 5,000 feet and when we come in with the conditional use permit we are going to be on the ground and give you all the details at that time. And we are planning to submit on Friday. Simison: Any additional questions? Mrs. Strader. Strader: Mr. Mayor, yes, I have a question. If you could just clarify -- could you have the applicant clarify if going through the amenities and the percentage of open space associated with this project would, then, be part of this conditional use permit discussion in the future? Simison: I will ask staff to respond to that question. Hood: Thank you, Madam Mayor. Yeah. So, we do have -- I'm not sure if this is going to be subdivided or not. I don't believe it is. But we do have two different types of open spaces required for multi-family projects. So, we will have private usable open space and, then, we will have required amenities and open space as well with the -- with the project. So, that will be part of that conditional use permit, we will look at the amenities package and -- and open space based on how many lots -- how many units, excuse me, are provided -- proposed at that time. Strader: Thank you. Simison: Any additional questions? Thank you. Thompson: Thank you. Simison: Are there any people signed up to testify? Johnson: Mr. Mayor, yes. There are ten sign-ins, one indicating they wished to testify, and that is Sheryl Tolman. Simison: Thank you. Sheryl, if you would state your name and address for the record and you will have three minutes. Tolman: My name is Sheryl Tolman. I live at 2695 West McMillan Road, just around the corner from this. So, first of all, the signs only say modified development agreement. Nowhere in it does it say we are going to all of a sudden add a 170 unit four story apartment building. So, I went around today to my neighborhood. Nobody was aware of Meridian City Council Meeting Agenda January 21, 2020 – Page 42 of 246 Meridian City Council January 7, 2020 Page 15 of 39 this. Nobody knew that this was what they were talking about. Nobody seemed to be in favor of it. Four stories does not fit in that neighborhood and it's a quiet neighborhood right now, but it will not be for long when we add potentially 200 cars that aren't there. In fact, one gentleman I spoke with said that before he bought his house he looked into what the plan said, it was commercial, which it still is allowing for the same commercial buildings, but now it's allowing for a huge building. I -- from what I was able to gather the original agreement says that they can't have any building over 400 -- over -- any non- residential building over five hundred -- or 50,000 square feet and the total was like 225,000 for all nine buildings. They are still going to have nine buildings, but now they are going to have this monster building with added traffic that it just can't support. I live on McMillan Road and we talk about family and I'm concerned about my young drivers getting in and out of my property, because we have no choice but to use McMillan Road and more and more cars -- it's just not helping and I think we need to really grow by choice. I think it was already decided to do it a certain way and I think that's what was approved and that's what the residents are expecting. I don't think we should modify it to that great extent and so I just -- unfortunately, I lost my notes that I really had, but I just really think that we need to think about what we are doing here and not just approve it because some developer put money into it when they know what the agreement is. The agreement was you have the nine commercial buildings up to a certain size and I think that we need to honor that agreement of the residents. I don't think that we always need to grow at the expense of existing residents. I think we need to choose quality of life over quantity of people. Thank you. Simison: Any questions? Thank you. Johnson: Nobody else indicated they wished to testify. Simison: Okay. Is there anybody in the audience who did not sign up who would like to testify on this application? Please come forward. If you could state your name and address for the record, please. Voltroubek: My name is Dan Voltroubek. I live it 2877 West Turin Court. And according to your map that puts the apartments right in line with my house and all of the others that live in this court. There is 20 homes in there. It was slated to be a 55 and over. It was also slated to be owner live. Sorry to say about 12 of them are rentals. We have no problems with that. The traffic is terrible getting out of -- from Cortona to McMillan or -- what's the other street. Milano to Ten Mile. All you got to do is drive out there after 3:00 o'clock and wait in line and find out. I would suggest that if you are going to go through with this process that a light be located at both Cortona and -- and the other street there. I think that's safety first. Like I say, other than that I moved out there -- I had a beautiful big barn and -- right outside my bedroom window. That is now gone. It is turned into storage areas. At least I can still see the -- some of my -- my landscape. When we first moved in we said -- we were told the other side of the fence east of us would be small homes like we have. It turned out to be apartments, which block this -- our view from Bogus. You know, being an old farm boy and country boy I miss that. I feel you're kind of forcing me out and this is just going to make it tighter. That's all I have. Any questions? Meridian City Council Meeting Agenda January 21, 2020 – Page 43 of 246 Meridian City Council January 7, 2020 Page 16 of 39 Simison: Any questions? Thank you. Naumann: Mr. Mayor, my name is Matt Naumann. I'm a commercial real estate broker for Cushman and Wakefield and representing the buyer or the developer in this -- actually, the senior living developer, not the developer of the whole project. But I just wanted to chat for a minute and let you know that I did bring quite a few different projects to the developer and he was very selective in what would work in this location. I sell a lot of multi-family land -- pure, true multi-family land and this development that's going here now, the senior development, the active senior, does not have near the traffic flow that a regular apartment does. They have got full time kitchen staff. All the amenities. They have got shuttles. So, with the community talking about traffic flow, this is going to provide far less traffic than if you put a retail development in there that's going to provide more and, then, on top of that the neighbors that, you know, want to complain about the noise, you don't have a big box that is driving semis in and out of there at 3:00, 4:00, 5:00 in the morning. So, from both a noise standpoint and a traffic standpoint, this is less intrusive than a retail development in that location. Simison: Just so are -- can you put your address in, please. Naumann: What was that? Simison: Can you put your address into the record. Naumann: I registered. But 9090 West Teakwood, Boise. Simison: Any questions?. Thank you. Naumann: Thank you. Simison: Anyone else who wishes to testify? Brown: For the record Kent Brown. 3161 East Springwood, Meridian, Idaho. I'm here on another item, but I see the struggle that we end up having because the comp plan calls out that we have got to put mixed use. The single family is what they wanted to put in and they did that and they tried to guess for the future and that's why you have the DA mods to allow you to -- to make a change. I can agree with the real estate agent when you're talking about a residential, especially if it's a senior, we are seeing a lot of the seniors coming to the valley. That's one of the biggest demographics that I'm being told by real estate people and people are moving here to spend their retirement dollars, because we are such a bargain. But they have a different traffic impact. You can look across the street and the other two corners on the west with those being commercial, those commercial uses would have a lot greater impact on the area and that's all day long. Maybe not in the evening, but I don't see seniors, other than hurrying for the discount dinner that they can get going someplace, but other than that I -- and you still have the approval of the CU that has to take place. So, as the details of that comes in and how the mitigation and so forth, you got comments coming from the highway district Meridian City Council Meeting Agenda January 21, 2020 – Page 44 of 246 Meridian City Council January 7, 2020 Page 17 of 39 at that time, to me you end up being able to make a more informed decision than -- you're just entertaining, if you will, the right to do -- to do senior and multi-family on that property today and who is to say that when it comes through in the CU that it is two story or one story or something else on that property than the concept that you have seen. I think they have shown you the worst case scenario. But it is difficult when we are doing these preliminary plats and trying to comply with the comp plan to guess for the future and I can tell you the -- as I bring applications to you in the future I have to deal with some of these multi-family corners or these mixed use corners and we are guessing, because that is the last thing that takes place after you have put the houses there is, then, you start doing the commercial. So, that's all I have. Thank you. Simison: Any questions? Anyone else wishing to testify? I'm sorry. You can't speak from back there. You have already spoken, so with that we will ask the applicant to come up. Thompson: Mr. Chair -- or sorry. Mr. Mayor, Members of Council, Caleb, can I get you to put the -- both -- the side by side site plans back up for me, please. Thank you. Tamara Thompson for the record again. To respond to some of the comments that we received, I just want to make it clear we did have a neighborhood meeting in accordance with the requirements of the city and at that neighborhood meeting the site plan and the concept elevations were shown at that time. The senior living was -- was -- was definitely discussed with the neighbors. As far as this site -- so, this has already been zoned and platted. Actually went through a preliminary/final plat for the property many years ago and what is allowed on the site -- so, the City of Meridian has basically three commercial zonings. We have neighborhood commercial, community commercial, and general commercial. This one is the general commercial, the C-G, which is the more intense of the three and the development agreement only limited one single user at 50,000 square feet for -- for retail or commercial uses. A big box user -- that size would be a smaller Albertson's grocery store type thing or a D&B Supply. You would have deliveries coming and going, you would have customers all day long. Those types of uses are much more intense than what's being proposed as the senior living. This -- and you will -- the -- the details of those will come with the CUP, but most of the residents -- so, these are apartments, they are not purchased, they are rentals, but they do eat their meals on site. They have dining on site. They have entertainment on site. And they have shuttle services. So, most of them are not driving. The -- the other thing I wanted to point out is that the commercial pads are still in the front, that these -- these are still planned as commercial in there and this is the way the plat currently is laid out with -- we did a boundary line adjustment for the larger parcel in the back and, then, we have the pads and, then, there will be an internal access drive. That won't be a public street, but it will be an internal access drive. So, with that we respectfully request your approval tonight and I will stand for any further questions. Simison: Any questions? Cavener: Mr. Mayor? Simison: Council Member Cavener. Meridian City Council Meeting Agenda January 21, 2020 – Page 45 of 246 Meridian City Council January 7, 2020 Page 18 of 39 Cavener: Thank you. Tamara, Happy New Year. Thompson: Happy New Year. Cavener: Appreciate you bringing up the -- the neighborhood meeting. How many members of the -- representing the neighbors were in attendance at that neighborhood meeting? Thompson: Oh, Mr. Mayor, Councilman Cavener, I believe -- I looked at the sign-in sheet today. I did not do that neighborhood meeting myself. I looked at the sign-in sheet today and it looked like there were about ten to 12 that signed in and I believe we submitted that with our application. Caleb, is that something you have access to? Perreault: Mr. Mayor? Tamara, in that regard, then, when you send out a letter to the -- to the neighbors do you put a description of the -- of what it is the meeting will be covering? It's more detailed than just an invitation; correct? Thompson: Yes. Mr. Mayor, Council Woman, we -- it's -- for The Land Group it's our practice to put what -- what the use is and I did do the letter for this one, I just wasn't available for the meeting. So, I did send out the neighborhood meeting invitation and it did specify senior -- senior housing. Simison: Caleb, were you able to find that information? Johnson: Mr. Mayor, I pulled it up. Simison: It looks like it's six is what we are hearing from Council. Strader: Mr. Mayor? Simison: Council Woman -- Member -- Strader: Council Woman is just fine. Simison: Council Woman Strader. Strader: Thank you for presenting today. I understand that you were not in attendance at the neighborhood meeting. Could -- and what I, honestly, struggle with is that we don't have a videotape of that meeting, we don't have any kind of information, just sort of coming -- coming for our -- you know, ourselves, so that we can review how it went. What types of concerns did you hear at the meeting or did a member of -- of the developer's team here, can you give us a sense of how you tried to address the neighbors' concerns, especially with regard to the four story building height potentially and how you tried to mitigate those concerns, please. Meridian City Council Meeting Agenda January 21, 2020 – Page 46 of 246 Meridian City Council January 7, 2020 Page 19 of 39 Thompson: Mr. Mayor, if it's -- if it's okay I will bring up another member of the team that was at that neighborhood meeting. Simison: State your name and address for the record. Brennan: Tyler Brennan. Good evening, Mr. Mayor, Council Members. So, I was at the -- in attendance of the -- the neighborhood meeting. We did have a gentleman come and approach me and asked some questions and just to backup, we did have large color renderings of what you guys are seeing tonight blown up on large easels, so that the neighbors could see the four stories and see the architectural design that we want to bring -- as more of a residential feel. The finishes of the building are stone with architectural siding and a lot of deviation in the roof lines and the building and pop outs to give it more of a residential look. In regards to the four stories, the way that the buildings are situated we have them sort of tucked back and they go away from the neighborhood and, then, the tree buffering helps a lot with -- and, again, the only four story buildings are only the two on the -- on the north and south side. The clubhouse in the center is not four stories, it's only two stories, and we were trying to, obviously, be well within the zoned 65 feet that's currently allowed. So, I believe we are just over 40 feet. But after showing the residents the -- the color renderings, there was not any opposition at that point. They welcomed the design. They saw the level of finishes, the architectural windows, the shingles, the stone, the siding that we are doing on the buildings, then, they were -- they were more excited about the project than having to look at a back of the large big box retail store that could be up to 60 feet. So, I hope that answers your questions, Mr. Mayor and Council Members. Simison: Council Woman Strader. Strader: Thank you. And I guess just to further clarify, Mr. Mayor, if I may, did you make any changes to the design of the project in response to concerns from residents or you really didn't receive any -- any concerns at that meeting and didn't make any changes? Brennan: Council Woman -- no, we have not. This is -- we actually are -- we are well down the road with design of this building, as long as everything is approved. This is what we are delivering. This is what we will be -- what you see in those renderings of elevations is what we are going to deliver. Or we intend to deliver. We did not make any changes. Simison: Council Member Bernt. Bernt: Mr. Mayor. Wow, that sounds interesting. Weird. Mr. Mayor. Maybe just -- just so maybe -- so the folks can know that are in attendance, so we can clarify, maybe to piggyback on some comments made by Mr. Brown, so this meeting isn't -- we are not talking about the design of this -- this building tonight, we are not approving this development tonight. If you have concerns about maybe what this looks like, whether -- if you have issues with the height or the commercial aspect of it or whatever the case may be, I would invite you to -- and it will be renoticed again when -- when the CUP goes Meridian City Council Meeting Agenda January 21, 2020 – Page 47 of 246 Meridian City Council January 7, 2020 Page 20 of 39 before Planning and Zoning Commission and, then, you will have an opportunity to discuss your concerns in regard to what it looks like. I feel like we are sort of going down the road of talking about what it's going to look like and what -- how many -- you know, whatever details and that's just not -- that's just not what we are discussing tonight. So, you will have an opportunity to talk more about that in the future. Just wanted to make you aware, so you -- so, you're not so concerned. Simison: Any further questions for the applicant? Brennan: Thank you. Thank you, Mr. Mayor and Council Members. Simison: Is there any further discussion? Cavener: Mr. Mayor? Simison: Council Member Cavener. Cavener: A question for -- for Mr. Johnson, not meaning to put you on the spot. I see he sent approximately 75 postcards to the homeowners that are within 300 feet. I know we have had some kind of a practice of the city that we also do additional postings via NextDoor. I'm just curious if we did that in this particular case. Maybe just for the benefit of the public to outline what communication -- just because when I -- when I hear folks say we weren't told about that, for your benefit as a Council we hear that a lot, that people feel like, oh, we weren't informed and sometimes you get a postcard and you're not quite sure what it means and, then, you see a sign and it's like, oh, where is that postcard. So, I just was hoping maybe for -- for our new Council and for the public to get a good understanding about when it's required, what the applicant does, and how we communicate with the public. Johnson: Mr. Mayor, Council Member Cavener, Members of Council, I'm looking at NextDoor now to see when we posted, but it is our practice to send the 300 foot postcards as required by code. We do post on our website as soon as a development comes in. We have the Meridian Press noticing, which have to look and see the date, but it's generally about 30 days before. That's in the Meridian Press. And, then, the applicant's required to post on site and we do have an affidavit of posting showing they did that as well. But I can certainly find the NextDoor and those are the various methods we notice that within code and, then, also beyond that. Cavener: Great. Thank you. Simison: Is there further discussion? Strader: I will discuss, please, Mr. Mayor, if I -- Simison: Council Woman Strader. Meridian City Council Meeting Agenda January 21, 2020 – Page 48 of 246 Meridian City Council January 7, 2020 Page 21 of 39 Strader: Okay. It's fun -- kind of fun and a little scary doing the discussion for the first time. Just a couple of thoughts. I -- I am very sensitive to a lot of residents' concerns regarding traffic, particularly with respect to multi-story residential buildings in an area where we currently have a two lane road. I am very familiar with McMillan. I live nearby. I, at the same time, would -- intuition would lead me to believe that a senior living type of use would not have the same type of traffic concerns that would be associated with a multi-story residential rental building that's not age restricted and I do -- do think it sounds like a commercial use could actually have worse traffic. What I would just say is, you know, I would be supportive of approving this. I guess it's a DA modification with the stipulation that we restrict the future intended use specifically to senior housing. Could be senior apartments, but I just want to make sure there is no confusion about the potential for multi-family housing here. It sounds like the CUP will come through -- at the time that we go through that discussion I hope that the applicant would be very sensitive to the neighbors' concerns and that, you know, you will be having discussions with the neighbors and that you will be specifically discussing the traffic -- potential traffic impacts with some more research at the time that we would see that and, then, we will be having, you know, the ability for public testimony. I will also be, you know, looking for more information about the percentage of open space and -- and in my -- just to give people a flavor for it when they come back, I don't like people to have surprises, I think in the future, you know, our ten percent open space requirement for residential development is something that we will be taking a look at together as a city and if we have a two lane road and this is not currently an intended use under the DA agreement, I'm going to be looking for someone hopefully to go above and beyond the minimum requirement for open space and really try to show that they are overachieving and that this is going to fit in well with the neighborhood. I just wanted to provide those comments. So, you would have a little bit of a flavor for how I would be looking at that. I think we need to, you know, increase our standards and that we need to look at that as a city and so that's something in the future that I'm going to be looking for. Perreault: Mr. Mayor, if I may -- Simison: Are you done with your comments? Strader: Yes, I'm done with my comments. Thank you. Simison: Council Women Perreault. Perreault: If we don't anticipate we will be taking any additional public testimony, I make a motion that we close the public hearing portion and continue with discussion. Cavener: Second. Simison: All right. There has been a motion and a second to close the public hearing. All those in favor say aye. Those opposed say nay. The ayes have it. MOTION CARRIED: ALL AYES. Meridian City Council Meeting Agenda January 21, 2020 – Page 49 of 246 Meridian City Council January 7, 2020 Page 22 of 39 Perreault: Mr. Mayor, if I may again. Simison: Council Woman Perrault. Perreault: I don't know if these questions are for -- for staff or for Mr. Nary. I'm wondering about -- if -- if Council would like to testify or have comments on items related to the CUP, the specifics as we talked about, how do we best provide those? Would you like us to send those in writing for posting prior to the Planning and Zoning meeting or what would be our process for that? Nary: Mr. Mayor, Members of the Council, Council Member Perreault, it would not be appropriate for the Council to comment on your desire, because you are the appellate body -- Perreault: Okay. Nary: -- for the CUP. If there are conditions you think are important to put into the development agreement -- Perreault: Okay. Nary: -- that would be fine and that would be what tonight would be is if you want additional direction in the DA, but not to the CUP. Perreault: Okay. I wanted to make sure. I thought that was the case, but I wasn't -- I wasn't sure. Okay. Then the other question is I am getting concerned about the amount of senior living that is being built in that area because of the significant difference in population numbers between the baby boomer population and the Gen X'ers, which I am a part of, about 30 million people, and so I anticipate here in the next ten to 15 years we are going to see a lot of extra resident -- senior residential living that we aren't going to need and so I'm wondering if -- if the CUP is going to restrict -- if they are going to restrict it and make it age restriction for it, will they be allowed to remove that age restriction at a later time and would they be permitted to do that? Is there a time limit on the CUP and do they come reapply for it? Can you give me some more specifics? Nary: Sure. Certainly. Mr. Mayor, Members of Council, Council Member Perreault, the CUP is -- is perpetual, it doesn't -- it doesn't expire and it doesn't require reapplication. But certainly if the market were to change or the needs were to change, the ability to come and request a change certainly is not going to change. So, definitely they can be changed in the future by the owner at that time. Simison: Is there further discussion or is there a motion that anyone would be interested in making at this time? Council Member Strader. Borton: Madam Mayor -- oh, God. Meridian City Council Meeting Agenda January 21, 2020 – Page 50 of 246 Meridian City Council January 7, 2020 Page 23 of 39 Simison: And that's why Council Member Strader is recognized. Strader: Mr. Mayor, thank you. Maybe my fellow Council Members will help me make a motion, so I don't mess it up too bad. I would propose that we approve the development modification with the change that we continue in the future to restrict the future use to senior living. I think it's important that we have that as part of the approval. Simison: Is there a second? Borton: Second. Simison: Motion and a second. Is there discussion on the motion? Cavener: Mr. Mayor? Simison: Council Member Cavener. Cavener: This is a -- this is a unique -- this is -- the wheels turning. So, I guess a question would be for either staff or either Caleb or Mr. Nary. We know that development changes, what goes up one day gets torn down, something new goes up. If we were to approve what I assume is Council Member's intended motion, that locks senior living into that land designation only or only pertaining to that particular development? Nary: Great question. Mr. Mayor, Members of the Council, Council Member Cavener, so this development agreement only applies to this property and they are requesting that multi-family senior living portion in this section of this property. So, the commercial would still remain on the exterior. So, this restriction would only apply to that one portion of the parcel. But it wouldn't apply to any other parcels other than this. Cavener: Mr. Mayor, follow up. What happens -- I'm sorry. Mr. Nary, what happens a hundred years from now they tear down and they want to -- they want to build apartments, what does that process look like? I'm just curious if we are -- if we are locking in -- this has to be senior living from here to perpetuity. Nary: So, Mr. Mayor, Members of the Council, Council Member Cavener, I mean we are locking in that parcel as a residential living parcel with restricted to -- and the senior living, just for the public's perspective, under our development code is 55 and older. So, this is -- as they said, this is not a -- this is not a nursing home facility. So, again, the process would be, again, they would have to come back for a modification to the development agreement, ask to do something else. Cavener: Okay. Simison: Is there any further discussion? Perreault: Mr. Mayor? Mr. Mayor? Meridian City Council Meeting Agenda January 21, 2020 – Page 51 of 246 Meridian City Council January 7, 2020 Page 24 of 39 Simison: Council Women Perreault. Perreault: Ask a question about the -- the height. I'm aware that that's something that will be more specifically considered with the CUP, but I do have concerns about that height and in -- in that location. I realize that the C-G allows it, but just -- just also wanting to take into account the area, the concerns. I know there is some -- you know, I know Walmart's across the street. I know there is some more heavier uses that are coming in there, but I think it's going to -- to really stand out more than anything else within that area and so the reason I asked about what comments that we can make, because it sounds like it's possible for us to potentially limit -- limit that if we desire to do so as part of the DA modification process and -- and since we are not going to have the ability to comment on the CPU I wanted to specifically say that I'm not -- not a huge fan of a four story building, if that's what the applicant chooses to do, but I realize that's going to be Planning and Zoning's ultimate -- ultimate decision, but -- and I appreciate the clarification that that's -- that there is only going to be two buildings that are four story in height, although it sounds like there are quite a few units in those buildings. I don't know what the -- I don't know how a three story building that's wider, longer, or -- or an additional building -- unfortunately we can't take -- take more public testimony, but you can do so at the -- at the conditional use hearing, but I just would like to say that I would like to see that be designed a little bit differently. I think it would -- it would give that entire area a little bit more subtle feel and we hear -- I have been on Planning and Zoning three years, we hear a lot of testimony about people being concerned that it will change the value and nature of their single residential homes when you have -- now, it may be senior living and traffic may be calm, but because there is a large apartment look type -- you know, unit -- structure I should say, it does change the single family residential values that are all along that area and I understand the neighbors' concerns that their home values might change and the taller that -- that the buildings get the more likely that's the case. So, I just want to say that it was always funny to me to -- to have a four story senior living -- senior living building, but -- but I wouldn't say if the applicant -- I realize you guys have already done all your design stuff, but I -- sitting on Planning and Zoning, knowing my fellow Commissioners on that body, I know that that's going to be something they are going to heavily discuss when you go before them, so -- Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, Council Member Perreault, one of the things for the public's perspective that we -- we don't have story restrictions, we have height restrictions. This is already a C-G zone, so it already has a height limitation as it is. So, whatever buildings are going to be built have to stay within that height limitation. So, whether it is a big box store, a commercial building with offices, or a residential structure, they all have the same height limitation. So, I know you know that, it's more for the public's perspective that all of that will get evaluated. So, it's really not about stories of buildings, but simply height. Meridian City Council Meeting Agenda January 21, 2020 – Page 52 of 246 Meridian City Council January 7, 2020 Page 25 of 39 Perreault: And to -- Mr. Mayor, if I may. Simison: Council Woman Perreault. Perreault: I think the residential limit -- if it was in a residential zone wouldn't that be limited to 35 feet in height? Maybe that's a question for staff. Caleb. Hood: So, the height limitation in the C-G zoning district Is 65 feet. Perreault: Right. But because this is a residential structure, if it were in a residential zone, would it be limited to 35 feet? Hood: Mr. Mayor, Council Woman Perreault, that varies depending on the R zone. Some of it's 35, some of it goes up to 40 -- 35, 40 is a typical residential zoning height limitation. Perreault: So, the 40 foot height building would be consistent with that -- that the applicant has proposed would be consistent with more residential use. Hood: Mr. Mayor, again, 35, 40 feet is consistent with an R zone. So, yeah, 40 foot, depending on what zone it has, yes. Perreault: I'm just trying to get an understanding of whether that's something that we want to consider limiting as part of the DA modification or not. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I just want to weigh in a little bit. I haven't said much. I mean this is -- this is about changing a DA agreement, separating out property, and I kind of agree with Councilman Bernt a little bit, you know, we are getting ahead of ourselves. It's -- it's tempting to bake the cake when you get to decide the size of the pan, but because you're debating the size of the pan you do want to get to, well, what kind of cake are we going to bake and so that -- that is tempting. I -- but I do want to make sure the residents in the area understand that -- that if we -- if the Council votes to -- to move forward with this DA it sets up a process that allows you, then, to weigh in from the beginning, from the Planning and Zoning process and if it makes it to City Council on those details and all those different things that have kind of popped up here tonight and issues that you have raised and -- and I don't -- and who knows, by the time it gets back to us I don't know what that's going to look like. So, you know, I'm willing to support the change in this DA and, then, see what comes forward and then -- then get into the -- into the recipe and see what details we have that we want to have or not have. So, I think it's good to move forward on this and just see what -- what comes out. The statistic I read on seniors, you know, in this country 10,000 people turn 65 every day and that's -- that's -- that's a lot of -- a lot of people moving and we do know -- as I was out campaigning how many people have moved here that our senior citizens, because family is here and so there is that Meridian City Council Meeting Agenda January 21, 2020 – Page 53 of 246 Meridian City Council January 7, 2020 Page 26 of 39 need. We have a lot of needs out there for housing and this is part of our variety that we want to offer, but is this the right place, the right thing. To me that would come later. I think right now I'm going to support that next step of changing the DA. Simison: Is there further discussion on the motion? If not, ask the clerk to call roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion passes. MOTION CARRIED: ALL AYES. B. Public Hearing for Castlecreek Subdivision (H-2019-0130) by Northwest Ventures, LLC, Located at 2432 E. Amity Rd. 1. Request: City Council Review for the purpose of extending the expired plat to allow a 6-month extension to obtain the City Engineer ’s signature on the final plat. Simison: All right. The next item on the agenda is Item 10-B, a public hearing for Castlecreek Subdivision, H-2019-0130. Open this public hearing with staff comments. Hood: Thank you, Mr. Mayor, Members of the Council. The subject application before you is a miscellaneous application for a time extension of a preliminary plat on 6.5 acres of land, zoned R-8, located at 2432 East Amity Road as shown on the screen in front of you. This property was annexed and received preliminary plat approval in 2014. They were granted an administrative time extension in 2016 and they were notified that they had until August of '18 to get the plat signed by the city engineer. They did submit their construction drawings for the subdivision in a timely manner. Those were reviewed and approved, just that final step, the way that the City of Meridian tracks subdivisions and timeliness is city engineer's signature and they did not receive that in time. So, this would extend that time for the city engineer to sign the final plat. So, you don't have to start back over and do a new preliminary plat on this -- on the subject site. So, staff is recommending approval of this request. The applicant is in agreement with the staff report, but as Mr. Brown mentioned, he is here, too, so if you have any questions with him I'm sure he would be happy to answer them. With that that is staff's report. Simison: Any questions for staff? If not, would the applicant like to come forward and make his comments. Brown: For the record Kent Brown. 3161 East Springwood, Meridian, Idaho. Meridian's process for final plats is kind of different than some of the cities and we end up submitting subdivisions way in advance to try to get on your agenda and get the plans approved and, then, sometimes they will sit on the shelf. In this case the window of opportunity was very very short from when the plat was approved to when it expired. It wasn't -- we didn't have Meridian City Council Meeting Agenda January 21, 2020 – Page 54 of 246 Meridian City Council January 7, 2020 Page 27 of 39 the opportunity to build it in the time frame after those plans were approved to make that happen. To date everything is built. We are in the process of doing final acceptance with the highway district, having the bonding returned. The streetlights are up, the landscaping is in, the fencing is all done. This subdivision is built. There is no value added to the city to cause us to go back to do a preliminary plat and, then, turn around and come back with a final plat six months later after we got the preliminary plat approved to get back to the point where we are today. We have submitted the stuff for the signature and my client is bringing in the warranty surety. We have comments from the county surveyor and, hopefully, with your approval tonight we will be recorded before the 1st of February. So, we are asking for six months, but I don't anticipate that being an issue. We are just covering our bases at this point. I will stand for any questions. Simison: Any questions? Brown: Thank you. Simison: It is a public hearing. Is there any sign-ups for this item? Johnson: Mr. Mayor, there were four sign-ups. None indicating they wished to testify. Simison: Is there anybody who would like to testify on this item? Applicant, any final comments? All right. With that, any questions from Council or any motions on this topic? Borton: Mr. Mayor? Simison: Council Member Borton. Borton: I move we close the public hearing on Item 10-B, H-2019-0130. Hoaglun: Second. Simison: Motion to close the public record has been moved and seconded. All those in favor say aye. All opposed. The ayes have it. MOTION CARRIED: ALL AYES. Simison: Is there any motion? Borton: Mr. Mayor? Simison: Council Member Borton. Borton: With that explanation of the applicant, I move we approve Item 10-B, time extension for H-2019-0130. Cavener: Second. Meridian City Council Meeting Agenda January 21, 2020 – Page 55 of 246 Meridian City Council January 7, 2020 Page 28 of 39 Simison: There has been an motion and a second. Any questions on the motion? If not, clerk call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: The ayes have it. Motion carries. MOTION CARRIED: ALL AYES. C. Police Department: Internet Crimes Against Children Memorandum of Understanding 2020 Simison: Item 10-C is our Police Department, Internet Crimes Against Children Memorandum of Understanding for 2020 and with that I will turn it over to Lieutenant Leslie. Leslie: Mr. Mayor, Members of Council, thank you. So, this is a -- an agreement that we sign yearly and it's typically on the Consent Agenda, but we would -- we wanted the new Mayor's signature on it, so that's why we moved it into this part. Internet Crimes Against Children is a task force that we are part of for the new members. We assign one detective to that unit. He works out of the Attorney General's office, working internet crimes. They pay all of his wages and all of his compensation to be there and so it's a great partnership for us and so we are just looking for the signature on that MOU. It hasn't changed from year to year. We just wanted the new Mayor's signature on it. Simison: Are there any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just a comment. Jamie, I agree that it is a great value for our citizens for our state. I have had the opportunity to engage with the Attorney General's Office on this program. These detectives have a very very challenging position. Now I mean it's a challenging job that we don't talk about enough. So, I'm definitely supportive of all the -- this body -- and I assume you probably all are. Thanks for bringing this and giving you a chance to come and share a little bit about this, so -- Simison: Mr. Nary, do we need a motion on this item? Nary: Yes, sir. Simison: Do I have a motion on this item? Cavener: Mr. Mayor? Meridian City Council Meeting Agenda January 21, 2020 – Page 56 of 246 Meridian City Council January 7, 2020 Page 29 of 39 Simison: Councilman Cavener. Cavener: I move that we approve the MOU 2020 from the Police Department, the Internet Crimes Against Children. Borton: Second. Simison: I have a motion and a second. All those -- any discussion on the motion? If not, the clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALL AYES. D. City Council: Election of New City Council Officers and Department Liaison Appointments Simison: Item 10-D is City Council elections of new City Council officers and department liaison appointments and I will recognize Councilman Borton. Borton: Thank you, Mr. Mayor. I appreciate the -- the opportunity given by the Council to have served as City Council president for the last couple of years -- a number of years back by ordinance we -- which I think was -- was well done -- required the turnover in that position, a two year term, no more than that, to provide others to have an opportunity to participate in the leadership roles of City Council. I think the last two years we -- we have accomplished quite a bit. I think one of the overarching things that we did that I'm very proud of and excited about is some of the process improvements that we have done to try and make it more procedurally open and accessible to the public, whether it's our finances through open.gov, to our meeting format changes, trying to make it more accessible for our community as it grows. So, I appreciate all of the support from our Council in having that happen. So, I wanted to put that out first. I know it's the time to -- to put forth nominations. I would -- Mr. Mayor, if it's okay, I would nominate Treg Bernt for the position of City Council president going forward. Cavener: Second. Simison: Have a motion and a second for Treg Bernt for City Council president. Is there further discussion on the motion? If not, call the question. All those in favor signify by saying aye. All opposed say nay. The ayes have it. MOTION CARRIED: ALL AYES. Meridian City Council Meeting Agenda January 21, 2020 – Page 57 of 246 Meridian City Council January 7, 2020 Page 30 of 39 Simison: Councilman Bernt, congratulations. Do you have any comments you would like to make? Bernt: Two years ago when I was elected as a City Council Member I -- I -- here in Seat 4 there was a gentleman by the name of Council Member Bird and his name pops up quite frequently in discussions of different things that happen in our city and, quite frankly, he would say that as Council Members and this body and this brotherhood and now sisterhood that we are a part of that you may disagree, that's fine, but we leave as a brotherhood and a sisterhood and we leave it here in -- in chambers and so in the past we have done a great job and I would have to say that this -- this Council has been the finest Council in the Treasure Valley, if not the state, because we disagree and because we have differences of opinion and I would hope, knowing that we have three new Council Members, that the legacy of past councils goes forward, knowing that we can have lively discussion, that we can have discussions where we agree and where we disagree, but at the end of the day we leave it here and we leave and -- and next Tuesday we start again and we go about the people's business and so grateful for the support of this Council and their trust in me in going forward as the -- as this Council's president and know that I'm close, know that I'm always available and whatever I can do to help, whatever I can do to serve, know that that's my goal always. So, I appreciate it. Simison: Councilman Borton. Borton: Thank you, Mr. Mayor. The second position for vice-president of the City Council I would nominate Brad Hoaglun. He is, as you know, experienced in this City Council role and I think would be a great fit to serve as our next City Council vice-president. Cavener: Second. Simison: I have an motion and a second for Brad Hoaglun to serve as Council vice- president. Is there any discussion? If not, all those in favor signify by saying aye. All opposed say nay. The ayes have it. MOTION CARRIED: ALL AYES. Simison: Vice-President, the floor is yours. Hoaglun: Thank you, Mr. Mayor. Thank you for the nomination. I look forward to serving, to do whatever I can on this Council. Just to kind of follow up on Councilman Bernt's remarks there, which I wholeheartedly agree with, and that's the fact that, yeah, there will be times we disagree, but everyone's heart is for the best -- what's best -- they think is best for this community and you can never disagree with that and that's always a good thing, is the fact that we want what's best and we just may come out at it different ways every now and then, but in the end we can walk out and with a lot of respect of everyone that's up here and -- and I look forward to that and we will just work through the many challenges that we will have and -- but we will face them together and do the best we can. Thank you. Meridian City Council Meeting Agenda January 21, 2020 – Page 58 of 246 Meridian City Council January 7, 2020 Page 31 of 39 Item 11: Ordinances A. Ordinance No. 20-1868: An Ordinance (H-2019-0099 – Inglewood Place Subdivision) For Annexation Of A Parcel Of Land Situated In The SW ¼ of the SW ¼ Of Section 21, Township 3 North, Range 1 East, 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 10.29 Acres Of Land From RUT To C-C (Commercial Business) (3.761) And R-15 Medium-High Density Residential) (6.532 Acres) Zoning Districts 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. Simison: Excellent. Thank you. Moving on. Item 11-A, Ordinance No. 1868. I'm going to ask the clerk to read this by title. Johnson: Thank you, Mr. Mayor. This is an ordinance related to H-2019-0099, Inglewood Place Subdivision, for annexation of a parcel of land situated in the SW ¼ of the SW ¼ of Section 21, Township 3 North, Range 1 East, 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 10.29 acres of land from RUT to C-C (Commercial Business) (3.761) and R-15 (Medium-High Density Residential) (6.532 acres) zoning districts 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. Simison: Thank you, Council. Do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we approve Ordinance No. 20-1868 with suspension of rules. Cavener: Second. Meridian City Council Meeting Agenda January 21, 2020 – Page 59 of 246 Meridian City Council January 7, 2020 Page 32 of 39 Simison: There has been a motion and a second. Any discussion? If not, I will ask the clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. MOTION CARRIED: ALL AYES. B. Ordinance No. 20-1869: An Ordinance (H-2019-0098 – 840 E. Ustick Road) For Annexation of a Parcel of Land Being A Portion Of The SW of the SE ¼ Of Section 31, Township 4 North, Range 1 East, 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 2.29 Acres Of Land From RUT to R-2 (Low 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 Simison: Next time item is Item 11-B, Ordinance No. 20-1869 and ask the clerk to read this by title. Johnson: Thank you, Mr. Mayor. An ordinance related to H-2019-0098, (840 E. Ustick Road) for annexation of a parcel of land being a portion of the SW 1/4 of the SE 1/4 of Section 31, Township 4 North, Range 1 East, 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 2.29 acres of land from RUT to R-2 (Low 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. Simison: Thank you. Council, do I have a motion? Nary: Mr. Mayor, we normally would ask if anybody in the public wanted it read in its entirety. And hopefully no one would. Meridian City Council Meeting Agenda January 21, 2020 – Page 60 of 246 Meridian City Council January 7, 2020 Page 33 of 39 Simison: Would anybody out there like this read in its entirety? Recognizing no one, do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Ordinance No. 20-1869, with suspension of rules. Bernt: Second. Simison: Motion has been made and seconded. Any discussion? If not, Clerk call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: The ayes have it. MOTION CARRIED: ALL AYES. C. Ordinance No. 20-1870: An Ordinance Amending Meridian City Code As Codified At Title 11, To Amend The Maximum Street Length For Dead-End Streets (Cul-De-Sacs); And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Simison: Item 11-C, Ordinance No. 20-1870. Ask the Clerk to read this by title. Johnson: Thank you, Mr. Mayor. This is an ordinance amending Ordinance No. 20-1870, an Ordinance amending Meridian City Code as codified at Title 11, to amend the maximum street length for dead-end streets (cul-de-sacs); and providing for a waiver of the reading rules; and providing an effective date. Simison: Is there anybody that would like this read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: President Bernt informed me that my predecessor Genesis always made these motions, so I will -- I will attempt it and if I am incorrect please -- please help me here. I make a motion to approve Ordinance No. 20-1870, amending Meridian City Code as codified at Title 11 with suspension of the rules. Meridian City Council Meeting Agenda January 21, 2020 – Page 61 of 246 Meridian City Council January 7, 2020 Page 34 of 39 Hoaglun: Second. Simison: I have a motion and a second. Any discussion on the motion? Okay. We will call the question. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. MOTION CARRIED: ALL AYES. D. City Council: Election of New City Council Officers and Department Liaison Appointments Simison: We need to go back to Item 10-D. Nary: Mr. Mayor, I was going to ask under the liaison appointments, we didn't discuss those. We normally would bring next week a resolution outlining what all those are, but usually we have identified them tonight, if you have them prepared. Bernt: Yes. Just a moment and I will get to it. Mr. Mayor? Simison: Council President Bernt. Bernt: Would you like me just to go down just the list of each Council Member and what responsibilities they have? Simison: That would be awesome. Bernt: Okay. Mr. Mayor, number one, Council Member Brad Hoaglun, he has been assigned the liaison role for the Fire Department, the Parks Department, and will represent Council at Rural Fire and at the Parks Commission. Any questions for you? You're pretty -- you're pretty up to snuff, aren't you? Hoaglun: I'm -- I'm ready to go. Bernt: Okay. Council Member Joe Borton. Joseph W. Borton, he has been assigned the liaison role for Police and Human Resources and will also represent the Commission -- or, excuse me, represent the Council with the golf course committee and the Arts Commission. Any questions or concerns from Council Member Joseph W. Borton? Okay. Council Woman Jessica Perreault has been assigned the role -- the liaison role of Community Development, in association with that will represent the Council at COMPASS and Historical Preservation. COMPASS meets I believe once -- once a quarter and we will notify COMPASS, so that you can be -- you will receive direct e-mails from COMPASS Meridian City Council Meeting Agenda January 21, 2020 – Page 62 of 246 Meridian City Council January 7, 2020 Page 35 of 39 and they will send out their agenda and so pretty self explanatory after that. Any questions? All right. Council Woman Liz Strader. Are you ready? Strader: Yes. Bernt: Your liaison role is going to be with Public Works and Legal. You will be best buddies with our dear friend and cohort Bill Nary and also will represent the Council at SWAC and the Air Quality Board. Questions? Strader: Thank you. I really look forward to that. Bernt: I know that that's -- you were very passionate about that, so we are excited to have you play those roles. And last, but not least, my dear friend Council Member Luke Cavener and he is going to stay -- has agreed to stay with his existing roles with IT, the Clerk's Office and Finance, and will continue to represent Council at VRT and in its executive board and also the Transportation Commission. Do you have any questions? Cavener: Mr. President, I do actually just have a question. As I understand, I think Meridian has the opportunity for two seats on Valley Regional Transit's board. Bernt: So, what -- so -- so -- so Council Woman Milam used to be on that; right? Cavener: Correct. Bernt: Okay. So, you and someone else? Cavener: We need -- we need to -- Bernt: One more person. Cavener: -- bring in -- Mr. Mayor. Sorry. Simison: Councilman Cavener. Cavener: So -- and there has been much larger conversation happening about VRT and our board seats and that's a conversation for another day, but I would think it would be appropriate for us to bring another name to replace Council Member Milam at VRT. You know, we can have a conversation about keeping the existing Council Members on in different roles. I know we have done that from time to time. I know they are always probably willing to serve, but I think there is a value of making sure that this body is represented in those spots. Just if anything from the conversation that happens at Council meetings, either before or after, hey, here is what's going on at VRT, here is what's going on at COMPASS, here is what's going on at MDC, those types of things. I think we should lean towards having our Council -- Mayor and Council Members represented in that. Meridian City Council Meeting Agenda January 21, 2020 – Page 63 of 246 Meridian City Council January 7, 2020 Page 36 of 39 Simison: Councilman Cavener, that's what I was going to -- I had heard that there was an interest in having the Mayor serve in that role, because many of these other cities have mayors who serve in that role. I'm open to whatever conversation makes sense. But I would love with Council -- either offline we would talk about what makes sense. Cavener: Mr. Mayor, I would wholeheartedly support and welcome that. I think that we need -- as the second largest city we need to have your voice at VRT talking about public transit. So, if that's something that this body is supportive of, I'm definitely supportive of and we can just continue that conversation at a point in time, just knowing that we have that vacancy that will need to work with. Bernt: Mr. Mayor, are you -- it sounds like you want to -- to be the second. Simison: I'm willing to serve in that role if it makes sense to have the Mayor, because other mayors are present. You know, I mean if there is no conflicts with the other existing meetings that are there, whether it's -- and I assume not, that COMPASS and VRT have a lot of the same members. Bernt: Right. Simison: That would be my only question. I would like to see when those meetings are to make sure that they aren't going to cause a conflict with something else at this point in time, but, otherwise, I would be interested in taking on that role. Bernt: Follow up, Mr. Mayor. I would agree with -- with Council Member Cavener, if you are interested that makes sense to have you on there and have your voice there. So, unless there is anything that anyone else would like to discuss, I think that -- I think that makes sense. Simison: But we will follow up and if there is any problems, then, we can talk and we can find someone that we will bring back by next week. But we should be able to get an answer tomorrow morning from that standpoint. Bernt: One more thing, Mr. Mayor. So, those who are new, I would encourage the directors that -- to reach out to these new Council Members and also these new Council Members to reach out to these directors and -- and the departments and -- and it's quite often that we meet with them and we discuss things with them and so just to have that dialogue I think makes a lot of sense. So, other than that I think we are good. Simison: Mr. Nary, do you need any sort of a motion or direction to bring that back? Nary: Mr. Mayor, no, we will -- I took down all the notes of that. I will bring back a resolution next week for Council's approval with all those assignments, just so we have a record of it. Simison: Okay. Thank you. Meridian City Council Meeting Agenda January 21, 2020 – Page 64 of 246 Meridian City Council January 7, 2020 Page 37 of 39 Cavener: Mr. President? Sorry. A couple other follow-up questions just along that. Can we get a breakdown of who from Mayor and City Council will be represented on MDC, the new Mayor and City Council, they will continue to be represented on COMPASS. You mentioned Council Member Perreault, but I think we have three seats on COMPASS and we have MDC -- there are three seats on MDC. Simison: Council Member Bernt. Bernt: So, I believe that we have three seats at COMPASS and the three seats at COMPASS going forward would be -- would be the Mayor, myself and it would be Ms. Perreault. And it would be Charlie Rountree. He's been there. Unless -- unless we want to have -- unless we want to have another Council Member involved with -- with COMPASS, but Charlie's had a ton of experience with that -- with that board. He's -- he's served on the executive board for a lot of years and traveled with Mr. Stoll to different meetings, so -- but I'm open to that discussion. Cavener: Mr. President. Sorry. Mr. Mayor. Sorry, Mr. Mayor. My apologies. Simison: Councilman Cavener. Cavener: Council President Bernt, as long as the rhetoric is that it's not that Meridian City Council Members don't want to participate. Over the last few weeks I have had opportunity to engage with a few COMPASS members and there has always been a question about why we don't have more Council Members and they have always said they have been told it's because members of this board don't want to participate and I was surprised to hear that, because I think we all would be happy and willing to participate. So, I, for one, would be one that would be happy to participate in COMPASS. I would never -- I can't remember which one of you said that we walk on the shoulders of giants and Charlie Rountree is definitely a giant. I wouldn't take anything away from his expertise. I don't want him to feel like that he's there because nobody else in this body is willing to take on the responsibility. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: If you don't mind, I would be more than happy to reach out to Charlie and just have a discussion with him just to gauge his interest. I know that he's traveling a little bit more as a -- him and Nancy. I mean like -- are they in Hawaii right now? And so I will reach out to Charlie gauge his interest and get back to you, Mr. Mayor. Item 12: Future Meeting Topics Simison: Perfect. Last item, No. 12, future meeting topics. Any topics for future meetings? Meridian City Council Meeting Agenda January 21, 2020 – Page 65 of 246 Meridian City Council January 7, 2020 Page 38 of 39 Cavener: Oh, we got all -- let's wait. Simison: If not -- Bernt: One second. Mr. Mayor, one last thing about MDC. I forgot to mention MDC as well. So, I sit on MDC and the Mayor also sits on -- on MDC and so I know in the past we have had some lively discussion in regard to having Council Member representation on MDC. I have a meeting tomorrow with the Mayor and I will just chat with her about that as well. Cavener: Mayor? Bernt: The old -- Simison: Mayor Tammy. Bernt: Mayor Tammy. Simison: Mayor Tammy is still planning on serving in that role. A, there is nothing we can do to remove her from that role even if you want to and she would have to resign at that point time. Well, we -- so, she's planning on us continuing to serve. Her and I are meeting monthly probably right before or after those meetings to keep me up to speed on whatever the conversations are at MDC, but, you know, again, as Treg -- or Councilman Bernt mentioned, we can talk to Mayor Tammy tomorrow and get her understanding from that standpoint. With that do I have a final motion for the evening? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adjourn tonight's meeting. Hoaglun: Second. Simison: Motion and second to adjourn. All those in favor signify by saying aye. Opposed? We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:10 P.M. (AIJNO RECORDING ON FILE OF THESE PROCEEDINGS) :'ROVED �/rE IDIAN*,----IZDAHO CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 6 Item Title: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting Meeting Notes: 1/7/2020 City of Meridian - Public Hearing Sign In Form Tools internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=398 1/1 Details and Signatures For Public Hearing Hearing Date: 1/7/2020 Hearing Type: Public Forum Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2020 - City of Meridian, Idaho CjQ/rE IDIZ IAN,?- �J CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 7 A Item Title: Public Hearing Continued from December 3, 2019 for Silverstone Apartments (H-2019-0099) By Dave Evans Construction. Meeting Notes: to "Jk j o"* I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Estimated Time for P resentation: Title of I tem - Public Hearing Continued from December 3, 2019 for Silverstone Apartments (H-2019-0099) by D ave E vans Construction, Located at 4107 E . Overland Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taf f R eport 10/18/2019 A pplicant's Request for C ontinuance C over Memo 11/8/2019 S taff Memo 2019-12-02 C over Memo 12/2/2019 A pplicant's Request to W ithdraw Application B ackup Material 12/17/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.Weatherly, A drienne Approved 12/17/2019 - 8:34 A M Meridian City Council Meeting Agenda January 7, 2020 – Page 5 of 83 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 January 7, 2020 – Page 6 of 83 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 January 7, 2020 – Page 7 of 83 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 January 7, 2020 – Page 8 of 83 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 January 7, 2020 – Page 9 of 83 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 January 7, 2020 – Page 10 of 83 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 January 7, 2020 – Page 11 of 83 Page 7 Meridian City Council Meeting Agenda January 7, 2020 – Page 12 of 83 Page 8 Meridian City Council Meeting Agenda January 7, 2020 – Page 13 of 83 Page 9 Meridian City Council Meeting Agenda January 7, 2020 – Page 14 of 83 Page 10 Meridian City Council Meeting Agenda January 7, 2020 – Page 15 of 83 Page 11 Meridian City Council Meeting Agenda January 7, 2020 – Page 16 of 83 Page 12 Phase 1 DA No. 2018-012457 Meridian City Council Meeting Agenda January 7, 2020 – Page 17 of 83 Page 13 Meridian City Council Meeting Agenda January 7, 2020 – Page 18 of 83 Page 14 B. Previously Approved Site Plan from Original DA Inst. No. 2017-076698 Meridian City Council Meeting Agenda January 7, 2020 – Page 19 of 83 Page 15 C. Current Site and Landscape Plan from DA Addendum Inst. No. 2018-012457 Meridian City Council Meeting Agenda January 7, 2020 – Page 20 of 83 Page 16 D. Proposed Site Plan (dated: 06/28/2019) Remove residential building and replace with open space Meridian City Council Meeting Agenda January 7, 2020 – Page 21 of 83 Page 17 E. Proposed Landscape Plan (dated: 08/28/2019) Remove residential building and replace with open space Meridian City Council Meeting Agenda January 7, 2020 – Page 22 of 83 Page 18 F. Multi-Family Elevations (dated: 11/09/2019) Meridian City Council Meeting Agenda January 7, 2020 – Page 23 of 83 Page 19 Meridian City Council Meeting Agenda January 7, 2020 – Page 24 of 83 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 January 7, 2020 – Page 25 of 83 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 January 7, 2020 – Page 26 of 83 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 January 7, 2020 – Page 27 of 83 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 January 7, 2020 – Page 28 of 83 1 Adrienne Weatherly From:Bill Parsons Sent:Thursday, December 05, 2019 3:58 PM To:Chris Johnson; Adrienne Weatherly; Charlene Way Cc:Caleb Hood; Cameron Arial; Andrea Pogue; Bill Nary; Ted Baird Subject:FW: Silverstone Apartments Phase II - DA Mod (H-2019-0099) CUP Mod (H-2019-0104) Hello City Clerk Team, Below is the applicant’s request to formally withdraw the Silverstone Apartment MDA and MCU applications. Thank you, 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: Thursday, December 05, 2019 3:52 PM To: Bill Parsons <bparsons@meridiancity.org> Cc: Zach Evans <ZEvans@ZECinc.com>; 'luke@idahorealestatecenter.com' <luke@idahorealestatecenter.com>; Mysti Stelluto <MystiS@devansconstruction.com>; Deborah E. Nelson <den@givenspursley.com> Subject: Silverstone Apartments Phase II - DA Mod (H-2019-0099) CUP Mod (H-2019-0104) Bill, please consider this as a formal notice of our withdrawal of current applications for the Silverstone Apartments. This includes the DA Modification (H-2019-0099) and the CUP Modification (H-2019-0104). Let me know if you need anything else from us. 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 January 7, 2020 – Page 29 of 83 ( �� E IDIAN*,--IZ DAJ CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 7 B Item Title: Items Moved from January 7, 2020 Work Session Agenda Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: Estimated Time for P resentation: Title of I tem - Items M oved from J anuary 7, 2020 Work S ession Agenda C ouncil Notes: RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 1/3/2020 - 6:25 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 30 of 83 CjQ�EDAHO IDIZ IANn-- CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 8 A; 8 6; 8 C; 8 D Item Title: Swearing in of Newly Elected Officials A. Elizabeth Strader to City Council Seat 1 B. Brad Hoaglun to City Council Seat 3 C. Jessica Perreault to City Council Seat 5 D. Mayor Robert. E Simison Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time for P resentation: Title of I tem - Swear in City Councilmember Seat 1 E lizabeth S trader C ouncil Notes: RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 1/3/2020 - 6:25 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 31 of 83 OATH OF OFFICE I, Elizabeth Strader, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of City Council Member of the City of Meridian according to the best of my ability. Signed Subscribed and sworn to before me this 7th day of January, 2019 Chris ihnson, City Clerk OATH OF OFFICE I, Elizabeth Strader, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of City Council Member of the City of Meridian according to the best of my ability. L) Signed Subscribed and sworn to before me this 7th day of January, 2019 MKIf, qisfso.on, City Clerk e �3 rD I cD a" (D (D (D 7 rD O X rD 0- 0 a CU V N O N O E-4 v O s v Q C) 1 O -h rr S n rr l< O -h K (D _Q ED z 0- 0 O a� rt rD Ln rD v Ln 1 -I z m (A 2 m m O -n rr zT CD I r+ C)' OL) rh (D v s CD rD n rna' Z5 rD rr s rD o = Q 3 O O Cn m ED N rr O (D I -I T CD r -h O .p AQ l< iol (D v cn ? UQ (D Q (D rD �r cn : Q O n [D Q V (D - r �. N rD r+ O Q N r+ (D O O n r+ r+ zT -< (D O O n' (D (D O n � r+ n O n � O Z n_ O -h D CD 3 n' �- cn (D r+ -+, r+ O O r+ —h S CD r+ O O O —h 3 W. I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time for P resentation: Title of I tem - Swear in City Councilmember Seat 3 Brad Hoaglun C ouncil Notes: RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 1/3/2020 - 6:25 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 32 of 83 OATH OF OFFICE I, Brad Hoaglun, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of City Council Member of the City of Meridian according to the best of my ability. Signed Subscribed and sworn to before me this 7th day of January, 2019 ��o 4n, City Clerk OATH OF OFFICE I, Brad Hoaglun, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of City Council Member of the City of Meridian according to the best of my ability. Signed Subscribed and sworn to before me this 7th day of January, 2019 s Jo n, City Clerk 14 a) O 4- O O 4� c6 4 t �_ QJ a co t 4- O L O � O 4 � O 0 O c6 Q) O U N 4-J i d] N Ln Q) m m "a i O O N (Q Q E Q) Q) O U � C O U O U V) U cB 4� +�+ 0 t m0 � a U ' O U QJ +� — a) Q) w y... C U 0 O t�: () - O O X N U '}' O N (1) O NO U +�� _0 4 N •� S � U � z C6 � � � O Z �V) U -a UO a) O bio (1) ul L 4 a cB Y 4- t m o +� r of E wL- u O = �— E > O z O L a) � 4 t a co � CLO N 4 � O 0 O c6 Q) O U N 4-J i d] N Q) m m "a i O O N h�- Q) U i V) O cB 4� +�+ L! 0 LU U QJ +� � O w 4- w O Q) = X Q) � N U O zC: (1) Q) t z C6 � � � I TEM SHEET C ouncil Agenda I tem - 8.C . Presenter: Estimated Time for P resentation: Title of I tem - Swear in City Councilmember Seat 5 J essica P erreault C ouncil Notes: RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 1/3/2020 - 6:26 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 33 of 83 OATH OF OFFICE I, Jessica Perreault, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of City Council Member of the City of Meridian according to the best of my ability. �zz '4' Signed Subscribed and sworn to before me this 7th day of January, 2019 !i: OATH OF OFFICE I, Jessica Perreault, 'do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of City Council Member of the City of Meridian according to the best of my ability. Signed Subscribed and sworn to before me this 7th day of January, 2019 3 E H a c 4- O O � +� p Lj s U cB � a) � N s 4— 4- O L- Q) o +-j a,o �- o cn s N E Q) Q E a, O U >- c 4� =3 • U O V � 4, � � U O :5 O Q) U U -0 4- 0 O 4- (L) O a) 4-J >, s m G V O >` _ 4- _0 4- O a.., U a••+ +- C s � U LL 0 • 4+ U Vn (B 4 O • V 4- 4.a w p a � v L N O a) ".0 cn U p a n w a � zcu m cc s v -� 4-1 } cr� IL r1 `1 O � N W U aA — O a� Ln E N a) = o �-- z E H a Q) N s � +� s � a) .0 Q a,o �- o N O v a, s Ln L s � O N U -0 O G U >` 4- 0 a••+ +- C U LL � 4 O a: 4- w p N O N cn U p n w zcu cc -� cc a� `1 ca z aA — a� s 'n V cu I � - O cv i O co E H a I TEM SHEET C ouncil Agenda I tem - 8.D . Presenter: Estimated Time for P resentation: Title of I tem - Swear in M ayor Robert E. Simison C ouncil Notes: RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 1/3/2020 - 6:26 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 34 of 83 OATH OF OFFICE I, Robert E. Simison, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of Mayor of the City of Meridian according to the best of my ability, so help me God. Signed Subscribed and sworn to before me this 7th day of January, 2019. Chris e �� �/rE IDIZ IAN,*-- �J CITY COUNCIL REGULAR MEETING AGENDA January 7, 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 Ja n u a r y 7 , 2 0 2 0 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 Ex i s t i n g / A p p r o v e d Co n c e p t P l a n Proposed Concept Plan Changes to Agenda: None Item #10A: Ten Mile & McMillan – MDA (H-2019-0126) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 14.36 acres of land, zoned C-G, located off the NEC of N. Ten Mile Rd. & W. McMillan Rd. History: This property was annexed in 2003 with a DA that was later amended in 2007 with a new DA. Summary of Request: The Applicant requests a new DA to replace the existing DA (Inst. #108059800, Verona Commercial) to include a new conceptual development plan for a mix of uses including a senior living/multi-family development and commercial uses. The existing DA includes additional land area that is not the subject of this application that will remain in the existing agreement and/or has already been removed from the agreement. The existing (previously approved) plan for this site depicts 9 pad sites for future commercial structures. The provisions in the DA are primarily related to design requirements for the development because at that time, the City did not have design standards. The proposed plan consists of a senior living multi-family residential development on a 6+/- acre parcel at the northeast corner of the site with commercial pads along the frontage of Ten Mile & McMillan Roads on the remainder of the property. The commercial uses are anticipated to provide services and uses needed for nearby residents. The project is proposed to develop in multiple phases. Conceptual building elevations were submitted for the multi-family development as shown. The structure proposed across the northeast corner of the site is 2-stories in height, while the adjoining structures to the west & south are 4-stories in height. Staff is concerned about the massing of the 4-story structures in relation to the three (3) single-story structures to the east; however, there is a collector street, street buffer, and approximately 200+’ separation between the structures that should help to alleviate the issue. Additionally, only the ends of the 4-story structures will face the east toward the residences; therefore, unless public testimony from adjacent residents is presented otherwise, Staff doesn’t feel it’s an issue that should restrict the height of the structures below that allowed in the district (i.e. 65’). The final site and building design is required to comply with the design standards listed in UDC 11 -3A-19 and the Architectural Standards Manual. Access to the multi-family development is proposed via W. Milano Dr. and N. Corona Way, collector streets, in alignment with existing driveways on the opposite side of the street(s); access to the commercial lots is proposed via the existing curb cuts constructed by ACHD via Ten Mile Rd. and W. McMillan Rd., arterial streets, consistent with the previous concept development plan. Local str eet access is not available to this site. A cross-access/cross-parking easement agreement was previously required to be granted for all lots in the subdivision; however, Staff is unable to locate a copy of the agreement or verify that one exists. Therefore, Staff recommends a provision in the DA that one is submitted to the Planning Division prior to issuance of the first Certificate of Zoning Compliance for the development. (Note: The Applicant submitted a cross-access agreement after the staff report was issued but it specifically does not require cross-parking.) A subsequent conditional use permit application will be required for the multi-family development in the C-G zoning district as required by the UDC. Written Testimony: Tamara Thompson, Applicant’s Representative (in agreement w/staff report) Staff Recommendation: Approval Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0126, as presented in the staff report for the hearing date of January 7, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0126, as presented during the hearing on January 7, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0126 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #10B: Castlecreek Subdivision - MI (H-2019-0130) Application(s): ➢ Time Extension (preliminary plat) Size of property, existing zoning, and location: This site consists of 6.58 acres of land, zoned R-8, located at 2432 E. Amity Rd. History: This property was annexed and received preliminary plat approval in 2014; an administrative time extension was approved by the Director in 2016, which extended the time in which the final plat needed to be signed by the City Engineer by 2 years to August 12, 2018. The final plat was approved on Feb. 6th, 2018 but was not signed within the timeframe required and the preliminary plat expired. Summary of Request: The Applicant requests a 6 month time extension on the preliminary plat in order to obtain the City Engineer’s signature on the final plat, effective 6 months from the date of approval of the Order. If this request is not approved, the preliminary plat application would need to be re-submitted in its entirety and it would need to go through the whole public hearing process at the Commission and City Council again. The final plat is currently in the signature process. Staff is of the opinion the proposed extension would be most expedient for all parties involved. Written Testimony: Kent Brown, Applicant (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-2019-0130, as presented in the staff report for the hearing date of January 7, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0130, as presented during the hearing on January 7, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0130 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance.) �/rE IDIZ IAN,! �J CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 10 A Item Title: Public Hearing for Ten Mile and McMillan (H-2019-0126) By Northwest Development Company. Located off the Northeast Corner of N. Ten Mile Rd and W. McMillan Rd. 1. Request for a Modified Development Agreement to remove the subject 14.36 acre property from the boundary of the existing agreement (Verona Commercial Inst. #108059800) for the purpose of entering into a new agreement consistent with the proposed development plan. Meeting Notes: F1 I TEM SHEET C ouncil Agenda I tem - 10.A . Presenter: Estimated Time for P resentation: 0 Title of I tem - Public Hearing for Ten M ile and M cM illan (H-2019-0126) by Northwest D evelopment Company, L ocated off the Northeast Corner of N. Ten M ile Rd. and W. M c M illan Rd. C lic k Here for Applic atio n 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 taf f R eport 1/3/2020 RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 1/3/2020 - 6:27 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 35 of 83 1/7/2020 City of Meridian - Public Hearing Sign In Form Tools internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=405 1/2 Details and Signatures For Public Hearing Hearing Date: 1/7/2020 Hearing Type: Council Item Number: 10-A Project Name: Ten Mile and McMillan MDA Project No.: H-2019-0126 Active: Signature Name Address HOA Name HOA Represent For Neutral Against I Wish To Testify Sign In Date/Time Matt naumann 9090 w teakwood X 1/7/2020 5:56:21 PM W. Tylere Brennan 398 s. 9th street Boise X 1/7/2020 5:56:37 PM Dave Winder 3812 S lamone way X 1/7/2020 5:59:37 PM Travis Stroud 1980 S meridian rd X 1/7/2020 6:00:10 PM Diane Moerer 2802 W Turin Court Verona 2 X 1/7/2020 6:03:27 PM Karen hansen 2898 west Turin Ct meridian Verona 2 X 1/7/2020 6:03:31 PM 1/7/2020 City of Meridian - Public Hearing Sign In Form Tools internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=405 2/2 David Moerer 2802 W Turin Court, Meridian Verona 2 X 1/7/2020 6:04:41 PM Dan Votroubek 2877 W Turin Ct Verona 2 HOA X X 1/7/2020 6:06:53 PM Sheryl Tolman 2695 W. McMillan Road X X 1/7/2020 6:13:09 PM Teresa Kaufman 2811 W Turin Ct.Bridgetower X 1/7/2020 6:13:50 PM Go Back To List Export To Excel © 2020 - City of Meridian, Idaho Page 1 HEARING DATE: 1/7/2020 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0126 Ten Mile and McMillan - MDA LOCATION: Off the northeast corner of N. Ten Mile Rd. and W. McMillan Rd. I. PROJECT DESCRIPTION Request for a new Development Agreement to replace the existing Development Agreement (Inst. #108059800, Verona Commercial) to include a new conceptual development plan for a mix of uses including a senior living/multi-family development and commercial uses. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORATION A. Applicant: Northwest Development Company – 1980 S. Meridian Rd., Meridian, ID 83642 B. Owner: Prime Desert Properties – 16850 Bear Valley Rd., Victorville, CA 92395 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 14.36 Current Zoning C-G Neighborhood meeting date; # of attendees: 10/09/2019; 6 attendees History (previous approvals) AZ-03-005 (DA #103097612); MI-07-013 (amended DA #108059794, Verona Commercial); RZ-07-017 (new DA #108059800, Verona Commercial); PP-07-022; FP-08-010; A-2019-0290 (PBA, ROS #12081) Meridian City Council Meeting Agenda January 7, 2020 – Page 36 of 83 Page 2 C. Representative: Tamara Thompson, The Land Group – 462 E. Shore Dr., Ste. 100, Eagle, ID 83616 IV. NOTICING City Council Posting Date Newspaper notification published 12/20/2019 Radius notification mailed to property owners within 300 feet 12/17/2019 Public hearing notice sign posted on site 12/18/2019 Nextdoor posting 12/17/2019 V. STAFF ANALYSIS The Applicant proposes to remove the property described in Section VII.A from the existing Development Agreement (DA) (Inst. #108059800) for inclusion in a new DA with a new conceptual development plan and building elevations (see Section VII.B, C). The existing DA includes additional land area that is not the subject of this application that will remain in the existing agreement and/or has already been removed from the agreement. The existing (previously approved) plan for this site is included in Section VII.B and depicts 9 pad sites for future commercial structures. The provisions in the DA are primarily related to design requirements for the development because at that time, the City did not have design standards. The proposed plan is included in Section VII.C and consists of a senior living multi-family residential development on a 6+/- acre parcel at the northeast corner of the site with commercial pads along the frontage of Ten Mile and McMillan Roads on the remainder of the property. The commercial uses are anticipated to provide services and uses needed for nearby residents. The project is proposed to develop in multiple phases. Staff recommends as a provision of the new DA that future development substantially complies with the concept plan submitted. Conceptual building elevations were submitted for the multi-family development as shown in Section VII.D. The structure proposed across the northeast corner of the site is 2-stories in height, while the adjoining structures to the west and south are 4-stories in height. Staff is concerned about the massing of the 4-story structures in relation to the three (3) single-story structures to the east; however, there is a collector street, street buffer, and approximately 200+’ separation between the structures that should help to alleviate the issue. Additionally, only the ends of the 4-story structures will face the east toward the residences; therefore, unless public testimony from adjacent residents is presented otherwise, Staff doesn’t feel it’s an issue that should restrict the height of the structures below that allowed in the district (i.e. 65’). The final site and building design is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. Access to the multi-family development is proposed via W. Milano Dr. and N. Corona Way, collector streets, in alignment with existing driveways on the opposite side of the street(s); access to the commercial lots is proposed via the existing curb cuts constructed by ACHD via Ten Mile Rd. and W. McMillan Rd., arterial streets, consistent with the previous concept development plan. Local street access is not available to this site. A cross-access/cross-parking easement agreement was previously required to be granted for all lots in the subdivision; however, Staff is unable to locate a copy of the agreement or verify that one exists. Therefore, Staff recommends a Meridian City Council Meeting Agenda January 7, 2020 – Page 37 of 83 Page 3 provision in the DA that one is submitted to the Planning Division prior to issuance of the first Certificate of Zoning Compliance for the development. A subsequent conditional use permit application will be submitted for the multi-family development in the C-G zoning district in accord with UDC Table 11-2B-2. VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VIII. VII. EXHIBITS A. Legal Description and Exhibit Map for Property Subject to New Development Agreement: Meridian City Council Meeting Agenda January 7, 2020 – Page 38 of 83 Page 4 B. Existing Development Agreement Provisions & Conceptual Development Plan Meridian City Council Meeting Agenda January 7, 2020 – Page 39 of 83 Page 5 Meridian City Council Meeting Agenda January 7, 2020 – Page 40 of 83 Page 6 C. Proposed Conceptual Development Plan Meridian City Council Meeting Agenda January 7, 2020 – Page 41 of 83 Page 7 D. Conceptual Building Elevations for Multi-Family Development Meridian City Council Meeting Agenda January 7, 2020 – Page 42 of 83 Page 8 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. A new Development Agreement shall be required for this property that incorporates the Sprovisions listed below. Said agreement shall be signed by the property owner(s) and returned to the City within six (6) months of the City Council granting the subject modification in accord with UDC 11-5B-3F.2. a. Future development of the subject property shall be generally consistent with the conceptual development plan and building elevations contained herein. b. Development of the subject property (i.e. site design and building design) is required to comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. c. An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development, including the parcel at the southwest corner of this site that is not subject to this agreement. A recorded copy of said easement agreement shall be submitted to the Planning Division prior to issuance of the first Certificate of Zoning Compliance application for the site. Meridian City Council Meeting Agenda January 7, 2020 – Page 43 of 83 ( �� E IDIZ IA, -N-- DAHO CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 10 B Item Title: Public Hearing for Castlecreek Subdivision (H-2019-0130) By Northwest Ventures, LLC. Located at 2432 E. Amity Rd. 1. Request a City Council Review for the purpose of extending the expired plat to allow a 6 -month extension to obtain the City Engineer's signature on the final plat. Meeting Notes: M'" � 1 1. ''. I TEM SHEET C ouncil Agenda I tem - 10.B . Presenter: Estimated Time for P resentation: Title of I tem - Public Hearing for C astlecreek Subdivision (H-2019-0130) by Northwest Ventures, L L C, Located at 2432 E. Amity Rd. C lic k Here for Applic atio n 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 taf f R eport 12/26/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.Weatherly, A drienne Approved 12/26/2019 - 12:08 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 44 of 83 1/7/2020 City of Meridian - Public Hearing Sign In Form Tools internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=381 1/1 Details and Signatures For Public Hearing Hearing Date: 1/7/2020 Hearing Type: Council Item Number: 10-B Project Name: Castlecreek Project No.: H-2019-0130 Active: Signature Name Address HOA Name HOA Represent For Neutral Against I Wish To Testify Sign In Date/Time Matt naumann 9090 w teakwood X 1/7/2020 5:57:00 PM W. Tylere Brennan 398 S. 9thSt Boise X 1/7/2020 5:57:40 PM Dave Winder 3812 S lamone Way X 1/7/2020 6:00:32 PM Travis Stroud 1980 S Meridian Rd X 1/7/2020 6:00:53 PM Go Back To List Export To Excel © 2020 - City of Meridian, Idaho Page 1 HEARING DATE: 1/7/2020 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Castlecreek Subdivision H-2019-0130 LOCATION: 2432 E. Amity Rd. (SE ¼ of Section 29, T.3N., R.1E) I. PROJECT DESCRIPTION The Applicant requests City Council review for the purpose of extending the preliminary plat to allow a 6 month extension of time in order to obtain the City Engineer’s signature on the final plat. The plat consists of 19 building lots and 5 common lots on 6.58 acres of land in the R-8 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 6.58 Future Land Use Designation MDR (3-8 units/acre) Existing Land Use(s) Single-family residential home/agricultural land Proposed Land Use(s) Single-family residential Lots (# and type; bldg./common) 19 building/5 common Phasing Plan (# of phases) 1 Number of Residential Units (type of units) 19 (detached) Density (gross & net) 2.89 gross/3.2 net Open Space (acres, total [%]/buffer/qualified) 1.36 acres/59,394.5 square feet (21%) Amenities 5% additional open space above the minimum required Physical Features (waterways, hazards, flood plain, hillside) The Ten Mile Creek runs along the northeast boundary of the site Neighborhood meeting date; # of attendees: Not required STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda January 7, 2020 – Page 45 of 83 Page 2 Description Details Page History (previous approvals) AZ-14-009 (DA #2014-091176); PP-14-009; H-2017-0150 (FP) B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Northwest Ventures, LLC – 1980 S. Meridian Rd., Ste. 140, Meridian, ID 83642 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda January 7, 2020 – Page 46 of 83 Page 3 B. Owner: Same as Applicant C. Representative: Kent Brown, Kent Brown Planning – 3161 E. Springwood Dr., Meridian, ID 83642 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published 12/20/2019 Radius notification mailed to property owners within 300 feet 12/17/2019 Applicant posted public hearing notice sign on site 12/23/2019 Nextdoor posting 12/17/2019 V. STAFF ANALYSIS The preliminary plat (PP-14-009) for this subdivision was approved on August 12, 2014 and was set to expire on August 12, 2016. An administrative time extension (A-2016-0211) was approved on June 21, 2016 that extended the time the final plat needed to be signed by the City Engineer by two years, to expire on August 12, 2018. The final plat (H-2017-0150) was approved on February 6, 2018. The Applicant requests a 6 month time extension on the preliminary plat in order to obtain the City Engineer’s signature on the final plat, effective 6 months from the date of approval of the Order. If this request is not approved, the preliminary plat application would need to be re-submitted in its entirety and it would need to go through the whole public hearing process at the Commission and City Council again. The final plat is currently in the signature process. Staff is of the opinion the proposed extension would be most expedient for all parties involved. VI. DECISION A. Staff: Staff recommends approval of the proposed 6 month extension of time in order to obtain the City Engineer’s signature on the final plat. Meridian City Council Meeting Agenda January 7, 2020 – Page 47 of 83 Page 4 VII. EXHIBITS A. Approved Preliminary Plat (dated: 4/30/14) Meridian City Council Meeting Agenda January 7, 2020 – Page 48 of 83 Page 5 B. Approved Final Plat (date: 11/14/2017) VIII. CONDITIONS 1. The Applicant shall obtain the City Engineer’s signature on the final plat within 6 months (by July 21, 2020). Meridian City Council Meeting Agenda January 7, 2020 – Page 49 of 83 �jQE IDIZ IANfi-- DAHO CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 1,() C - Item Title: Police Department: Internet Crimes Against Children Memorandum of Understanding 2020. Meeting Notes: 9 - I TEM SHEET C ouncil Agenda I tem - 10.C. Presenter: Lt. L eslie Estimated Time for P resentation: 10 Title of I tem - Police D epartment: Internet C rimes Against C hildren M emorandum of Understanding 2020 Police Department - I C A C MO U 2020 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nternet Crimes A gainst Children MO U C over Memo 12/31/2019 RE V I E WE RS : Department R eviewer Action D ate P olice Weatherly, A drienne Approved 12/19/2019 - 10:37 A M P olice S cott, Tamara Approved 12/19/2019 - 1:49 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 50 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 51 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 52 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 53 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 54 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 55 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 56 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 57 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 58 of 83 Colleen D. Zahn colleen.zahn@ag.idaho.gov Meridian City Council Meeting Agenda January 7, 2020 – Page 59 of 83 31. Effective Date: This MOU, including Appendices A through D, supersedes all previous MOUs and shall be in full force and effect from the date of the last signature affixed below. Signature: Dated Name: Title: Office of the Attorney General Signature: Agency Head Dated ` Name: 11(Yll t'1 Title: Mayor Agency: City of Meridian Attest: ED AUGUST L A 01V Of d Chr s Jo , i erk$ ID� IDAHO � SEAL O� \P MEMORANDUM OF UNDERSTANDING (6/18/19) -10 Meridian City Council Meeting Agenda January 7, 2020 – Page 61 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 62 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 63 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 64 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 65 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 66 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 67 of 83 Meridian City Council Meeting Agenda January 7, 2020 – Page 68 of 83 ( > E IDIZ IA�t +-- CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number:10 D Item Title: City Council: Election of New City Council Officers and Department Liaison Appointments Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 10.D. Presenter: Estimated Time for P resentation: Title of I tem - City Council: E lection of New C ity C ouncil Officers and Department Liaison Appointments C ouncil Notes: RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 1/3/2020 - 6:26 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 69 of 83 �/rE IDFZ IA,---N- DAHO CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 11 A Item Title: Ordinance No. 20-1868 For (H-2019-0099 - Inglewood Place Subdivision) For Annexation Of A Parcel Of Land Situated In The SW 1/4 of the SW 1/4 Of Section 21, Township 3 North, Range 1 East, 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 10.29 Acres Of Land From RUT To C -C (Commercial Business) (3.761) And R-15 (Medium -High Density Residential) (6.532 Acres) Zoning Districts 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 Inglewood Annexation ordinance Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 11.A . Presenter: Chris J ohnson Estimated Time for P resentation: 2 minutes Title of I tem - Ordinance No. 20-1868: An Ordinance (H-2019-0099 – Inglewood P lace Subdivision) F or Annexation Of A P arcel Of Land Situated In T he S W ¼ of the S W ¼ Of Section 21, Township 3 North, Range 1 East, B oise M eridian, Ada County, Idaho, As D escribed In Attachment “A” And Annexing Certain L ands And Territory, S ituated In Ada C ounty, Idaho, And Adjacent And Contiguous To T he Corporate L imits Of T he C ity Of M eridian As Requested B y T he City Of M eridian; Establishing And D etermining T he Land Use Zoning Classification of 10.29 Acres Of L and From RUT To C-C (C ommercial Business) (3.761) And R-15 (M edium-High Density Residential) (6.532 Acres) Zoning Districts In T he M eridian City Code; P roviding T hat C opies Of T his Ordinance S hall 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 P roviding F or A Summary Of T he O rdinance; And P roviding For A Waiver Of T he Reading Rules; And P roviding An E ffective D ate. I nglewood A nnexation ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nglewood Annexation Ordinance Ordinance 12/18/2019 I nglewood E xhibit A to Ord E xhibit 12/18/2019 I nglewood E xhibit B to Ord E xhibit 12/18/2019 I nglewood Annexation S ummary Ordinance 12/18/2019 RE V I E WE RS : Department R eviewer Action D ate L egal.Weatherly, A drienne Approved 12/18/2019 - 6:56 P M L egal.A lbertson, Michelle Approved 12/23/2019 - 12:11 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 70 of 83 ADA COUNTY RECORDER Phil McGrane BOISE IDAHO Pgs=6 BONNIE OBERBILLIG CITY OF MERIDIAN. IDAHO ADA COUNTY RECORDER Phil McGrane BOISE IDAHO Pgs=4 VICTORIA BAILEY CITY OF MERIDIAN, IDAHO Re -Record to include'Exhibit "B" Last Page CITY OF MERIDIAN ORDINANCE NO. 20-1868 2020-008152 01/22/2020 08:04 AM NO FEE 2020-002499 01/08/2020 12:15 PM NO FEE BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMERS LITTLE ROBERTS AN ORDINANCE (H-20190099 — INGLEWOOD PLACE SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND SITUATED IN THE SW '•Y OF THE SW % OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, 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 10.29 ACRES OF LAND FROM RUT TO C -C (COMMERCIAL BUSINESS) (3.761) AND R45 (MEDIUM-HIGH DENSITY RESIDENTIAL) (6.532 ACRES) ZONING DISTRICTS 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 MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTIONI. That the following described land asevidencedbyattached Legal Description herein incorporated by reference as Exhibit "Aj' 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; The Pointe at.Meridian, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C-.0 (Commercial Business) (3.761) and R-15 (Medium -High Density Residential) (6.532 Acres) Zoning Districts 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 Cityhas .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. Thatthe CityEngiIheer is hereby directedto 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, ADA COUNTY RECORDER Phil McGrane 2020-002499 BOISE IDAHO Pgs=4 VICTORIA BAILEY 01/08/2020 12:15 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 20-1868 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2019-0099 — INGLEWOOD PLACE SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND SITUATED IN THE SW % OF THE SW 1/ OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, 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 10.29 ACRES OF LAND FROM RUT TO C -C (COMMERCIAL BUSINESS) (3.761) AND R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) (6.532 ACRES) ZONING DISTRICTS 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 MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" 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: The Pointe at Meridian, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C -C (Commercial Business) (3.761) and R-15 (Medium -High Density Residential) (6.532 Acres) Zoning Districts 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 S. 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. 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 7th day of January , 2020. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7th day of January , 2020. i (i I OSP, eo ADGv0, AYOR BER E. SIMISON ATTEST: o�Q /IQ 2 01 City of �./y � E ID1AN'�" 4 N, CITY the STATE OF IDAHO, ) ) ss: County of Ada ) On this 7th day of January , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON 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. CHARLENE WAY (SEAL) COMMISSION 067390 NOTARY PUBLIC FOR IDA NOTARY PUBLIC RESIDING AT: Meridian STATE OF IDAHO MY COMMISSION EXPIRES: ' a%S-ZO2-z MY COMMISSION EXPIRES 3/28/22 ANNEXATION ORDINANCE — INGLEWOOD PLACE SUBDIVISION (H 2019-0099) Page 2 of 2 EXHIBIT A Inglewood Place Subdivision H-2019-0099 Page 1 Annexation & Zoning Legal Descriptions Meridian City Council Meeting Agenda January 7, 2020 – Page 73 of 83 Inglewood Place Subdivision H-2019-0099 Page 2 Meridian City Council Meeting Agenda January 7, 2020 – Page 74 of 83 EXHIBIT B Annexation & Zoning Map ENGINEERS. THISPISTRUIIENTIS THE PROPERTY OFT-0ENGMERS.ANY REPRODUCTIORREUSE ORMODIF=TDNOFTt4SWRUMBTIOR[IS GONIENISvnItMIS7'tGIrK:YY70IItPIt nxlTx-wEN5'Ih'-M9iSIWILYI`KkkWIt LOCATED IN A PORTION OF THE SWIM OF THE SW114 OF SECTION 21, A TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2019 IS1/16COR. 75 0 75 ISO tD t7i n S89'36'02"E 800.02' to 292.36' 5 0 N Z W) �to O 3 t O LqP \ Z�-\ �Z K :xisUng 48' Right—of—way/ // / ,�1 / / / 1 107.73' N89'36'01"W 800.02' E. VICTORY RD. 589'36'01"E 2657.24' Inglewood Place Subdivision H-2019-0099 page 1 1857.22' 114 COR. PAGE 3OF3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 20-1868 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a parcel of land, for annexation purposes, situated in a portion of the SW 1/4 of the SW 1/4 of Section 21, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 10.29 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 the 7th day of January , 2020. Ciq-aMrhmon, Mayor anCouncil By: Chris City Clerk First Reading: I -7-Z6) Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES `Q NO Second Reading: )U Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 20-1868 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. 20-1868 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 -Vt" day of Y1 Y , 2020. /JiM4 • William. L.M. Nary City Attorney ORDINANCE SUMMARY - INGLEWOOD PLACE SUBDIVISION (H-2019-0099) �jQ/rE IDIZ IA,-----N DAJ CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 11 B Item Title: Ordinance No. 20-1869 (H-2019-0098 - 840 E. Ustick Road) For Annexation of a Parcel of Land Being A Portion Of The SW 1/4 SE 1/4 Of Section 31, Township 4 North, Range 1 East, 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 2.29 Acres Of Land From RUT to R-2 (Low 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; 840 E. Ustick Rd. Annexation Ordinance Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 11.B . Presenter: Chris J ohnson Estimated Time for P resentation: Title of I tem - Ordinance No. 20-1869: An Ordinance (H-2019-0098 – 840 E . Ustick Road) F or Annexation of a P arcel of L and B eing A P ortion Of T he S W ¼ S E ¼ Of Section 31, Township 4 North, Range 1 E ast, B oise M eridian, Ada C ounty, Idaho, As D escribed In Attachment “A” And Annexing Cer tain L ands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To T he Corporate L imits Of T he City O f M eridian As Requested By T he C ity Of M eridian; E stablishing And Determining T he L and Use Zoning Classification Of 2.29 Acres Of Land F rom RUT to R-2 (L ow Density Residential) Zoning D istrict In T he M eridian C ity C ode; Providing T hat Copies Of T his Ordinance S hall B e F iled With T he Ada County 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 Effective D ate 840 E. Ustick Rd A nnexation O rdinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate 840 E . Ustick Rd A nnexation Ordinance Ordinance 12/19/2019 840 E . Ustick Rd., E xhibit A E xhibit 12/19/2019 840 E . Ustick Rd., E xhibit B E xhibit 12/19/2019 840 E , Ustick Rd S ummary Ordinance 12/19/2019 RE V I E WE RS : Department R eviewer Action D ate L egal.Weatherly, A drienne Approved 12/19/2019 - 1:57 P M L egal.A lbertson, Michelle Approved 12/23/2019 - 12:12 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 77 of 83 ADA COUNTY RECORDER Phil McGrane 2020-002510 BOISE IDAHO Pgs=4 VICTORIA BAILEY 01/08/2020 12:19 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 20-1869 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER, AN ORDINANCE (H-2019-0098 — 840 E. USTICK ROAD) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE SW 1/4 SE 1/40F SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, 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 2.29 ACRES OF LAND FROM RUT TO R-2 (LOW 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 MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" 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: Scott Lamm, Silver Maple Farms, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-2 (Low 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. 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 7th day of Jan 2020. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7th day of January , 2020. RIM �;,IEDAUG�,J . ATTES �Qo City of LP , E IDIZ IANC i IDAHO / CH S JO N , CITY CLERK, SEAL "! STATE OF IDAHO, ) ) ss: County of Ada ) SIMISON On this 7th day of January , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON 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. CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 ch"kyw Waif - NOTARY PUBLIC FOR IDAHO '\, RESIDING AT: Meridian, Idaho MY COMMISSION EXPIRES: 3-28-2022 ANNEXATION ORDINANCE — 840 E. Ustick Road (H 2019-0098) Page 2 of 2 EXHIBIT A 840 E. Ustick H-2019-0098 Page 1 Annexation & Zoning Legal Description Meridian City Council Meeting Agenda January 7, 2020 – Page 78 of 83 EXHIBIT B 840 E. Ustick H-2019-0098 Page 1 Annexation & Zoning Map Meridian City Council Meeting Agenda January 7, 2020 – Page 79 of 83 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 20-1869 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a parcel of land being a portion of the SW 1/4 of the SE 1/4 of Section 31, Township 4 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 2.29 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 shalme effective on the 7th day of anuary , 2020. o - Mayor anqty Council By: Chri Johnson, City Clerk 11 First Reading: 1-7-2O City of E IDiZ IAN' I 1 DAHO SEAL the TRE t*� Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES N Second Reading: /J Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 20-1869 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. 20- 1869 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 7th day of January , 2020. �jcd)-- . William. L.M. Nary City Attorney ORDINANCE SUMMARY - 840 E. USTICK RD (11-2019-0098) �jQ�EDAH IDIAN+<- CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 11 C Item Title: Ordinance No. 20-1870 An Ordinance Amending Meridian City Code as Codified at Title 11, To amend the Maximum Street Length for Dead End Streets (Cul -De - Sacs) Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 11.C . Presenter: Chris J ohnson Estimated Time for P resentation: 2 minutes Title of I tem - Ordinance No. 20-1870: An Ordinance Amending M eridian C ity C ode As C odified At Title 11, To Amend T he M aximum S treet L ength F or D ead-E nd Streets (C ul-De- Sacs); And P roviding F or A Waiver Of T he Reading Rules; And Providing An Effective D ate. Ordinance f or Cul-d-S ac length change C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Ord f or cul-d-sac change Ordinance 12/23/2019 S ummary f or Cul-d-sac change Ordinance 12/23/2019 RE V I E WE RS : Department R eviewer Action D ate L egal.Weatherly, A drienne Approved 12/23/2019 - 12:35 P M L egal.A lbertson, Michelle Approved 1/2/2020 - 2:06 P M Meridian City Council Meeting Agenda January 7, 2020 – Page 80 of 83 CUL -DE -SAC LENGTH UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0107 PAGE 1 OF 2 CITY OF MERIDIAN ORDINANCE NO. 20-1870 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, TO AMEND THE MAXIMUM STREET LENGTH FOR DEAD-END STREETS (CUL-DE-SACS); AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code 11-6C-3B4, Unified Development Code, be amended 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 shallmay serve a maximum of twentythirty (230) 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. Meridian City Council Meeting Agenda January 7, 2020 – Page 81 of 83 500' Maximum Physical Barrier Pathway Connection, Typical Lot, Typical 750' Maximum With Council Approval Section 4. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 5. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 7th day of January, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of January, 2020. APPROVED: (3�z �4� R ert t Sim' on,)MYor CUL-DE-SAC LENGTH UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE —H 2019-0107 PAGE 2 OF 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 20-1870 An Ordinance Amending Meridian City Code As Codified At Title 11, Amending Meridian City Code 11-6C-3134 Regarding the Maximum Street Length for Dead -End Streets (Cul -De - Sacs); And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, jeridian, Idaho. This ordinance shall become effective upon the passage and publication. City c f Wridi Mayor and Ci ouncil By: Chris John n, City Clerk First Reading: 1-7-2,0 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. 20-1870 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. 19-1870 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 7th day of January, 2020. William. L.M. Nary City Attorney ORDINANCE SUMMARY FOR UDC TEXT AMENDMENT PERTAINING TO CUL-DE-SAC LENGTHS H-2019-0107 EIDIAN*,-.--- CITY COUNCIL REGULAR MEETING AGENDA January 7, 2020 Agenda Item Number: 12 Item Title: Future Meeting Topics Meeting Notes: