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2020-05-19 Regular
CITY COUNCIL REGULAR MEETING MINUTES .��WEIIDIAN,7_-- https://meridiancity.org/virtuaImeeting Tuesday, May 19, 2020 at 6:00 PM Called to Order at 6:10 pm Item 1: Join the Meeting at https://us02web.zoom.us/j/89365592278 or by calling 253-215-8782, Webinar ID 893 6559 2278 Item 2: Roll-Call Attendance X Liz Strader X Joe Borton X Brad Hoaglun _`Treg Bernt X Jessica Perreault X Luke Cavener X Mayor Robert E.Simison Item 3: Pledge of Allegiance Item 4: Community Invocation with Steve Moore of Ten Mile Christian Church Item 5: Adoption of Agenda - Adopted Item 6: Future Meeting Topics Item 7: Action Items A. Public Hearing for Frazier Council Review (H-2020-0011) by Nick Frazier, Located at 5343 N. Maplestone Ave. — Request Withdrawn 1 . Request: Council Review to review Director's approval of an Accessory Use for Daycare, Family (A-2019-0388). B. Public Hearing Continued from May 5, 2020 for Idaho Central Credit Union (H-2020-0016) by Idaho Central Credit Union, Located at 3152 W. Peak Cloud Ln. - Approved 1. Request: Modification to the Existing Development Agreement for TM Creek Subdivision (Inst. 2017-113747) to update the conceptual development plan for the site to allow for the development of a financial institution with a drive-through. C. Public Hearing Continued from April 14, 2020 for Andorra Senior Living (H-2019-0127) by Sawtooth Development Group, LLC, Located at 715 & 955 S. Wells St. and 971 E. Wells Circle - Approved 1. Request: Annexation of 16.99 acres of land with TN-R zoning with a conceptual development plan for a senior (age 55 and older) living community consisting of (76) single-family dwelling units and a 3-story apartment building with 88 dwelling units and a building footprint of 30,000 square feet; and, 2. Request: Request to Vacate existing ACHD right-of-way (un- named cul-de-sac) consisting of 0.45 of an acre of land that lies between the properties located at 715 and 955 S. Wells St. & 971 E. Wells Circle. Item 8: Ordinances [Action Item] A. Ordinance No. 20-1880: An Ordinance (H-2019-0134 Hill's Century Farm North) for Rezone of a Parcel of Land Being a Portion of the North '/2 of the Northwest '/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 39.9 Acres of Land From R-8 (Medium Density Residential) Zoning District to C-N (Neighborhood Business) Zoning District (4.9 Acres), C-C (Community Business) Zoning District (4.35 Acres) and R-15 (Medium High Residential) Zoning District (30.65 Acres) 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 - Approved Item 7: Future Meeting Topics Meeting Adjourned at 9:30 pm Meridian City Council May 19, 2020. A Meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday, May 19, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Treg Bernt. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Caleb Hood, Bill Parsons and Joe Bongiorno. Item 1: Join the Meeting at https://us02web.zoom.us/j/89365592278 or by calling 253-215-8782, Webinar ID 893 6559 2278 Item 2: Roll-call Attendance: Liz Strader X Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Okay. With that I will call this meeting to order. For the record is Tuesday, May 19th, 2020, at 6:10 p.m. We will begin this meeting with roll call attendance. Cavener: Steve, you might want to turn off -- there we go. Sorry, Mr. Mayor. Item 3: Pledge of Allegiance Simison: No problem. Item No. 3 is the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 4: Community Invocation with Steve Moore of Ten Mile Christian Church Simison: Council, I'm not going to lie, I think that was our best performance and maybe having Council President Bernt not present was -- Item No. 4 is our community invocation. I see we have Pastor Moore with Ten Mile Christian with us. If you all would, please, join in the invocation or take this as -- Moore: This is Steve Moore and I'm hearing lots of static, but I will give it a try here. Dear God -- Meridian City Council Meeting Agenda June 2,2020— Page 29 of 263 Meridian City Council May 19,2020 Page 2 of 54 Simison: Pastor Moore, I think it's not going to work with whatever is going on electronically this evening. So, I will just say thank you for the attempt and we will just have to move on to our next item this evening. Item 5: Adoption of Agenda Simison: With that, Council, ask for Item 5, adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We don't have any changes to our agenda this evening, so I move that the agenda be approved as written. Cavener: Second. Borton: Second. Hoaglun: As written. Thank you. Simison: I have a motion and a second to adopt the agenda is published. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. The agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Future Meeting Topics Simison: Adrienne, did we have anybody sign up under future meeting topics? Weatherly: Mr. Mayor, we did not. Item 7: Action Items A. Public Hearing for Frazier Council Review (H-2020-0011) by Nick Frazier, Located at 5343 N. Maplestone Ave. 1. Request: Council Review to review Director's approval of an Accessory Use for Daycare, Family (A-2019-0388). Simison: Okay. Then we will move into Item 7-A, public hearing for Frazier Council Review H-2020-0011 and I will turn this over to Caleb Hood. Hood: Thank you, Mr. Mayor, Members of Council. You have before you a public hearing for an appeal of your decision on March 24th to revoke an accessory use permit for an in Meridian City Council Meeting Agenda June 2,2020— Page 30 of 263 Meridian City Council May 19,2020 Page 3 of 54 home daycare. So, I'm going to run through the timeline with you real quick and, then, a little bit of the next steps procedurally for this hearing tonight. So, on December 30th planning received an application for an accessory use permit for a proposed home occupation daycare for six or fewer children at 5343 North Maplestone Avenue. The applicant was Mrs. Elisabeth Songe. That -- that address is in Jump Creek Subdivision just off of Black Cat north of McMillan. On January 2nd planning did issue approval of that request, subject to compliance with Meridian City Code 11-439, which is our daycare standards. In the R-8 zone residents can operate an in home daycare with that administrative approval for an accessory use permit. On January 22nd planning did receive a City Council review application, also known as an appeal, and I will probably refer to it as that going forward, of that daycare approval from Mr. Nick Frazier, an adjacent property owner. On March 24th that appeal hearing was held. During the meeting the Council voted to reverse the director's decision to approve the daycare due to insufficient evidence that a neighborhood meeting was ever held by the applicant. Further, the Council directed staff to refund Mr. Frazier his appeal fee of 692 dollars. On March 27th staff did issue -- wrote and -- and sent a revocation letter to Mrs. Songe stating that she needed to cease the daycare use. On or about April 6th the city received a request from Mr. Jim Jones representing Mrs. Songe asking Council to reconsider their March 24th action. So, that's, essentially, what you have before you tonight is a reconsideration of your March 24th decision. So, this is essentially a do over of that hearing on March 24th. It's my understanding talking with our legal counsel that this process we don't go through very often, but it is Mr. Frazier who is up first. Again, as it's almost a de facto new public hearing on that appeal request, so Mr. Frazier will have the first chance to address you and state his reasons for requesting the director's approval of this be reversed and, then, Mrs. Songe or her representative can go after that. So, I will stand for any questions before I -- I turn it back over to you, Mr. Mayor. I will note here about an hour ago or so when I looked there were 15 different pieces of letter of public input, most of them e-mails, I believe, from the public on this application. So, I would just direct your attention to that. I didn't count them, but roughly 50-50 in favor of the daycare and against, but I would just draw your attention to that -- those pieces of public testimony if you haven't already read those. So, with that I will stand for any questions you may have. Simison: Thank you, Caleb. Council, any questions for Mr. Hood or Mr. Nary before we hear from the applicant and others? Cavener: Not right now. Simison: Okay. Thank you. And, Mr. Nary, or -- how much time does Mr. Frazier have? Does he have ten minutes? Nary: Whatever your preference is, Mayor. I think we did ten minutes previously. Simison: Okay. Mr. Frazier, you are recognized for ten minutes. Frazier: Firstly, please forgive my -- Mr. Mayor, Council Members, firstly please forgive my lack of proper decorum. I'm a terrible public speaker and not being in person Meridian City Council Meeting Agenda June 2,2020— Page 31 of 263 Meridian City Council May 19,2020 Page 4 of 54 somehow makes it worse. I want to start by highlighting a few sections of the Meridian ID Unified Development Code. So, from 11-1-2 purpose, E is ensure the most appropriate use of properties. F is to protect property rights and enhance property values. 11-1-8, preservation of private property rights, A is this title shall be interpreted to equally protect citizens from the undue encroachment on their private property by their neighbor uses -- their neighbors uses of their private property and equally protect each citizen's right to use of their property without creating undue burden upon their neighbors. So, given these portions of unified code I would ask these questions. Given the density of homes in this neighborhood is a daycare an appropriate use of the property. Does it impose undue burden upon neighbors? Does having a daycare next door enhance property values? I believe that given the density of housing and the closeness of the proposed daycare to my house and others in the neighborhood, including houses presently being built, it is an undue burden due to noise and activity of children. As property owners in a residential neighborhood we are all looking for, expecting, and have the right to quiet enjoyment of a properties. When we live in such high density housing we have to make decisions and compromises to not unduly interfere with a neighbor's quiet enjoyment. Please note that I am not alone in this belief. The Council has testimony from several other members of the neighborhood that they do not want a daycare in the neighborhood. Some in writing, some came in person to the first Council review. Should we not allow a neighborhood to have some say about what they want to allow in their neighborhood? I noticed there were a number of public comments from Mrs. Songe's colleagues who all extol the value of child care. I do not disagree one bit. Child care is important. It just does not have to occur in such a residential neighborhood. And note that none of these colleagues are from this neighborhood. Everyone wants better cell coverage until they put a cell tower in your backyard. Mrs. Songe appears to have an extremely strong and active support system. I have great confidence she could get work or even start a daycare center in a more appropriate commercial area. My house was actually the first to be built in this particular area. When I first moved in there was merely dirt surrounding my house on all sides. I had no idea who my neighbors would be. If the situation were different and I was looking at a house to buy and knew the neighbors ran a daycare I would not consider buying that house. So, I'm concerned about the impact if I tried to sell my house in the future. If I would not consider buying a house next to a daycare I have to assume that would be the case for others as well. So, how does this impact my property value? In the end I'm merely asking that each Council Member puts themselves in my shoes and make a decision accordingly. I thank the Council for its time and consideration in this matter. And that is -- that is my time. Thank you. Simison: Thank you, Mr. Frazier. Appreciate it. And I think that you did quite well in your presentation. No worries here. Council, any questions for Mr. Frazier? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Mr. Frazier, I appreciate your narrative. Being that this is a do over I'm hoping you could take maybe a couple of minutes and just explain to the Meridian City Council Meeting Agenda June 2,2020— Page 32 of 263 Meridian City Council May 19,2020 Page 5 of 54 Council your perception about any neighborhood meetings or any communication from the applicant to the neighbors about her intended use of the property. Frazier: Absolutely, Council -- Councilman. So, I did not receive any kind of notification that there was going to be a meeting, but I'm certainly willing to admit, based on testimony that -- that Mr. Jones submitted that it got lost in the mail or something. I'm willing to accept that I didn't get notified, but it happened, I suppose, so, I'm willing to accept that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. And thank you, Mr. Frazier. I can sympathize with the -- with the situation of perhaps not receiving something in the mail. That is why -- another reason why we hold public hearings for these situations if an individual isn't able to make that neighborhood meeting and I wanted to ask -- I think I -- that we had had a brief conversation about this on the first hearing, but I want to understand -- first of all let me say this is -- this is -- I really wrestled with this and I want you to know that as Council Members, you know, we do take these scenarios really -- we -- we consider them very carefully and we do really think about them at length for one or two individual homeowners in our city. It's important to us. So, I'm curious if your neighbor, whether it's Mrs. Songe or a different individual were to have six of their own children, how would that change your use of your property and the quiet enjoyment? Help me understand that. So, would it -- would it be an issue if your neighbors had six children themselves or is it -- help me -- clarify for me what the concern is about there being six children in the home next door. Frazier: Okay. It is -- it is about noise and -- and, essentially, any kind of distraction, you know, by noise. So, I mean if they had six children, you know, it would just have to be a question of, you know, we will see, you know, and if it was too bad I might approach them and say, you know, hey, is there -- is there a possibility, you know, at least during these times where -- you know. So, I would -- I would try to work it out with them, but if it was just too much I would -- I would probably try to find out different place to live. Perreault: Mr. Mayor, a follow up? Simison: Council Woman Perreault. Perreault: Mr. Frazier, have you had an opportunity to speak with the Songes and -- and perhaps have a conversation like you would do if it was just a large family that was living there? Frazier: I have not, but I say -- I will say that Mrs. Songe sent out a letter to a number of neighbors, so I at least got her point of view. Perreault: Thank you. Meridian City Council Meeting Agenda June 2,2020— Page 33 of 263 Meridian City Council May 19,2020 Page 6 of 54 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Mr. Frazier, I'm curious, I kind of wish I could just go send you guys to go work this out. Honestly, I'm wondering are there changes to Mrs. Songe's business plan that would get you more comfortable with having a daycare next door? Are there modifications to, you know, the -- the time she's operating or the times that folks are picking up or dropping off that would get you comfortable with having a daycare next door? Frazier: So, I mean I am certainly willing to -- to compromise. I will say as I mentioned a number of other neighbors had submitted public comments that they were unhappy about the prospect of a daycare in -- in the neighborhood. But I guess my biggest concern is, you know, if those changes aren't codified and, essentially, like who is responsible for -- for ensuring that there -- that those requirements are met. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe staff could -- could kind of go over some of the protections that are already in existing code. I mean I -- I was noticing already there are several points about, you know, limiting noise, limiting playing outside beyond certain hours and maybe that would help Mr. Frazier as well as he's considering this. Simison: Mr. Hood or Mr. Nary, do you have any information that you would like to -- Hood: Yeah. Mr. Mayor, I can -- I can tackle that. So, Mr. Mayor or Council Woman Strader, as I have mentioned kind of in my opening remarks, 11-4-3-9 has specific use standards for daycares. So, I'm not going to read all of that section, but some of those provisions or protections or standards, if you will, for daycares are contained in there. I have highlighted just a couple that -- that I think are probably most important. But, again, there is more here. One of them states: On-site vehicle pick up, parking, and turnaround area shall be provided to ensure safe discharge and pick up of clients. Hours of operation just came up. We limit the hours of operation to between 6:00 a.m. and 11:00 p.m. I will just note there is a -- in the application -- or the reconsideration application there was a note from the HOA property management and their approval I believe limited the hours of operation even further than what -- what city code does. There is that provision for a neighborhood meeting also in that subsection. It does say all outdoor play areas shall be completely enclosed by a minimum six foot, nonscalable fence to secure against exit and entry by small children in the screen abutting properties. Outdoor play equipment over six feet in height -- in height shall not be located in front -- in any front yard or with any required yard. Outdoor play areas in residential districts adjacent to existing residents shall not be used after dusk. It says in no way shall the family daycare -- and this one is where it gets a little -- I'm not a code enforcement officer, but the question came up about -- to ensure who enforces this, this is where code enforcement can become involved. In Meridian City Council Meeting Agenda June 2,2020— Page 34 of 263 Meridian City Council May 19,2020 Page 7 of 54 no way shall the family daycare emit lighting, noise, fumes, smoke, dust, odors, vibrations or electrical interference that can be observed outside the dwelling. It goes on to say a sign -- a small sign may be put up on the property and, then, it talks about off-street parking shall be provided as set forth in the title in addition to the required off street. So, there are some nuisance like provisions in our daycare standards that hopefully address your -- your question, Council Woman. Simison: Council, any further questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Mr. Frazier, when you first brought--when you brought the original appeal you talked about concern that the -- that the neighborhood meeting wasn't held or that you -- you didn't receive anything. Are you -- are you -- I just want to double check. Are you comfortable that -- that with the -- with Mrs. Songe and her attorney's testimony that it happened and that you have spoken to your neighbors to confirm that it happened? I just want to find out if that's still something that's a part of your appeal or if you are amending that as -- as a reason that you are making the appeal and changing that to an issue regarding quiet enjoyment. Frazier: I will say I am amending that. I think Mr. Jones, while -- could have been a little bit more tactful in some of the aspects, I think he submitted enough information that made me think that it must have just got lost in the mail. Perreault: Thank you. Simison: Thank you. Council, any further questions? All right. Appreciate it very much. As noted this is a public hearing. Madam Clerk, who else do we have signed up to testify on this item? Nary: Mr. Mayor, we should have the Songes or Mr. Jones go next before you take public testimony. Simison: I assume that they are the first ones signed up. Nary: I don't know. Sorry. Simison: I assume they are the only ones. I don't know that for a fact. Weatherly: Mr. Mayor, I don't have them signed up. I do have one other person signed up, so I can call them after Mrs. Songe. Simison: All right. So, Mrs. Songe, will it be yourself and Mr. Jones who goes first? Meridian City Council Meeting Agenda June 2,2020— Page 35 of 263 Meridian City Council May 19,2020 Page 8 of 54 Johnson: Mr. Jones is -- Jones: This is Jim Jones. Simison: Okay. Mr. Jones, if you will -- if you are going to be speaking -- Jones: Yes. Simison: Council, would you like three minutes for the testimony or ten minutes as -- okay. So, Mr. Jones, we will recognize you for up to ten minutes. Jones: Mr. Mayor, I think I can do it in three, but thank you for giving us this opportunity and I do appreciate hearing from Mr. Frazier. I can tell you this that the Songes will work -- Elisabeth will work with him in trying to make sure that everybody respects each other's rights. As far as pickup and drop off of kids, Elisabeth picks up the kids and brings them to her home and, then, takes them to their families later in the day. So, there is no people coming to pick up kids and drop them off. There is no more traffic than Elisabeth has on her own and I appreciate Mr. Frazier's concession with regard to the neighborhood meeting. So, that really appears to be a non-issue at this point. The one thing that I would say is that the first issue I did raise in some of my papers is that the appeal was just too late. It was five days late. The notice of approval was dated January 2. It said a party of record may appeal and Mr. Frazier is a party of record being a property owner within a hundred feet of the Songe property. So, it says that the appeal must be filed no later than January 17, 2020. The appeal period is 15 days under the code, which is Section 11-5A-7B. Fifteen days. The appeal was filed on January 22nd, which was five days late. So, I don't know that there is any alternative but to declare that the appeal was untimely and that the Council deny the appeal and reinstate Mrs. Songe's permit. There are a number of other people -- and I will defer to them -- in particular I would suggest that you hear at this point from Jenny Hay, who assisted Mrs. Songe in getting all the papers filed. Her testimony was going to -- I think be directed primarily at the issue of the neighborhood meeting, but she also worked to make sure that Elisabeth complied with all the rules and requirements of the city and perhaps if you could hear from her and, then, Mrs. Songe herself. Thank you. Simison: Council, we will just put this all under the ten minutes for these three individuals to speak and try to get them in per Mr. Jones' suggestion. So, Ms. Hay. Hay: Hi. My name is Jenny. I work for Jannus Economic Opportunity in Boise and Elisabeth is a client of mine and I do want to note that Elisabeth is an English language learner, so she does have a helper with her via conference call, Moses, to interpret for her and so it might be a little disjointed as we are working with that. Like Mr. Jones said, I assisted Elisabeth with the entire permit process. This is a big piece of my job is to help refugee women begin small in-home child cares and make sure that they are following all the compliance rules and -- and even though it sounds like we have gotten away from the conversation about whether a neighborhood meeting was held, I actually assisted Elisabeth with that process just to clarify. This has been stated by me in writing and Meridian City Council Meeting Agenda June 2,2020— Page 36 of 263 Meridian City Council May 19,2020 Page 9 of 54 submitted under penalty of perjury from my own personal experience and submitted to the City Council in April. I assisted Elisabeth through the entire application process, including working with her to create that neighborhood meeting notice, which included not just an invitation to a meeting in November, but also the narrative explaining what she was planning to do in case the recipient of the invitation was not able to attend and I personally addressed all of those envelopes, postage prepaid, to the addresses of homeowners as provided to me by Kim Taborini at the City of Meridian in early November. Elisabeth had the meeting on November 21 st, but, no one came, and she notified me the next day on November 22nd that no one had attended the meeting and just to qualify some of the comments that have been made thus far, I have an ongoing relationship with my clients and a big piece of that is something like home visits and kind of coaching them on making sure that the business is working out, that they are providing the care in a respectful manner, working with the neighborhood, etcetera. So, this -- this particular issue can certainly be a component of the coaching that I provide. Simison: Thank you. And just for the record, can you give us your business address, please, Ms. Hay. Hay: Yes. It's 1607 West Jefferson, Boise, Idaho. 83702. Simison: Thank you very much. Mrs. Songe or if you prefer, Elisabeth, if you would like to provide any comments at this time we would welcome them. And you will need to unmute your microphone. There you go. Mrs. Songe, we are not able to hear you. Mukengezi: Can you guys hear me? Simison: We can -- Moses, we can hear you, yes. Mukengezi: Okay. I can hear what she's saying on the phone as well. So, if you don't mind just me translating or do you want to hear her voice? Simison: Council, is that okay with you just to hear the translator's comments? Okay. Go ahead. Mukengezi: Mrs. Songe is taking to me -- she's on my phone right here. Simison: Okay. Mukengezi: Okay. I had to stop so I can say what she had said before I forget everything she was saying. She said my name is Elisabeth Songe and I -- I moved here in Meridian, but I had my child care in Boise. When I first moved to Meridian Jenny told me that my license was going to move into the city of Boise to get a new license and Jenny helped me through this process of getting a new license and she told me all about making new notices for my neighbors before I can start operating and we made the notices and sent them out to all the -- the neighbors. And on the 21 st, as the notice has mentioned, we waited for -- my husband Didier and myself waited for anyone to show up to the -- to the Meridian City Council Meeting Agenda June 2,2020— Page 37 of 263 Meridian City Council May 19,2020 Page 10 of 54 meeting and we do not off our lights or anything, we just waited with our lights on in the house and no one showed up and after that we are here today and we just want to work with our neighbors. We don't want to be bad neighbors and we just want to continue with our business with -- and being good with all the neighbors around us. There is not a lot of traffic. They have -- because I pick up the kids and drop them myself. There is no -- nobody else comes and goes. I go pick them up and I drop them off on my own. That's it. Simison: Okay. Thank you very much. Council, any questions for Mr. Jones, Ms. Hay, Mrs. Songe? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have one question for Mr. Jones and, then, a couple of questions for Ms. Songe -- Mrs. Songe. Mr. Jones, I'm curious if-- if an individual in the neighborhood was not to have received notification how they were supposed to have known about the appeal deadline and just wondering if -- if you would happen to have any conversation with Mr. Frazier. He's --we can potentially ask him at the end of testimony about when he became aware of the appeal deadline, but I'm curious if an individual doesn't receive notice that the meeting existed, how do we as Council hold to that deadline, if you have any thoughts on that, please. Jones: Well, I think that you have to look at them as separate instances. The appeal deadline in the code does not say that a person has to know of any particular aspect of the appeal. I presume that when the permit is issued some indication goes out to people as to the fact that it was issued, but even if that was not the case I don't know that anybody could come in and say some other condition of the license application was not fulfilled up until the time that the permit was issued, would they be able to -- would somebody who was not aware of that fact be able to come in and attack the permit and -- and seek to appeal it? Say it was something like failure to prove that the Songes owned the property, which is a requirement of the code, and it's found out later that they didn't own the property, would a person be able to come in after the appeal deadline and challenge it. I don't think so. The second thing is that the mailbox rule that I have talked about, that is the rule that says that the law presumes if a notice is mailed it's presumed that the person got it. So, presumably there should have been -- you know, if it arrived in Mr. Frazier's mail and he didn't read it or somehow the dog chewed it up, it is presumed under the law that he got the notice and so, you know, we have to operate under rules like that. It's just like the City Council sent out notice on the 23rd of March to Mrs. Songe saying your permit is revoked. It takes nothing more than that to revoke it. It doesn't matter whether she got it. If she is continuing to operate the daycare, even if she didn't get the notice, then, she's in trouble. Perreault: Mr. Mayor, a follow up on that. Meridian City Council Meeting Agenda June 2,2020— Page 38 of 263 Meridian City Council May 19,2020 Page 11 of 54 Simison: Council Woman Perreault. Perreault: With -- with your permission -- I saw Mr. Hood shaking his head. Caleb, is there anything you wanted to add to that? Hood: Mr. Mayor, Council Woman Perreault, I didn't realize I was shaking my head. Perreault: Oh. Hood: But I do actually have something to add. So, we did actually receive a letter asking to appeal this decision by Mr. Frazier in due time. There was an e-mail -- and I just looked at -- at my a-mails I sent to Mrs. Kane in -- in our Legal Department. Part of the process to ask for Council review is -- part of that is to post the site and part of my question to our legal team was how am I supposed to ask an appellant to sign an affidavit saying they are going to put a four by four sign on someone else's property. So, we kind of -- I don't want to say we held Mr. Frazier up, but there was this question to our legal staff about how -- what does posting for this look like. How -- how am I supposed to ask him to sign a piece of paper saying he's going to, again, post somebody else's property before this -- the public hearing on March 24th. So, there was a little bit of delay, but we did receive that on -- on January 17th, the letter asking Council -- it was dated the 10th, so I don't know what happened between the 10th and the 17th, but I have it and that e-mail to Mrs. Kane on the 17th asking her for some -- some guidance. So, I'm in between a couple of attorneys -- actually, three I brought into the conversation there, but -- but there is that piece that I wanted to at least provide the Council to that we did have at least the makings of that application for an appeal consistent with our code. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I mean this is an important point, because if the appeal -- appeal was not filed timely, then, there was no appeal. This won't be before City Council and the director's approval stands. So, did that appeal -- was an appeal filed in a timely manner under our requirements and is Mr. Fraser a party of record. I think that was another issue. Simison: And I think that issue was determined as yes, at least by one attorney, but all Mr. Nary -- these questions. Nary: So -- so, Mr. Mayor, Members of Council, Council Member Hoaglun, to answer the first question on is Mr. Frazier a party of record. He is, because he was a -- a party of record because he is listed as a property owner within a hundred feet of this application and his name was on the mailing list to be sent notice. So, he is -- is a party of record. What Mr. Hood has just told you is that he did file a request to appeal this on January 17th. So, he was timely. There was a delay in the processing of it, because of this question about signage and notice, but he did provide notice by January 17th to the Planning Department that he wished to appeal. The only other thing I can add is -- and Meridian City Council Meeting Agenda June 2,2020— Page 39 of 263 Meridian City Council May 19,2020 Page 12 of 54 this is a little bit how Mr. Jones sort of explained it. If no -- if the process had not been followed, in my opinion, the Council has some minimal discretion to grant some leeway to the appellant to be outside the timeline, because, again, if he receives no notice -- until he has some reasonable reason to know it he wouldn't even know to appeal it. But also if the -- if it was done timely and the process was followed and Mr. Jones is correct, the noticing requirement here is simply mailed notice, and if that was accomplished, then, the process is followed and the timeliness is required. But Mr. Hood has stated that he did make contact with Planning on the 17th. So, again, within your discretion, Council, you can -- you can approve that as a valid appeal. So, then, the question, then, becomes what Mr. Frazier has raised and what Mr. Jones has raised and, again, in our code there is no specific language in regards to daycares on the questions of -- all of it's trying to capture, as Mr. Hood stated in the standards for daycare, to deal with noise and impacts on neighborhoods, impacts on neighbors, and we use code enforcement as our mechanism to enforce those things. Perreault: Mr. Mayor? Hoaglun: Quick follow up with -- with Bill. If we all collectively conclude this issue is properly before us, then, our -- our decision is to -- since this is an appeal, this is -- this is a do over, it's just like the first time we heard it. He wants us to deny the director's approval and so that is our choice to either uphold the director's approval or to deny the director's approval and, therefore, the license. Those are our two decision points; correct? Nary: Yes, sir. Hoaglun: Okay. Thank you. Simison: Council Woman Perreault. Perreault: Thank you. I have a question for Mrs. Songe via Moses. I want to make sure -- Moses, would you ask that she understands that Meridian does have a code that regulates the daycares and also ask if she has been able to read that code and understand it, that she could have neighbors who report the daycare to code enforcement and a code enforcement officer could show up at her home to discuss those concerns with her. I just want to make sure she's aware that -- that that's a possibility. Mukengezi: She says she understands the code and she -- she has been doing child care in her home in Boise for three years now, that she had to do some more of where she was at. Simison: Thank you. Council, any other questions at this time? Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Meeting Agenda June 2,2020— Page 40 of 263 Meridian City Council May 19,2020 Page 13 of 54 Strader: I would like to ask the same question of Mrs. Songe that we asked of the -- Mr. Frazier, which is, you know, you are running a business, you have a neighbor who is not happy. Are you willing to sit down and do your best on your part to work this out with him and get him comfortable in terms of your hours of operation, your plan for transporting the children and managing the traffic? Mukengezi: Would you like me to ask her? Strader: Yes, please. If -- thank you. Mukengezi: She says that will be even better. She said a neighbor is supposed to be a friend and I would like to talk the two of us and that way we can -- I can explain my business to them, our work, and, then, he can tell me what he doesn't like about it and we can just work it -- work it out. A neighbor is -- and I wouldn't want my neighbor to be unhappy with me all the time when I'm doing my -- when I'm working and doing my job and I would not like that at all. I would like to be close to my neighbor, because if anything happens with me at my house in the middle of the night or -- and whatever that I can run to him for help. Strader: Thank you. Mr. Mayor, a follow up for Mr. Frazier if I may. Simison: Council Woman Strader. Strader: Mr. Frazier, would you be supportive of the Council giving you an opportunity to sit down with Mrs. Songe and try to work this out and withdrawing your appeal or some type of a continuance in the hopes that you two might work this out on your own? I know some of your neighbors have provided testimony, but you are the one that appealed it. It's a little unorthodox, but I'm just -- I would always prefer an approach where this could become a successful outcome. You could come to an understanding and, then, this doesn't, you know, lead to a bunch of code enforcement issues and so forth. So, I would like your feedback on that. Frazier: Thank you, Council Woman Strader. So, maybe -- maybe Mr. Nary can -- can respond to one comment. I think as a person of record I am -- I am the only one that could appeal, but I am -- I am willing to sit down, absolutely, as long as any decisions can be codified and I guess I want to represent that this feels like the only avenue that I had to try to prevent issues and so, you know, like the last thing I want to do is -- is having to be calling code enforcement on a neighbor. That's -- that's -- that's gross and so it felt like the best and safest solution was to --to avoid the problem. I'm not crazy about having a daycare, but I mean I think it could be made better as long as -- as those kinds of -- as long as whatever is decided upon it could be codified. Strader: Mr. Mayor, a follow up for Mr. Nary. Simison: Council Woman Strader. Meridian City Council Meeting Agenda June 2,2020— Page 41 of 263 Meridian City Council May 19,2020 Page 14 of 54 Strader: Mr. Nary, is it possible if the appellant Mr. Frazier and Mrs. Songe come to an understanding about the operation of her daycare, that following that understanding we could put -- similar to a development application certain conditions to her approval that would get everybody comfortable that this is happening in a way that makes -- Nary: Mr. Mayor, Members of Council, I would probably have to ask Caleb, but under our code there is no method of authority for us to require some contractual agreement between these parties. So, that's a little more problematic, because, again, that's -- we would, then, be in the business of enforcing a private contract and so there is nothing in our code that grants that. I don't know in issuing the accessory use permits, other than what's listed in the code as the requirements that they have to have, as Mr. Hood talked about, the play equipment and parking and those things, that we ever impose any additional conditions based on neighborhood input. Mr. Hood is saying no. So, we -- and I'm not certain what Mr. Frazier means by codified, but it is already in city code. That is how we enforce daycare standards is through the city code that already exists. So, I think it's problematic to create a separate contract with them that has no basis in code to do. Strader: Thanks. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: This -- this is for Bill or Caleb. For example, you know, learning that she does the pick up and drop off, I mean that's -- that's a great service for her clients, of course, but also it does minimize traffic and, Caleb, is that something -- I mean that's very unusual and not something we would put into code saying that's required, but are there areas that you could go in this situation that -- that is appropriate, because if-- if this were approved I mean --and she has up to --could have up to six kids and watching six children, including her own in that property, we could just say, well, we -- we uphold the director's approval then -- then, you know, she doesn't have to pick up or drop off or are we able to make a condition like that, which, admittedly, is unusual, but -- I'm just trying to explore options, like Council Woman Strader. Hood: So, Mr. Mayor, I can probably partially address that. We have -- if someone, as part of their application say -- again this is up to six and they say, hey, I had my neighborhood meeting with the neighbors and they would really only prefer that I have four kids. So, my application is for four kids, we have written that into that permit saying they are self imposing that restriction. The code would allow them to have up to six, but they have talked with their neighbors and they are only applying for four, we can issue that permit that says, again, you get up to four. That isn't typical. I mean I -- I can think of maybe once that we have done that or twice where, again, someone says I can do up to this by the code, but I'm willing -- I'm only applying to this and I'm -- I'm good with you conditioning me to that level. You know, it's hard for me -- it's unorthodox. I like -- I like where the -- you know, the tone of this meeting, I just don't know -- kind of to Mr. Nary's point, I don't know how we would, then, take that all together and make that a condition if Meridian City Council Meeting Agenda June 2,2020— Page 42 of 263 Meridian City Council May 19,2020 Page 15 of 54 -- if things aren't nicely packaged into -- regarding parking and outdoor play equipment, the number of children -- if it's something else I don't know how we enforce any of that. This isn't a development agreement. There isn't any contract here and I should probably just stop there. But sort of, I guess, is the short answer there. Simison: Mr. Hood, would it make sense from your perspective. If she would withdraw her previous application and resubmit with those elements? Is that the best way to codify, for lack of a better word, those elements or not really? There is not really a place on the permit that would make sense. Hood: Sure. Yeah. Mr. Mayor, it is an option. I guess my -- my only hesitation there -- and I -- and I would like to believe that when the two parties sit down they can -- they agree to all the terms, but Mr. Frazier may want something she's not willing to capitulate to in her application. So, I don't -- I don't know that and, again, I would like -- it seems like there is good faith there, but I have no real way to ensure that what she applies for is, in fact, what he agreed to or-- or vice versa, so -- but if that's what-- again, some good faith on the Council's part and the city's part to do that, I -- I think we could -- again, we could issue that approval letter with those provisions. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I see that Ms. Hay is still with us. Are you willing to answer a question? Your microphone is off. Please turn your microphone on. Hay: Yes. Perreault: Okay. So, my question is how long do you continue to work with the Songes through their process and are you comfortable with -- with helping them if they are -- if -- if they were -- if the appeal were to not be approved and the daycare were to move forward, are you comfortable helping them if there are any code enforcement issues? And I don't know how much you are involved at that level or how long you will be involved in their -- in their business. Hay: Elisabeth is eligible for my program until the end of my grant period, which is September 29 of next year 2021 and there is a likelihood I could continue to offer her service after that for different reasons, but, yes, this is a huge -- a very significant and meaningful and valuable -- and I'm really sorry about the barking dog. A valuable component of my work with my clients is helping them adjust to the needs of their environment, be compliant, and moving into a new home, their first home. She's very proud of it. Sorry I'm speaking subjectively. But, yeah, coaching her on how to work with the neighbors and communicate and, if needed, I can pay for an interpreter. Usually I only pay for an interpreter when I'm there or it's like a group training session or something of that nature, but, you know, yes, I definitely will take that into account and have that be a large component of coaching her and providing a level of case management to work Meridian City Council Meeting Agenda June 2,2020— Page 43 of 263 Meridian City Council May 19,2020 Page 16 of 54 within the neighborhood and make sure that she's not only compliant, but also culture -- understanding the culture of the neighborhood. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Just a comment of clarification. I understand Mr. Frazier's desire to not need to contact code enforcement and I appreciate that, because as Council Woman Strader has been -- has been getting to, we really would like to see goodwill happen. So, we don't want to encourage people calling code enforcement on their neighbors, but we do also understand that it's there for a reason and if there isn't any other way to resolve a scenario, it's there if it needs to happen and that's why it's really important that -- that both parties understand what the code says about what -- what the limitations are with the daycares and what is available to each party to resolve those issues. So, I just -- it's really important to me that Mrs. Songe were to understand what the code says if she were to have the accessory use permit held up -- you know, agreed -- agreed to. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would like to ask Mrs. Songe or also -- or her attorney or both. Maybe via Moses if needed. Are you willing to amend your application after meeting with Mr. Frazier and resubmit it with -- with whatever changes you think are helpful in getting on the same page with your neighbor? Mukengezi: Yes. Simison: Thank you. I don't know the answer to it right now. Our services currently being -- being provided in the house at this point in time? Ms. Songe, Jenny, their attorney, what is the current status of daycare in the house? Hay: She is not providing care for children other than her own at this time. Simison: Okay. Thank you. So -- so, Council, I know we have one more person signed up in the public hearing component, but I would like to -- I think I'm -- I think we are tracking with maybe the direction to be post -- move this out potentially two to three weeks to give the applicant and the neighbor an opportunity to speak, see if they can come to a resolution through that process and, if so, then, this public hearing could be removed and if not we could continue the public hearing -- we could hear the rest of the public hearing in that two to three week time frame. Are there any concerns with that process from Council or the applicant at this point in time? Jones: Yes. I wonder if I could join in at this point. Meridian City Council Meeting Agenda June 2,2020— Page 44 of 263 Meridian City Council May 19,2020 Page 17 of 54 Simison: Mr. Jones. Jones: I'm wondering what the areas of dispute are, what -- what are the parameters of what we are looking at? Is it with regard to how long the children are there during the day? Is it with regard to what the children do as far as playing outside or staying inside? It concerns me that we have an open ended thing here where one party or the other may have a possibility of a veto power and if we could have some sideboards as to what the issues are that are going to be worked out. You know, the -- the code has a lot of conditions for a daycare operator and, you know, obviously, Elisabeth is going to comply with those, but if we are going to have additional requirements I think we need to pinpoint some of the things that we are negotiating on, because it's just -- if it's just a wide open negotiation, you know, only two kids outside playing in the yard at a time or you can't pick up the kids from the parents and bring them to the house until 8:00 o'clock in the morning, it -- it's just a little bit a little loosey goosey from my standpoint and I think we probably out to know what the real concerns are. Borton: Mr. Mayor? Simison: Mr. Borton. Borton: And I have been -- I have been somewhat quiet, butjust to your--to your question and -- and to Mr. Jones' comments, this -- I wouldn't be supportive of a continuance. This accessory use permit was approved with our director. Having -- having listened to this and reviewed the record in preparation for today, I think all of the parameters that are conditions upon an accessory use, they are laid out in 11-4-3-9. They are -- there is a long list of things that this permit requires compliance with, otherwise, it's a violation and assuming there is compliance with each and every one of those I don't anticipate a problem. My sense is that's why the director probably approved it so long as it's compliant with the provisions of our existing UDC. I wouldn't want to go down the road and invite -- I have never -- I don't have any recollection of this happening before, but I wouldn't want to -- even with good intentions invite this to be continued and, then, have an appellant create some additional layers that may or may not be agreed to. I think all of the intent is -- is in the right place and I understand Mr. Frazier's concern, but our director went through and applied the UDC that we have. If we want to amend that at some future date and apply consistent objective criteria to -- to residential daycare units we can do that, but continuing it I think invites a big problem for us to have the appellant do that and I'm not totally certain that the appeal is timely either in my eyes, but if -- even if we were to assume that it was, substantively I -- I'm not supportive of overturning the director's approval in light of the UDC conditions that are placed on this use. Simison: Okay. Thank you, Mr. Borton. Well, Council, what I would like to do is at least give the person who has signed -- unless there is any additional questions for the people so far, I would like to get the other people who have signed up an opportunity to testify and, then, we can see what direction you would like to go. Okay. Adrienne, do we -- you said we had one other person who has signed up. Are they still on the line and would they like to testify? Meridian City Council Meeting Agenda June 2,2020— Page 45 of 263 Meridian City Council May 19,2020 Page 18 of 54 Weatherly: Yes. Mr. Mayor, I'm not sure if Elise -- excuse me Elise Cleveley is on the line. Elise is signed up and stated a wish to participate. I'm not sure if it's one of the phone numbers we have as an attendee, but, Elise, if you are here can you raise your hand, please. Simison: And I think you can do that on your phone by doing star nine on your phone and, then, we can identify you and bring you into the conversation. Weatherly: And, Mr. Mayor, that would be the only one that signed in. Simison: Okay. Well, then, we will just go ahead and extend it to anybody who is currently on -- in the call or watching that would like to testify, if you can use the button in the middle of your screen to raise your hand and we can bring you in. I do see we have one person who has raised their hand to participate. I see we have another one as well. So, it looks like we have a few people. So -- Johnson: Mr. Tommy Stout. Simison: Yes. Is he in? Okay. Mr. Stout, if you can state your name and address for the record and you have three minutes to speak. Stout: So, my name is Tommy Stout. I live in the house right across the street from Elisabeth. My address is 5338 North Maplestone. I was really ready not to say anything. It sounds like the Council is going the direction that I would like it to, but I will say this, as far as character, I have worked with Elisabeth and with Didie and they are amazing people. I was aware of the meeting. It wasn't a big deal for me, so I chose not to go. I was -- I bought the house maybe a week after they bought theirs. So, I didn't get a notice. But they came over and talked to me about it and told me about the meeting in person and so I had reference there. I have also put on our -- our neighborhood website and there is some resounding -- what's the word? Support for them. Being across the street, you know, obviously, traffic would be a concern, but after talking with Didie and Elisabeth that was resolved with them transporting the kids. And, then, also with the community being finished where there is two entrances, there is not anywhere where they have to turn around, they can go straight through and pull through without any turning around at all needed. Being a realtor for 15 years I can say I have never had an issue of an appraisal because there is a daycare next door and those --that's basically my testimony. Basically just -- they are -- they are great people who deserve a shot. Simison: Okay. Thank you. Council, any questions for Mr. Stout? Thank you very much. Up next we had raised their hand was Diana. Diana, if you can state your name and address for the record and you have three minutes. Haibel: My name is Diana Haibel. 1891 East Grand Canyon Drive in Meridian. And my husband and I have adopted this wonderful family since they first arrived here and we have known them intimately. We have had them in our home within our lives. We have had their six children in my small little living room and in my house and I have never met Meridian City Council Meeting Agenda June 2,2020— Page 46 of 263 Meridian City Council May 19,2020 Page 19 of 54 more well behaved, more respectful, obedient children. They -- they -- they can put a lot of families to shame. These are wonderful people. These are the kind of people you want in your neighborhood. They are hard workers. If you knew their personal story, what they have been through, what they have escaped, the years that they spent waiting to come to America, these are the people you want to reward. These are the people you want your children to spend time with. These are the people you want in your neighborhood. Believe me, you will make no better decision than to accept their appeal. They will be influencers. These are wonderful, wonderful people. And on that I just ask that you would vote with your heart, vote with your -- your mind, vote with the code, but I think you have a great opportunity to reward these kind of people and thank you very much. I appreciate being able to listen to all of this. Simison: Okay. Thank you. Council, any questions? Strader: Yes, Mayor, I have a question for Caleb. Simison: Was it pertaining to the last person's testimony? Okay. If we can hold on we have someone else who would like to testify as well. Mr. Walsh, if you can state your name and address for the record and you are recognized for three minutes. Walsh: My name is Nate Walsh. 1821 Gourley Street in Boise, Idaho. I met the family a few years ago. Didie, the husband, came through a job training program that I was the training manager of. In addition to his 40 hour schedule at the deli he works at, in order to get a raise and promotion, so it wasn't a surprise to me two years later that they had saved a pretty substantial amount for a downpayment, had great credit scores, and worked really hard to purchase this home. So, I was the realtor that helped them to purchase the home. We were very deliberate in our month long search to find a subdivision that was going to be accommodating towards that and without this business I am pretty certain that their pursuit of the American dream through homeownership would be in serious jeopardy. So, I just plead with the Council to possibly rule in their favor to make sure that they have the opportunity to continue their pursuit. Simison: Thank you, Mr. Walsh. Council, any questions for Mr. Walsh? All right. Thank you. And that -- those are the only people that I notice that's raised their hand to provide testimony. Adrienne, is that correct on your side as well? Johnson: This is Chris. That is correct. Simison: Okay. Council Woman Strader, you had a question for Mr. Hood? Strader: Yes, I did. I was just curious, you know, in the letter from Mrs. Songe that originally got sent to the neighbors, it appears that she describes pretty proactively the hours that she's going to operate and that her husband will be providing transportation to reduce the amount of vehicles likely to stop there. Is it possible for her in this hearing or to just amend her application to stipulate that that is her intention. Is that something -- how would that work, amending an application, is that something that's challenging, do Meridian City Council Meeting Agenda June 2,2020— Page 47 of 263 Meridian City Council May 19,2020 Page 20 of 54 we have to start the whole process again, or is it something that could be decided on in this hearing would be my question. Hood: So, I'm going to start to answer that. I may ask Mr. Nary to if he doesn't mind. We haven't talked through the -- the options here that you have before you this evening. So, some letter-- some letter of decision is going to be issued --well, unless it gets continued tonight. So, the city's got to take some action; right? Write --write a letter to both parties saying this is what the Council has done. If approval, I -- I think we could if that's part of the motion -- amend that or re-issue the accessory use permit and that's what I don't -- I'm not quite sure what this letter of-- record of decision really is or does, but re-issue the AUP or reinstate it or whatever with those specific conditions of 7:00 a.m. to 7:00 p.m. I don't know what else you were thinking about in that neighborhood meeting to potentially included in -- in that approval, but -- but I see some potential there. As you state, I don't know that we need -- necessarily need a revised application. It's already in that narrative, so if you wanted to hold her to those -- whatever those things are in the narrative you want to hold her to, I would think we could probably re-issue or issue for her another time this accessory use permit. Simison: Thank you, Caleb. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A couple of questions for Caleb as well. And maybe just one. Caleb, can you just share with us the purpose of-- of the neighborhood meeting. And the reason why I'm asking, is there a -- is the intended goal just to inform? We have received some communication from neighbors that are in support, we have received communication from neighbors that are in opposition, and if-- if neighbors are opposed, but an applicant wants to move forward anyway, does the feedback from the neighbors matter I guess is the -- is the overall question. Hood: Yeah. Mr. Mayor, Councilman Cavener. I think it's a good question. I guess from my -- although the intent isn't stated in the code, I think the intent of any neighborhood meeting is -- I would like to think we have, you know, the same way that Mrs. Songe looks at these neighborhood meetings. Neighbors are de facto family members. I mean you are really close to them, it's to get off on the right foot to understand the proposal and if there are some serious considerations to what you are proposing we would like to think that you back off of that or are there provisions that I can -- in my application say I'm willing to not have more than X amount of kids outside or I'm willing to self restrict those things. But you are right, if they don't agree that doesn't mean that -- that that person can't apply and we won't approve it, but there is this appeal process as well and I would think it wouldn't look good for the applicant of that day -- you know, whatever business to say, yeah, I met with the neighbors and I didn't care what they said and I just went ahead with it anyways; right? I mean if that gets before you -- I know you are a relatively young Council, but I can't see that playing well with you; right? So, again, the intent is to be Meridian City Council Meeting Agenda June 2,2020— Page 48 of 263 Meridian City Council May 19,2020 Page 21 of 54 neighborly, to disclose, to discuss, to see if there are concerns that you could consider in your business plan and, again, this is a quasi business, it's in home, it's accessory to someone living there. It's not really a business. Yes, there is some income generation, but we don't -- it's a tweener; right? And that's how our code addresses this. Is this something in Meridian that is appropriate to operate out of your home with specific provisions. I'm getting a little off of your question, but that's really the intent of the neighborhood meeting is to require neighbors to be neighborly. Cavener: Mr. Mayor, a follow up for either Mr. Hood or Mr. Nary. Simison: Councilman Cavener. Cavener: If I'm understanding things correct, Caleb, then, the director has some subjectivity in determining if they do want to approve or deny that -- we don't grant the approval because they have jumped through -- they have completed all the steps, we are providing an approval because it -- it meets the desire and the input of the community. Is that correct? Hood: So, Mr. Mayor, Councilman Cavener, I'm not quite sure I understand your question, but let me answer it maybe this way, unless you want to clarify. So -- and this was kind of alluded to. Essentially we almost will always issue the approval with the conditions, even if -- even if we have heard negative feedback from adjacent neighbors saying we know they are going to have 14 kids over there, we can't -- we don't have anything to revoke. We don't have any code to enforce if we don't first issue the permit, then we can revoke that. Then there is an actual item for our code enforcement officers and so we almost give the applicant the benefit of the doubt to say here is the rules to play by, here is your permit and -- and how you are supposed to act to be a good neighbor here and if you violate those, then, we go down that path, even if-- even if that track record you know maybe isn't good up to that point, we don't have any hammer or anything to really -- any code to point to, because there is no permit to revoke or any -- anything to -- any code to enforce if you will. So, again, I'm sorry if I didn't answer your question, but that's kind of how I thought you were asking it. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Caleb and Bill, I guess what I'm trying to get to is -- is an approval granted as long as the applicant does all that's required of them? Hood: I can't think of an instance, Mr. Mayor, Councilman Cavener, where that's not a true statement. Nary: Mr. Mayor, I can maybe help additionally. So, again, remember, this is a land use application. So, we have the rules in the code that they are required to follow. As Mr. Hood stated, they can self impose some restrictions. That's not uncommon. In Mrs. Meridian City Council Meeting Agenda June 2,2020— Page 49 of 263 Meridian City Council May 19,2020 Page 22 of 54 Songe's application she does talk about pick ups and drop-offs, so she doesn't indicate in this application that she's going to pick them and drop them herself. She does say parents will be bringing them there. So, I don't know if that's a temporary thing right now or her business plan. It does talk about outdoor play and what some of the limitations are, but, for example, in -- in the application it says she would limit their playtime to one hour in the morning and one hour in the afternoon. In the middle of July that may not be as practical. I don't know the age of the children. In the middle of December that probably may not be practical either. But, again, the idea is is they are supposed to try to work with neighbors as best as possible, but the code is real specific on what's required for this application to move forward and there is very little limiting language in the code to deny it, because the adjoining neighbors can't agree on how it's supposed to be operated. Cavener: Okay. Thank you. Simison: Council, any further questions or comments? If not, I would turn to Mr. Frazier for the last word before Council determines how they would like to move forward. Frazier: Thank you, Council -- Mayor. Mr. Mayor. So, I will say that the first I ever heard of any of -- of kind of Mrs. -- Mrs. Songe's plans for -- for her daycare was -- was with a letter which I received about two days ago and I felt that her plan was pretty reasonable. I think the -- the drop off -- pick up and drop-off, those things like that, I thought it was pretty reasonable. I debated whether or not I should just, you know, kind of let things lie in -- in aspect of, you know, just goodwill. The thing that -- that decided the other way was based on, you know, the public -- I looked at the public comments and at that point in time, you know, there were five or so other neighbors in the area that were against it, but I will say, you know, my issue was essentially -- it's one thing to say what you are going to do, but how -- well, like how -- what rules are there to enforce that. But I like what Mr. Hood said about, you know, we can, essentially, accept those and based on -- on feedback from -- from other neighbors and people about the good character of Mrs. Songe and her husband, I'm fine with -- with maintaining that we are allowing them the daycare center. Simison: So, Frazier, you would like to withdraw your appeal of the director's decision, is that what I'm hearing? Frazier: Yes. And based on -- based on what -- what I have heard from Mrs. Songe and -- and others and her plan and for -- for goodwill in the neighborhood. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Mr. Frazier, I commend you for making that decision and I'm really excited for both of you to become good neighbors and I -- it just makes me so happy that you guys have worked this out and I would encourage Mrs. Songe to keep in touch with you Meridian City Council Meeting Agenda June 2,2020— Page 50 of 263 Meridian City Council May 19,2020 Page 23 of 54 regarding her business plans, but I wish that all these conversations would have happened previously, but it just makes me so happy that it's all been worked out. Thanks. Simison: Okay. Mr. Frazier, I would also like to say thank you for your openness and willing to listen to the conversation and I would like to think that that's what Council was doing tonight as well. You could tell that they were in a difficult spot in terms of how they viewed this and it was a really good dialogue. Frazier: Yes. I appreciate the seriousness with which everybody -- the Council and Mr. Mayor kept this and mediated. Thank you very much. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I just wanted to thank Mr. Frazier for -- for his -- his comments and willingness to drop his appeal. I know when he came forward it did not appear to me there was anything of ill intent or maliciousness, just that -- the fact that, hey, I did not receive notice and -- and -- you know. And based on the testimony and no other comments, you know, the Council took action, which was at the time under the rules. So, I do think for Council for future reference in subdivisions that have increased densities, as developers put these houses closer together because of land prices, they are trying to keep housing affordable and the fact our Comprehensive Plan encourages those densities, what is -- what do we need to look at down the road for daycares and these types of developments? I mean that's not pertinent to this application that we will be deciding, but that is just something for future consideration as -- as we move forward where people are packed closer together or should we take a look at making any -- any changes to daycares in those areas or limitations to numbers and that sort of thing. So --just a -- kind of future marker for that. Simison: Thank you, Mr. Hoaglun. I'm sure Mr. Hood will put that on his future meeting topic conversation list. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I echo my fellow Council Members statements. I really appreciate the goodwill that we are seeing here this evening. Mr. Frazier, thank you so much for that. I know it has not been an easy situation for you and -- and I myself have -- you know, we -- we hear a lot of different kinds of applications and it's interesting how -- how this is one that we -- that I have wrestled with. I'm a -- I'm a realtor. I'm a realtor myself, I'm a real estate broker, and I understand concerns regarding values and uses in neighborhoods and so for me it's been especially challenging, because I also appreciate anyone's ability to come in and make a life for themselves in our community and don't ever want to be in a rush to take that away as well. So, I see our role as Council as -- as ones who uphold the code Meridian City Council Meeting Agenda June 2,2020— Page 51 of 263 Meridian City Council May 19,2020 Page 24 of 54 as best as possible and -- and also yet still supporting all of our citizens to the best of our ability. So, I have learned a lot in this. So, I appreciate that -- I don't feel like this has been time -- you know, I feel like this has been time spent well I should say. It's been helpful for me to even get clarity on some of our -- on some of the approach that we take in these -- in these situations. So, thank you. Simison: Excellent. So, with that, Mr. Nary, do we need an official action on this topic? Nary: Yes. Mr. Chairman, Members of the Council, so with Mr. Frazier's withdrawal, Planning can re-issue the permit. What you do, though, need to do is grant the request for reconsideration and approve that -- that Mr. Jones has filed to finalize that, because, then, we have to issue an order for that and with that -- included in that granting of his request include in there to issue -- re-issue the accessory use permit for Mrs. Songe. Simison: I'm going to turn to our attorney Mr. Borton and, hopefully, figure out what that type of motion looks like. Borton: Mr. Mayor, Mr. Nary, do we need to close the public hearing prior to that? Nary: Yes. Borton: Okay. Mr. Mayor? Simison: Councilman Borton. Borton: I move we close the public hearing on Item 7-A, H-2020-0011. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Second that. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor say aye. Those opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. Mayor? Simison: Mr. Borton. Borton: Question for Mr. Nary. If I tracked it correctly, it sounded as though action could be granting the request for reconsideration and, then, are we just literally accepting the withdrawal of the appeal and the existing accessory use permit remains? Meridian City Council Meeting Agenda June 2,2020— Page 52 of 263 Meridian City Council May 19,2020 Page 25 of 54 Nary: I would request if you could direct that they re-issue the accessory use permit based on the granting of the request for reconsideration. Borton: Okay. Mr. Mayor? Simison: Councilman Borton. Borton: I move on item H-2020-0011 that we grant the request for reconsideration that's been filed and accept the appellant's withdraw of his appeal and direct Planning staff to re-issue the accessory use permit. Strader: Second. Simison: I have a motion and a second on Mr. Borton's motion. Is there any discussion on that motion? If not, the clerk will call the roll. Roll call: Bernt, absent; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Thank you very much to everybody for that conversation and outcome and best of luck to everyone moving forward, including a great working relationship between neighbors. Jones: Mr. Mayor, if I could I would like to thank the Council and I would like to say bless your heart, Mr. Frazier. I think you will find you have a good neighbor. Simison: All right. Excellent. Thank you. Council, since we came right out of Executive Session right into this meeting and we are getting close to the 8:00 o'clock hour, I would suggest we take a 15 minute recess to allow everyone to freshen up before we get into the next two items that will likely take us for a couple hours. So, we will recess until 7:55. Fifteen minutes. (Recess: 7:40 p.m. to 7:55 p.m.) B. Public Hearing Continued from May 5, 2020 for Idaho Central Credit Union (H-2020-0016) by Idaho Central Credit Union, Located at 3152 W. Peak Cloud Ln. 1. Request: Modification to the Existing Development Agreement for TM Creek Subdivision ( Inst. 2017-113747) to update the conceptual development plan for the site to allow Meridian City Council Meeting Agenda June 2,2020— Page 53 of 263 Meridian City Council May 19,2020 Page 26 of 54 for the development of a financial institution with a drive- through. Simison: All right. I will call -- call us back into -- of recess and I will open up Item 7-B. 7-13 is a public hearing that was continued from May 5th for Idaho Central Credit Union, H-2020-0016, and I will turn this over to Sonya for staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. This project is a request for modification to the development agreement to update the concept plan and elevations for the site. It was heard by the City Council on April 14th. At that hearing Council directed the applicant to revise the development plans shown to be more consistent with the design elements in the Ten Mile interchange specific area plan as noted in the staff report. The applicant has submitted a revised concept development plan, building elevations, and prospective renderings of the building. Next slide, please. As shown staff has reviewed the revised plans for consistency with the design elements noted in the staff report and offers the following analysis. Although the proposed use is by nature vehicular focused, pedestrian walkways are proposed from perimeter sidewalks along adjacent streets and driveways to the main building entrance from all four sides of the site consistent with the plan and UDC 11-3A-19. The structure has been moved closer to the corner -- excuse me -- at the corner with the drive-thru lanes and parking to the south of the building creating a street oriented design with a consistent edge to the public space, making streets more friendly and walkable consistent with the plan. Although the new building exceeds 30 feet in height in accord with the plan, it does not have a continuous unbroken frontage along required build to lines for at least 75 percent of the property front -- frontage as desired. It's at approximately 64 percent as proposed. The building now holds the corner at the intersection and avoids additional building setbacks consistent with the plan. The design of the building meets the minimum 40 percent of the linear dimension of the street level frontage along Ten Mile and Franklin Roads in windows or doorways as desired. The floor -- floor area ratio has increased from .06 to .22 with the increase in building square footage from 5,672 to 19,200 square feet. Although a substantial increase, it's still not consistent with the goal of one to 1 .25 or more in this area. The height of the building was increased from one to two stories consistent with the plan. The building is consistent with a 30 percent of buildable frontage of the side occupied by building facades required by UDC 11-3A-19 in mixed use designated areas. And, finally, a gateway feature in the form of a sign is proposed at the intersection. Next slide I believe. Thank you. Within the street buffer to announce arrival at the Ten Mile crossing areas as desired in the plan. The developer Brighton has also stated in an e- mail to staff that they intend to retain the area a bit and create an expanded plaza paver and seating area with sandstone seating between the sign and the corner. Details to be provided at a later date on that. The developer also plans to work with ICCU to create an improved area along the creek to the east of the ICCU building for employees to gather and relax. Based on UDC standards 11-3A-16 for self-service uses, specifically financial transaction areas and drive-thru establishments and 11-4-3-11 C-5, staff recommends the original recommendation for screening to be provided within the street buffers adjacent to drive-thru lanes is stricken. These areas are required to be visible from the public street for surveillance purposes. Staff also requested the applicant to work with Brighton Meridian City Council Meeting Agenda June 2,2020— Page 54 of 263 Meridian City Council May 19,2020 Page 27 of 54 Corporation to come up with a palette for future buildings in this area to address key elements, such as materials, i.e., walls, roofs, architectural elements, etcetera. Colors, et cetera, to unify the development. Buildings may have individuality, but should share key design elements and colors as set forth in the plan. The applicant did coordinate with Brighton, but only for this building. The proposed elevations are consistent with other buildings already constructed in this area. To ensure future development in this area share similar design elements, the developer Brighton is working on a design palette and standards for the overall development area that they intend to include a subsequent amended development agreement and planned unit development. Staff will stand for any questions. Simison: Thank you, Sonya. Council, any questions? Okay. Hoaglun: Mr. -- Mr. Mayor, I'm sorry, I'm trying to unmute here. Real quick question. A question about the -- that unbroken frontage and, Sonya, I'm assuming that's on the west and north property boundaries, since those are street facing, and I just want to make sure I understand. Unbroken means is it a continuous straight line? Explain that to me a little further. Allen: Mr. Mayor, Members of the Council, Councilman Hoaglun, it just means, basically, that the building is up to that setback area and it -- it's not separated by like two buildings. It's unbroken. There is a continuous building facade along the frontage of the property. Hoaglun: Okay. Mr. Mayor, follow up. So, it doesn't mean they can't have architectural features like we see here where that's popping out, that's -- that's what confused -- confused me. It sounded like continuous and it's -- so it's between buildings -- between structures within that -- that -- is that correct? Allen: Yes. More or less. It's -- our code does require modulation, so we don't want just a flat building facade. So, yes, that's correct. Hoaglun: Okay. Thank you, Sonya. Simison: Council, any further questions at this time? Okay. Then I will ask the applicant to come forward and add I will be doing the timing for the applicant, just so you know, and I will try to notify you when you get down to the one minute, but -- if you go that long, but you are recognized for 15 minutes. Heazle: All right. Thank you, Mr. Mayor and Council Members. My name is Mark Heazle with Lombard Conrad Architects. Address is 1221 Shoreline Lane, Boise. 83702. Sonya -- Sonya, I appreciate all the efforts you have put into this helping us through this process and the late hours you spent reviewing the revised documents. We have submitted this revised package, which takes a 5,600 square foot single story building to a roughly 19,000 square foot facility that is two stories. We have taken the primary occupiable area and placed it along the fringes of Ten Mile and Franklin, relocating the drive-thrus to the south side. The second floor extends over the drive thru area and creates the -- the -- the Meridian City Council Meeting Agenda June 2,2020— Page 55 of 263 Meridian City Council May 19,2020 Page 28 of 54 frontage that you see that Sonya -- Sonya has presented on the screen currently. This building fits in, maintains the aesthetics established for this area for Ten Mile Creek area. We have coordinated with Brighton. We have drawn the character and the look of this facility directly from existing buildings out -- out in this area. One of them being the Brighton building itself as evident in our elevations. The other being the Lofts at Ten Mile, which is located 2940 West Cobalt Drive. Very close to this facility. As described with the elevations we have a masonry veneer at the main levels, as well as masonry veneer at the stair towers. The upper portion is primarily eifs and a metal panel canopy. The eifs maintains the colors established for this area with, for instance, the lots close by. We have a -- I would say a generous amount of glazing on this building. We meet the minimum requirements for that. The site itself and the building itself ties in to both Ten Mile and Franklin through sidewalk accesses. We have the primary entrance into the facility office off Ten Mile Road and we also have a secondary entrance for customers off of the east side of the facility where the primary parking is located on the east and on the south side. We have our four drive-thru lanes with an escape lane in case there is any backup traffic located within an area. We have coordinated not only with the city, with Sonya -- again I appreciate your efforts on this -- but also coordinated with Brighton to make sure that we are staying consistent with any of the future development for this area. And with that I can answer any questions. Simison: Okay. Thank you, Mark. Council, any questions? And it's not looking like it. Sorry, in this split screen I can't see if you are shaking your heads or not, but we will move forward. So, with that I will turn -- Madam Clerk or Mr. Clerk, I don't know who we have, but do we have anyone signed up to testify on this item? Weatherly: Mr. Mayor, we have one person signed in, but they did not indicate a wish to participate. Simison: Okay. Well, as a reminder for those that are listening in, if you would like to testify on this item, please, raise your hand and if you are on the phone star nine either way and we can bring you in for further comments to testify and we will just give it a second to see if anyone does that. And, otherwise, I will let Council think of any additional comments or questions they may have. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just have a quick question for Mr. Nary. Just because I can't recall. If I was not in the previous Council meeting where this was discussed, although I have reviewed the information, am I allowed to vote this evening? Nary: Mr. Mayor, Members of the Council, Council Woman Strader, as long as you have reviewed the record, yes, you may. Strader: Okay. Thank you. Meridian City Council Meeting Agenda June 2,2020— Page 56 of 263 Meridian City Council May 19,2020 Page 29 of 54 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: In light of the remarks by the applicant were there -- are there any remaining unresolved questions that Sonya might have that needs to be addressed? Simison: Sonya, do you have anything -- Allen: Mr. Mayor, I'm sorry, I don't have any further questions, no. Borton: Okay. Thank you. Simison: And I'm not seeing anyone based on what I can tell that they would like to testify. So, I will turn this back over to the applicant for any final comments. Heazle: No final comments at this time. Sonya, I think you commented on the building heights in the elevations. Our building height is currently 36 feet with this two story concept. Just wanted to make that evidence and point that out. Simison: Okay. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: If there is not any additional questions for the applicant or staff, I will move that we close the public hearing on H-2020-0016. Hoaglun: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just to kick off some discussion, this continuance was in large part to try and address some opportunities to comply with the Ten Mile specific area plan a little more specifically I guess. I think the applicant's really done a good job in -- in addressing the concerns that were raised at that meeting and I think they provided a better product that goes along with this requested modification and it does resolve those concerns that were Meridian City Council Meeting Agenda June 2,2020— Page 57 of 263 Meridian City Council May 19,2020 Page 30 of 54 raised before. So, I appreciate those efforts made to be more compliant with that Ten Mile specific area plan and -- and working well with our staff and the direction that's been provided, so much improved. Simison: Thank you, Mr. Borton. And from my perspective I think you took the words out of my mouth, because I think this really -- at least for this Council says that the plan that has been developed out in this area remains the vision for the area and I think this gets much closer to being in -- not in -- just in general compliance, we heard there is a few concerns from staff, but it definitely hits the mark in terms the spirit of the plan in my opinion. Hoaglun: Mr. Mayor? Simison: I can't see, was that Councilman Hoaglun? Borton: Got to put our group scheme back on. Simison: Yeah. Hoaglun: Mr. Mayor? Simison: Yeah. Brad Hoaglun. Hoaglun: Yeah. It's -- it's substantially complies with the plan. There is definitely a good faith effort to --to meet those --those goals and this --this definitely is -- is a better product for that corner. That is a key corner for that Ten Mile development and I think they did very well not only for the development, but I think for -- for Idaho Central Credit Union to have a building like that is -- is something -- that that stands out and I think it would be a benefit to them as well. So, I appreciate their work on that. I knew it took some time and -- and, of course, time is money and then -- but we -- I know I appreciate that -- that effort for what they did. Simison: Is there any further discussion or is there a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I move that we approve Item 7-13, H-2020-0016, consistent with staff and applicant comments from today's hearing and including the updated staff report and renderings provided by the applicant. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Meeting Agenda June 2,2020— Page 58 of 263 Meridian City Council May 19,2020 Page 31 of 54 Cavener: I will second that. Simison: I have a motion and a second to approve the application. Is there any discussion on the motion? If not I will ask the clerk to call the roll. Roll call: Bernt, absent; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion passes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Thank you very much, Mark and the team at ICCU for this proposal and we look forward to seeing it moving forward. Heazle: Thank you, Mr. Mayor, Council Members and Sonya. Simison: And thank you, Sonya, as well. Appreciate your effort to help make that happen. C. Public Hearing Continued from April 14, 2020 for Andorra Senior Living (H-2019-0127) by Sawtooth Development Group, LLC, Located at 715 & 955 S. Wells St. and 971 E. Wells Circle 1. Request: Annexation of 16.99 acres of land with TN-R zoning with a conceptual development plan for a senior ( age 55 and older) living community consisting of (76) single-family dwelling units and a 3-story apartment building with 88 dwelling units and a building footprint of 30,000 square feet; and, 2. Request: Request to Vacate existing ACHD right-of-way unnamed cul-de-sac) consisting of 0.45 of an acre of land that lies between the properties located at 715 and 955 S. Wells St. & 971 E. Wells Circle. Simison: Up next is Item 7 -- 7-C. It's a public hearing continued from April 14th for Andorra Senior Living, H-2019-0127. I will open this public hearing with staff comments. Mr. Parsons. Parsons: Yes. Thank you, Mr. Mayor, Members of the Council. Pleasure to be with you this evening. I think this is the first time that I have actually got to present a project to the new Council, so I'm excited to do that. This project was continued from the April 14th, 2020, hearing. The applicant needed some time to work with one of the adjacent property owners or one of the owners -- the sellers of this particular property, so that they could get the plan headed back on track and make sure that we could come forward and bring Meridian City Council Meeting Agenda June 2,2020— Page 59 of 263 Meridian City Council May 19,2020 Page 32 of 54 forth this plan that we are going to discuss this evening. So, the applicant is here this evening to discuss the annexation and zoning of this property and also they are proposing to vacate some right of way that's currently owned by the public and owned by ACHD. So, the site consists of 16.99 acres of land currently zoned RUT and R-1 in Ada county and it's located at 715 and 955 South Wells Street and 971 East Wells Circle. In 1983 the property was platted in the county as the Magic View Subdivision. If the Council recalls, during the Comprehensive Plan update this was one of the properties that staff was recommending some future land use changes on. So, in this particular case about approximately eight acres of the site is mixed use neighborhood and the other nine acres is -- is -- has the medium density residential land use designation on it. So, the applicant is again proposing to annex in 16.9 acres of land from Ada county to --with a TN-R zoning district in the city. You can see in the slide before you this evening that there is a conceptual development plan for how they intend to develop the site with a senior living community consisting of 76 single family style dwelling units and three story apartment building with 88 dwelling units and vacate existing unnamed ACHD right of way between 715 and 955 South Wells Street property and a portion of East Wells Circle, so the roadway can be extended to the west boundary for future extensions. So, what I have tried to do in this exhibit before you is the areas that are highlighted in black -- outlined in black that would be the right of way that the applicant is proposing to vacate in the middle of the site and, then, towards the south -- the bottom south end of the site there is an existing cul-de-sac and a portion of that is also being vacated as part of the request this evening. In discussions with ACHD and looking at their staff report they do agree with what the applicant is proposing and with their vacation request. I would also make mention to the Council that the Council is a recommending body on the vacation of right of way and the applicant will have to go before ACHD and get their final approval from that body. So, as I mentioned to you, the property, approximately eight acres -- eight acres is mixed use neighborhood and the other nine acres is medium density residential on the future land use map. The applicant is proposing to develop a 55 and older multi- family residential development consistent with the goals and policies contained in the Comprehensive Plan. The applicant is also requesting to construct a building footprint of 36,000 square feet where a 20,000 square foot is -- foot building as desired in the MUN designation, unless the public use's larger building -- if there is a public use involved with the proposed layout, the applicant may request, through Council's approval, a larger building footprint. In this particular case the applicant has ample open space and as part of this project you can see highlighted in green that's bisecting through the middle of the development the applicant is proposing to extend a ten foot multi-use pathway that is currently stubbed along their west boundary and run it into the site and, then, bring it out to the adjacent street on Wells Circle or Wells Street I believe is what's on their east boundary. Staff finds that this proposed development is consistent with the mixed use neighborhood standards and does support the request for their larger building footprint. I would also make mention to Council that during the Comprehensive Plan update this area was targeted for future connectivity to provide another -- I guess another way in and out of this particular development. Over the years we have heard -- as developments occurred in this area we have heard Woodbridge residents time and time again ask for additional connectivity in this area because of all the cut through traffic through their subdivision getting folks to Eagle Road -- between Locust Grove and Eagle Road. As Meridian City Council Meeting Agenda June 2,2020— Page 60 of 263 Meridian City Council May 19,2020 Page 33 of 54 part of that Comprehensive Plan update a few months ago and recently adopted, the plan was to eventually stub a road to tie back into Locust Grove somewhere in this area and the applicant is doing that by stubbing their street to the west boundary. Now, I would mention that during the Planning and Zoning Commission that was a topic of discussion and a lot of the residents in the Locust View Heights Subdivision was concerned that the city was going to annex property and so that we could force the developer to extend the road. I want to be very clear on the record this evening that the city does not force annex any -- any property owners. Don't force -- we don't force them to annex into the city and we are merely requiring a stub street, so if and when the Locust View Heights Subdivision is redeveloped in the future that that road could be extended consistent with the vision and, then, tie into Locust Grove at some future date. Again, it's not proposed or required as part of this development application, nor is the city trying to force any development onto the adjacent county subdivision. So, access to this development will be from local streets, which is Wells Circle and, then, Wells Court and, then, as part of its internal access the applicant is proposing gated private streets. As you can see in the development plan they are also proposing to develop this site in two phases. So, primarily the northern half will be done with phase one and that consists of 57 units and the clubhouse, which is located central to the development and, then, phase two will be the three story office building and 18 additional individual units and a restaurant and the extension of East Wells Circle. Per the Planning and Zoning Commission the southwest corner of the concept plan was redesigned to accommodate the existing 20 foot wide public works easements and two of the residential units were reoriented to prevent direct access to the East Wells Circle. As part of the concept plan the applicant is proposing 26.6 percent of the site as common open space, including the following amenities. A clubhouse, fitness facility, a restaurant, spa, salon, walking trails, a pool, open grassy areas, community gardens and various sport courts. Although some of these amenities are conceptual at this time, staff finds the proposed amenity package for this development is commensurate to the size of the proposed development. Conceptual building elevations were submitted for all of the proposed structures within this -- this development. You can see from the slides before you that there -- they have a pretty similar design theme, so it's integrated per the mixed use standards. Building materials comprise of stone, stucco, and wood. Any -- any further review of these elevations will require compliance with the design standards in the architectural standards manual and the UDC. The Planning and Zoning Commission recommended approval of this project at their March 5th, 2020, hearing. Testifying in favor we had Clay Sammis and Jeremy Garner. We had --commenting on the application we had Monica McKinley, Pat Rennison and Barbara Valdez and, then, written testimony was provided by the Woodbridge HOA, Alan and Carol Jax, Barbara Valdez, Bob and Lindy Neufeld, Dennis Bailey, Pat Rennison and Cassy Peck. Key items of public testimony was the extension of East Wells Circle at the west boundary. Public hearing notification to homeowners in the Locust View Heights Subdivision and, then, of course, impacts from this development on the Locust View Heights Subdivision. Key issues of discussion by the Commission included the amount of open space and the number of amenities proposed for the development. Square footage of the balconies proposed for the three story apartment complex. And, then, Commission also made the request that no units take access onto East Wells Drive. They were concerned that at some point when that road gets connected to Locust Grove in the Meridian City Council Meeting Agenda June 2,2020— Page 61 of 263 Meridian City Council May 19,2020 Page 34 of 54 future that that could become a de facto collector road, so they wanted to make sure there were no curb cuts from this development onto that roadway. So, key changes to the staff's recommendation -- again, no direct access for any of the units to East Wells Circle. As I mentioned to you in my presentation the concept plan has been modified to reflect that change and, then, at the Planning and Zoning Commission we also talked about the amenity package for this development. The developer would like flexibility as to what they do within the development, so the P&Z Commission actually provided -- modified a DA provision to allow -- they put a minimum six to eight amenities, including clubhouse, walking trails, and fitness facility with the remainder of the amenities being coordinated with staff. Certainly if the Council likes some of the amenity package, the amenities I discussed this evening, that's also within your purview to include those within the development agreement this evening. So, outstanding issues for Council this evening. Really there aren't any. Before the public hearing I have had a chance to look at the public record and since the Commission hearing I have noted that three additional -- the written testimony was provided from Barbara Valdez. Her concern is still the stub street at the west boundary and, then, Alan Fox and Pat Rennison submitted audio comments in favor of the application. As stated staff and -- both staff and the Planning and Zoning Commission are in support of this application and did recommend approval. With that I will conclude my presentation and stand for any questions you may have. Simison: Thank you, Bill. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Bill, these internal streets are our private streets and, therefore, they are more narrow than a public street; correct? Parsons: Mr. Mayor, Council Woman Perreault, that is correct. The private street standards only require the minimum width of the street is 24 feet. Perreault: Thank you. Simison: Council, any other questions for Mr. Parsons at this time? All right. If not, we will go on to the applicant. Well, I feel like I should know how to pronounce your last name, but I'm going to let you do it for me. But if you can state your name and address for the record and you will have 15 minutes. Goede: Yep. My name is Will Goede and I work for Sawtooth Development Group. My address is 2619 North 28th Street in Boise, Idaho. Simison: Thank you. And I would not have gotten that. Goede: I'm very used to it at this point, so no worries at all. Well, first of all, thank you for -- for staying late and still making time for us and thanks especially to Bill Parsons for Meridian City Council Meeting Agenda June 2,2020— Page 62 of 263 Meridian City Council May 19,2020 Page 35 of 54 his work and his guidance so far in this project. Thanks to our neighbors at Woodbridge and Locust View Heights for their support so far. We have had a chance to get to know them after two neighborhood meetings. We went to an HOA board meeting. We held another Woodbridge community meeting and really appreciate the letters of support we have and the -- as Bill noted, the letter of support from the Woodbridge HOA, which represents 279 homes. So, it's been a -- been a pleasure working on this project so far. At Sawtooth we are really excited about this development for a couple of reasons. First, the location is -- it's just ideal for -- for a 55 plus community. To the east you have St. Luke's Hospital, surgery centers, dentists, eyecare, physical therapy. To the west you have neighborhoods. Woodbridge. Locust View Heights. So, it's -- it's really kind of a perfect transition for this development. But also more specific to this site there is the Five Mile Creek running right through the middle of the property, which -- which really gave us an opportunity to focus our entire site around that creek and that's -- that's what we did. That's kind of been our marching orders. I'm sure I'm preaching to the choir here, but it's proven that increased interaction with nature leads to better social functioning, psychological functioning and better physical health. So, we really took that to heart as we -- we designed the entire site around Five Mile Creek and --- and all of our amenity package as you can see and as Bill pointed out it's just kind of situated around the creek with the restaurants, there is putting greens, walking paths, community garden. Let's see. What else did I miss? A firepit. A fitness center. And it's all situated around the creek and more than that really meant to feel like it's in nature. Right now the -- the -- working with our landscape architect we -- you know, we are working with natural grasses and trying to really make this feel like a little oasis in the middle of the city. So, it's been a -- yeah, it's a really cool site that we are really excited about. Go to the next slide here. Oh, no. Johnson: That's my error. I'm fixing that now. One moment. Goede: Well, I will keep -- keep talking while he gets that resolved. The -- the site plan has, as Bill pointed out, 76 single story buildings and, then, a three story apartment building. This is one of the single story buildings. You can see where we are going with a mid century modern architecture and even though we are in conceptual phase we are excited about what we are seeing so far. This is now -- okay. There we go. Thank you. Just another scheme of one of the single family -- or single story buildings. Keep going on to the next one here. This -- in those 76 single story buildings there is also a number of duplexes with similar layout going here. Another example of a duplex and, then, I think the next is the three story building with -- this building is actually kind of adjacent to the Holiday Inn, so it's -- it's really trying to keep all the single story buildings on the west side, you know, by Locust View Heights and Woodbridge and, then, as we -- we go to the southeast corner of the site that's where we position the three story tower just to be in sync with the current surrounding and the Holiday Inn that's over there. Going to the next one here. One more. Just another view of the three story tower. This is a view, unfortunately, without all of the beautiful -- beautiful landscaping I was trying to describe, but this is looking almost like if you are standing in the creek looking back at the restaurant that kind of overlooks the creek here and, then, a common area by the tower. Go to the next one. Bill touched on the fact that we did send in an updated site plan and I think Meridian City Council Meeting Agenda June 2,2020— Page 63 of 263 Meridian City Council May 19,2020 Page 36 of 54 through that process and with Bill's help we have been able to address all of the main concerns that came out of our Planning and Zoning Commission hearing and our meetings with Fire Department and Public Works and I will just talk you through that a little bit. The -- primarily all the concerns were in the southwest corner. So, the bottom left. There is a sewer line running along the left portion of the property there. So, that's why we reconfigured the roadway for Public Works to have access on the west boundary. The existing cul-de-sac is -- was too small to meet current ACHD requirements, so our new plan shows putting in a new full size cul-de-sac that meets current ACHD requirements and meets Fire Department turnaround requirements as well. So, I think with that -- I mean Bill did a great job of giving you an overview of the project. I have got a couple of colleagues on standby, Clay and Jeremy, for questions as well if we get -- Jeremy can cover specific questions on the operation side and Clay can help me with any others. But thank you again for your time. Appreciate it. Simison: Thank you, Will. Appreciate it very much. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Good evening. Well, I'm also not going to attempt to say your last name, although mine is equally as complicated. So, I -- overall I think the -- that the project looks pretty good, but we regularly and consistently hear concerns regarding parking and so I wanted to get your thoughts on that. My main concern is that oftentimes when you have smaller units a lot of individuals use their garages for storage and especially the one car garages are used for storage and, then, if you have individuals there that have two -- two vehicles, so -- so now the garage is not being used for parking and you have two vehicles parked, I guess one in front of the other, because you have a driveway and, then, you have a 24 foot private drive, which doesn't really allow much room for on-street parking. If there is I assume it will only be on one side of the street. And, then, let's say that their family members come and visit and now we add another car or two cars and, then, it's trash day and you have a bunch of trash cans. That really can become a challenge and we regularly hear this concern regarding parking. So, can you share your thoughts with us. Goede: Yeah. Absolutely. And, obviously, I hear your concern. One advantage to a 55 plus community is that you tend to have less traffic. Less -- yeah, less cars. They -- you know, each space does -- or each unit does have at least a single car garage. Some do have larger garages that you could get to and park in the parking lot. There are some guest spaces around on the site plan that I think you can probably pick up on. But the -- yeah. We are above and beyond the -- the nursing and residential -- residential care facility parking requirements. So, I think that we have, you know, exceeded that requirement here. Perreault: Mr. Mayor, a follow up. Meridian City Council Meeting Agenda June 2,2020— Page 64 of 263 Meridian City Council May 19,2020 Page 37 of 54 Simison: Council Woman Perreault. Perreault: I can understand that -- that the parking requirement of a half of a spot for the three story building, but -- but the duplexes and the single family I was of the understanding, based on the staff report, that -- that that -- it would be complied with based on single family requirements for the size of properties that -- that are there and the square footage -- the square footages of those units were not in the application, so I don't know how large they are going to be. I assume they are going to be like 11, 12 hundred square feet and so as -- I read through the staff report a couple of times and definitely will ask Bill to clarify that later on. It was not clear to me exactly how the parking is working for the two separate areas. Goede: Yeah. So, for the single family-- and, Bill, you can probably chime in if I'm wrong here, but I believe the requirement would be two spaces for each of the single family, which is a regular residential requirement and that's satisfied by one garage spot and, then, one driveway spot. And Bill will chime in if I'm misspeaking in any way. Parsons: Mr. Mayor, Members of the Council, Council Woman Perreault, I appreciate you picking up on that parking analysis in the staff report, because that's certainly something that I had discussed it and I guess that the overall feel of the community it -- Will -- Will is correct. So, essentially, for the duplex units and the single family units, if they are one and two bedroom units that code requires one garage car space and one parking pad and I believe that's what they are targeting for this development. And, then, as part of their private street segment section that they are proposing for the development, they are doing some on-street parking for guest parking, if you can see that in the updated plan. They have some parallel stalls in or dispersed throughout the development to make up that deficiency. So, we are probably going to run into a parking issue and it's really not an issue is the parking standards that they want to apply to the apartment complex, because typically if we consider that a multi-family building and, then, it-- in my staff report any one and two bedroom units -- or any one bedroom unit needs to have one and a half parking stalls and, then, any two and three bedroom unit needs to have two surface parking stalls and approximately half of those have to be covered per the multi-family standards. In this particular case in the concept plan that's before you the applicant wants to take advantage of the previous parking ratio that we had in code for a nursing care facility. That no longer exists. We removed that parking requirement. Well, we -- we have that in there, but we are not classifying this use as a nursing care facility. So, if you have picked up in my staff report, well, we know the site will be deficient 35 parking stalls. We feel confident based on the fact that this is a 55 and older community that there is a less -- lesser degree of parking needed for this development and as we get closer to building permits the applicant will have to come back before the city and seek staff level variance or an alternate compliance request to allow for the reduction in the parking and make a case for that and that has -- that is -- that is a DA provision in the -- in the staff report, that if they -- they either need to comply with the parking or seek alternative compliance and -- and justify why their parking plan is equal to or better than city code is. Meridian City Council Meeting Agenda June 2,2020— Page 65 of 263 Meridian City Council May 19,2020 Page 38 of 54 Simison: Council, any additional questions for the applicant at this time? Okay. I know that we have at least one person who signed up to testify and I believe I saw them -- I will turn to -- Chris or Adrienne, do we just have one person signed up or do we have more as well? Weatherly: Mr. Mayor, we have one person signed up. Mr. John Overton representing Woodbridge HOA. Simison: Okay. Mr. Overton, welcome you to the conversation and allow you to testify. Or are you representing the HOA? So, would you like ten minutes or will three suffice? Overton: Mr. Mayor, Members of Council, can you hear me okay first? Simison: Yes. Overton: Ten minutes will suffice. I hope to be done in three. Simison: Okay. Well, we will give you ten and let you go. And just for anyone else who is listening, if you would like to testify on this item, please, raise your hand, use the button at the bottom of your screen, or if you are on the phone press star nine and we will get you queued up to testify next. So, with that, Mr. Overton, you are recognized for ten minutes. Overton: Thank you, Mr. Mayor, Members of the Council and city staff. Woodbridge is fairly active in all the developments around our subdivision due to the traffic concerns we have had over the years and in this case a big thank you initially to city staff, because they had the applicants actually meet with us before they submitted their initial paperwork. We are a little skeptical. We have been told a lot of things about some developments in this area in the past and so we kind of put the pressure on the applicants and I got to admit they have come through. We are somewhat familiar with some of the retirement developments in the area. Some of my family live in and some right behind St. Luke's across Eagle Road and I like the way they have laid this out. I think when we look at -- from a Woodbridge standpoint we are not anti-growth, we are smart growth. We want to see something that they put back there that's going to have the least negative impact to traffic that comes through Woodbridge and I think this is exactly the type of development that we look for. That will enhance the area. It fits in with previous mayor's years and years of talking about the medical corridor in this area and how this is the type of development that would fit in with all the businesses that they would need to feed off of. It doesn't go without concerns. We -- multiple members of our HOA sat on different parts of the comp plan committees as those were going forward and we were very very concerned that that roadway would remain intact, even the stub street, that could -- and we will say that--we are not saying it will, but it could go through into Locust View Heights in the future and become another avenue to the signal at Locust Grove through that development area to alleviate traffic in Woodbridge. That's been something discussed at various times that that could be a long range redevelopment plan, not something we expect to happen in the short term, but we want to see that preserved and it looks like in Meridian City Council Meeting Agenda June 2,2020— Page 66 of 263 Meridian City Council May 19,2020 Page 39 of 54 this plan it is still preserved. It's not -- I know there is some concern in Locust View Heights that we are going to try to tear into the subdivision now. We just want to make sure that roadway is preserved for any future redevelopment that could come down the road. The second aspect of our concern -- again, it's not with the development, it's not with how its laid out, it's with history. In 2008 when the financial crisis hit we had another development come in not too far from this one. It's still there. It's a five acre lot. It was going to be a 55 and over development and we all supported it. It was great. But, unfortunately, it went bankrupt and it's no longer under any guidelines to be a 55 and over development. It can be almost anything it wants to be just because of the way things were drawn up at that time. So, we would kind of like to hear from -- from Bill or Caleb in planning or even in -- from the city attorney if there is anything being put into a development agreement or any other part of this process that gives us as the homeowners of Woodbridge some sort of a surety that because we are in not the greatest economic times right now, that if something were to go wrong -- and we hope it doesn't. We hope these applicants are completely successful in what they want to do with this entire project -- that something can happen and all of a sudden we end up with an unrestricted high density set of apartments and homes right behind Woodbridge that don't have all these amenities and don't have the same -- they don't appear the same to us. They are not going to give us the same sense of more peaceful traffic coming through our subdivision. Again, a big thanks to the -- the applicants. We have met with them several times -- several members of our HOA have met with them. We have no outstanding issues other than making sure the roadway is preserved for future possible redevelopment and that this doesn't change from a 55 and over development. I think they have done a really good job. Simison: Thank you, Mr. Overton. Council, do you have any questions? All right. Thank you very much. Adrienne, did we have anybody else raise their hand to testify? Weatherly: Mr. Mayor, I don't see anybody else in the waiting room with their hands raised. Simison: Okay. Mr. Borton. Borton: Mr. Mayor. John had asked the question just kind of a quick snapshot on how this application if the DA itself might provide any certainty and an approval is tied to whatever conditions that are placed upon the application. I don't know who would answer it, but a short response would be helpful. Parsons: Mr. Mayor? Simison: Mr. Parsons. Parsons: Members of the Council. Currently the DA does not restrict this to a 55 and older community. What it does tie it to is the design concepts that are being shown to you this evening. So, if that's something that the Council wants to add as a recommended DA-- as a DA provision, then, certainly I would open it up to the applicant and see if they Meridian City Council Meeting Agenda June 2,2020— Page 67 of 263 Meridian City Council May 19,2020 Page 40 of 54 are willing to restrict themselves to that, because that's what they have always committed to, to not only the city, but also the residents. So, if that's something that they are willing to do and propose to do that to themselves, then, I'm certainly open to having that added as a DA provision. Simison: Will, would you like to respond to that question or comment? Goede: Yeah. We -- we would agree to that. We fully plan to develop a 55 plus community. So, that's our intent. Borton: Okay. Thank you. Simison: Thank you. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, I can also add in I think for the Woodbridge neighbors -- I mean we have had those types of provisions in other development agreements around the city, so we are comfortable to include that. Then, again, of course, the caveat always is if this developer were not to build this project and a different developer were to come in to ask a future council to change the DA, to change that provision, it would at least be a public hearing about that. But I mean that's certainly the purview for a future council if they wish to do that based on markets and other issues. But there would be a public hearing to that conversation. Simison: Okay. Thank you. Seeing no one else wishing to testify -- Borton: Mr. Mayor? Simison: Mr. Borton. Borton: I would ask one question of the applicant. Simison: You bet. Borton: If nobody's signed up. Will, the -- one of the conditions speaks to the list of amenities and I see that there is the condition as written has -- provides a little certainty -- at least I think three or four specific amenities are to be provided and, then, some flexibility for you to work with staff to pick the remainder, but on the list in the staff report at least it lists some of the proposed amenities to include -- and there were three that maybe I misunderstood just how they might be amenities. The three that stood out to be a little odd where a spa, a salon, and a restaurant, all of which seem to be -- unless the spas are a hot tub, but at least two of the three seem to be private enterprises, which Meridian City Council Meeting Agenda June 2,2020— Page 68 of 263 Meridian City Council May 19,2020 Page 41 of 54 aren't customarily amenities. So, I wasn't sure why those were on the list and you can comment about that. Goede: Yes. Happy to -- happy to take them off the list. It's -- Gorton: Mr. Mayor. I think they are great. I think they are great to have and I would hope they would all be there, but as far as whether it qualifies as a, quote, amenity or not, I just -- I don't think I have seen something like that qualify when you have got -- whether it's public art or pickleball courts and there are a lot of other types of opportunities in your list that actually have been amenities. So, I just didn't know if there was some specific reason why those were included. Goede: No, there wasn't. The -- I know from the Planning and Zoning Commission they -- I think they -- they specifically called out clubhouse, fitness facility, walking trails and open grassy areas and, then, that -- yeah, they left some -- some openness for what -- what we are past that. If -- if you wanted to -- you know, to clarify that the ones in excess of that can't be the restaurant or the salon, I think that would be fine. I think the -- you know, something more like the sports courts and the community gardens, yeah, are probably a little more relevant to being offered as amenities there. Borton: Okay. Mr. Mayor? Simison: Councilman Borton. Borton: Well, that makes a lot of sense. That -- the design, though, still seems to include and anticipate hopeful inclusion of something like a salon or a restaurant, which all seems to make great sense, but -- Goede- Uh-huh. Borton: -- hopefully that's not lost. If it doesn't qualify as an amenity, I don't want that to be lost necessarily. Goede: Yeah. Definitely the intent is to have -- to have everything shown, you know, including restaurants and spa and everything. But -- and I think -- you know, I think that our intent is -- is to provide an incredible amenity package and, you know, to attract hopefully a lot of -- a lot of tenants. So, I think our goals are -- are the same. If -- we have already worked with Bill a little bit on, you know, trying to clarify and I think Bill is also -- in our Planning and Zoning hearing, you know, was particular about trying to tie the development to certain amenities to make sure that the amenity package was, you know, at least similar to what's being presented as concept based, so, yeah, if he had any more thoughts on -- on that as well. If -- you know, there is some further clarification or commitment that you would like out of us to maintain, which I'm happy to discuss with Bill or if you had thoughts on that. Borton: Mr. Mayor? Meridian City Council Meeting Agenda June 2,2020— Page 69 of 263 Meridian City Council May 19,2020 Page 42 of 54 Simison: Councilman Borton. Borton: You have answered the question and provided that clarity that--that I didn't have. So, I appreciate that. Goede: Okay. Simison: Council, the applicant has the last word, so I'm going to officially turn this over to him for any final comments that may bring more questions, then, we will go from there. Goede: Just thanks for hanging in there and just one more time. It's Goede, in case -- in case I see any of you again. Simison: I love -- I love the cheese, just so you know. Goede: There you go. Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: It's not a question, but it's a comment before -- I don't know where we are headed next, but hearing an adjacent HOA representative and an applicant provide testimony to us about early cooperation and discussions and collaboration is an extremely great -- it's just a wonderful approach to hear. It's great to have us receive that as the -- the framework for this project. You probably did resolve a lot of challenges before they even became problems by doing so, so hats off to you, Will, and your development team for taking the time and for Mr. Overton, if he's still listening, thank you as well for your HOA taking the time to be interested and involved in the process with these guys. So, everybody wins when you do that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: This -- this application has been more challenging than I -- than I anticipated. I -- I appreciate the conversation regarding whether or not it is required to be 55 plus in the DA and I'm glad that if there were to be an issue in the future that an applicant could come and amend that and change that and the reason I say that is while I completely hear the concerns of the neighboring HOA about it maintaining its status as a senior living community, the population growth data shows that the baby boomer generation is 70 plus million, but the Generation X, which is their children, is only in the 40 million range and, then, millennials is a larger population than the baby boomer population and so the likelihood is that in ten or 15 years when we no longer have our baby boomers, that developments like this are going to struggle and if they are age restricted they are going to struggle because the -- depending on the age of the Generation X, they may not be old Meridian City Council Meeting Agenda June 2,2020— Page 70 of 263 Meridian City Council May 19,2020 Page 43 of 54 enough to live there and so I really want to make sure that there is definitely an option for whoever manages or owns these properties in the future are able to modify that if possible, because it could mean that in a short amount of time there is no longer anyone available to buy those properties for a period of time. So, when I'm -- I want to make that --just make that really clear that the 55 plus sometimes, yes, it is a big benefit and other times it's not a big benefit, because now you only have a small percentage of the buyers of the homebuyers that are able to purchase those properties. You have now taken the total amount of homebuyers in your town and you have limited it to a small amount of the overall homebuyers and so currently in our market more than 50 percent of the buyers are first time homebuyers. So, we actually do not have a majority of buyers being those that are in the 55 plus age range and in addition, as Mr. Goede -- I think I got that right -- probably knows, we have several 55 plus communities that are either being considered or have already been approved. So, I have a slight concern that we might actually create an overage of those units in the not too far future. By the time everything is built our baby boomers will be a few years older and -- and I'm concerned that -- that -- that we may have too many and, then, it may not be very easy for a developer or an applicant to change that -- that criteria and that does affect property values in a negative way. So -- which could affect the Woodbridge owners in a negative way. So, I just want to kind of throw that out there, because I am concerned that at some point in time that we will have too many of these 55 plus communities that will negatively affect our entire community. And so I don't know if the applicant has anything to say about that, if he's actually done studies on the numbers or looked at actual numbers of 55 plus units that have been built, but what their -- what their absorption rate has been and if he has any thoughts that he can share about that. Goede: I think that -- actually, I know that you are probably more -- more knowledgeable than I am on this, but I think that you are -- I think that you are right and -- yeah. While -- while our current pro forma is focused on, you know, the next 15 years, it's a great observation and agree that it could be beneficial for sometime in the future -- you know, again, not our intent now by any means, but to give some flexibility and maybe it's not full flexibility, but maybe it's -- it's either the apartment building or the single family or somehow taking the, you know, 160 plus total units and not tying all of them to 55 plots in the future. So, yeah. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a couple of thoughts. I think -- I start from the framework of the developer building this project is taking the equity risk and I trust that their skin is in the game and that they are doing their due diligence regarding the demographics and the huge number of 55 plus people moving here, that they have access to, you know, Reese reports and a lot of other data that led them to believe that this project made sense. I also kind of come back to the commitment that they made to the neighbors in Woodbridge that -- that they would pursue this as a 55 plus community and I think that it makes sense to create that restriction and, then, if they wanted to change it they could come back to us. So, that's Meridian City Council Meeting Agenda June 2,2020— Page 71 of 263 Meridian City Council May 19,2020 Page 44 of 54 my take on that piece. But I do want to say I -- I really like this development in terms of its design. We don't have very many environmental features that are in Meridian and to use the creek as a focal point I think is really beautiful and I love the collaboration with the neighbors and that you guys really got ahead of issues by meeting with so proactively. We rarely see that and it's just very encouraging. So, I don't want to retread -- personally retread any of that road that's already kind of been paved between the developer and the neighbors, but I am supportive of the project. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Well, since Council Woman Strader brought up roads, I did want to just make sure that -- I think it was Barbara Valdez who raised the concern about the stub street and, you know, the concern by the Locust Grove Heights Subdivision -- concerned about that being pushed through while are still there and -- and from my perspective it really is about future preparation. We don't know how that will develop in the future. When this group of people decide they are going to sell off and that neighborhood transitions, it very well could be more commercial, office, that sort of thing. So, we want to preserve that option. But for those neighbors there this is not going to be punched through while that's a -- that's a residential area. So, just to alleviate their concerns there. And which goes to the point that, you know, in the future we don't know what happens and this does -- even if we make the DA a 55 and older, they can always come back to a future council and say we are changing our plans, this is what we want to do, and it might very well fit what the demographics have changed in that area and that's -- that's for other folks to -- to decide when that time comes. So, I'm comfortable with it. It looks very nice. I'm not a wild fan of mid century modern, but some people are, but it is -- it is well done. So, I appreciate that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have a question for Mr. Nary. So, if-- if the -- a developer or, you know, there is no longer one individual group involved, now the -- now the homes have -- have been sold to individuals and now the three story building has been built and it's occupied, how would -- how would that -- how would they go about -- I assume collectively changing the requirement of 55 plus? Would it have to be like the homeowners association that applies to do that? I mean how would they as owners go about changing that when there is no longer a developer involved anymore, if-- if they were to collectively decide to do that? Nary: So, Mr. Mayor, Members of the Council, Council Member Perreault, I would anticipate that they would have to, then, incorporate that into any of their CC&Rs. Those types of restrictions are commonly in CC&Rs. So, again, a future property owner is going to know what requirements are on them moving to that. Obviously it's built to look and feel like a 55 and older community, so it's not -- it's going to be pretty transparent. It's the Meridian City Council Meeting Agenda June 2,2020— Page 72 of 263 Meridian City Council May 19,2020 Page 45 of 54 same thing with the requirements of the multi-family living, it's going to be very similar type of thing where there will be other restrictions and -- placed into their CC&Rs, so that people know that that's what they are buying into and that's what their future residents are going to know. So, I'm not real concerned. I mean there is going to be some managing of it, you know, we are talking ten years from now there may be some management -- managing issues, but I don't really anticipate problematic enforcement with that, so -- Perreault: Mr. Mayor, a follow up. Simison: Council Woman Perreault. Perreault: I guess my-- my question was more along the lines of is the -- is the DA going to -- if they decide they want to remove the 55 plus requirement from their CC&Rs, for example, how -- how are they are still affected by the DA? Nary: So, they would have to do it in two steps. They would have to change their CC&Rs and come back to the city to change the development agreement. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Quick question for Will. I don't want to try the last name. I'm sorry. Is this legally structured as a CCRC? Is it a continuing care retirement community where it's a fee for entrance and, then, the developer is maintaining control of the entire community or will there be individual private ownership of the resident -- the single family residences? Goede: For that I think the best person to answer that would probably be Clay, who is also on the call. Is it possible to -- Simison: If Clay would raise his hand and, then, our clerk will get them brought in. There he is. Mr. Sammis, if you could state your name and address for the record. Sammis: Let me try to get coordinated here. Apologize. Yes, Clay Sammis. Address is 133 Simpson Street in Ketchum, Idaho. 83340. Simison: Thank you. Sammis: Mr. Mayor and Commissioners, thank you. I can help with that. Jeremy's probably-- he's our operations. We have an operations. We do intend to do 55 plus. But to answer your question Jeremy might be more -- more equipped to answer that. I think I can, though. If I can field this and, Jeremy raise your hand if you need to step in. But it's -- it's independent senior living. So, it's -- it's going to have all the same services, but not -- it -- those services are going to be third party offsite. It's offered -- some of the similar things that we have in the senior -- senior housing, obviously, are the things you Meridian City Council Meeting Agenda June 2,2020— Page 73 of 263 Meridian City Council May 19,2020 Page 46 of 54 see in our amenities. The restaurant. The food service. The -- you know. And the things like the theaters and the art studios and -- and yoga and fitness, so -- so -- and, again, the spa that was mentioned, so -- so, that's where we fit to the senior housing for that type of demo graphic. But, no, we are --we are --we are not the traditional nursing home as maybe you had mentioned. And I would -- I would add on the flexibility for Perreault, if I could, who brought up -- sorry. Commissioner Perreault had mentioned that, yeah, that due to changing times, which we cannot necessarily predict and we are talking about later, I think the traffic issue in my mind is more on the apartment building. That's -- that's where we -- we do agree. We are building that for -- or the whole thing's 55 plus, yes, but the -- the apartment building by nature is -- is going to be going for that reduced parking. That would be more specific to the, you know, nursing home and our seniors that would be living there, so -- so, if there was -- I agree, maybe -- if you guys are going to not put a restriction on the -- the development agreement or if -- like Will had mentioned, to ease the pain on traffic, you know, the restriction should probably fall more on the apartment building more than -- than the cottages. But we have, yes, committed to moving forward on a 55 plus. So, either would work, but if you want to remain flexible I would -- I would opt to stick it on the apartment or-- or not at all, so we can actually, you know, put forward of what we intended to do originally, with Jeremy as our operations and -- and our -- and our senior housing group for the 55 plus. Strader: Mr. Mayor, a follow up. Simison: Council Woman Strader. Strader: So, I am super sure, in my experience senior housing communities ownership could come in different forms, so I -- what I was getting at was if there -- if it's truly independent living and there will be an individual fee simple mortgage -- fee simple ownership in each residence, that would answer Council Woman Perreault's question to some extent and, then, whether you are hiring an operator and -- and residents are paying an entrance fee, but actually owning outright their fee simple interest in their property, but they are paying an entrance fee and, therefore, have a condominiumized type ownership of their residence. I'm just trying to understand the exact -- if you have it. You may not have that finalized, but if you have more of a sense of the property type or if there are multiple property types, which is what I would normally see, which is, you know, independent living, perhaps assisted living as well, and memory care. Sammis: Yeah. I apologize if I have missed -- missed the intent of the question, but the -- these are all for rent. So, the cottages will be 55 plus for rent. The multi-story tower would be probably more closely to an age of in the 70s, because we -- and that's what our management company, which we are self managing through -- with Jeremy as our partner, would be -- would be doing, so -- and that's also for rent and we would be collecting, you know, monthly rent through -- through those rental contracts. Strader: Mr. Mayor, quick follow up. Simison: Council Woman Strader. Meridian City Council Meeting Agenda June 2,2020— Page 74 of 263 Meridian City Council May 19,2020 Page 47 of 54 Strader: Thank you. I think for Council Woman Perreault that should answer your concern to some extent, because there will still be one individual owner of the development and the residents will be renting their units and so there is a mechanism for which they could appeal -- you know, come to us for a DA modification. It doesn't totally answer your concern, but I think it's not as if you have multiple owners at that point. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you very much, Council Woman Strader, for asking that. That helps a lot. I appreciate that. I know what you mean by the different ownership types, like Touchmark, for example, is a similar type of product where they -- they, essentially, buy in, but they don't own the --the property fee simple. My concern, then, with the application is in the future if -- if the -- the owner were to come and request a DA modification such that it would no longer be senior living, how would we address the parking if it has been approved at a half of the parking spot per unit. So, essentially, it never really could be converted to anything but senior -- a senior apartment structure, because the parking would not meet the city code requirement for a standard three level multi-family property and so this is just kind of the things I'm struggling with. Simison: Well -- and not to make it more complex or better, this is one of the things I have always struggled with with any 55 and over conversation is how does anybody really ever enforced that moving forward. If someone can explain to me how -- how it's enforced for the Cadence properties that Brighton owns, or in this property in the future, I would really like to hear it, because I -- unless they come back into the city for something I don't know that there is anything we can ever do to them to -- for them to not do something that they say from this -- from an age restricted level. And perhaps Mr. Nary has a better answer, but it's really self enforcing to a certain extent, but the short answer would be, you know, if they came in for a DA I assume that they would either have to meet whatever the current standards are or apply for variance that would -- you know, to do that so all those factors would have to be taken into consideration if they went through the proper channels. Mr. Nary, how do we enforce 55 or over as a city? Nary: So, Mr. Mayor, Members of the Council, this is a very common question, of course, we have had in other types of projects. Again, development agreements are contracts and you have a contractual arrangement with someone, so, you know, you, obviously, one tool is to de-annex the property, which is probably the biggest hammer that you have. It's not the most usable hammer in a lot of cases. There are other ways. You can certainly enforce them through damages. Again, they are contractual requirements that people -- that developers have to meet. So, again, it would probably be driven by code, because we are not going to necessarily know firsthand who is a tenant in their cottage homes or in the apartments, so it's going to be driven by code enforcement and complaints of people that are saying they are not adhering to their development agreement. No different than any other DA that we have. So, it really is -- I mean the Mayor is partially right, if they never need any other thing for that development, it's completely built, there is nothing Meridian City Council Meeting Agenda June 2,2020— Page 75 of 263 Meridian City Council May 19,2020 Page 48 of 54 else, you are looking at either contractual damages or a de-annexation situation, which may or may not be practical at the time. To answer Council Member Perreault's question, again, on the parking issue I don't know what the parking standards will be, so we could have flying cars by the time they want to come in to amend their development agreement. I have no idea. So, it really -- I think the Mayor hit it on the head. It's going to be meeting what -- the standards that exist at the time and the council's decision that it can't -- it can't meet that and it doesn't have compliant parking and so the change wouldn't be approved. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Mr. Nary, would that -- would that multi-family come in as a CUP and, then, just be decided by the Commission? Nary: Yeah. The multi-family I think -- I guess Mr. Parsons should probably answer that, but I would assume it's going to have to come back to the Commission for a review as well. Perreault: But it won't come to Council? Parsons: Mr. Mayor, Members of the Council, Council -- Council Woman Perreault, no, it -- with the TN-R zones multi-family is a principally permitted use, so this is the one time to get it right. After this it's all staff level approval. Simison: So -- so, Council, I'm just going to give you my two cents on -- on this project in terms of -- whether it's 55 or over, I leave that to your discretion if it feels like it makes sense to put into a DA. I don't know that we ever want to have our code enforcement officers going and checking on the age of people in buildings, if that's right or not from that standpoint. I understand the commitment to the neighbors from that standpoint, but I don't know that future neighbors are going to want to be checking the DAs and the age of people. The one thing I really do like about this -- and this was alluded to by Council Woman Strader and this open space and amenities group kicked off their conversations. I wasn't part of that meeting, but, you know, I think that this is an example of a great use of open space and amenities for a project in terms of how it is funneled and interwoven. The percentage is higher than obviously is necessary, but I think more importantly the way it's utilized in this project is quite attractive and beneficial to the overall project. So, there is my two cents that you didn't ask for. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I'm glad we didn't close the public hearing, because now I am finding myself with more questions. I would like to ask the applicant directly if he would make consideration of adding more guest parking in the cottages area. I just -- I'm really still Meridian City Council Meeting Agenda June 2,2020— Page 76 of 263 Meridian City Council May 19,2020 Page 49 of 54 struggling with -- and this is based on experience of seeing these types of properties be developed and, then, getting calls into the city regarding issues with on -- on-street parking, you know, just there not being enough space, especially with the -- the single car garage properties. So, I don't -- another -- in light of what the Mayor just stated, we certainly don't want to come --to have code enforcement called anymore than necessary. I really like to address these kinds of things while we are here now and so I just -- I had heard application after application after application and I am familiar being in real estate with how these 55 plus communities work in this area and I very -- very infrequently see those homes have -- have fewer cars than -- than just regular single family homes. It doesn't seem to me -- I understand that there is an assumption that there will be fewer vehicles, but I don't think in reality -- at least with the cottages that you are going to see fewer vehicles. Sammis: Well, thank you, and if I -- if I -- I will address that. I think we might be somewhat different than the other standard 55 plus I would think, because we are transitionally right there up against our multi-story building that will be, you know, the higher ages. So, I think we will attract maybe higher than the 55 plus, because that's -- that's kind of the -- the entry to the cottage, which, then, is the entry to the apartments. But to address -- I think that what we could, you know, commit to and we have been looking at it is making the garages wider for storage -- for the appropriate storage. We are meeting and I think exceeding the parking requirement. We do have guest parking and -- and -- and to -- to alleviate -- alleviate your concern that -- that someone is going to use their garage as storage, we want to -- we want to address that issue. We will -- we will make them wider for racks and storage, but not -- not -- we don't know -- because it's a give and take. If you are -- if you are going to increase the parking standard for this project on those cottages, then, we -- we, then -- you know, it's a struggle. We won't get the open space or the amenities or the -- the nature walks that we -- that we really want. So, I think I could commit to you that we will -- we will -- we will make sure that we have shelving in our garages, so a car has adequate space to pull in. Does that help answer your question? Sorry for the -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: It's a good start. I would rather hear you say that all of them are going to be two car garages, but I don't get the feeling that you are willing to throw that out there, because it's going to decrease the number of units that you have and I understand what you are saying. The intention is to have individuals move into the cottages and, then, in a few years eventually move into the apartments. It's supposed to work in a transition type of setup. But if it is an active lifestyle community, which is what it sounds like you want it to be, obviously, the people who are going to be living there are going to be active enough to be playing sports and to be -- and to be, you know, going out and doing things in the common areas. They are, obviously, going to be active enough to -- to be driving and -- and, you know, having vehicles and -- and taking trips and traveling and maybe needing -- or wanting to store camping gear or wanting to store skiing gear and so it's a Meridian City Council Meeting Agenda June 2,2020— Page 77 of 263 Meridian City Council May 19,2020 Page 50 of 54 totally different situation when you are in sort of an independent slash assisted living scenario where those individuals are not active enough to have sports gear and -- you know. And that kind of thing. But that doesn't sound like what you are trying to attempt. It sounds like you are trying to attempt appealing to folks that are active that will be wanting to be getting out and doing things and so that's -- that's my struggle. Sammis: Understood. I think these are small units. They are -- they are -- they are the elderly seniors and I -- and while we want them to be active, I think they will be active on site and with many of our-- with many of the activities that we have offsite, too, I suppose, but-- but I think that, hopefully, they--they -- they won't even need cars to drive, because they will be doing so much on site. But I guess I -- we will -- we will strive to make, you know, the attempt to add additional guest parking, but I don't know what the commitment is today. I mean certainly we could look at it, but we have already tried to add as much as we can along those -- those streets. So, I guess I would just defer to maybe a Council decision in how you want to move forward on that. But we -- we feel we are meeting and/or exceeding code, at least for the -- for the cottages and, then, if we get the -- the nursing, which is under-- and I -- what is it, Bill? NIACS code 6-2 -- 6-2-3, 1 mean we are -- our independent living and all the facilities that we have they are not building do qualify as a nursing building, so I think it is the .5 -- the .5 park and it would have -- and we are -- I don't know if we are double, but we are well in excess. We are closer to the market apartment rate -- multi-family parking than we are the -- the nursing parking. So, as it relates to parking to the south, you know, cottages and overflow and guest parking could park also in the apartment parking lot because it's well in excess of the nursing parking and we do have a bridge that connects the two communities. So, we feel that parking can be met there. Simison: Thank you. Council, any further questions? Comments? Motions to close the public hearing? All comers. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we close the public hearing on Item 7-C. Borton: Second. Simison: I have a motion and a second to close the public hearing on Item 7-C. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Meeting Agenda June 2,2020— Page 78 of 263 Meridian City Council May 19,2020 Page 51 of 54 Strader: I will just kick off hopefully a conclusion of our discussion, but we will see. You know, I -- I feel good about approving this one and I also feel good about approving it with the condition that it's 55 and up and the reason is that we have parking appropriate for a 55 and up project and if things change in the future I'm confident that the legal ownership structure allows the -- the owner at that time to approach us and we can consider the fact at that time. The whole project was tailored toward 55 and I feel like that that's the agreement they struck with the neighbors. I don't have as many compliance questions. I think it's something that usually handles itself and, you know, they were intentional about their parking and it was geared toward this type of project. So, you know, I'm okay with that kind of a condition. But either way I feel comfortable approving it. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I agree with Council Woman's Strader's comments and rationale on the project. I do think it makes great sense and I'm supportive of the proposal to have the DA include the 55 and over component as well. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I tried to remain relatively quiet on this one. In part because I wanted to hear from my colleagues. For me this project is-- is a no brainer. Is that right blend of creativity and thoughtfulness and if it's approved it's going to be great addition to our community. I'm fine with whatever the body wants to do on the -- on the age requirement piece. I think it's built and designed to meet that 55 and up model. If adding that language to the DA makes Council feel more confident in our decision, I'm supportive of that. I think the Mayor brings up a really valid point. Are we going to turn our code enforcement into the age police and checking IDs of residents. I don't think that's a reality, but I do think it is -- at lease a step if our intention is just to signal to the developer and to the neighbors what our intention and what their intention is I'm supportive of leaving it. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I'm good with that DA requirement. It makes sense to do that and this development I -- I think it would be a good show place to show people what you can do with open space and amenities and from what we have seen from the drawings -- and I hope it does that and I think it will. I didn't know if we had to do anything with the amenity portions. You know, Councilman Borton talked about, you know, taking out those -- and that's on the record about the restaurant, spa, salon and I think Commission, you know, allowed some -- some variance from that, a few -- a couple things that were for sure and, Meridian City Council Meeting Agenda June 2,2020— Page 79 of 263 Meridian City Council May 19,2020 Page 52 of 54 then, they could select from the others and I'm good with that. But overall it's a very well done development. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just closing up on the amenity comment, around the city where Pickleball is one of the more popular endeavors, especially with folks over -- from 40 to 94. So, if amongst your flexibility there is incorporation of Pickleball I'm sure it will be wildly popular, because they are on the roads going to the parks to use our courts. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will try to make a motion, but I will rely on Mr. Borton to help me. I -- after considering all staff, applicant, and public testimony I move to approve file number H- 2019-0127 with the modifications that we include a condition in the DA that this be a 55 and up development and with the further condition that the applicant work with city staff on an amenity package that is acceptable. Borton: Second. Simison: I have a motion and a second to approve the project. Is there any discussion on the motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just before -- before the vote, Council Member Borton touched on this briefly about the neighborhood participation and I just wanted to add a thanks to staff. I don't know if this -- if I have missed one in the past, but having those audio testimonies added was also equally appreciated, you know, and I know that we heard from Woodbridge, but you also heard from a lot of the residents through this process, but I liked having the opportunity to hear them audibly. So, thanks for including that. Borton: Good point. Simison: I'm glad that taking testimony in many forms is getting a little bit more play these days. All right. If there is no further comments, I will ask the clerk to call the roll. Roll call: Bernt, absent; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, nay. Meridian City Council Meeting Agenda June 2,2020— Page 80 of 263 Meridian City Council May 19,2020 Page 53 of 54 Simison: Four ayes. One no. The motion passes. Thank you very much. Best of luck as you move forward. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Item 8: Ordinances [Action Item] A. Ordinance No. 20-1880: An Ordinance (H-2019-0134 Hill's Century Farm North) for Rezone of a Parcel of Land Being a Portion of the North '/2 of the Northwest '/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 39.9 Acres of Land From R-8 (Medium Density Residential) Zoning District to C-N (Neighborhood Business) Zoning District (4.9 Acres), C-C (Community Business) Zoning District (4.35 Acres) and R-15 (Medium High Residential) Zoning District (30.65 Acres) 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: With that we will move on to Item 8-A, Ordinance No. 20-1880. 1 will ask the clerk to read this ordinance by title. Weatherly: Thank you, Mr. Mayor. Ordinance No. 20-1880, an Ordinance, H-2019-0134, Hills Century Farm North, for rezone of a parcel of land being a portion of the north '/2 of the northwest '/4 of Section 33, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho; establishing and determining the land use zoning classification of 39.9 acres of land from R-8 (Medium Density Residential)zoning district to C-N (Neighborhood Business) zoning district (4.9 acres), C-C (Community Business) zoning district (4.35 acres) and R-15 (Medium High Residential) zoning district (30.65 acres) 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, you have heard this ordinance read by title. Would you or is there anybody on the phone call who would like it read in its entirety? If so raise your hand. Okay. No one did that. So, with that, Council, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Meeting Agenda June 2,2020— Page 81 of 263 Meridian City Council May 19,2020 Page 54 of 54 Perreault: Treg continually -- or Council -- Council President Bernt continually reminds me that it is a Seat 5's job to make these motions on the ordinance, so I will gladly carry the torch. I kind of miss him actually giving me the eyeball when -- when it's time. So, I move that we approve Ordinance 20-1880 with the suspension of rules. Hoaglun: Second. Simison: I have a motion and a second to approve for Ordinance No. 20-1880 with the suspension of the rules. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, absent; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion passes. Thank you very much. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Future Meeting Topics Simison: Is there any item under nine for future meeting topics? If not, I will entertain a motion. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn. Cavener: Second. Borton: Second. Simison: I have a motion and a second to adjourn. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Thank you, everybody, for a great evening of public involvement and participation. MEETING ADJOURNED AT 9:30 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 2 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda June 2,2020— Page 82 of 263 E N DIAN --- IDAHO CITY COUNCIL REGULAR MEETING AGENDA 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: WI IDIAN --- IDAHO Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: Changes to Agenda: None Item#713: ICCU at TM Creek—MDA(H-2020-0016) (Slide 1)This project—a request for a modification to the DA to update the concept plan and elevations for this site-was heard by the City Council on April 14t". (Slide 2)At that hearing,Council directed the Applicant to revise the development plans shown to be more consistent with the design elements in the Ten Mile Interchange Specific Area Plan (TMISAP)as noted in the staff report. (Slide 3)The Applicant has submitted a revised conceptual development plan, building elevations and perspective renderings of the building as shown. (Slide 4) Staff has reviewed the revised plans for consistency with the design elements noted in the staff report and offers the following analysis: (back to slide 3) • Although the proposed use is by nature vehicular focused, pedestrian walkways are proposed from perimeter sidewalks along adjacent streets and driveways to the main building entrance from all four sides of the site consistent with the Plan and UDC 11-3A-19; • The structure has been moved to the corner with the drive-through lanes and parking to the south of the building creating a street-oriented design with a consistent edge to the public space making streets more friendly and walkable consistent with the Plan; • Although the new building exceeds 30 feet in height in accord with the Plan, it does not have a continuous unbroken frontage along required build-to lines for at least 75%of the property frontage as desired; (it's approx. 64%as proposed) • The building now holds the corner at the intersection and avoids additional building setbacks consistent with the Plan; • The design of the building meets the minimum 40%of the linear dimension of the street level frontage along Ten Mile and Franklin Roads in windows or doorways as desired; • The floor area ratio(FAR) has increased from 0.06 to 0.22 with the increase in building square footage from 5,672 to 19,200 square feet.Although a substantial increase, it's still not consistent with the goal of 1.00-1.25 or more in this area; • The height of the building was increased from 1-to 2-stories consistent with the Plan; and, • The building is consistent with the 30%of buildable frontage of the site occupied by building facades required by UDC 11-3A- 19 in mixed use designated areas. • (slide 5)A gateway feature in the form of a sign is proposed at the intersection within the street buffer to announce arrival at "Ten Mile Crossing"as desired in the Plan. The Developer(Brighton)also stated in an email to Staff that they intend to retain the area a bit and create an expanded plaza paver&seating area with sandstone seating between the sign and the corner— details to be provided at a later date. The Developer also plans to work with ICCU to create an improved area along the creek to the east of the ICCU building for employees to gather and relax. Based on UDC standards(11-3A-16)for self-service uses,specifically financial transaction areas,and drive-through establishments(11-4-3-11C.5),Staff recommends the original recommendation for screening to be provided within the street buffers adjacent to drive-through lanes is stricken.These areas are required to be visible from the public street for surveillance purposes. Staff also requested the Applicant work with Brighton Corporation to come up with a palette for future buildings in this area that addresses key elements such as materials (i.e.walls, roofs, architectural elements, etc.), colors,etc.to unify the development. Buildings may have individuality but should share key design elements/colors as set forth in the Plan.The Applicant did coordinate with Brighton but only for this building—the proposed elevations are consistent with other buildings already constructed in this area.To ensure future development in this area shares similar design elements,the Developer(Brighton) is working on a design palette/standards for the overall development area that they intend include in a subsequent amended DA and PUD. Item#7C: Andorra Senior Living (H-2019-0127) (SLIDE#7) Application(s): ➢ Annexation&Zoning ➢ Vacation of ROW Size of property,existing zoning,and location: This site consists of 16.99 acres of land,zoned RUT& R1 in Ada County, located at 715&955 S.Wells St. &971 E.Wells Circle at the SWC of E. Magic View Dr.&S.Wells St. History: In 1983 the property was platted in the County as Amended Magic View Subdivision Comprehensive Plan FLUM Designation: MU-N (8ac)and MDR(9ac) Summary of Request(SLIDE#8):Annexation and zoning of 16.99 acres of land with the TN-R zoning district.A conceptual development plan depicts a senior living community consisting of 76 single family style dwelling units and a 3-story apartment building with 88 dwelling units AND vacate existing un-named ACHD ROW between the 715 and 955 S. Wells St. properties and a portion of E. Wells Circle so the roadway can be extended to the west boundary for future extension.ACHD supports the vacation of the ROW as proposed by the applicant and the concept plan has been updated to reflect their requirements. This property is designated MU-N (Mixed Use—Neighborhood) (approximately 8 acres)and MDR(approximately 9 acres)on the Future Land Use Map.The Applicant proposes to develop the site with an age restricted (55+) multi-family residential development consistent with the goals and policies contained in the Comprehensive Plan.The applicant is requesting to construct a building footprint of 36,000 square feet;20,000 square feet is desired in the MU-N designation unless public uses, larger building includes commercial uses and abundant open space are provided. Staff finds the applicant has provided ample open space with a public use and the building will include commercial uses as defined by the MU-N guidelines. Access to this development is proposed from the adjacent local streets(S.Wells St.and E.Wells Circle) in accord with UDC 11-3A-3. For internal connectivity,the applicant is proposing gated private streets. Further,some of the units are proposed to take access from common driveways.The proposed development is expected to develop in 2 phase—The first phase is the area north of the Five Creek and includes the development of 57 units and the clubhouse. The second phase is the area south the Creek.This phase includes the 3-story Apt building, 18 individual units, restaurant and the extension of E.Wells Circle. Per the Planning and Zoning Commission,the SWC of the concept plan was re-designed to accommodate the existing 20-foot PW easement and 2 of the residential units re-oriented to prevent direct access to E.Wells Circle. The applicant is proposing 26.6%of the site as common open space including the following amenities:clubhouse,fitness facility, restaurant,spa,salon,walking trails, pool,open grassy areas,community gardens and various sport courts.Although, some of these amenities are conceptual at this time, staff finds the proposed amenity package for the development is commensurate to the size of the proposed development. (SLIDE#9): Conceptual building elevations were submitted for the proposed structures on the site.All structures are required to comply with the design standards listed in the Architectural Standards Manual. Submittal and approval of a Certificate of Zoning Compliance and Design Review applications are required prior to submittal of building permit application(s). Commission Recommendation: Approval at the March 5, 2020 hearing Summary of Commission Public Hearing: a. In favor:Clay Sammis and Jeremy Garner b. In opposition: None c. Commenting: Monica McKinley, Pat Rennison and Barbara Valdez d. Written testimony:Woodbridge HOA,Alan and Carol Jax, Barbara Valdez, Bob and Lindy Neufeld, Dennis Bailey, Pat Rennision and Cassy Peck Key Issues of Public Testimony: a. Extension of E.Wells Circle. b. Public hearing notification to home owners in the Locust View Heights Subdivision c. Impacts to Locust View Heights Subdivision. Key Issues of Discussion by Commission: a. Amount of open space and amenities proposed for the development. b. Square footage of the balconies proposed for the 3-story apartment complex. c. No units having direct access to E.Wells Circle. Commission Change(s)to Staff Recommendation: a. No units shall take direct access from E. Wells Circle(Concept plan has been updated to reflect this change). b. Applicant shall provide a minimum of 6 to 8 amenities, including a clubhouse,walking trails and fitness facility with the remainder coordinated with staff. Outstanding Issue(s)for City Council: None Written Testimony since Commission Hearing: Barbara Valdez(stub street),Alan Fox and Pat Rennison (submitted audio comments in favor of the application) Notes: Possible Motions: Approval After considering all staff,applicant and public testimony, I move to approve File Number H-2019-0127,as presented in the staff report for the hearing date of May 19,2020: (Add any proposed modifications to conditions) Denial After considering all staff,applicant and public testimony, I move to deny File Number H-2019-0127,as presented during the hearing on May 19,2020,for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0127 to the hearing date of for the following reason(s): (You should state specific reason(s)for continuance.) h2 CityCounci(9Veeting �44ay 19, 2020 a � y w sM Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 Item #76: Idaho Central Credit Union (ICCU) at TM Creek Zoning Map Existing Concept Plan in [ff_MmnDevelopment Agreement Legend � � --- _ RUT ,�,,. 11 - f �..■-�..■ Q g i i LiFiF f 6 1 - - - k ITT - ��v" ,, � ; � a �� _ err n ,� � � '�'' C ''�i�C \ 0#H1HH0 - R C- R1 iC ' 4 ' f I Previous Concept Plan ..i-■■�EIE■E a Elevations t� WEST ELEVATION k7m—Y , �aj��=Q ��t:��■I.=-,arse _ �v �!■■as�l�r■Nru ■pi■��re:�•,a■ar�lp�- _... -t_ar_c:�w�nn■Q�s�� ea ar'FM�Y.rwri�!1���{t f T+1 �. 7s _I.lY■11..- ,j .� �' Ilirr■Inf1�i ao-: �g s'ra -. 1 c o ?� e� i uv � 1 !�I II-■i��i ■ � � •��a ir.. ■ii■ !■i1���1= illl■illli i 3 Revised Concept Plan & Elevations (-1 sou TN ELEVATION ('1 NORTH ELEVA7104 "- --- ..... -TT ��g ��- - o . 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I� D r�.■ 09 11 F� ■�. . - rl Ik1 �� 1 1 :� ���� 09209 it it ,t u If irr.. .1,. 1 1 11 �F 1 �� 4 =1 li 11 ull 1� l l I{■ f�- 1 @i 11 M1I11 111 1- le 11. G — - - - _ 1 11 r 11 [El 11 11 1 I 11 ��� 1 ' 11 r II ' I•I I:I I� I. ■ ■ +� _ II :. r+n I Ffl ill�liilii■, 1 kk ImW, r lll� y I I I r 1 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item -7.A. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing for Frazier Council Review (H-2020-0011) by Nick Frazier, Located at 5343 N. Maplestone Ave. Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: ATTACHMENTS: Appellant Appeal Packet lBackup Material 5/15/2020 REVIEWERS: Department Clerk. Weatherly,Adrienne Approved 5/15/2020 - 12:32 PM Meridian City Council Meeting Agenda May 19,2020— Page 4 of 113 REQUEST FOR RECONSIDERATION To: Meridian City Council From: Jim Jones, attorney for Elisabeth Songe (Appellant) Re: Frazier Council Review (H-2020-0011), City of Meridian The Appellant, Elisabeth Songe, acting through her attorney, Jim Jones, hereby requests reconsideration of the City Council's decision of March 24, 2020, revoking Appellant's Accessory Use Permit no. 2019-0388. The revocation was made in the proceeding designated as Frazier Council Review (H-2020-0011) on the grounds that Appellant had failed to hold a neighborhood meeting as required by Meridian Unified Development Code section 11-4-3-9(A)(6). This request for reconsideration is made pursuant to Meridian City Code section 1-7-10. Prior to addressing the deficiencies in the revocation proceeding, some preliminary comments may be appropriate. This attorney agreed this past weekend to represent Appellant in all matters through the course of these proceedings. Due to the short time frame for submitting this request, it was not possible to involve my law firm's secretarial staff. Apologies are offered for the form of this document and the two supporting declarations. The grounds for seeking reconsideration are: 1. The record before the City Council on March 24 supported a finding that a neighborhood meeting was held by Appellant on November 21, 2019, and the complainant, Nicholas Frazier, had no basis to testify that the meeting did not occur. 2. Mr. Frazier's appeal was tardy, if he is considered to be a party of record. 3. The notice of hearing for Mr. Frazier's appeal was deficient in providing notice to Appellant that her childcare permit was in danger of being revoked. Appellant's application file contains a copy of the neighborhood meeting notice, dated November 7, 2019. It is attached to the Declaration of Jenny Hay as Exhibit B. It says a neighborhood meeting was scheduled for 6:30 pm at the Songe home, 5343 N. Maplestone Ave., on November 21, 2019. The file contains a blank sign-up sheet, with the notation, "No attendance--spoke w/ some neighbors on street--didn't care to attend/no concerns." Meridian City Council Meeting Agenda May 19,2020— Page 5 of 113 Granted, this is fairly slim evidence in the record as to the actual conduct of the meeting. However, there is no competent evidence in the record that a meeting did not take place. Mr. Frazier says he did not attend a meeting but he has established no basis to certify that it did not happen. The Declarations of Jenny Hay and Appellant show that there was planning for a meeting, the Appellant was present at the time and place scheduled for the meeting and that nobody came. Ms. Hay states in paragraph 2 of her Declaration that she contacted the Meridian Planning staff on behalf of the Appellant on October 30, 2019, to request the names and addresses of people who would need to be invited to the neighborhood meeting. That email is the sixth page of Exhibit A to her Declaration. She received those names and addresses from Kim Tabarini on November 7, 2019. Ms. Hay states in paragraph 3 of her Declaration that she and Appellant prepared the meeting notice on November 7 and that she personally mailed copies of the meeting notice to all of the property owners named on the list she received from the City--Nicholas Frazier, Roger Howell, Challenger Development, Inc., and Jump Creek Subdivision HOA, Inc. Specifically, she placed a copy of the notice in envelopes addressed to each owner and deposited the same, postage prepaid, in the U.S. mail on November 7, 2019. It should be noted that both of the Declarations submitted in support of the Request for Reconsideration are made under penalty of perjury under Idaho Code section 9-1406. As a general rule in Idaho, service of a document is presumed to have provided notice to the addressee at the time it is mailed in the manner Ms. Hay did in this case. Although this is not a court civil action, Rule 5(b)(2)(C) of the Idaho Rules of Civil Procedure provides that when a document is served by mail the "service is complete upon mailing." There is no specific comparable provision in the Meridian City Code, but there are a number of provisions in the Code making the revocation of a permit "effective immediately upon mailing" by the City. The notice sent to Appellant in this proceeding contains that language. Mr. Frazier apparently claims that he did not receive the meeting notice, but there is a legal presumption that he did. Roger Howell, another landowner on the list provided by the City, acknowledged that he "did receive the notice in the mail for the neighborhood meeting." See, Hay Declaration, Paragraph 3 and Exhibit A, 8th page. As further support that the notice was mailed, Ms. Hay states that she mentioned to the property manager of Jump Creek Subdivision HOA on November 18 that the neighborhood Meridian City Council Meeting Agenda May 19,2020— Page 6 of 113 meeting was to take place on November 21. Hay Declaration, paragraph 3 and Exhibit C, page 1. Another thing to consider in this context is that Joseph Dodson, as the City's Associate Planner, stated to the Mayor and Council in his Memorandum regarding Mr. Frazier's appeal, that the Appellant had "submitted all required documentation to the Planning Department." Elisabeth Songe certainly believed that she had done so. With regard to the issue of whether Mr. Frazier's appeal was tardy, It would depend on whether he was a party of record to the licensing proceeding. The Notice of Approval of Appellant's application, dated January 2, 2020, states that an appeal of the licensing decision must be filed by a "party of record" no later than January 17, 2020. Mr. Frazier's appeal was filed 5 days later on January 22. He would be an interested party, being within 100 feet of the Songe property, he was named on the list of property owners provided to Appellant by the City and Ms. Hay testified that she mailed him a meeting notice. That combination of factors could well qualify him as a party of record, making his appeal tardy. A more troubling factor is that the notice for the City Council's March 24 public hearing on this matter did not advise Appellant that her childcare permit was in jeopardy, depending on what occurred at the hearing. A fundamental concept of Constitutional due process is that a person may not be deprived of a property interest without reasonable notice and an opportunity for a hearing. The hearing is not the problem here. The problem is that nothing in the hearing notice warned Appellant that her childcare license was at risk. She so states in her Declaration. The postcard notice, which is attached to Appellant's Declaration as Exhibit A, says the hearing is "To Review Director's Approval of an Accessory Use for a Daycare, Family(A-2019-0388)." There is nothing to indicate that a complaint had been lodged against her license or that the license might be subject to revocation as a result of the hearing. This is not intended as criticism of city staff because Ms. Hay and Appellant have been very appreciative of their professionalism and courtesy. It is just that the notice did not indicate what was at stake in the hearing. Elisabeth Songe is not proficient in English so it was even more difficult for her to understand what was at issue. She states in paragraph 3 of her Declaration that she was concerned about going to a public meeting the night of March 24 since there were government orders to not attend large meetings because of the disease. The City issued a social distancing order on March 21 and the Governor had declared a state of emergency on March 13. Meridian City Council Meeting Agenda May 19,2020— Page 7 of 113 Nevertheless, Appellant states she would have attended the hearing if she had known that her license was in danger. Ms. Hay exercised reasonable diligence to ensure that Elisabeth followed all of the requirements for obtaining the childcare license, including preparation for the neighborhood meeting. Elisabeth and her husband were available at the time and place set for the meeting but nobody came. Earnings from the childcare business were one-half of the family income and those earnings allowed the family to purchase the home. Elisabeth's husband has had his hours cut back because of the coronavirus disease, which will make it difficult for the family to make their house payments. For the foregoing reasons, it is respectfully requested that the Council grant reconsideration in this matter and vacate the license revocation. /s/ Jim Jones Jim Jones, Bar Number 1136 Attorney for appellant Elisabeth Songe 800 West Main, Suite 1300 Boise, Idaho 83702 iimilust270)gmail.com (208)513-4185 Meridian City Council Meeting Agenda May 19,2020— Page 8 of 113 Declaration of Jenny Hay Re: Frazier Council Review (H-2020-0011), City of Meridian The Declarant, Jenny Hay, hereby states and declares, as follows: 1. I am the Project Manager of Refugee Childcare Business Development (RCBD) for the Economic Opportunity program of Jannus, Inc. Jannus is a non-profit corporation that operates a range of social service programs in the State of Idaho, including projects to facilitate self-sufficiency in Idaho's refugee community. My project is designed to assist refugees in establishing and operating in-home family child care businesses, compliant with all local and state requirements. Most refugees are unfamiliar with our licensing or permitting systems, and many are not yet English-proficient, so a significant part of my work is directed toward assisting with obtaining child care licensing, as well as permitting, training, and certifications. We hire interpreters whenever needed to support our clients who are English language learners. 2. Elisabeth Songe has been a client of RCBD since 2016, when she began a licensed in-home childcare in her Boise rental home with the support of RCBD. I worked closely with Elisabeth and her husband, Didier, to set up Elisabeth's child care in a new home they were purchasing at 5343 N. Maplestone in Meridian. On October 30, 2019, 1 emailed Meridian Planning staff to request the names and addresses of homeowners we would need to invite to the neighborhood meeting required under the City Code. I have attached a packet of pertinent documents, which is marked as Exhibit A, and that email is the sixth page of the attachment (please disregard the page numbers at the bottom of these pages). On October 30, 1 received a list of names and addresses of owners of thirteen properties that were indicated to be within 100 feet from the Songe property. The list was provided by Kim Tabarini and is the fifth page of Exhibit A. All but two of those properties were listed in the ownership of the developer, Challenger Development, or the homeowners' association, Jump Creek Subdivision HOA. 3. 1 then worked with Elisabeth Songe, who is an English language learner and not yet English-proficient, to prepare a notice for a neighborhood meeting to discuss the application. The notice we prepared is dated November 7, 2019, and attached as Exhibit B. The meeting was to be at the Songe home at 6.30 pm on November 21 , 2019. 1 personally mailed four notices on November 7, 2019--one to Roger Howell, one to Nicholas Frazier, one to Challenger Development, Inc., and one to Jump Creek Subdivision HOA, Inc. I placed a copy of the notice in an envelope addressed to each owner and deposited the same, postage prepaid, in the U.S. mail on November 7, 2019. Page 10 of Exhibit A is a note I made to Meridian City Council Meeting Agenda May 19,2020— Page 9 of 113 document the mailing of the notices. Page 8 is an email from Roger Howell, dated April 3, 2020, acknowledging that he had received the notice but decided not to attend the neighborhood meeting because he had no objection to the application. On November 18, 2019, 1 emailed the manager for the HOA, who I had been working with to get HOA approval for the childcare, to say that the neighborhood meeting was scheduled for the 21 st. This is what I said: "Elisabeth's neighborhood meeting, per code, will be Thursday 11/21, then we'll submit all the permit application docs to the city." This appears on the first page of Exhibit C. 4. On November 22, 2019, the day after the scheduled neighborhood meeting, I received a text message from Elisabeth Songe and her husband Didier, who informed me that they had been home all night with the lights on but nobody came to the meeting. 5. This declaration is made on my personal knowledge and under penalty of perjury. Dated this 6th day of April, 2020. /s/Jenny Hay Jenny Hay Meridian City Council Meeting Agenda May 19,2020— Page 10 of 113 Jenny Hay From: Jenny Hay Sent: Thursday, November 7, 2019 2:43 PM To: Jennifer Hay Subject: FW: [EXTERNAL] 300 & 100 ft Radius - Neighbor addresses needed - 5343 N Maplestone Attachments: AddressList.csv,AddressLabels.pdf,AddressList.csv,AddressLabels.pdf J1 Jenny Y Ha Project Manager Refugee Childcare Business Development 1607 W Jefferson Street :: Boise, ID 83702 208-947-4262 :: ihay cr lannus.org eoiannus.org ECONOMIC OPPORTUNITY hY JANNU1 Privacy Notice: This message from JANNUS, Inc. and any attachments are intended only for the personal and confidential use of the addressee or the employee or agent responsible to deliver it to the intended recipient. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law. If you have received this message in error, are not a named recipient or an authorized representative of the intended recipient, do not deliver, distribute or copy this transmission, disclose its contents or take any action based on the information It contains. If you have received this ccmmun�IcaL In error, notify us immediately at 208.336.5533 and delete the message and any attachments from your system. From: Kimberley Tabarini [mailto:ktabarini@meridiancity.org] Sent:Wednesday, October 30, 2019 4:41 PM To:Jenny Hay<Jhay@jannus.org> C1.. U111 fgIJVIIJ<UpgIJVIIJLWIIICIIU Idlll.11y.olg> Subject: [EXTERNAL] 300& 100 ft Radius- Neighbor addresses needed -5343 N Maplestone Good Afternoon Jenny, I left you a voicemail regarding this information. I received the forwarded message below from Bill Parsons our Planning Supervisor,since Kevin Holmes is no longer with the City of Meridian. Attached you will find two sets of the Property Owner Lists,one within a 300 ft.&and the other within 100 ft. radius of the property marked with a red X in the Vicinity Maps below. I have included the CSV raw data file as well as the PDF address file for each.Since we did not have enough information to determine if a 300 foot or 100 foot list was needed, I provided both. The City does not have a standard letter that is required for a neighborhood meeting.There are some key elements you should include when sending out your notices for that meeting:location,date/time, project name and a brief explanation/description of your project. Make sure to have a sign-in sheet at your meeting for neighbors to sign that they were in attendance. 1 Meridian City Council Meeting Agenda May 19,2020— Page 11 of 113 2 Meridian City Council Meeting Agenda May 19,2020— Page 12 of 113 Vicinity Map 0.2 75 rhles0 @9Bt7C1 R-� —j _ :,t f ea-r ray.er j raa xc.� .� c c. h F7C;e.'.i i_�CC7f16ti � P— r•n�:i Yo�'r!O�.ia ri ^�+N oaa � _ _ W AHAT4ILL ST .. 4 ZI ' CRE - r W-AY;LLA Oft C _K T li R-8 _ LOB F LBRLS SS 1:-_� .v V',5 r u_-�;F` -�� Uier.ooCO- t NA- '2,�,o o 3 Meridian City Council Meeting Agenda May 19,2020— Page 13 of 113 Vicinity Map I-Ales Legend it if you have any questions regarding the attached information please feel free to contact Bill Parsons or myself. My contact information is below. Kind Regards, Kim Tabarini | Administrative Assistant U City ofMeridian | Community Development S3E. Broadway Ave, Suite 102 Meridian, Idaho O3G4Z Phone:4O9'U57O 8uiltfbr Business, Dask/nedfbrLiving All e-mail messages sent tno/received by City of Meridian e-mail accounts are subject m the Idaho low, 4 Meridian City Council Meeting Agenda May 1S.2O2O— Page 14of113 z z z z -�O �Q z z x � � v � � •P � 4�:t � � •P 4 A •P v J v v V v J v v v v v v O rn rn rn rn rn rn rn am m rn rn m a) 70 00 00 00 00 00 00 00 00 00 00 00 00 00 0 m rn m rn rn rn rn rn rn m rn rn m I- F� F" F" F" N O O 0 O O O O O O O O O O O O O W W W W N N I-" O O O (J7 U'7 l!1 M .A N O N O W M 4�, N l0 00 W O O O O O O O O O O O O O L. c = _ _ _ _ _ _ _ _ c O fD � D D > D D D D D D N � � m m �• C1 n m m m m m m m m m n r FD z z z z z z z z z z � r OIL �, S 1 Ci m Gl G) G) G) G) G) G) G) G) Z m A d m m m m m m m m m n T O T 0 C � w O rn m m m m m m m m 70 0 0 0 0 0 0 0 0 0 0 N O 1 n Z m m m m m m m m m Z = ZZZZZZzZz C D Z Z Z z Z Z z Z Z D 01:� �• n D cn oo D D C �: •\ LO �q LD "D k�o LO �p �q �O �.O < w �D G w Q ` N -I �I v v v v -I v v m w N m w Q �. m m m m m m m m m Z � Z N •J D 0 0 0 0 0 0 0 0 0 D m m m m m m m m m > > O rn '`►� \� m r r r r r r r r r r m r D D D D D D D D D N Z N O (v �v N z Z z z z z Z Z z i m S 0 0 0 0 0 0 0 0 0 p cn p C z z z z z m O m m m m m m m m m m O m C _ CZ- m ZL 0 0 0 0 O 0 0 O O 0 m O aj U, p D D D D D D D D D D p D rD rO 00 z z z z z z z z z 00 z N .`i 0 -a 'S - �, 00 00 w w w 00 w 00 00 00 00 00 T w w w w w w w w w w w � �p o m m m m m m m m m m o rn N N N N N N N N m 00 m �- O O O O O O O O O O O O O O O O O O O ' C Meridian City Council Meeting Agenda May 19,2020- Page 15 of 113 in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law. From: Bill Parsons<bparsons@meridiancity.org> Sent:Wednesday, October 30, 2019 2:24 PM To: Kimberley Tabarini<ktabariniC«@meridiancity.org> Subject: FW: Neighbor addresses needed -5343 N Maplestone Hi Kimmie, Would you please assist Ms. Hay with his neighborhood meeting list. He didn't provide enough information to know if it is the 300 or 100 foot radius. Thanks, Bill Parsons,AICP I Planning Supervisor City of Meridian I Community Development Dept. 33 E. Broadway Ave.,Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Fax: 208-489-0571 ����•�E Built for Business, Designed for Living ©oEl 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:Jenny Hay<Jhav@iannus.org> Sent:Wednesday, October 30, 2019 2:17 PM To: Kevin Holmes<kholmes@meridiancity.org> Cc: nate@idahopropertypeople.com Subject: Neighbor addresses needed -5343 N Maplestone Hi Kevin, My client Elisabeth Songe is about to close on a new home at 5343 N Maplestone, Meridian 83646. Elisabeth intends to re-establish her childcare business there, and I'd like to get ahead of the game on scheduling their neighborhood meeting, etc. Could you please email me names and addresses of the homeowners she will need to invite to her neighborhood meeting? Thank you! Jenny Hay Project Manager Refugee Childcare Business Development 1607 W Jefferson Street :: Boise, ID 83702 208-947-4262 :: ihay(@_iannus.org eoiannus.org ECONOMIC OPPORTUNITY 5 Meridian City Council Meeting Agenda May 19,2020— Page 16 of 113 Privacy Notice: This message from JANNUS, Inc. and any attachments are intended only for the personal and confidential use of the addressee or the employee or agent responsible to deliver it to the intended recipient. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law. If you have received this message in error, are not a named recipient or an authorized representative of the intended recipient, do not deliver, distribute or copy this transmission, disclose its contents or take any action based on the information it contains. If you have received this communication in error, notify us immediately at 208.336.5533 and delete the message and any attachments from your system. 6 Meridian City Council Meeting Agenda May 19,2020— Page 17 of 113 Jenny Hay From: Jenny Hay Sent: Saturday,April 4, 2020 8:34 AM To: Roger Howell Subject: Re: [EXTERNAL] Re: Inquiry re: Neighborhood meeting invite from Elisabeth Songe Hi Roger, Thank you for this. I mis-typed in my inquiry below; I meant to say I mailed the neighborhood meeting invitation to you in early November 2019 (not March). Please excuse the repeat request but do respond to confirm that it was November (around the 8th or 9th) when you received the invitation in the mail. Best, Jenny Hay, Project Manager Refugee Childcare Business Development Jannus Economic Opportunity (208)947-4262 From: Roger Howell<themortgageboss@gmail.com> j 3 -7 if Mael&- f )L Sent: Friday,April 3, 2020 6:01 PM To:Jenny Hay<Jhay@jannus.org> Subject: [EXTERNAL] Re: Inquiry re: Neighborhood meeting invite from Elisabeth Songe Hi Jenny, I did receive the notice in the mail for the neighborhood meeting. i did not attend the meeting, as 1 have no objections to my neighbors having a day care business. From what I've seen, there have been zero issues in my neighborhood as a result of their business. If you need anything else, let me know. Roger On Fri, Apr 3, 2020, 4:46 PM Jenny Hay <Jhaynao,,jannus.org> wrote: Dear Roger, I appreciate your taking my phone call today. As I stated previously, your neighbor Elisabeth Songe (5343 N Maplestone) is my client and in November, I assisted her with applying for an Accessory Use Childcare permit. One requirement for the permit application was to hold a neighborhood meeting for property owners within 100' of Elisabeth's property line. As your property falls within this range, I drafted and mailed an invitation to you at 5337 N Maplestone on 11/7/2019. That mailing both described the nature of Elisabeth's Accessory Use proposal and invited you to a neighborhood meeting scheduled on 11/21/2019 at 6:00 pm. Please reply to this email to confirm whether or not you received this invitation in early March, and any subsequent decision whether to attend the meeting. If you have questions, please call me at (406)451- 3208. 1 Meridian City Council Meeting Agenda May 19,2020— Page 18 of 113 Thank you! Jenny Hay, Project Manager Refugee Childcare Business Development Jannus Economic Opportunity (208)947-4262 2 Meridian City Council Meeting Agenda May 19,2020— Page 19 of 113 Jannus Economic Opportunity 1607 W. Jefferson St. Boise, ID 83702 Po!?nnus.org IV (C?Iffz�fJ61) Nt�� l7/��7 JOMUS Meridian City Council Meeting Agenda May 19,2020— Page 20 of 113 November 7, 2019 Subject: Neighborhood meeting for Elisabeth Songe family childcare Dear Neighbors, I am interested in establishing a family childcare within my home at 5343 N Maplestone Ave, where I will serve no more than six children under age 13 (including my own). I would like to provide an opportunity for my neighbors to ask questions or learn more about my childcare plans. So, I will be hosting an informational gathering at my new home on ill 1,01 q at 6,-30 FM . If you are unable to attend but do have questions, please contact my husband Didier at (208)789-8687. I've also included some basic information below. How do Family Child Care Homes operate? Although I will determine my own program services, hours (within Meridian code), parent fees, etc, most family child care programs operate weekdays from 7 a.m. to 7 p.m. Since parents' work schedules differ, children may arrive over a period of two hours in the morning and leave during a similar period in the late afternoon. My husband will provide transportation for some children. This will reduce the number of vehicles likely to stop at our home at one time. Parents are encouraged to escort children safely to and from cars to the home. While children are in my care, I will be responsible for their supervision at all times, including indoor activities, outdoor play, and on walks or vehicle trips away from my home. I anticipate outdoor play time to be limited to one hour after 9 am and one hour after 1 pm, and noise will be kept below the maximum stipulated by Meridian officials. Thank you, Elisabeth Songe If you need further information or assistance, please contact: Meridian Planning Department: (208) 489-0573 (regarding neighborhood impact issues) dahoSTARS: 800-926-2588 Meridian City Council Meeting Agenda May 19,2020— Page 21 of 113 Jenny Hay From: Jenny Hay Sent: Monday, November 18, 2019 3:11 PM To: Crystal -MGM Cc: kuzindila2004@gmail.com Subject: RE: [EXTERNAL] RE:Jump Creek Subdivision HOA info Great—thank you Crystal. Even with just the small (6 or fewer) accessory use daycare, Meridian does require a planning and zoning permit application for approval,which includes contacting property owners within 100 feet and hosting a discussion meeting, submitting a narrative, a fire inspection, etc. I've worked with the city several times before and am confident helping Elisabeth with the permit application AND helping her(and her husband, CCed here) understanding the permit parameters per Unified Development Code. Elisabeth's neighborhood meeting, per code, will be Thursday 11/21,then we'll submit all the permit application docs to the city. The small childcares my clients operate are somewhat unique in that many provide transportation for their clients (including Elisabeth) which prevents any potential parking concerns or noise in the street/driveway. If any of the relevant property owners have questions,they have already received an invitation that includes a brief narrative, Didier and Elisabeth's contact info, my contact info,and the Meridian P&Z department contact. Best, Jenny Hay Project Manager Refuqee Childcare Business Development 1607 W Jefferson Street :: Boise, ID 83702 208-947-4262 :: ihayCa.iannus.org eoiannus.orq ECONOMIC OPPORTUNITY sy JA► MU% Privacy Notice: This message from JANNUS, Inc. and any attachments are intended only for the personal and confidential use of the addressee or the employee or agent responsible to deliver it to the intended recipient. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law. If you have received this message in error, are not a named recipient or an authorized representative of the intended recipient, do not deliver, distribute or copy this transmission, disclose its contents or take any action based on the information it contains. If you have received this communication in error, notify us immediately at 208.336.5533 and delete the message and any attachments from your system. From: Crystal-MGM [mailto:Crystal@gomgm.com] Sent: Monday, November 18, 2019 2:55 PM To:Jenny Hay<Jhay@jannus.org> Cc: kuzindila2004@gmail.com Subject: RE: [EXTERNAL] RE:Jump Creek Subdivision HOA info Jenny, i Meridian City Council Meeting Agenda May 19,2020— Page 22 of 113 Please refer to Section 3 below.You should be okay please make sure you check with the city for required permits. Section 3. I lome Occunations. Assuming all governmental laws, rules, regulations, and ordinances are complied with, home occupations may be conducted from the interior orDwelling Units provided such home occupations do not increase the burdens on the streets within the Property (including increased traffic). ll'the Board determines, in its sole and absolute discretion,that a home occupation is increasing the burden on the streets,the Board shall have the right to terminate any Owner-s ability to conduct a home occupation frorn his or her Dwelling Unit. Notwithstanding the foregoing, Declarant m::y conduct any business operation it sees fit from any portion of the Property owned by it,regardless of the impact on the streets. Thank you, Crystal Account Manager POB 1246 Meridian,ID 83680 crystal@gomgrn.com www.gomgm.com (208)846-9189 office (208)955-2675 fax MGM Expertise. Experience.Accountability How was our service? Please let us know by leaving a positive review. From:Jenny Hay Sent: Monday, November 18, 2019 2:48 PM To:Crystal -MGM <_Crrystal@gomgm.com> Cc: kuzindila2004@gmail.com Subject: RE: [EXTERNAL] RE:Jump Creek Subdivision HOA info Hi Crystal, I appreciate your prompt response. Elisabeth does not plan to alter the exterior of her property in anyway—no signs, structures, or any other item visible to neighbors(her realtor told me a standard subdivision fence will be in place in a week based on the developer's plan). Based on the first question/answer on the attached document, it sounds like the board does not require any form from Elisabeth. 2 Meridian City Council Meeting Agenda May 19,2020— Page 23 of 113 Please let me know your thoughts—thanks! Jenny Hay Project Manager Refuqee Childcare Business Development 1607 W Jefferson Street :: Boise, I D 83702 208-947-4262 :: jhaV(�9annus.org eoiannus.orq ECONOMIC OPPORTUNITY Privacy Notice: This message from JANNUS, Inc. and any attachments are intended only for the personal and confidential use of the addressee or the employee or agent responsible to deliver it to the intended recipient. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law. If you have received this message in error, are not a named recipient or an authorized representative of the intended recipient, do not deliver, distribute or copy this transmission, disclose its contents or take any action based on the information it contains. If you have received this communication in error, notify us immediately at 208.336.5533 and delete the message and any attachments from your system. From: Crystal-MGM [mailto:Crystal@gomgm.com] Sent: Monday, November 18, 2019 2:36 PM To:Jenny Hay<Jhav@iannus.org> Subject: [EXTERNAL] RE:Jump Creek Subdivision HOA info Jenny, I have attached an ACC form, please fill out and send back over to us. We will send it over to the board, once we get a response from them (we typically ask 2-3 weeks) it just depends how quickly they get back to us.Typically they respond sooner. Thank you, Crystal Account Manager POB 1246 Meridian,ID 83680 crystal@gomgm.com www.gomgm.com (208)846-9189 office (208)955-2675 fax MGM Expertise. Experience.Accountability How was our service? Please let us know by leaving a positive review. 3 Meridian City Council Meeting Agenda May 19,2020— Page 24 of 113 From:Jenny Hay Sent: Monday, November 18, 2019 10:46 AM To: Crystal-MGM <Crystal@gomgm.com> Subject:Jump Creek Subdivision HOA info Hi Crystal, My client Elisabeth Songe just closed on a home in the Jump Creek Subdivision. I support refugee childcare providers, including Elisabeth, through business technical assistance and training to start and maintain small childcares(6 children or less). Elisabeth is a Swahili speaker,which is why she is not initiating this contact. I need a Jump Creek HOA contact to let them know that Elisabeth is planning to submit an accessory use permit app soon for an in-home family childcare. It looks like the HOA is currently managed by the developer CBH Homes—should I call them directly? Thanks, Jenny Hay Project Manager Refugee Childcare Business Development 1607 W Jefferson Street :: Boise, ID 83702 208-947-4262 :: ihayCa�iannus.org eoiannus.org ECONOMIC -� OPPORTUNITY �T lAR/7i 1f1 Privacy Notice: This message from JANNUS, Inc. and any attachments are intended only for the personal and confidential use of the addressee or the employee or agent responsible to deliver it to the intended recipient. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law. If you have received this message in error, are not a named recipient or an authorized representative of the intended recipient, do not deliver, distribute or copy this transmission, disclose its contents or take any action based on the information it contains. If you have received this communication in error, notify us immediately at 208.336.5533 and delete the message and any attachments from your system. 4 Meridian City Council Meeting Agenda May 19,2020— Page 25 of 113 _ Jump Creek Subdivision PO Box 1246 Meridian,1D 83680 www•goMGM.com al Phone:208-846-9189 Fax:208-955-2675 Elisabeth Songe&Didi., 5343 N Ma <,r wua plestone Ave Meridian,ID 83646 RE:Architectural Submittal for 5343 N Maplestone Ave *,\ Account#:44527 December 17,2019 _ Dear Elisabeth Songe&Didier Kuzindiia, The Architectural Review Committee for Jump Creek Subdivision has reviewed and APPROVED your ACC ran„cc}F— a in home business at your residence.In this case,the businac�hours between �a.,, Q. - - rYrn,has b --- ununrg an in home - _.,w:,L been reviewed and fni + daycare during the,.,00k.. communir;,in --- nd.o have a 6� etai and shall be allowed as long as there are no negative impacts;noise or traffic complaints for example. Please follow the plans you have submitted in your request and applyrfornar Impact on the surrounding homes and the provides direction and approval based on neighborhood CCR's and does not reviewits tprojects for building code requirementshat the CitY may require. e p or city ordinances. It is the homeowner's responsibility to coordinate all permits,city plan reviews,and t done in compliance with applicable codes,ordinances,and statutes. i,.. o ensure all work is Your patience and cooperation with the architectural review process is a J Ppreciated.If you have any questions,please contact the association at www.90MGM.com. F ACC r practices ova/niplans shall not constitute a representation,othentofion,warranty,or guorontee that such plans and specifications comply with engineering design practices or zoning and bu%!ding ordinances,or other governmental agency regulations orrestriclions. The ACC shall not be responsibleJorreWewing,nor shall its o pproval of any plans or design,be deemed approved from the standpoint ofstructural safety or conformance with building responsible fher views , approving such plans and specifications,neither the AAC, By the Members thereof,the Association,a or y ny Member thereof,their Board of Directors an Members thereof,or the Declarant assumes any liability or responsibility therefore or jar any deject in the construction or%mprovement from such plans or r specifications. As provided in the CC&R's neither the ACC,the Association,the Board of Directors or the Association or any Members thereof,not the Declarant or Developer shall be liable to any Member,Owner,Occupant,or other person or entit account of(1)the approval or disapprovalYfde fectiv any damage,loss or prejudice suffered Or on work whether or not pursuant to the approvvee s any plans,drawings,orspecitotions,whether or not de ,or(2)the construction or performance ofany ,+r d plans,drawings,or specificaations. e Sincerely, a Architectural Review Committee for Jump Creek Subdivision PO Box 1246 Meridian, ID 83680 208-846-9189 www.90MGM.com " �reA {jr _ Meridian City Council Meeting Agenda May 19,2020 Page 26 of 113 i Declaration of Elisabeth Songe Re: Frazier Council Review (H-2020-0011), City of Meridian The Declarant, Elisabeth Songe, hereby states and declares, with the assistance of a Swahili-English interpreter, as follows: 1. I wish to appeal the final decision reached at the March 24, 2020 public hearing regarding the Frazier Council Review. I am requesting a reconsideration of that decision to revoke my Accessory Use Permit for a childcare at my home at 5343 N. Maplestone Ave. in Meridian. I think it was based on a mistake regarding the neighborhood meeting and another mistake about the possible outcome of Mr. Frazier's complaint. 2. The letter of revocation I received, dated March 30, 2020, states that the Meridian City Council "...reversed the Director's action due to insufficient evidence that a neighborhood meeting was held in accord with Meridian Unified Development Code 11-4-3-9(A)(6." With the help of Jenny Hay at Jannus Economic Opportunity's Refugee Childcare Business Development project, and my husband Didier, I completed invitation letters dated 11/7/2019 to the four owners of properties within 100 feet of my property, describing my proposed childcare and inviting them to a neighborhood meeting on November 21, 2019 at 6:30 pm. I asked Jenny Hay to mail the four invitations on November 7, 2019. The addresses to which Jenny mailed the invitations were provided to Jenny by Kim Tabarini with the City of Meridian. On November 21 , 2019, 1 and my husband Didier waited at our 5343 N. Maplestone home all evening, with lights on, but no one came to join us for a meeting. In the permit application documents I submitted at City Hall, I included the invitation and sign-in sheet, with notation that no one attended. 3. Neither I nor my husband Didier attended the public hearing on March 24, 2020, because as English language learners, we were confused with the language of the public hearing postcard mailing and sign. Shortly after receiving the mailing, we attended a medical appointment and asked the case worker to review the mailing with us. My understanding, after a limited conversation with the case worker, was that the hearing was not required for me, but only for neighbors who had concerns or questions about my permit. I believed it was a formality and that I was only receiving the mailing to know I was invited to attend. Before the meeting, there were government orders to not attend large meetings because of the disease and we did not want to go anywhere that wasn't required. I did not recognize the name listed on the sign (Nick Frazier) and did not understand that anyone had appealed my permit. A copy of the postcard we received is attached as Exhibit A. It did not say what the hearing was about or that my childcare license could be at risk. Had I known the hearing could result in my losing the permit, I would have been there. Meridian City Council Meeting Agenda May 19,2020— Page 27 of 113 4. The money I got from the childcare business is half of the family income and I don't think we would have qualified for a home loan without it. My husband's work hours have been cut back because of the disease and I'm afraid we won't be able to make payments to the bank for our house if I don't have my childcare money. It has taken a long time to save up the house money. 5. When I received the letter of revocation, I did not fully understand it and communicated immediately with Jenny Hay on April 2, 2020 for assistance. 6. This declaration is made on my personal knowledge and under penalty of perjury. Dated this 6th day of April, 2020. /s/ Elisabeth Songe Elisabeth Songe Meridian City Council Meeting Agenda May 19,2020— Page 28 of 113 VicipilitV map Co Of Meridian Public Hearing NQ& E3- F Elr�n Locatedi 33 Ew Broadway. MeridOn. ID Date and TiffW..March 24,2020 6p.m. Apolkation. F FaZleF Council:Rev�@w H-202MG1 I Li Appliocarit Wk Ffazief Located: 534 3r N. Maplestone Ave t,g*p2.A http:I/Ni.h/)K202G-OD11 446; R LU 1,To Reviiarw DirecWs AwcrvaJ otan Amessory Use for a Wycwe,FarnOy(A-21319-0388) ROW-TO P ROVIDIE.COMMENTS Any interested Persons wiShinq tO t05tIfY are wel. COMe tD CID so at the!public hearing listed on this Minutes per person. W rit1eq terA i rn Dny may be q,,b_ rKAftation. Oral testimony rh" j�*_jWnilill lni3 mitted p6oF to the hearing date ei;thef by mail or in z $ 000.15 0 Person to Vleftan CIty Clerk. 33 E. Broadway SuftL- 02 4 0000370970MAR 03 2020 104,Merid0n,Idaho 8.3ES42 or by email to 1 icierkPmeridiaricity.org, by vow-email at 208-288 -5tu'l.101 by texting the word Torn mvnt�to 3-19%. All written testimony and all materials pfesrmnled at 1he bearing become property of the Cpty of VlerkNan and public records subjec:t to the provizsi�ons of the Idaho Public Rectwds AL-t. Applications are SjjI))eCt to change thrDugliout the pubk hearing process and it is incvm bent on inleTer4ted persons to mom.tot KOZI N D I LA D I DIER.SONGE E LJ sABE r H such changes by folli�whiq.the process in pemn, 5343 N MAIPLESTONE AVE ordine.or by contacling City staff.Seo http-it bft,ly�209PH.Cort2ct the Community Developmemll MERIDIAN. ID 8364&0000 Department at 2DB-884-5533 10F TKKe informff". AMQMMQ0A-n0NS An yone desiring accom mod ation for disabljiit� *ated tu 11ne docurnerls andlor �leanngs"Se contact the City ClerWs Ofte at 2DB-888-4433 at leas.,72 hours plJor to 1he hearing. FreqL*ntkA&xWw@d[ons h".Ilmeddiancfty.orglp[anninWoerH�raUfaq-Mmi P,vUbc Hearing phnauces; 114,11111h fill 11 t"11 1/1,111h J1,Iffildl Meridian City Council Meeting Agenda May 19,2020- Page 29 of 113 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item -7.13. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing Continued from May 5, 2020 for Idaho Central Credit Union (H- 2020-0016) by Idaho Central Credit Union, Located at 3152 W. Peak Cloud Ln. Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: ATTACHMENTS: Memo to Council Cover Memo 5/15/2020 Staff Report Staff Report 5/15/2020 REVIEWERS: t Clerk. Weatherly,Adrienne Approved 5/15/2020 - 3:08 PM Meridian City Council Meeting Agenda May 19,2020— Page 30 of 113 Mayor Robert E. Simison E IDIAN.� City Council Members: =�� Treg Bernt Brad Hoagiun Joe Borton Jessica Perreault Luke Caverier Liz Strader May 14,2020 MEMORANDUM TO: Mayor&City Council CC: City Clerk,Bill Nary,Applicant FROM: Sonya Allen,Associate City Planner RE: Idaho Central Credit Union(ICCU)—MDA H-2020-0016 This project was heard by the City Council on April 14'. At that hearing, Council directed the Applicant to revise the development plans to be more consistent with the design elements in the Ten Mile Interchange Specific Area Plan(TMISAP) as noted in the staff report. The Applicant has submitted a revised conceptual development plan,building elevations and perspective renderings of the building as requested(see attached). Staff has reviewed the revised plans for consistency with the design elements noted in the staff report and offers the following analysis: • Although the proposed use is by nature vehicular focused,pedestrian walkways are proposed from perimeter sidewalks along adjacent streets and driveways to the main building entrance from all four sides of the site consistent with the Plan and UDC 11-3A-19; • The structure has been moved to the corner with the drive-through lanes and parking to the south of the building creating a street-oriented design with a consistent edge to the public space making streets more friendly and walkable consistent with the Plan; • Although the new building exceeds 30 feet in height in accord with the Plan,it does not have a continuous unbroken frontage along required build-to lines for at least 75%of the property frontage as desired; • No gateway features are proposed to announce arrival at the Ten Mile area at this prominent intersection as desired.in the Plan. Due to the high visibility of this site, Staff recommends some sort of gateway feature is provided to identify the unique identity and sense of place of this special area for citizens and visitors..entering the Ten Mile area.Staff has requested the -Applicant address this at orprior to the hearing. ��-0om`mur-fity Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 20�r� �itaur�c� a�r� Yd� j�0�i '1Q • The building now holds the corner at the intersection and avoids additional building setbacks consistent with the Plan; • The design of the building meets the minimum 40% of the linear dimension of the street level frontage along Ten Mile and Franklin Roads in windows or doorways as desired; • The floor area ratio(FAR)has increased from 0.06 to 0.22 with the increase in building square footage from 5,672 to 19,200 square feet.Although a substantial increase,it's still not consistent with the goal of 1.00-1.25 or more in this area; • The height of the building was increased from 1-story to 2-stories consistent with the Plan; and, • The building appears to be generally consistent with the 30%of buildable frontage of the site occupied by building facades required by UDC 11-3A-19 in mixed use designated areas. Based on UDC standards for self-service uses,specifically financial transaction areas, and drive-through establishments, Staff recommends the original recommendation for screening to be provided within the street buffers adjacent to drive-through lanes is stricken. These areas are required to be visible from the public street for surveillance purposes. Staff also requested the Applicant work with Brighton Corporation to come up with a palette for future buildings in this area that addresses key elements such as materials(i.e.walls,roofs, architectural elements,etc.), colors,etc. to unify the development. Buildings may have individuality but should share key design elements/colors as set forth in the Plan. The Applicant did coordinate with Brighton but only for this building;the Applicant states the exterior materials for this building are consistent with the information provided by Brighton. To ensure future development in this area shares similar design elements, Staff would like to see a design palette or guidelines for the overall development incorporated in the amended DA. Staff has requested the Applicant address this at or prior to the hearing. Meridian City Council Meeting Agenda May 19,2020— Page 32 of 113 2 1 2 13 14 15 16 w° y Y Baptist Church ew ana s m y W S"-D,ree,m Insurance Auto Auctior W. FRANKLIN ROAD Stor-It Self StorageQ a Q • : . , 10 11 `- 15 14 - - - - - - - - - - - - - - - _ _ S89.09'27"E - _ - 11 The Franklin at Ten Mile Ten Mile Cascade Student 2657.99' - - - - - - - - ®1/4 :harter School Christian Church Transportation • , ® Campus Q Interstate All 14 PROJECTsSITE Republic Service,Q Battery Center Q . W. FRANKLIN RD. Dutch Br. W Franklin Rd W Franklin Rd W Franklin Rd Pur _ A Firehouse Pub&Grill Tenmile Cr'I wc,ee"neo CUP SITE PLAN o zo 40 CURVE TABLE o _ •- LU Feet CURVE # LENGTH RADIUS DELTA BEARING CHORD _ w o �m Peregrine • - C• � : � Elementary School Q . C1 17.24' 163.50' 6.02'23" N88.02'37"E 17.23' Z AmeriBen/IEC Group ww.nm. ww,nma.s, W V l C2 139.52' 200.82' 39.48'15" S21'35'12"E 136.73' H w r. „"^ = COPYRIGHT All rights reserved. Reproduction or use in any form 9 9 /` Bright Shining or by any means--graphic,electronic,mechanical,etc.--without C6righton Homes Idaho Q Stars Preschool written permission of LOMBARD CONRAD ARCHITECTS,P.A. 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T :G EK SUBDIVISION NO. 2 \ \ 7 Q l 35.55' \ o Z > - - - - SUBDIVISION BOUNDARY LOT 10 BLOCK 2 ---------- - - UTILITY&DRAINAGE EASEMENT \ `� \ I O PARCEL 1 __ z I 5.10' 17D SLOPE EASE.-;"-.,,,'II it_� / 11 \ II �° \ I z SITE ADDRESS: 3152 W. PEAK CLOUD LN. MERIDIAN, ID IDAHO CENTRAL W ii - 10 • ' \ I z I 7.00' I m \ I - PARCEL NO.: R8483020010(SEC 14 T.3N RAW) _ R P PROPOSED PRESSURE IRRIGATION CREDIT UNION 4.. 2 00 F I 14 I C6 IRR PROPOSED GRAVITY IRRIGATION � •"J;' '�..�>'. • ;• �o• I �P�'• \ I LOT& BLOCK: LOT 9 BILK 2 TM CREEK SUB. NO.2 l 12 ZONING: (C-G) SS PROPOSED EDGE OF GRAVEL ON /0 >\\ I PARCEL AREA: 0.549 AC EP EP PROPOSED EDGE OF PAVEMENT 9 10.13 I � I I UG LANES TURN� � �12-.. � I - �\ � �\\ W yy PROPOSED WATER 15.00' \ \ I PARCEL 2 SD PROPOSED STORM DRAIN SITE ADDRESS: 71 S. INNOVATION LN. MERIDIAN, ID 46.93' 25.00' �® �T � • • 81.5� C1 ___-_I \ PARCEL NO.: R8483020020(SEC 14 T.3N R.1 W) PROPOSED FIRE HYDRANT I R B - 35.0 S . a:• . .e f .: 0 is 0 0 --J EN 0' p o : ': : ` � �� \ r 9 I LOT& BLOCK: LOT 10 BLK 2 TM CREEK SUB. NO. 2 Y 1RYWA _ N• \ \Y Of 1 I _ ZONING: C G l ' CORRIDOR •°� •� � �� ' '� ' ` ' •� •`1�°� � .�:.. � "°�'� \ , \ � G' ( ) O CONTIGUOUS PARKING STALL COUNT LANDSCAPE BUFFER I I \\ PARCEL AREA: 0.864 AC CONSULTANT: 00 N m \``` JN ► I \\\ Project Notes - z . 11 ,' > - 83 �N I PARCEL :. - ._ . w 14 N m o /� ♦ // dw L I ME?,\ID\ \ 1 SITE ADDRESS: 85 S. INNOVATION LN., MERIDIAN, ID •' • '•• I ® ® ® `� / , �� x •MWAY \� 1. STORM WATER WITHIN THE SITE DEVELOPMENT LIMITS •: : . :• . o M = I 11 �\ a a P EAgE \ PARCEL NO.: R8483020030(SEC 14 T.3N RAW) �; ;• WILL BE RETAINED ONSITE. ' \ • • • :. 1 13 1 t o I / 'p•� LOT&BLOCK: LOT 11 BLK 2 TM CREEK SUB. N0. 2 �n ' o ..':".`,.'e o o /� $ Sp, _ \ 2. LANDSCAPING WILL BE IRRIGATED UTILIZING THE EXISTING m z 0 , \ `"' ZONING: (C-G) SUBDIVISION PRESSURE IRRIGATION SYSTEM. I a 9.00' 01 I Rl D �`�° \ �` ' \ - (�•lo ) 6 PARCEL AREA: 0.620 AC ° _ 3. SITE LIGHTING WILL COMPLY WITH THE M.C.C. % 50 - - !_ o O _ _ \ \ - -N- ,BMA�, . .::, :•.:. ::.. :'°,:.•_..>' .': .-.: i : EHIS257801 \ Flood lain Notes Project Information and Contacts ° 1 OWNER BRIGHTON LAND HOLDING LC l . .•.. .: . . r.�. : . : `� `. EMOARZO ZONE A FLOOD STUDY WAS PREPARED S8••26,50.E° • ., o ... . _ 12 -•.-. - _o - - - - llllllllllllllllll♦ � .: : . .. : _ �3 TO DEFINE THE FLOODWAY, FLOODPLAIN AND 11 oyo 04 �FEMA ZONE A BOUNDARY \ \ BASE FLOOD ELEVATIONS AS PART OF THE TM APPLICANT IDAHO CENTRAL CREDIT UNION 14 11 10' X 12' _► \ \ CREEK SUBDIVISION PROJECT- NO FURTHER o TRASH ENCLOSURE `� `� \ \ AURORA RIOPELLE ZO STUDY IS REQUIRED. `500, \ LOMBARD/CONRAD ARCHITECTS - -i �.. l BEGIN RIGHT 2.89 l .. ,.. •• .° •. •. � rn. _ - ; 2. NO STRUCTURES ARE PROPOSED WITHIN FEMA 1221 SHORELINE LN. I� .. `�' 1 TURN ... .. •. •: . . . .°. .. ° . • . .•.;.•. o .. .. . .. �. 12 _:. ".,•. •.. ' �.• o •. ;L•. ' � ARCHITECT _ ;Yoe o..°. .. . .. . •• .• ... .,,• _ - _ , . 'o •:. ° �. •°° !1'��••.'..•.°'.' ZONE A. A FLOODPLAIN PERMIT WILL BE BOISE IDAHO 83702 :° 12r 7 I 35.00 15.00 O� `• _ 12• \ \ U R OBTAINED F THE SITE THAT T.208.345.6677 18 O FOR AREAS O S cn EN .20 ENTRYWAY °� \ \ \ ENCROACH INTO FEMA ZONE A. AURORAR@LCARCH.COM w LANDSCAPE ® 28.00' 9.00' �� \ �2 \ 0 TEST HOLE 11 9.00, �.o TYP. 11 . `. \ ( ) \ WATER R BUFFER & SEW E 11 er 0 0 6 10 � 0 9 TYP. 0 11 o � 1• � CITY OF MERIDIAN O d TM CREEKSUBDI ISICN 0. 2 \ SERVICE PROVIDER 7 9 I PRESSURE IRRIGATION 9 SUBDIVISION PI SYSTEM 13 0o so• I �'� LOT 11 BLOCK 2 \ \ �. so, SERVICE PROVIDER 30.75 LANDSCAPE' ` g� EE " ADA COUNTY HIGHWAY DIST., w N BUFFER 4 N 4 N 13 N 13 ROADWAYS < r ~ y TM CREEK SUBDIVISION NO. 2 o y o 14: o y � �� ITD AND PRIVATE STREETS Q \ 9 PROJECT DATA l 9 ,�,I I yo LOT 9 BLOCK 2 ,per N I �s yo \;� ; PUBLIC Y M 'tih �IrCP DO- �j0 I o o Q`� ` `\ S�\ CE EASE. 2 ` `�\ \ 12� \ SITE ADDRESS: MULTIPLE ADDRESSES-SEE PARCEL TABLE z 6 9.00' N 9.00 N ��` \ `�' PARCEL NO.: (3) PARCELS-SEE PARCEL TABLE 11 (TYP•) CD 12 �� F JOB NO.: 19230.01 REALTY I El 11 (TYP.) o 12 11 �` �`�A Si ZONING: (C-G) DATE: 5-14-20 ` ACHD SIDEWALK EASE.' 2 I ` \ � MIN. BLDG SETBACKS: FRONT=0'; REAR=0'; INTERIOR SIDE=0' DRAWN BY: RKE t=A28.00' �O- CHECKED BY: RKE ` 4 \ ' \ LANDSCAPE BUFFERS: TEN MILE RD. =35'; FRANKLIN RD. =25' 5.00' `. �� \ �\ - 1 11 11 � \� 12 BUILDING AREA: 19,200 S.F. (1ST FLR. =7,900 SF; 2ND FLR. = 11,300 SF) ��,, 5 ss \\ / TOTAL SITE AREA: 2.033 AC PHASE: CUP PLAN SITE - ------- - - ---- - --- - -- FINANCIAL INSTITUTION WITH DRIVE-THRU SIGN •.. R11SOo' I'�5°° ° LCS PROPOSED USE: w J SITE PLAN _____ __ SUMP EL=zs7,.B3 0_ . .° ® © \\ I // PARKING ANALYSIS: FL EL=2573.00 O d N \ �� I / THE TABLE BELOW SUMMARIZES THE PROPOSED PASSENGER VEHICLE EXISTING FIRE HYDRANT c vWi N a PARKING CONDITIONS. (2) BICYCLE PARKS ARE PROPOSED. 48.00' l - - - - o a w a 3 5� I S89.26'50"E O y - - 194.00' - - - r - - - - - - - - - - I 159.35' - - ���lll / PROPOSED PROPOSED FACILITY N89'26'50"W 353.35' 55 ss \ �I / STANDARD STALLS ACCESSIBLE STALLS I ITD SLOPE EASE. GS ss GG ss Ss ss ss ss- _ - 5s ss� 9 9 9 9 X / W. PEAK CLOUD LN. (PRIVATE) FINANCIAL INSTITUTION 56 2 �\ TOTAL PARKING PROPOSED 58 STALLS GTOTAL PARKING REQ. = 19,200 SF/500=39 STALLS SHEET NO. D 1 2 3 4 5 1 6 C1 Meridian City Council Meeting Agenda May 19,2020- Page 33 of 113 1 2 3 4 5 6 EIFS COLOR 2 MASONRY VANEER EIFS COLOR 1 M GLAZING WITH METAL PANEL ANODIZED ALUMINUM CONRAD FRAME FINISH A - T.O.PARAPE 36, - 0" ARCHITECTURE I PLANNING INTERIOR . 208.345.6677 1 F 208.344.9002 COPYRIGHT All rights reserved. Reproduction or use in any form or by any means--graphic,electronic,mechanical,etc.--without written permission of LOMBARD-CONRAD ARCHITECTS,P.C. METALPANEL is unlawful and subject to criminal prosecution. FLOOR 2 =E:I=EIEI= STAMP: � 16' - 6" ALLL--J-JL--JL--JL--JL--JL--JL--JL--JI IL--JL--JL--JL--i - - FLOOR 1 o' - o" TEN MILE MASONRY VANEER MASONRY VANEER BRANCH Al SOUTH ELEVATION B1 NORTH ELEVATION 1/8" 1 0" 1/8" 1 0" EIFS COLOR 1 MASONRY VANEER EIFS COLOR 1 GLAZING WITH EIFS COLOR 2 GLAZING WITH METAL PANEL ANODIZED ALUMINUM METAL PANEL ANODIZED ALUMINUM BRIGHTON CORPORATION FRAME FINISH FRAME FINISH GLAZING 2929 W. NAVIGATOR DR. IDAHO CENTRAL T.O.PARAPET 36' - 0" CREDIT UNION B METAL PANEL =E]�������� ❑ ��� - FLOOR 2 - 16' - 6" _ ! CONSULTANT: I• E7 11 1 ILI I I � F I r'r _n FLOOR 1 EIFS COLOR 2 MASONRY VANEER MASONRY VANEER EIFS COLOR 1 WEST ELEVATION MASONRY COLOR C 1 1/8" - 1 0„ THE LOFTS AT TEN MILE 2940 W COBALT DR. z O 0 C T.O.PARAPET 36' - 0" Q I A JOB NO.. 19230.01 sz Ir DATE: 05/13/20 BPP E:]E:]E:]E:l � =E:]E:]E:l =E:]E:]E:l E:1DE1E1= ❑ = CHECKED BY: MH FLOOR 2 _ PHASE:16' - 6° ',' -= =- EXTERIOR Q F ELEVATIONS o FLOOR 1 0' - 0" MATERIAL PALETTE D 1 EAST ELEVATION THE ABOVE EXHIBITS ARE BUILDINGS LOCATED WITHIN THE SHEET NO. 1/8° = 1 0.1 TMISAP USED AS REFERENCE FOR MATE RIAL,TEXTURE, FORM, AND MASSING FOR THE ICCU TEN MILE BRANCH. A4 ,l 1 2 3 4 5 6 Meridian City Council Meeting Agenda May 19,2020— Page 34 of 113 n IDAHO CENTRAL CREDIT UNION L O-'" BARD TEN MILE BRANCH CONR_1D BOISE IDAHO - MAY 5TH, 2020 ARCHITECTS Y F IDAHO CENTRAL CREDIT UNION LOMB_1,RD TEN MILE BRANCH CONR_1 D BOISE IDAHO - MAY 5TH, 2 0 2 0 A R C H I T E C T S F �1! i - -- ��;f�`�_-.'A,�`�` � — •."ice ` W� .: :�.1� ''��s'.��=-- 41 ,a - IDAHO CENTRAL CREDIT UNION L O VI B_1RD TEN MILE BRANCH CONR_1D BOISE IDAHO - MAY 5TH, 2020 A R C H I T E C T S s; ok IDAHO CENTRAL CREDIT UNION L OM B_1RD TEN MILE BRANCH CONR_kD BOISE IDAHO - MAY 5TH, 2 0 2 0 A R C H I T E C T S - It I- � -t _ Nk jqFl �1-t _. IDAHO CENTRAL CREDIT UNION L O_l�I B_kRD TEN MILE BRANCH CONR_W BOISE IDAHO - MAY 5TH, 2020 A R C H I T E C T S 6 1.0 III I I L IDAHO CENTRAL CREDIT UNION LO_MB_1RD TEN MILE BRANCH CONR_1D BOISE IDAHO - MAY 5 T H, 2 0 2 0 A R C H I T E C T S STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 4/14/2020 Legend 9PTO DATE: Continued from: 41712020 fff�-1�t D=�rti C no I TO: Mayor&City Council 7 L .15 C-N RUT 1-L FROM: Sonya Allen,Associate Planner 208-884-5533 r C=C R- - SUBJECT: H-2020-0016 kR_S R.40 RUT - - ICCU at TM Creek-MDA RUT LOCATION: 3152 W. Peak Cloud Ln. 40 -C C-C R-8 R1 �ZE I. PROJECT DESCRIPTION Modification to the existing Development Agreement for TM Creek Subdivision(H-2017-0124, Inst. #2017-113747)to update the conceptual development plan for the site to allow for the development of a financial institution with a drive-through. II. SUMMARY OF REPORT A. Applicant: Dustee Woolstenhulme,Idaho Central Credit Union—4400 Central Way, Chubbuck, ID 83206 B. Owner: Brighton Land Holdings,LLC—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 C. Representative: Aurora Riopelle, Lombard Conrad Architects— 1221 Shoreline Ln.,Boise,ID 83702 III. STAFF ANALYSIS The Applicant proposes to amend the conceptual development plan included in the existing Development Agreement (H-2017-0124, Inst. #2017-113747). This property is zoned C-G and is designated MU-C(Mixed Use—Commercial)on the Future Land Use Map in the Comprehensive Plan and is within the area governed by the Ten Mile Interchange Specific Area Plan. The existing concept plan depicts building footprints for three (3) separate structures on Lots 9-11, Block 2, TM Creek Subdivision No. 2. Structures are depicted adjacent to the street buffers along Ten Mile and Franklin Roads to the north and west, and to the drive aisle along the south boundary with parking internal to the site. A single driveway for a drive-through is depicted on the north and west Page 1 Meridian City Council Meeting Agenda May 19,2020- Page 38 of 113 sides of the building at the corner of Franklin and Ten Mile Roads. The Applicant intends to combine the three (3) lots into one (1)parcel through a subsequent property boundary adjustment application and construct one(1)building on the site for a drive-through financial institution for Idaho Central Credit Union(ICCU). The proposed concept plan depicts a 5,672 square foot single-story 22-foot tall structure with five (5) drive-thru lanes on the north side of the building adjacent to the street buffer along W. Franklin Rd. with an exit driveway along the west side of the building adjacent to the street buffer along S. Ten Mile Rd. and parking to the south and east of the structure. The Development Agreement(DA) (H-2015-0018,Inst. #2016-037777) states, `Most buildings along S. Ten Mile Road should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway in accord with the TMISAP."This provision is especially important as this site is situated at the corner of two major access thoroughfares (Franklin& Ten Mile Roads) and is highly visible from these roadways. The proposed building is not planned to be built to the street buffer as desired and the five (5) drive-through lanes will be highly visible from Franklin Rd. directly conflicting with the intent of the aforementioned DA provision. The DA also requires all future development to be consistent with the design elements contained in the Ten Mile Interchange Specific Area Plan(TMISAP),the design standards listed in UDC 11-3A-19 and the design guidelines in the Meridian Design Manual, which has been replaced by the Architectural Standards Manual. The following are goals and design elements in the TMISAP that are applicable to the proposed development—Staff s analysis is in italics: TMISAP: • Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential—the proposed drive-through use and design with 5 drive-through lanes is extremely vehicular focused and not pedestrian as desired. • Street-oriented design is critical in urban environments and especially at a gateway to the Ten Mile Area such as this;buildings should be at or close to the property line creating a consistent edge to the public space and making streets more friendly and walkable—the proposed structure is separated by (5) drive-through lanes on the north side of the building adjacent to W. Franklin Rd. and(1) driveway on the west side of the building adjacent to S. Ten Mile Rd. • All new commercial buildings should have a continuous unbroken frontage along required build-to lines to a minimum height of 30 feet for at least 75%of the property frontage—the proposed building height is only 22 feet; most of the existing structures in the overall development so far are built to the frontage. Furthermore, the proposed building and site design lack any gateway features or enhanced integration with the overall site and district, despite the prominent corner visibility. • New buildings at street intersections should hold the corners and avoid additional building setbacks unless a new public space is specified—the proposed building is set a substantial distance away from the intersection and is separated by a major vehicular oriented use[i.e. (5) drive-through lanes]; no public spaces are proposed. • At least 40%of the linear dimension of the street level frontage shall be in windows or doorways—while the west elevations is consistent with this design element, the north elevation has no windows or doorways. • The goal in these areas is to achieve a FAR(floor area ratio)of 1.00-1.25 or more—the proposed development has a FAR of 0.06, which is 0.94 under the minimum desired. In order to achieve this goal, and recognizing site limitations with the Ten Mile Creek, buildings must be multi-story or make heavy use of shared parking areas and with less vehicular-oriented Page 2 Meridian City Council Meeting Agenda May 19,2020— Page 39 of 113 design. Multi-story examples of other banks that would be in closer alignment with FAR goals, exist at the NE corner of Fairview and Eagle and on the SE corner of Eagle and Overland. So far, this overall area is not developing consistent with the FAR goal in the Plan. • Building heights should be 2-4 stories over much of the area with opportunities for taller buildings in a few locations—the proposed building is only a single-story in height. So far, the TM Creek commercial use area has only developed with single-story buildings; the future commercial buildings to the east in the TN-C district are required by the DA to be a minimum of 2-stories in height. Four-story apartment buildings have been constructed to the east within the TM Creek area. Single story structures surrounded by surface parking and drive aisles make it difficult for the plan to ever meet the unique destination elements of the Plan that would draw and support broader demographic diversity important to many employers. UDC 11-3A-19: • Site design: For lots with frontage on a public street, a minimum of 40% of the buildable frontage of the property shall be occupied by building facades and/or public space; within mixed use areas, buildings may be placed away from roadways if a minimum of 30% of the buildable frontage is occupied by building facades and/or public space. The building is proposed to be located away from the adjacent roadways; there are no buildings or public space along the frontage of this property, however there are buildings along the buildable frontage on the larger mixed use designated area. • Pedestrian walkways: A continuous internal pedestrian walkway that is a minimum of 5 feet in width is required to be provided from the perimeter sidewalk to the main building entrance(s) for nonresidential uses;where the walkway crosses vehicular driving surfaces,it is required to be distinguished from the vehicular surface through the use of pavers, colored or scored concrete or bricks. There is a pedestrian walkway depicted on the site plan from the sidewalk along Ten Mile Rd. to the main building entrance but there is not a pedestrian walkway from the north from the sidewalk along Franklin Rd. During the pre-application meeting, Staff discussed with the Applicant the need for the structure to be built to the street buffer along Ten Mile and Franklin Roads and discussed other site design options. These options consisted of locating the drive-through on the south side of the building or detaching the drive-through from the building and locating it south of the building similar to that of CapEd Credit Union located at the intersection of S. Meridian Rd. and E. Overland Rd. shown below. i }r4 Page 3 — Meridian City Council Meeting Agenda May 19,2020— Page 40 of 113 The proposed plan is deficient in many of the goals and design elements of the Ten Mile Plan as noted above. Due to its location at a major intersection and gateway to the Ten Mile Area, development of this site consistent with the TMISAP is key. If the proposed concept plan is approved by City Council, Staff recommends as a provision of the amended DA that screening is provided in the street buffers along S. Ten Mile Rd. and W. Franklin Rd. adjacent to the (5) drive-through lanes in the form of berms, landscaping, walls, architectural elements, or a combination of these elements to produce an appropriate buffer adjacent to public spaces and roadways. Note: Because this application only proposes to amend the concept plan, Staff did not review the building elevations for consistency with the design standards in the Architectural Standards Manual. This review will takeplace with submittal of a Design Review application with the Certificate of Zoning Compliance application. Therefore, the elevations submitted with this application are not approved. IV. DECISION A. Staff: Staff recommends City Council consider if the proposed concept plan is appropriate for this site and specifically in the Ten Mile Interchange area; if deemed appropriate, Staff recommends the following added provision in the DA: "Screening shall be provided in the street buffers along S. Ten Mile Rd. and W. Franklin Rd. adjacent to the (5) drive-through lanes associated with the ICCU building at the Franklin/Ten Mile intersection in the form of berms, landscaping, walls, architectural elements, or a combination of these elements to produce an appropriate buffer adjacent to public spaces and roadways." Page 4 Meridian City Council Meeting Agenda May 19,2020— Page 41 of 113 V. EXHIBITS A. Existing Conceptual Development Plan I p o e i ,. `I iltirN il':L�e,�ti I �, - c:i ■i;;l.; � .*. ■... .■ Si 1 �7 I •" 1 ,� f i� �' ,9l, •'—' 7' Lam] �. L ] Y . T T k } I pp {� C LU Er T'.T''T1.)h r uI11 ri 'w , II TE Ij Ij L I s"k ' � _- - - "tea+:` •.5�sr _ I Page 5 Meridian City Council Meeting Agenda May 19,2020— Page 42 of 113 B. Proposed Conceptual Development Plan,Landscape Plan&Building Elevations CUP 919� L TINKLE FSVw Tobw MAHO CENTRAL L'j i L r r—*hg.Nt.. Frolm 0.14000 PAMCT DATA 40 WM PLM 46 WPW CLOUD LK—(PWATP Sr n C110 Page 6 Meridian City Council Meeting Agenda May 19,2020— Page 43 of 113 *'.Fxwi wR[va PILOJEOTT NFCyj4ATM LAND8CARE f_MENa , r'` ` �'— �• `� `��sLf'���f 1�}� — y--- �:�..., gig} .v.a�.,.,.,� m.�'�,��.` 'k�� i I i I ! I i � ��-�„'e�•.�..-.. :.ems.: �� i I f I ABUNCH � � •�'' � � I I i I I �d3t5P�3 �'� ••. CA-LDLR LEGEND ti I WAH13 CEMIRAL CREWIMIR LANDSCAPE REOUIREMBYS IID l•� +x l r PE*CLd.o Luff'f"TE� 6U - e rn r INVE IRM1M l L1.1 Page 7 Meridian City Council Meeting Agenda May 19,2020— Page 44 of 113 H F O r�ra n. f n+h0. I EAST ELEVATION �� 01. �1 .wn — I NORTH ELEVATION � SOUTH ELE1fATION ca�aa+F I I WEST ELEVATION L O_M B_LRD IDAHO CENTRAL CREDIT UNION CO- _�D TEN MILE BRANCH A R C H I T E C T S PROJFr;T Ul 923n.nS i OCTOB U. 21.2019 eaYe ar-r Note: The concept elevations were submitted as supplementary information with the proposed conceptual development plan for the MDA application and were not reviewed with this application for consistency with the design elements in the TMISAP and with the standards in the Architectural Standards Manual; therefore, they are not approved. Review and approval of the elevations will take place with submittal of a future Design Review application if the MDA is approved. Page 8 — Meridian City Council Meeting Agenda May 19,2020— Page 45 of 113 L� g VT t 4 i. w.. d a �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item -7.C. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing Continued from April 14, 2020 for Andorra Senior Living (H- 2019-0127) by Sawtooth Development Group, LLC, Located at 715 & 955 S. Wells St. and 971 E. Wells Circle Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: ATTACHMENTS: Des Commission Recommendations and Staff Report Staff Report 5/15/2020 P&Z Meeting Minutes Minutes 3/9/2020 REVIEWERS: Department Reviewer Action Clerk. Weatherly,Adrienne Approved 5/15/2020 - 12:37 PM Meridian City Council Meeting Agenda May 19,2020— Page 47 of 113 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING April 7,2020 Legend DATE: ff TO: Mayor&City Council I mo ' Lace or FROM: Bill Parsons, Current Planning - Supervisor k f r� 208-884-5533 , Bruce Freckleton,Development Services Manager 208-887-2211 --- ~ SUBJECT: H-2019-0127 Andorra Senior Living LOCATION: Southwest corner of E. Magic View Dr. ' and S. Wells St. at 715 & 955 S. Wells # St. and 971 E. Wells Circle, in the SE 1/4 of Section 17,Township 3N.,Range ---- 1 E. I. PROJECT DESCRIPTION NOTE:After the Commission hearing, the applicant provided an update to the concept plan and supplemental information (ROW legal description and utility drawings) in accord with the Commission's recommendation. The staff report is updated in a strike-through and underline format to reflect the recommended changes and incorporates the revised documents. Annexation and zoning of 16.99 acres of land with the TN-R zoning district with a conceptual development plan for a senior living community consisting of 76 single family style dwelling units and a 3-story apartment building with 88 dwelling units AND vacate existing un-named ACHD right- of-way(ROW) (0.45 of an acre)between the 715 and 955 S. Wells St.properties and partial vacation of E. Wells Circle ROW(2,863 sq. ft.) for the extension of this roadway to the west boundary of the rp oject. — Page 1 Meridian City Council Meeting Agenda May 19,2020- Page 48 of 113 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 16.99 Future Land Use Designation(s) MU-N and MDR Existing Land Use Single-family residential/vacant land Proposed Land Use(s) Senior housing(MF) Current Zoning RUT and RI in Ada County Proposed Zoning TN-R Phasing plan(#of phases) 2 Number of Residential Units(type 164 units(88 in 3-story apartment building and 76 single and of units) duplex style multi-family units) Density Gross density is 9.65 dwelling units to the acre Open Space(acres,total[%]/ Open space is required for the multi-family development per buffer/qualified) the standards in UDC 11-3G-3 and 11-4-3-27—a total of 4.05 345 acres is proposed on the submitte revised concept plan in excess of UDC requirements. Amenities Clubhouse,fitness center,restaurant,open grassy areas(50'x 100'),community gardens,pool,spa, salon,walking trails, sport courts(bocce ball/pickle ball/putting greens),water features and fire pits. Physical Features(waterways, Five Mile Creek bisects the property and is contained within a hazards,flood plain,hillside) 60-foot easement Neighborhood meeting date;#of Three(3)neighborhood meetings were held on various dates attendees: for this project—(33 attendees among the various meetings) History(previous approvals) NA Public Testimony Woodbridge Homeowners Association and 7 others submitted written testimony in support of the proposed project. Page 2 — Meridian City Council Meeting Agenda May 19,2020— Page 49 of 113 Description Details Page Ada County Highway District • Staff report Yes,received after the Commission hearing. (yes/no) • Requires ACHD No Commission Action es/no Fire Service • Distance to Fire This fire station is approximately 1.9 miles from the project.If approved,the Station Fire Department can meet the response time goals. • Fire Response This development is 5:00 minutes(under ideal conditions)from the nearest fire Time station—Fire Station 1. • Resource This development is closest to Fire Station#1.Current reliability is 65%from Reliability this station and does not meet the targeted goal of 80%or greater. • Risk This proposed commercial development has a risk factor of 4,in which current Identification resources would not be adequate to supply service to this propose project.Risk factors include firefighting in multi-story buildings and a large gathering of people in a single location. This entails a greater risk for the occupants as well as first responders.Fire,life safety systems and occupant training are critical for this development.Other hazards may be found once the development is completed. • Accessibility This project does not meet all required access,road widths and turnarounds. The shared drives shall have an address sign at each entrance and the roadways shall be maintained 365 days a year for fire,EMS and police responses.The end of the common drives shall be signed"No Parking Fire Lane"per appendix D of the 2015 IFC.The driveway on the southwest corner of the break between phase 1 and 2 is over 150' long.It needs to be shortened,go all the way around the building,or have a turnaround at the end of it. • Special/resource This proposed project will require an aerial device.The closest truck company needs is 5 minutes travel time(under ideal conditions)to the proposed development, and therefore the Fire Department can meet this need in the required timeframe if a truck company is required.This fire station is approximately 1.9 miles from the project. In the event of a hazmat event,there will need to be mutual aid required for the development. In the event of a structure fire an additional truck company will be required.This will require additional time delays as a second truck company is not available in the city. • Water Supply Water supply for this proposed development requires 2500 gallons per minute for two hours. (Approximate—see appendix B of the 2015 International Fire Code)The fire flow requirements may be less if the building is fully sprinklered. • Other Resources See other FD comments in exhibit VIII below. Police Service • Distance to Police 3 miles Station • Police Response The proposed Andorra Senior Living Complex development application is Time approximately 1.5 miles from the Meridian Police Department. The expected response time to this area in an emergency is about 5 minutes. The average response time in the City of Meridian is just under 4 minutes. Page 3 — Meridian City Council Meeting Agenda May 19,2020— Page 50 of 113 • Calls for Service Between 2/1/2019- 1/31/2020,the Meridian Police Department responded to 1,800 calls for service within a mile of the proposed development. See attached documents for details. Between 2/1/2019- 1/31/2020,the Meridian Police Department responded to 144 crashes within a mile of the proposed development. See attached documents for details. • Accessibility No issues with the proposed access • Specialty/resource No additional resources are needed at this time;the PD already services the needs area Wastewater • Distance to Sewer 0 feet Services • Sewer Shed Five Mile Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 13.88 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns Conceptual engineering has not been provided with this application,and therefore the adequacy of sewer service has not been evaluated at this time. Infrastructure modeling must be completed prior to the approval of this application. Water • Distance to Water 0 feet Services • Pressure Zone 4 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns Conceptual engineering has not been provided with this application,and therefore the adequacy of water service has not been evaluated at this time. Infrastructure modeling must be completed prior to the approval of this application. Page 4 Meridian City Council Meeting Agenda May 19,2020— Page 51 of 113 1 1 1 - LAI �• �3 Ili s�r.�i—�x� t_�il: � FIB I LI. '-.---- FRAII KLIN _ a:a2 Names■■�■■Ii1� 111111 Ri _ r •NIIIIII.■1■■ ■..ENI db �n■.■ 111111-1' tr. r 4..7. .'iW84 ■� III ■� � � � � � ��, Y _ — 1 1poll 1 1 1 1 1 ■•NIPPON 0 INS NINE 11[111111 • ■■■■e r 111 �"—' � ■■■ ■■■■� 111111 , III III nl■■ .uu uw I� 111111 �� ;��I�Yrr■•■ pro a:ea: �or;l_ NO 0 ONE M 111 IIN NINE : x w IIN luu.— s :.III �uuul_ IY'uul W � :�cIeIeI e "e lye IM MEN 64 • Craig Taylor 4623 W. 2000 S. Rexburg, ID 83440 Bonnie Robinson 6720 E. Emerald St. Boise, ID 83704 B. Applicant: Sawtooth Development Group, LLC 491 N. Main St., Suite 201 Ketchum, ID 83340 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 2/14/2020 3/20/2020 Radius notification mailed to properties within 300 feet 2/11/2020 3/18/2020 Public hearing notice sign posted 2/24/2020 3/25/2020 on site Nextdoor posting 2/11/2020 3/18/2020 V. STAFF ANALYSIS A. ANNEXATION&ZONING The Applicant requests annexation and zoning of 16.99 acres of land with TN-R zoning district consistent with the MU-N(Mixed Use—Neighborhood) and MDR(Medium-density Residential) Future Land Use Map (FLUM)designations in the Comprehensive Plan. A conceptual site plan and building elevations were submitted for the development showing how the property is planned to develop, included in Section VII. Proposed Use: The Applicant proposes to develop the site with an age restricted(55+)multi-family residential development. Independent living units (76 units)are proposed on the west and north side of the site [i.e. multi- family(single family detach and duplex style single-level units on one parcel)] and a 3-story apartment building is proposed in the southeast corner of the site consisting of 88 units. Several commercial components will be integrated with the apartment building, including but not limited to a spa, salon and a restaurant for residents and the public during events. The Allowed Uses Table in UDC Table 11-2D-2 for the TN-R zoning district lists multi-family developments as a principally permitted use subject to the specific use standards listed in UDC 11-4-3-27. Compliance with the dimensional standards listed in UDC Table 11-2D-6 for the TN- R district is required,including but not limited to the maximum building height of 40 feet. Page 6 — Meridian City Council Meeting Agenda May 19,2020— Page 53 of 113 Comprehensive Plan(https://www.meridiancity.org/compplan): This property is designated MU-N(Mixed Use—Neighborhood)(approximately 8 acres) and MDR(approximately 9 acres) on the Future Land Use Map. The purpose of MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services.Non-residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for (approximately one mile)and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree-lined,narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual MU- N plan depicted in Figure 3B. The proposed development meets many of the goals of Mixed-use Neighborhood designation. The MDR designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from eight to twelve dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The proposed land uses and residential densities are consistent with those desired in MU-N and MDR designated areas. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): 2.01.01M-"Support active-adult or independent senior living development." The proposed development will provide housing options for seniors in close proximity to office, medical and commercial uses developed in the area. 3.02.00—"Maintain, improve, and expand the City's infrastructure to meet existing and growing demands in a timely, orderly, and logical manner." The proposed development is contiguous to the City and urban services can be provided to this development. The applicant will be responsible for the extension of the services to serve the proposed development. 6.01.01H-"Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." Pedestrian internal walkways are proposed throughout the development.A segment of the City's multi-use pathway is also proposed to be extended with the development. 4.05.02C—"Encourage the incorporation of creek corridors as amenities in development design." The submitted concept plan incorporates the creek corridor into the design of the project. 2.02.01 —"Plan for safe,attractive and well maintained neighborhoods that have ample open space and generous amenities that provide varied lifestyle choices." The concept plan as designed depicts 26.6%22.907 common open space. Open space is linked throughout the development with inter-connected walking paths for residents of the community to enjoy. Page 7 Meridian City Council Meeting Agenda May 19,2020— Page 54 of 113 3.02.01 G—"Establish and maintain levels of service for public facilities and services, including water, sewer,police,transportation, schools,fire and parks." The applicant is proposing to development the site with a senior housing project. Public Works has allocated resources to serve the development, but additional modeling is required. Both Police and Fire have provided comments on the application and they have no major concerns with the proposed development. With the development of the site, a pathway segment will be extended to enhance the City pathway network and the southern stub street(E. Wells Circle) will be extended to the west for future connectivity for the area. The proposed demographics of the development should have limited impact on the area schools. Stafffinds that the proposed development should have a minimal impact on the current LOS for public facilities. In reviewing development applications,the following items will be considered in MU-N areas,per the Comprehensive Plan: ➢ "All developments should have a mix land uses." The proposed development contains a mix of uses as required(i.e.personal service, restaurant and residential). ➢ "Residential uses should comprise a minimum of 40%of the development area at densities ranging from 6 to 12 units/acre." The residential uses comprise more than 40%of the development area for a combined gross density of 9.65 units per acre. ➢ "Non-residential buildings should be proportional to and blend in with adjacent residential buildings." The proposed 3-story apartment building and the single family dwelling units have similar design elements and construction materials for an integrated development.Adequate transition is also being provide along the west boundary between the proposed development and the existing residential developments in the form of single story units. The restaurant is also integrated into the design of the apartment building to provide vertical relieffrom the single family units that are proposed to the north. ➢ "Unless a structure contains a mix of both residential and office, or residential and commercial land uses, a maximum building size should be limited to a 20,000 square-foot building footprint." The largest building proposed on the site is the 3-story apartment building which has a building footprint of 30,000 square feet. The commercial component incorporates a spa, salon and an attached 6,000 sq.ft. restaurant. Staff finds that the proposed structure provides a mix of commercial and residential uses to support the required increase in the building footprint. )0- "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 10% of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement." The proposed development has multiple gathering spaces (26.60162J.4150,4 that may comply with this requirement. ➢ Where the development proposes public and quasi-public uses to support the development above the minimum 5%,the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint." The applicant is extending a portion of the pathway through the development for public benefit and providing open space in excess of UDC standards. Therefore, staff supports the increase in the building footprint as proposed by the applicant. Page 8 Meridian City Council Meeting Agenda May 19,2020— Page 55 of 113 Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the TN-R zoning district and proposed development is generally consistent with the MU-N and MDR FLUM designation for this site. The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VII.A. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. Existing Structures/Site Improvements: There are several existing structures on this site that are required to be removed prior to development of the each subsequent phase. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2D-6 for the TN-R district. Access(UDC 11-3A-3): Access to this development is proposed from the adjacent local streets (S.Wells St. and E.Wells Circle)in accord with UDC 11-3A-3. For internal connectivity,the applicant is proposing gated private streets and drive aisles. Further, some of the units are proposed to take access from common driveways. The private street standards strictly prohibit common driveways from private streets unless approved through alternative compliance. All private streets within the proposed development should comply with the standards set forth on UDC 11-3F-4; common driveways shall comply with the standards listed in UDC 11-6C-3D. The private street application and any subsequent alternative compliance application to these standards should be submitted concurrently with the Certificate of Zoning Compliance application. Pathways(UDC 11-3A-8): There is an existing 10-foot multi-use pathway stubbed at the west boundary constructed with the adjacent Woodbridge Subdivision. The applicant is proposing to extend this segment of the pathway along a portion of the west boundary; turning east and paralleling the north boundary of the Five Mile Creek. Prior to occupancy of the first structure,the applicant should submit and obtain approval of a pedestrian pathway easement from City Council. Further,the applicant should coordinate with the applicable irrigation district and conform to any requirements of the district. The Parks Department is requiring the applicant extend a sidewalk in the northwest corner for interconnectivity. Sidewalks(UDC 11-3A-17): The TN-R dimensional standards requires 5-foot wide detached sidewalks to be constructed along all roadways. The submitted concept plan depicts detached sidewalks adjacent to all local and private streets, except for the north/south segment of private street along the west boundary of the 3-story apartment building. This area has an attached sidewalk on the east side of the road and open/covered parking on the west side. Parkways (UDC 11-2 11-3A-1 7): Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A- 17E. In addition,the TN-R dimensional standards requires the parkways to be a minimum of 8 feet in width. Page 9 — Meridian City Council Meeting Agenda May 19,2020— Page 56 of 113 Landscaping and Qualified Open Space& Site Amenities(UDC 11-3B 11-3G): Because the proposed project is over 5 acres in size,the applicant is required to comply the qualified open space and site amenity standards listed in UDC 11-3G-3 and the open space and amenity standards listed in UDC 11-4-3-27 for multi-family developments (see analysis below). Fencing(UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. Because this is annexation, fencing details have not been provided with the application. With the submittal of the CZC application,the applicant should provide details of the fencing proposed for the development to ensure it complies with UDC standards. Existing Easements: There is an existing 10-foot wide public,utility,drainage and irrigation(PUDI) easements that run along the interior and exterior boundary of the three platted lots created with the Magic View Amended plat and an existing City of Meridian sewer easement along a portion of the west boundary and parallels the north boundary of 971 Wells Circle property, also located in the un- named ROW being vacated. The concept plan submitted with the application depicts structures that encroach in the PUDI easement areas. Further,with vacating the un-named ACHD right-of- way(ROW),the applicant will have to prepare the necessary easement documents to create a new sewer easement once the ROW is vacated,per Public Works specifications. Prior to the issuance of a CZC application,the applicant should vacate the 10-foot wide PUDI easements and establish a new easement for the existing sewer line located with the un-named ACHD ROW. The portion of the sewer easement along the west boundary could impact the design of the proposed development. Per Public Works standards, sewer easements located outside of the public ROW are typically improved with a 14-foot wide all weather surface to support maintenance equipment. The final design for this area has not been coordinated with Public Works to determine their access needs. The appheant should eeer-dina4e with the Publie Works prior to the City Geaneil to easiffe this afea ea*be used by fesideffts er-r-eleeated as PaA of pr-ejeet approval. The revised concept plan has oriented the units away from the easement which does not impede Public Works access to maintain the existing sewer main. Waterways(UDC 11-31A_-6): The Five Mile crosses the southwest corner of this site and is proposed to remain open as an amenity for the development in accord with the standards listed in UDC 11-3A-6. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-I5): An underground pressurized irrigation(PI) system is required to be provided for each lot within the development as set forth as set forth in UDC 11-3A-15. If a PI pump station is required on the developed property, such station shall be on a lot solely dedicated to that pump station and shall be owned by the entity that owns and maintains the PI system as set forth in UDC 11-3B-6E. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structures on the site as shown in Section VII.F. Page 10 Meridian City Council Meeting Agenda May 19,2020— Page 57 of 113 All structures are required to comply with the design standards listed in the Architectural Standards Manual. Submittal and approval of a Certificate of Zoning Compliance and Design Review applications are required prior to submittal of building permit application(s). Right-of-Way Vacation The applicant is proposing to vacate un-named ACHD right-of-way(ROW) created with Instrument#8122009. This roadway is not needed to provide access for the development. Therefore, staff is supportive of vacating the ROW. However-,per-City Code,the City r,,, nei ^ In addition to vacating the un-named ROW,there is an existing cul-de-sac along the south boundary(E. Wells Circle).As part of this development, staff is requiring the extension of the roadway to the west boundary. The extension of the roadway as requested by staff,requires the applicant may be t:espensible to vacate a portion of the Wells Circle ROW and dedicate additional ROW. With the extension of the ROW there is the-potential that AC14D will r-e"ir-es the appheant to tefminate the roadway with a temper-ary tufaar-ound until ;t; ex4en oa f,-the-t the west through the adjaeepA subdivision. The revised concept plan depicts the extension of the roadway and incorporates a temporary turnaround as approved by ACHD. The applicant has also provided the necessary legal description and exhibit map to vacate the additional ROW. This m impaet the design of the plan, speeifieally the loss of units i the landseaping. Staff has een*ymaieated with AC14D staff and they have indieated that they det+4 stippeft the desip as shev.,, by the ^ plieaf*. The applicant should design the project to comply with all ACHD requirements. , the appliea-at should provide a legal deser-iption and exhibit of the pertion of ROW being vaeated prior-to the City Getineil hearing. Per City Code,the City Council is only a recommending body on the vacation request, final approval is subject to ACHD approval. MULTI-FAMILY DEVELOPMENT(COMPLIANCE WITH THESE STANDARDS WILL OCCUR AT THE CZC REVIEw.THIS ANALYSIS IS FOR INFORMATIVE PURPOSES ONLY.) Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Multi-family developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this section. A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. B. Site Design: Page 11 — Meridian City Council Meeting Agenda May 19,2020— Page 58 of 113 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. The applicant must comply with this standard. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures; all proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks,and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The elevations submitted this application depicts private patios and balconies.However,floor plans have not been submitted to determine if this requirement has been satisfied. With the CZC submittal, the applicant should demonstrate compliance with this requirement or seek alternative compliance if alternative designs are proposed for the project. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas should not be included in the open space calculations submitted with the CZC application. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The submitted concept plan does not depict any outdoor storage for recreational vehicles. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) This development consists of 164 units so these standards do apply. The site plan submitted with the CZC application shall include the items noted above. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area. Page 12 — Meridian City Council Meeting Agenda May 19,2020— Page 59 of 113 b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. At this time, the square footage of each unit is unknown as this information was not provided with the application. Compliance with this standards will occur during review of the CZC application.As noted above the applicant is proposing approximately 26.6 2-24 percent open space for the site in excess of UDC requirements.As noted below an opens space exhibit must accompany the CZC submittal that demonstrates compliance with this requirement. 2. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). The applicant should provide an open space exhibit with the CZC application demonstrating compliance with the requirement. 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The project is proposed to be developed in two (2)phases as shown on the submitted concept plan. The first phase will commence with the north half of the development and the second phase is completed with the southern half of the project including the three- stoty structure. 4. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, ef£retroactive to 2-4- 2009)NA. The subject property does not front on any collector roadways. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet(50 x 100')in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. Page 13 — Meridian City Council Meeting Agenda May 19,2020— Page 60 of 113 (2) Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two(2)separate categories. b. For multi-family development between twenty(20) and seventy five (75)units,three (3)amenities shall be provided,with one from each category. c. For multi-family development with seventy five(75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on the 164 proposed units, the Commission has the authority to determine the appropriate amount of amenities for the proposed development. On the concept plan, the applicant has provided a list amenities proposed for the development as follows: clubhouse,fitness facility, restaurant, spa, salon, walking trails,pool, open grassy areas, community gardens and various sport courts. Although, some of these amenities are conceptual at this time, stafffinds the proposed amenity package for the development is commensurate to the size of the proposed development. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(3')wide. b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum mature height of twenty four inches(24")shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the CZC application shall be revised to comply with these requirements. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The applicant must comply with this requirement. This document must be provided at the time of CZC submittal. Page 14 — Meridian City Council Meeting Agenda May 19,2020— Page 61 of 113 Parking(UDC 11-3C): Off-street parking is required to be provided for multi-family dwellings based on the number of bedrooms per unit[Multi-family: 1-bedroom requires 1.5 per unit with at least 1 in a covered carport or garage, 2-3 bedroom units require 2 per unit with at least 1 in an a covered carport or garage], as set forth in UDC Table 11-3C-6. The non-residential uses(clubhouse and restaurant) is based the traditional neighborhood district standards of 1 space for every 1,000 square feet of gross floor area. The applicant has provided a parking ratio for the overall development. For the single family detached and duplex units,the applicant is proposing to apply the single family parking standards of a single car garage and a parking pad for the 1 and 2 bedroom units(total parking: 148; the apartment complex is based on the nursing care standards of 0.5 stalls per bed(total parking: 10024—5066 covered; 506-uncovered)and the commercial standards are not identified. However,the concept plan does depict a total of 26-2-guest parking spaces€ff dispersed throughout the development. Based on the UDC standards,the proposed parking is to meet the standards described above. If this was a typical development the applicant would need to provide the following parking requirements: non-residential uses— 13 parking spaces and the multi-family—296 parking stalls with half them required to be covered. The concept plan as proposed does not meet the current parking standards of the UDC (deficient 354-7 parking stalls). Since this a 55+community, staff is of the opinion that the parking ratio depicted on the submitted concept plan is sufficient for this type of development. However,the parking plan proposed with this development must be approved through alternative compliance. If the applicant's must either comply with the City's parking standards or obtain approval of an alternative compliance application. This application must be submitted concurrently with the CZC application. VI. DECISION A. Staff: Staff recommends approval of the proposed Annexation and Vacation with the requirement of a Development Agreement per the provisions and comments included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning and Zoning Commission heard this item on March 5,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ and VAC request. I. Summary of Commission public hearing_ a. In favor: Clay Sammis and Jeremy Garner b. In opposition:None c. Commenting: Monica McKinley,Pat Rennison and Barbara Valdez d. Written testimony: Woodbridge HOA,Alan and Carol Jax,Barbara Valdez,Bob and Lindy Neufeld,Dennis Bailey,Pat Rennision and Cass e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) testimony a. Extension of E.Wells Circle. b. Public hearing notification. c. Impacts to Locust View Heights Subdivision. 3. Ke, ids)of discussion by Commission: a. Amount of open space and amenities proposed for the development. b. Square footage of the balconies proposed for the 3-story apartment complex. c. No units having direct access to E. Wells Circle. Page 15 Meridian City Council Meeting Agenda May 19,2020— Page 62 of 113 4. Commission change(s)to Staff recommendation: a. No units shall take direct access from E. Wells Circle (Concept plan has been updated to reflect this change). IL. Applicant shall provide a minimum of 6 to 8 amenities, including a clubhouse,walking trails and fitness facility with the remainder coordinated with staff. 5. Outstanding issue(s) for City Council: a. None Page 16 — Meridian City Council Meeting Agenda May 19,2020— Page 63 of 113 VII. EXHIBITS A. Annexation Legal Description and Exhibit Map REVISED ANNEXATION DESCRIPTION FOR 715 & 955S.WELLS ST. &917E. WELLS CIR. Lots 20, 21 and 22 of Amended Plat of Magic View Subdivision as filed in Book 52 of Plats at Pages 4445 and 4446, records of Ada County, Idaho located in the SW 114 of the NE 114 and NW 114 of the SE 114 the of Section 17. 7 3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows. BEGINNING at the SW corner of said Lot 22,said point also being the C114 corner of said Section 17; thence along the West boundary line of said Lot 22 North OO°22'59" East,636.00 feet to the NW corner of said Lot 22 thence along the northeasterly boundary ling*of said Lot 22 and the southeasterly extension thereof South 72°05'47"East, 837.74 feet to a point on the centerline of$-UVelis St.; thence along the centerline of S.Wells St the following 3 courses and distances: thence South 15'48'1T'West, 392.23 feet; thence 61.25 feet along the arc of a curve to the left, said curve having a radius of 132.64 feet; a central angle of 26°24'59"and a long chord which bears South 03°35'43"West, 60.71 feet; thence South 09A3646''East, 793.56 feet, thence along the centerline of E. Wells Gir North 89°16'28"West,428.35 feet; thence leaving said centerline South 00°43'32"West, 25.00 feet to a point on the North boundary line of Wyndstone Place Subdivision as filed in Book 96 of Plats at Pages 12,047 and 12,048,records of Ada County, Idaho; thence along said North boundary line North 89'18'28"West, 203.17 feet to the SW corner of said Lot 20; thence along said West boundary line of said Lot 20 North 00'23'09" East,795.56 feet to the POINT OE BEGINNING- Contains 16.99 acres,more or less. C 7729 0>I Page 17 Meridian City Council Meeting Agenda May 19,2020— Page 64 of 113 Nw CORNER CURVE TABLE I-OT 7 CURVE RADIUS LENGTH CHORD GIST. CHORD BRIG. DELTA 3 C1 t32_84 61.25 ESM71 S31543--W 25'24'59- C4 » N iA a Sir r ze LINE TABLE zf;4 LINE LENGTH BEARING 8377� L1 25.00 SO.43-32-W ? C] +l y ■ .3 ++ ra 3. r I� f i4 in r r� rn co CO CID POINT 4F + F BEGINNING ----------------------� r C1!f4 I 1 � , 16.99 acres i 25 :OCI �C9 W 1y 0 50 200 GCS SCALE: 1" — 200' 1 WI Cz'x� i 4y q k kit ��}p,L LA'y zl i INS `1 y 7729 I 41✓ 1Q 117 1� k r`ri_ Y G.GR N8$'18�28'W N$9'1Fr'28"W 428.35'=� 203.17' E. WELLS CIR. JOB N0. I QAHO ANNEXATION EXHIBIT DRAWING FOR 19-30 SURVEY oYMWIIMFLE7 ER3T 715 & 955 S. WELLS ST. & 971 E. WELLS CIR. SHEET m0".ow i A16a5i4 LOCA9FD IN THE 51r lfd OF 1Lf ME t/i►M pyyCL p.0.h GROUP, LLC iw Nw 1/4 Dw Sf +f&OF SECT10H 17 TJIN.,RAF. P.M,,AID OOl1NTY.MANO 1f7j20QA Page 18 — Meridian City Council Meeting Agenda May 19,2020— Page 65 of 113 m N 9 m d 7729 x ata.as ��RYG.�� 68.17 h6B°1&'29'4r Lots 20-22, Amended Magic View Sub Annex. Closure Sheet 1!7:2020 Scale: 1 inch=200 feet File: Tract 1:18.9�552 AetEe8.Closure:n05.N1140.01 h.(11389270),e'erlmeter--39730- 61 rkoa.2259e&76 I]Sn$4.1828w143,17 02 s72b547e 637.74 09 nw-2369e 795.56 43 s 16.4813w U2.23 04 Lt.r=t 82.B4,d&3t 026.2d5%char&sM.3543w 60.71 05 s09.3646e 793,56 06 n99.1628vw 428,36 07 54V.4332w 25 Page 19 — Meridian City Council Meeting Agenda May 19,2020— Page 66 of 113 B. REVISED Right-of-Way Legal Descriptions and Exhibit Maps EXHIBIT" " ACHD RIGHT-OF-WAY VACATION 715&955 S.WELLS ST. An un-named street located adjacent to Lots 20, 21 and 22 of Amended Plat of Magic View Subdivision as filed in Bcok 52 of Plats at Pages 4445 and 4446, records of Ada County, Idaho located in the NVV 1f4 of the 5E 114 the of Section 1, T.3N., R.1E„ B.M., Ada County, Idaho more particularly do=ibBd as follows Commencing at the SW c*nner of said Lot 22, said point also being the C114 corner of said Section 1; thence along the South boundary line of said Lot 22 South 89'66N"East, 178.16 feet to the REAL POINT OF BEGINNING-, thence continuing along said South boundary line South 89`56'09"East, 290.61 feel to a point on the westerly right-of-way line of S.Wells St. thence along said westerly right-of-way lirie South 09'36'46"East.50-72 feat; thence leaving said westerly right-of-way line North 89'56'09"West, 224.25 feet; #hence 44.18 feel along the arc of a non-tangent curve to the left,said curve having a radius of 45.00 feet, a central angle of 56'15'04"and a long chord which bears South 61'5T19" West, 42.43 feet to a point of reverse curve thence 185.50 feet along the arc of said reverse curve to the right, said reverse curve having a radius of 45-00 feet, a Central angle of 236°11'02"and a long chord which bears#forth 28'05'42"West, 79.40 feet to tie REAL POINT OF BEGINNING. Contains 19,418 square feet, more or less. DENS ,P 0. 7729 Of 44p GC Page 20 — Meridian City Council Meeting Agenda May 19,2020— Page 67 of 113 1 { � r to—N1f13 1 CURVE TABLE f CURVE RADIUS LENCTH CHORD FIST, CHORD 139C. DELTA a C1 dS.CIR 44.18 42.43 S61158'19'W 58'15'04" f gv �� C2 45,0[} 195.50 79.40 N28M'42"1u 236'71'02" J( m w 1 r Ev REAL POINT .; mI {3F BEGINNING 290.61' C1f4 178.15--- � VN—NAMED ST. a 19,411E s,f. N_yda L G N9956'09"W 224.25' C'r, ti i 1 1 v 1 N65 Ns rL 77 m �A 11��F.�l ,�. OF %,D 0 40 60 v 32C: SCALE: t" = 80' .be NQ IDAHO EXHIBIT " " DRAWING FOR f9-397 SURVEY EMERLD MWA AICHID STREET VACATION g,E "° easE.alwc mh:, GROUP, LLC LMATIM IN THE N1Y 1/4 4F TFE g 1/4 OF DWG.DATE stthBn t, 7-3h.,LIE,9.10.,ADA COUNTY,MAHO 11312e/211re Page 21 Meridian City Council Meeting Agenda May 19,2020— Page 68 of 113 a89'86'0B"e u, n i 224.2S 9� � 4 a� 7729 OF Right-of-Way Vacation Description Closure Sheet 1W912019 Scale; 1 irach= 50 feet Flle: Tract 1-0.4499 Atrn j1941a Sq.Keen.Ciosrxe:n00.0000e GAO R.(1r5MU4B ,PerirnHer-795 fr. 01 A9.5609®290.61 G2 09.35409 50.72 03 nS9.5609W 224.25 04 U,r-5,00.dalta`066.1574,chard=s61,5619W 42-43 05 Rt,r-45.00,dahe=2a6.11022,chord=n28,0542w 79 40 Page 22 Meridian City Council Meeting Agenda May 19,2020— Page 69 of 113 EXHIBIT " ACRD PARTtAL RIGHT-OF-WAY VACATION E.WELLS CIRCLE A portion of E Walls Circle as shown on the Amended Piat of Magic View Subdivision as filers in Book 52 oaf Plats at Pages 4445 and 4446. records of Ada County, Idaho located in the NW 114 of the 5E 114 the of Secti0ri 1, T_3N.. R.1 E„ B.M..Ads County, Idaho more particularly described as fallows: Commencing at the SW corner of Lot 20 of s8id Amended Plat of Magic View Subdivision from which the C114 corner of said Section 1 bears North 00`23'09"East. 795 56 Mot; I hence along the South boundary Iine of said Lot 20 South 89`1628" East, 203.17 feet to a point on the right-of-way line of E. Wells Circle; thence along the right-of-way line of E.Wells Cirela the following 3 courses and distances; thence 75.70 feet along the arc of a rion-langent curve tG bhe right; said curve having a radius of 45M feet,a central angle of 96'22'46"and a long chord who Dears North 41°05'05" West, 67.08 feet to the REAL POINT OF SEW NNING, thence 109.85 feet slang the arc of a curve to the right, said curve having a radius of 45.00 feet,a central angle of 139'52'1$"and a lang chard which bears North 77'02'27"East. 84.54 feet to a point of reverse curare, thence 44.18 feet along ttte arc of said reverse curve to the left, said reverse curve hawing a radius of 45.04 feet, a central angle of 56'15'04"and a tong cdtord which bears Soiulth 61°08'56"East. 42.43 feel; thenve leaving said right-of-way line North 89'16'28'West, 119.55 feet to the RFAL POINT OF EEGIMNINC, Cowl sins 2,863 square feet, more or less, N$ 7729 Page 23 — Meridian City Council Meeting Agenda May 19,2020— Page 70 of 113 C1/4 AiVENDED }f'AGIC VIEW SUBDfViSION I m Ld r REAL POINT 2863 *.f, z OF BEGINNING I E. WE-ILLS CIR. SH' CORNER C" - - - - ' --- -~ . LOT 20 S"'15'28`E 203,17' AEYJFAS70NE" PLA€P S"UeDfVfSION Jv CURVE TABLE ;URVE RADIUS LENGTH CHORD DIST. GHORD 8RG. DELTA C1 45.00 75.70 67.W N419D5'05"W n22'46' C2 45.00 109,$5 S+.54 N7TID2'27'E 139' 2'18" u C3 j 45.017 44,18 42-43 561176'56'E 51315'{}4' .� I f' "TA 64 20 BO 7 7 m 0. 1G 44 12G ',• 4L?a_r 0 SCALE. I" = 4 eo C IDAHO EXHIBIT " DRAWING FOR iB�357 SURVEY E. WFLLS CIRCLE PARTIAL VACATION 6FE ET H4 GROUP, L L L4CATM IN THE WN 1 i CF THE NE1 f4 O: Gw., DATE SECTION T W..klE� . .16A COLN-.r° DMI0 3/i@f�ppp Page 24 — Meridian City Council Meeting Agenda May 19,2020- Page 71 of 113 C. REVISED Conceptual Site Plan(date: 02,120,12020 03/18/2020) i• 715 S WELLS STREET L �mm 971 E WELLS CIRCLE I. C el I i i. ., - — 9Si3 WE113 Si WIE DENSITY -- -- -s STREET 971 E WEvL3 CIRC_E - --- o OPEN SPACE z Cr ® U g 1�1 Page 25 — Meridian City Council Meeting Agenda May 19,2020— Page 72 of 113 D. Conceptual Elevations (date: 2/20/2020) Q no 99,91 99 m 8 0 9 99 L4 TEEWTON ® a m88 � �8 8 kW ® W DAIIOn Page 26 — Meridian City Council Meeting Agenda May 19,2020— Page 73 of 113 0 I� �� �� � � � '.w :ir■ a :. ■ l� a - �y- ;� h . - I l iii I� 11 �u Ir��I III 1 I � � _.-� --. rrrl � - III�.II � _y�■ e ..! ——IC., yy ■ y 11 �•.' I 1 � .� ���� F I ;�I Ii■� Meridian City Council Meeting Age .. _ ❑ ❑ I C 0000� - o I I ® R E TLJKYUURFII Page 28 Meridian City Council Meeting Agenda May 19,2020— Page 75 of 113 EASERL ATINSINGLEFAMILY �Ir MID-C1EWLRi SINGLEFAMILY Page 29 — Meridian City Council Meeting Agenda May 19,2020— Page 76 of 113 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, conceptual building elevations and phasing plan in Section VII and the provisions contained herein. b. All structures shall comply with the design standards listed in the Architectural Standards Manual and the design standards listed in UDC 11-3A-19. An application for Design Review shall be submitted concurrently with the Certificate of Zoning Compliance application and approved prior to submittal of building permit applications. c. The applicant shall comply with the multi-family specific use standards set forth in UDC 11-4-3-27. d. Applicant shall comply with the TN-R dimensional standards set forth in UDC Table I I- 2D-6. e. The applicant shall submit alternative compliance application concurrent with a CZC application to deviate from the following standards: 1. Private Street Standards(11-3F-4) 2. Parking requirements(11-3C-6) 3. Multi-family private usable open space standards(11-4-3-27B3) £ Applicant shall construct a segment of the City's 10-foot multi-use pathway through the development as proposed. Prior to occupancy of the first structure,the applicant shall obtain City Council's approval of a public pedestrian easement and record said document. The applicant shall also extend the 5-foot wide detached sidewalk in the northwest corner to the north boundary for interconnectivity. g. Applicant shall comply with all ACHD conditions of approval. h. , use of the 20 foot wide easemen4 area on a poi4ion of the west boundar-y. if a substantia4 ehange is required by Publie Wefks,the appheai#shall modify the proposed eefleept p! prier-to City Gotmeil meeting. i. Prior to submitting a CZC application,the applicant shall vacate the 10-foot wide PUDI easements created by Amended Magic View Subdivision OR modify the site plan submitted with the CZC application to remove structures from encroaching in the platted easements. j. Applicant shall comply with the open space and site amenity standards set forth in UDC I I-3G and UDC 11-4-3-27. The applicant shall submit an open space exhibit and provide Page 30 Meridian City Council Meeting Agenda May 19,2020— Page 77 of 113 details of the six(6)to eight(8)proposed amenities with their CZC application demonstrating compliance with these standards. The amenities proposed for the development shall include a clubhouse, fitness facility,walking trails and open grassy areas as depicted on the concept plan. The remainder of the amenities shall be coordinated with staff. k. Applicant shall extend E. Wells Circle to west boundary for future extension. if�D shall provide a legal deser-iption and exhibit map of the ROW being Vaea4ed prior-to the B. PUBLIC WORKS Site Specific Conditions of Approval 1.1 Coneeptual engineering has not been PFOvided with this appReation,and theFefor-e the adequney Of WftteF and SeWeF seFViees have not been evaluated at this time. General Conditions of Approval 2.1 Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.4 Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2.5 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.6 In the event that an applicant and/or owner cannot complete non-life,non-safety and non- health improvements,prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 2.7 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. Page 31 — Meridian City Council Meeting Agenda May 19,2020— Page 78 of 113 2.8 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.9 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.10 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.11 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.12 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.13 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.14 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.15 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.19 Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting(http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval,which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.20 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via a plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I V map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 2.21 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.22 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888-5242 for inspections of disconnection of services. Wells may be Page 32 Meridian City Council Meeting Agenda May 19,2020— Page 79 of 113 used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 2.23 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 2.24 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.25 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. FIRE DEPARTMENT https://weblink.meridianciiy.org/WebLink/Doc View.aspx?id=182552&dbid=0&repo=Meridian City D. POLICE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?ld=l 83075&dbid=0&repo=MeridianCity E. BOISE PROJECT BOARD OF CONTROL https://weblink.meridiancioy.org/WebLinkIDocView.aspx?id=182568&dbid=0&repo=MeridianCity F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=183062&dbid=0&repo=MeridianCity G. ADA COUNTY https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=182621&dbid=0&repo=MeridianCity H. COMPASS https://weblink.meridiancit E.orglWebLinkIDocView.aspx?id=182953&dbid=0&repo=MeridianCity_ I. PARKS DEPARTMENT https://weblink.meridiancity.orglWebLink/Doc View.aspx?id=183392&dbid=0&repo=MeridianCity J. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.Org/WebLink/Doc View.aspx?id=184614&dbid=0&r0o=MeridianCitX IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: Page 33 Meridian City Council Meeting Agenda May 19,2020— Page 80 of 113 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds that the Applicant's request to annex and develop the subject 16.99 acre property with TN-R zoning is consistent with the associated MU-N and MDR FLUM designations for this property. (See section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment and development complies with the purpose statements of the traditional neighborhood districts in that it will provide for a range of housing needs for the community consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential and commercial uses should be compatible with adjacent existing and future residential and commercial uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City. Page 34 — Meridian City Council Meeting Agenda May 19,2020— Page 81 of 113 1 -- 715 S WELLS STREET & l; B 971 E WELLS CIRCLE 572° 054,+ _ _ l L e h /- F6jz53' UNIT KEY PLAN PLANS AND ELEVATIONS ARE Q I CONCEPTUAL IN NATURE AND 72. 0' ARE PROVIDED TO GIVE AN INDICATION OF ARCHITECTURAL _p STYLE, BULK AND MASS 12' _2Y 0' UNATTACHED WALL C PROPERTY LOT _0 PLAN A E 8' WOOD FENCING ALONG 3,312 S.F. LOT 20 UNITS OPTIONS 1 &2 NORTH PROPERTY UNE BEAUTIFULLY LANDSCAPED I B ' i ._ ._. ._. 2 _,_ REAR YARD SETBACK , REAR OPEN SPACE I - 23'_ _ /� �� SETBACK _ ' Y '_ WOOD FENCINGSIDEYARDSETBACKS - ab MEANDERING SIDEWALK AS2BEAUTIFULLY NDSCAPED UNATTACHED WALL PROPERTY LINE OPEN SPACESINGLE STORY 55+DUPLEXES1,403 S.F.LIVABLE 382 S.F.LIVABLEAND SINGLE DETACHED UNITS 304 S.F.GARAGE 4 S.F.GARAGE 4' 0" x �� q ` g FRONT YARD SETBACKS _ 40'VISION TRIANGLE .q PER TN-R B _ _ -'i �� % ra ® VEHICULAR SECURITY GATE UNATTACHED WALL SECURE PEDESTRIAN GATE PROPERTY LINE PLAN B 3,744 S.F. LOT CURB AND GUTTER � 18 UNITS OPTIONS I & 2 3 40'MSION TRIANGLE T ` ih 3 -- --- 4 r `,./ VISITOR PARKING o m REAR YARD - ---._._._._. .ate_ SETBACK - 'i A JA BSl BS2 UNATTACHED WALL iL REAR YARD SETBACK - - ----- _ - -- -- B - _ "' - - PROPERTY LINE 1,482 S.F.LIVABLE 1,459 S.F.LIVABLE BEAUTIFULLY LANDSCAPED / 304 S.F.GARAGE 468 S.F.GARAGE OPEN SPACE -- ,q 2p'0" FRONT PER TN BARD SETBACKS SHARED DRIVEWAY SEINING - - - `� - -- -- -` 1 L 1 _ - y ' .r 14 - UNATTACHED WALL 4 UNITS I - _ ' PROPERTY LINE PLAN A PROPERrvuNE -+ _ r . 3,096 S.F. LOT 16 UNITS OPTIONS 1 &2 x / ADDITIONAL IO'WIDE STRIP - - L , �• _ .______ _ ___ _ _ . ___o OF LAND 100 YEAR FLOODPLAIN REAR RYARD 4 BTBACK +_ 715 S WELLS A, A2 t — B r - _ TE - 8 ATTACHED WALL - I - -q STREET PROPERTY LINE 1,403 S.F.LIVABLE 1,382 S.F.LIVABLE / PROPERTY UNE 304 S.F.GARAGE 304 S.F,GARAGE I __ Q Q FRONT YARD SETBACKS r ---------- WOOD_ ___ _____ - ,� . , WOOD FENCING I - � PER TN 20'STREET SETBACK BUFFER UNATTACHED WALL SHARED DRIVEWAY SERVING _ I _ b p L PROPERTY LINE 4 UNITS _ - MEANDERING SIDEWALK PLAN B ti 22UNITS OPTIONS 1 &2 CONNECTION TO EXISTING L. ._ � _ -. - ' _ _ . ,° .-..... - - . - - - - - - � r - - - - - 10'WIDEMICROPATHWITH - -- ._a - b 3.528SF LOT T r _ 1 B � �_ _ 26 0„ l9 o i I i i i 5'WIDE LANDSCAPING L ______ %r__ . �' 4-0, '� ) 157'.Ip3/3y' w REAR YARD EACH SIDE 1 P < SETBACK 20'WIDESANITARYSEWER SHOWN SHADED#95024469 ATTACHED TY WALL _Rn - _ PROPERTY LINE p 40'VISION TRIANGLE --- =�'"-'------ "- - - - 1,482 S.F.LIVABLE 1,459 S.F.LIVABLE __ - VEHICULAR SECURITY GATE 468 S.F.GARAGE FENCED PET PARK I _ - _ - - - - - - - - - - - 304 S.F.GARAGE "_---- - — q�. - VISITOR KEYPAD FRONT YARD SETBACKS PROPOSED CUL-0E-SACTO I - PER TN-R BEVACATED - __ PHASE 1 ' "— - - SECURE PEDESTRIAN GATE ? r 76 TOTAL UNITS 9°5949 W 224.19' 40'V510N TRIANGLE ADDITIONAL IO'WIDE STRIP 1 � '_ L �"m '- _._ _ OF LAND SHARED DRNEWAYSERVING 100 YEAR f100DPLAIN _ __ __ _ - ,' 4 a - 20'-0:. 4 UNITS ( _ 0 A T _ _ _ - - - GOLF CART PARKING (. EWELLS-26 UNI 2ACRES= 10.91 ACRES PICKLEBALLCOURi \ .. - -- ' �. 715S WELLS 5 UNITS) ACRES _ 971 TS)4.3 ' 8TOTAL °N' �, MEANDERING SIDEWALK (7155 WELLS) (971EWELLS) WOOD FENCING _I ' - STALLS - 1 _ g q - WOOD FENCING MDR/TN-R MU-N/TN-R 4 S��- - B .f ADDITIONALS'WIDE STRIP (76) 1 STORY UNITS DECOMPOSED GRANITE I. ------ 1 10'WIDE MK:ROPATH WITH I 1 A 20'-0" N 77}140 114�' r OF LAND BOTH SIDES OF _ - 4 FITNESS I _ - .r FLOODWAY PARKING 5'WIDE LANDSCAPING � 5 , ? � r li - 00 EACH SIDE AS NAMPA&MERIDIAN SINGLE STALL GARAGES= 76 FITNESS AND SPORTS COURTS _ _ - APO �� AS - NAMPA&MERI TAN SINGLE DRIVEWAY= 76 IRRIGATION ADDITIONAL S'WIDE STRIP MAINTENANCE EASEMENT STREET VISITOR STALLS= 22 i e OF LAND BOTH SIDESOF I _ : _._._._._ � IL ' 10WIDEMICROPATHWITH TOTAL PARKING STALLS= 174 FLOODWAY -- \ ,_- r: L--� - - - SWIDE LANDSCAPING >2STALLS PER I/28ED UNITS= 148 WOOD FENCING ALONG --_ _ PUTT PUTT GOLF EACH SIDECONNECTEDTO NORTH EASEMENT OF NAMPA - - __ - - - 1 _ __ FIRE PIT STREET SIDEWALK MERIDIAN IRRIGATION DISTRICT - I. - - -- - - • - - - 4 HOLE PUTTING AREA COVERED DROP OFF - F -- _-.- - - _ DECOMPOSED GRANITE PATH 955 S WELLS ST COVERED ACCESS BRIDGE - -- ( - ' - WOOD FENCING ALONG ___ bl NORTH EASEMENT OF NAMPA THICK GRAY DASHED UNE - _ ___ a2 8.-0�. ��EMERLINE_ �r MERIDIAN IRRIGATION DISTRICT 4.56 ACRES+ (0.45 ACRE VACATED STREET) =5.01 ACRES TOTAL INDICATES SEPARATION LINE OF - - �- OE MICE CR ! - -_ MU-N/TN-R CONSTRUCTION PHASES 1 AND 2 - -- _ - - -_ - FLOODWAY22,966 SF WE ARE REQUESTING OPEN SPACE 3 , ORY BEAUTIFULLY LANDSCAPED 7` ^�TT� 300 FOOTPRINT INCREASE FROM20000 y _y ALLOWABLE OPEN SPACE - - - --------- a., -- ,- _ - - y- MEANDERING WALKING PATH ' 1 _ ___ __ __ . 2 (64J 1 TO 30,000 SF O AN OTPRINT U1-T GOLF _ BED FO SF MEANDERING WALKING I r - " - ---- - PATH 1 ' ® ____ v --' SOUTH EASEMENT OF NAMPA (24) 28ED 1�Q MERIDIAN IRRIGATION DISTRICT WEARE PROPOSING 'f � e - - gg$$$$ _- _ t_J (88)TOTAL UNITS NICELY LANDSCAPED GREEN DUMPSTER ENCLOSURE NURS WOOD FENCING _ pL COMMON OPEN SPACE 803 SF REAR YARD SETBACK 1 m N , rm gg �F 1 r - 11i CLUBHOUSE AND RESTAURANT CAREIFACILITY PARNG AND gNGAL IN LIEU OF THE 80 S.F.AT ' • GOLF MAINTENANCE AND 10'WIDE PUBLIC UTILRTES, �'p" 0 \ $g � ___ GOLF CART PARKING BELOW TOTAL BEDS 112(0.5J THE UNIT DECKS m m m m 56 TENANT STALLS REQUIRED 20' SU DRAINAGEAND IRRIGATION I - L'T - N DASHED UNE AND SHADING 20'WIDE SEWER UNE 1 � � INDICATES COVERED PARKING 66 COVERED TENANT STALLS (18 GARAGES+48 COVERED PARKING) r _ #96008004 �� Lf _ _-_ T_. Ay, STRUCTURES 56 VISITOR AND STAFF STALLS o ' , n - � � 122 TOTAL STALLS PROVIDED (56 REQUIRED) FRONTYARD SETBACK --i,�i F ' , _ 26' , __._, o � xy =�___ - , 10. STREET SIDEWALK 54.0%OF STALLS COVERED RAISED TIERED COMMUNITY �, ;o� v �i � 10 OUTDOORRESTAURANT GARDEN BEDS SEATING VEHICULAR SECURITY GATE 3 1 - GOLF CART PARKING I ' � 1 T '^ 8 � ,+ 1 THICK GRAY DASHED UNE p UNIT DENSITY aI Tr1_ -- - - - YYOBB �.+ i j"Tg INDICATES SEPARATION 15.92 ACRES TOTAL PROJECT AREA WITHA 72�I + B m m ) UNE OF CONSTRUCTION PHASES AND 10 UNIT/ACRE BLENDED MAXIMUM 0 PHASE BOCCE BALL COURTS MDR/TN-R 8 UNITS/ACRE MAXIMUM a 1a BEAUTIFULLY LANDSCAPED MU-N/TN-R 12 UNITS/ACRE MAXIMUM , --- + -- - -I 26'-0" f' 10 `v 1 COURTYARD AMENITY SPACE 6 1 STORY UNITS 76 SIDENARDSETBACK 1 .4I 'r � � •. w B u ;k 3STORY PROPERTY UNE �1 1 05 s f. 198•790 A'f'I 30,000 S.F.FOOTPRINT SALON AND SPA ( )REAR YARD SETBACKAND 3.i � B ac. m 'i m 4.56 a.c' I _ 64 1 BED SEWER EASEMENT I4i B __ u i _ 124J 28ED AND SINGLE DETACHED UNITS I i �- ___ -_ 4 955 S WELLS SINGES STORY SS+DUPLEXES ^' -- - _ 1 // TOTAL UNITS 88 SHARED DRIVEWAY SERVING I STREET GRANDTOTALUNITS 164 4 4 UNITS 10 UNITS/ACRE AS SHOWN - -- i 3STORY +' CENTRAL MAILBOXES AT 971 E WELLS SS+APARTMENTS OBBYAREAANDPROPERY 4' 0 iWl q �. 4-0" J -- --------- J J SETBACKMANAGE OFFICE CIRCLE � � _ _ _ OPEN SPACE 1 F T83'-0' VAN r 40'MSIONTRUWGLE !^ I LB - - OPEN SPACE= 154,724 S.F. i ' -- B.G' _. r PROPERTY UNE TOTAL LOT AREA- 673,873 S.F. T -�---- + ---� ,. V �' ' A � - � _ OPEN SPACE PROVIDED= 22.9% "` r - _ SIDEWALK 10% REQUIRED GARAGES �'^' __ 10 10 ' 10 > , I w ' i CURB AND GUTTER DUMPSTER ENCLOSURE I _ - 8 0" Y - HARDSCAPESTRIP AMENITIES REQUIRED 4 AS 6 AMENITIES PROVIDED 11-12 VEHICULAR SECURITY GATE �' - _ffi - - 91Y' FIRELANE 122TOTALPARKIN 'STALLS r DASHED UNE AND SHADING 1. CLUBHOUSE �', q.� TY INDICATES COVERED PARKING 2. RESTAURANT 40"ASION TRIANGLE n - - - w - - -- - - - - _ STRUCTUR 3 FITNESS FACILITIES o ES EXISTING CUL-DE-SAC TO BE 0 B' 0 -0 'I 40'VISION 4, OPEN GRASSY AREA AT LEAST 50'x100' VACATED AS SHOWN IN DARK GRAY Y - -- - - -- - -- __-_ TRIANGLE 5. COMMUNITY GARDENS (2862.56 S.F.-0.066 ACRE) _1/ �/ --- - -� -- --- -- - _ _. _._ _ _-_- ------ __ - 6. POND, WATER FEATURES &FIREPIT BBB PET PARK o I y`\ - NORTH 7. POOL (OPTIONAL) 1 v 8. WALKING TRAILS 20'WIDE PERMANENT EASEMENT io *- - - - - - - - - - - wE���RQE 9. SPORTS COURTS (I.E.PICKLE BALL #99070122 - - - - - \� - - - - - - - - - - - - - - - AND BOCCE BALL ---_ 4 10. PUTTING GREENS ACCEPTABLE w -- 11. SPA ALTERNATIVE TO 120' o 186'APPROXI 12. SALON HAMMERHEAD R - 60'-0" 60'-0" SENIOR WING SITE PLAN 20 FEBRUARY 2020 GGLO m m Babcock Design r. - .-0, -- j j DRAFT / CONCEPTUAL FOR STYLE AND SIZE SENIOR WING EAST ELEVATION SINGLE FAMILY 20 FEBRUARY 2020 -� DRAFT / CONCEPTUAL FOR STYLE AND SIZE SENIOR WING MID-CENTURY SINGLE FAMILY 20 FEBRUARY 2020 _ D It f _ r o DRAFT/ CONCEPTUAL FOR STYLE AND SIZE SENIOR WING MID-CENTURY DUPLEX 20 FEBRUARY 2020 i 1 - - 13 ` A t '-- s - - � I DRAFT/ CONCEPTUAL FOR STYLE AND SIZE SENIOR LIVING MID-CENTURY DUPLEX 20 FEBRUARY 2020 m m Babcock Design �_� i ■ i � l I 4�_ i l 1 � .-i ii I m I � � a I �,.��� i I e■r�.w I _ 1 r .nrt - I 1—1— I .. ......, tid _y1 ■ ■i i irr ii i n L�_�i 1 11 ■ 1 1 1 I - 1 ii IYI - i .. f m RA �� t I, H I iil D� LL-Lz:-.l it I I T-- ! �I. DRAFT/ CONCEPTUAL FOR STYLE AND SIZE SENIOR WING EAST ELEVATION 20 FEBRUARY 2020 m M Babcock Design aJ WI as t gap DRAFT/ CONCEPTUAL FOR STYLE AND SIZE SENIOR WING SOUTH ELEVATION 20 FEBRUARY 2020 m m Babcock Design ' I = now a 7 ti I T— I � .. Y I 'I I 1 � I - `, I g _ _ _ ° e= � `I.. . j,�� i � ".� • S � -- � - - �,,----- -- _ .tee. •- - —w .. .. ._ -•--- - —• • - � Its 1 DRAFT/ CONCEPTUAL FOR STYLE AND SIZE SENIOR LMNG CLUBHOUSE RESTAURANT / COURTYARD 20 FEBRUARY 2020 m m Babcock Design I I I I I I I r I I - -______._____ w 715 WELL STREET & B1 I 971 E WELLS CIRCLE FriS72o0S ' � I Bl I 1 ' ' l l / � , 4jE6) ^ } I_ ! `` S) I I ` y / // UNIT KEY PLAN PLANS AND ELEVATIONS ARE 47' Q / - CONCEPTUAL IN NATURE AND- - - - �- - �s. F Babcock Design B 25 r ARE PROVIDED TO GIVE AN ----- .. - - - I' - � r ' i 3' L' - - — / / / / /�_ 72' -0" INDICATION OF ARCHITECTURAL - - - - - - F lt Lake City 12'-o" 20' -o" 52 Exchange ge Place STYLE, BULK AND MASS UNATTACHED WALL •� `� WOOD FENCING ALONG Salt Lake City, UT 841 1 1 �... --- _ ___ - .:�.. + + I I I `�O- r , ^ PROPERTY LINE \ 8' -0" y o O / / NORTH PROPERTY LINE 3,312 S.F. LOT PLAN A 801 .531 .1144 { --_-- B1 1 m m ,' r - 20 UNITS OPTIONS 1 &2 :..- - BEAUTIFULLY LANDSCAPED / OPEN SPACE / / / \ REAR YARD SETBACK r - - - - - - r - - - - - 2 23' ; , / / _ / / Boise Bl I 0" WOOD FENCING B O' =_ I m SIDE YARD SETBACKS ------ / MEANDERING SIDEWALK o M REAR YARD 800 W MAIN STREET - ----- ' _ 26'-0" ,' / a _ ' ' / // SETBACK �1 --- - ---- 1 I - T- - I I I 2 � I I 1 SUITE 940 B ;- 1 -+._ p / / / ` / AS1 AS2 I I I / , / / _ BEAUTIFULLY LANDSCAPED BOISE ID 83702 oC in / / - - - - - - - - - - - - 26-f; c� 1 _ _ - _ _ J / , / ' � _ OPEN SPACE UNATTACHED WALL 208.424.7675 o I I ' / / / //r N o v SINGLE STORY 55+ DUPLEXES PROPERTY LINE = • _ Q 4' o, q) \-- ' o babcockdesign.com AND SINGLE DETACHED UNITS 1,403 S.F. LIVABLE 1,382 S.F. LIVABLE / / / a 304 S.F. GARAGE 304 S.F. GARAGE + r e` ry a - `�'" G / I I 4 -0 / / / / (/ / _ O / 40' VISION TRIANGLE FRONT YARD SETBACKS -- • • • 1 1 B1 I / / / / / / Q VEHICULAR SECURITY GATE PER TN-R _ r� / SECURE PEDESTRIAN GATE 0 + / revisions: `1 / "� ;'' f O. Bl I v ' ' _ / ' ' , �o UNATTACHED WALL (` ) I ------ ' `� PROPERTY LINE num. description date t Cl) ,' CURB AND GUTTER PLAN B v , f -g ^ l , `/ r+ I - - J \ ' _ 9 -0" 3,744 S.F. LOT 18 UNITS OPTIONS 1 &2 � / __- / 40' VISION TRIANGLE - �I 3 r.- - - - - - - - - - - � (// 4 , /' VISITOR PARKING o , _r. •�. + r {rr —�- o I — -- �-_ - q �'� .j+_ r - - - - - --- ---, I // o REAR YARD -1 o e� o r ry r + --_ SETBACK N I ,' / ----- I I ! 1 / 1 2'-0" I I I �, I Q / Q / / / N / // BS 1 652 1 UNATTACHED WALL m Q 4 REAR YARD SETBACK I I - - - - - - - J _ J �' ;- r=.;..`,_.•: _ ! l PROPERTY LINE F B _ . __J � `--•' "' ' + . rr ,' ~ ` --- „- _�__ ! BEAUTIFULLY LANDSCAPED I I I o / / /,- 1,482 S.F. LIVABLE 1,459 S.F. LIVABLE OPEN SPACE o r _ / -- , " 304 S.F. GARAGE 468 S.F. GARAGE 20'_ _ SHARED DRIVEWAY SERVING I I I ' N / i �) ,l 011 FRONT YARD SETBACKS I - " - A ! r 4UNITS r - - // _ / / q) % / PER TN-R I + A PROPERTY LINE r _ - _ _ , I /// / - _ _ _ ;' UNATTACHED WALL PLAN A date: I I I °j / ADDITIONAL 10' WIDE STRIP PROPERTY LINE ' - - - OF LAND 3,096 S.F. LOT project number: -• - __-- 47 =-- _ ----- -- ------ `• ! - - - - -/ 16 UNITS OPTIONS 1 & 2 p J 100 YEAR FLOODPLAIN o r r - - - - - J L - - - L _ _ J / o project status: 4 - - - - - / REAR YARD ? � / / I- _ / c7 original drawing is 30"x 42" ' 4 i__ _ ! _ _ -I f 1 B 1 / / c) $ETBAC K - current as of:3/18/2020 4:37:52 PM I \- I I , / � � ' 715 S WELLS B - +?` �`-_ / // 7 �1) I 1 I I 2 I I The information and content represented herein is considered b law - , __------ _1 , - 1 131 I r _ - - - - _ - - _ - _ the architect's instruments of service and are the property of Babcock ! +-'-'-' , �' '' + -•_ + + - ---- _ 1 _ - , / � / / /r � � I // I 1 Design.They are available for limited review and evaluation by clients, B ! -- +�'` - / / - STREET ATTACHED WALL consultants,contractors,government agencies,vendors,and office W r- ! 1 / /, / personnel only in accordance with this notice.They are intended for use --- I I / / / / // // / -- ' / PROPERTY LINE only for the project specified and are to be used for no other purpose or '/ / project including additions to or modification of the completed project. PROPERTY LINE 1,403 S.F. LIVABLE 1,382 S.F. LIVABLE No part thereof may be copied,reproduced,photographed,modified, published,uploaded,transmitted,disclosed,sold,distributed to others in r i ' Q �. U] / rr + �• L' - - - - - - J Q Q I // / L / ' / 304 S.F. GARAGE 304 S.F. GARAGE any way including in digital form,or oche wise used without the prior Q ! Q ! Q + _ _ _ _ - - - - — - - / / , , / / WOOD FENCING written consent of Babcock Design. -- _ _ --' / Fs FRONT YARD SETBACKS COPYRIGHT©2019 BABCOCK DESIGN -_-_- + ---- I I L _ - / 20' STREET SETBACK BUFFER PER TN-R SHARED DRIVEWAY SERVING / MEANDERING SIDEWALK UNATTACHED WALL stamp: 4 UNITS i -- I I o / �o / /AS / PROPERTY LINE PLAN B g i. - - S CONNECTION TO EXISTING I i � - - - - - _ _ _ _ 7/, 8 0 /% ' _ \ � ) , 3,528 S.F. LOT 22 UNITS OPTIONS 1 &2 L - - - -- r - += .-.• 10' WIDE MICROPATH WITH I Bl I I - - I I - \ I ,' � , _ \ � 261-0„ / \/ � , ; �/ _ - - - - - - � - - - = - I ----- I 26"0„ 4` __ 1 5' WIDE LANDSCAPING I ------ - - - / / / m qS) / 157_ o -r- ---" - 'I I I N / / I _ j 10 3132" - }J - 4 {57'-10313 EACH SIDE m °° ! / / I // / 4', / / o �•> + o I I / I I ' ' REAR YARD 2" I � 1 / --_�' 0" I 1 I I I I 4 1 _; `I / 4T�, 20' WIDE SANITARY SEWER --- --- / / / I ----------� _I ---- I 1 I I I I / 4'_0„ _ _ / I �, v SETBACK ------ '� ! SHOWN SHADED #95024469 �n e _ _ _ _ _ _ J I / 1 -�' , , I ! Bl B2 ------------ - 0 0 -Q • - - _ - - - - _ - - - - - x= - - - '. = - _ �' - o 40' VISION TRIANGLE - fa„ - ----- ... - ---- ----------- 1 -F,--= _ `n -�, C --- - - - - - - - - VEHICULAR SECURITY GATE l o LO o �O 50 0, ATTACHED WALL ,� - - , PROPERTY LINE 1,459 S.F. LIVABLE " - - - ] FENCED PET PAR o \r - - - - - - - - t 1,482 S.F. LIVABLE - T � o - ' - - - - - • - Q e = K CV o0 0 0 0 r _ _ VISITOR KEYPAD 304 S F GARAGE 468 S.F. GARAGE • • - • • • PROPOSED CUL-DE-SAC TO / �o v �O 1 a e _ BE VACATED ���� / ' `�' ! N SECURE PEDESTRIAN GATE FRONT YARD SETBACKS o •, _ - PHASE 1 , 1 r 9°54'49"W24.19' . .. -- -------------- PER TN-R - - I 1 ' 9°59'49"W 224.19' _ _ _ 40' VISION TRIANGLE - v - ADDITIONAL 10' WIDE STRIP _ _ i -- �- --- _ \ � - - - -_-_ \- - - - - - - - - - 1 - - - - - - 76TOTALUNITS -I - - - - -- - - - - -- - _ - OF LAND - I - - - - - o - - - - - - - - - - - - SHARED DRIVEWAY SERVING ------J _ - 0-0+! 100 YEAR FL 1 -------_--- -} _ - _ _ g !I 2 OODPLAIN 4 t 4 UNITS -0 GOLF ART PARKIN (715 S WELLS -50 UNITS) 6.59 ACRES + PICKLEBALL COURT I I I 9'-0"TYP ' .1 a _ _ I A - 1 - �- I I 'o - ` �� It MEANDERING SIDEWALK (971 E WELLS-26 UNITS)4.32 ACRES = 10.91 ACRES - - 8TOTAL r l. ,) + WOOD FENCING I I 8 TOTAL STALLS - 11 R ;;-. p I I I STALLS N ■ 1 - i WOOD FENCING (715 SWELLS) (971 E WELLS) - -A -� O _ - - - �.' ASPHALT I I I o _,,1 - 1 �i BSA t I MDR /TN MU-N /TN-R r��- __ g- I I 4 _ _-- - , - _ _ ADDITIONAL 5' WIDE STRIP ! A !20'-0' 7, 65 - Al I 440 SF , 1 _ _ _ - �- 1 $ N 5F ]] _ l 10' WIDE MICROPATH WITH 20' -0" l 7, R I OF LAND BOTH SIDES OF FITNESS] _ t FLOODWAY 20' 0' 1 ' _ Q'-Q f R ASl t 20 0" (76) 1 STORY UNITS _ 5' WIDE LANDSCAPING - - - _ I a r - r - - FITNESS r-- I t ` A5 _ I -- -- - EACH SIDE 5 - - I I PARKING FITNESS AND SPORTS COURTS POOL ' NAM AT& MERIDIAN _ _ _ _ _ _ I 1 t � � i _ _ __- - � ; _�- .` IRRIGATION DISTRICT SINGLE STALL GARAGES = 76 ADDITIONAL 5' WIDE STRIP I 1 a, �.� STREET VISITOR STALLS = 26 5fl L �.� MAINTENANCE EASEMENT SINGLE DRIVEWAY = 76 1 0 OF LAND BOTH SIDES OF 10' WIDE MICROPATH WITH I ; "PUTT PUTT GOLF C' FLOODWAY ►►►►� b '� __ - _ _ _ 1 "_---- - --- FIRE PIT �/ ��� 5' WIDE LANDSCAPING TOTAL PARKING STALLS = 178 EACH SIDE CONNECTED TO > _ `"� - '+: {�-• WOOD FENCING ALONG - _ ,I, . 2 STALLS PER 1/2 BED UNITS 148 FIRE Pff ► , _ __ - _ - . 1 STREET SIDEWALK _ NORTH EASEMENT OF NAMPA _ __ _ _ _ f� y MERIDIAN IRRIGATION DISTRICT �►►►►► - - _ _ _ \--_ - - _ -� - - PUTT PUTT GOLF 4 HOLE PUTTING AREA 'r NEW CONSTRUCTION PHASE LINE ►►►►'►►n►► P�E 1 ----- 1 �� ASPHALT MICRO PATH ,r ? C �� - COVERED ACCESS BRIDGE I _ _ \\ _ _ - n►111111►►►►► ►►►n►►►►►► I= ,_ _ _ �' ,�.` Q�P ' 1 WOOD FENCING ALONG _ - -' G' rr, - ��rNE �� 1 ' _ o - - _ _ _ ►n►►►►�•0 1 --- _ Z NORTH EASEMENT OF NAMPA 955 S WELLS SIT � Ml� CRC�� �• 1 THICK GRAY DASHED LINE I , ' - - - - ►► ►►►► CENT w ------- �� E - - - - - MERIDIAN IRRIGATION DISTRICT } - - - - ( 45 ACRE VACATED STREET) - 5.01 ACRES TOTAL •, : ` ° --- ` - CONS - - - - K LOODWAY 22,966 SF . .. . ., I - - - I 1 ► FIVEMI LINE OF o � .`� � CONSTRUCTION PHASES 1 AND 2 r ►►►►'�R.E W ,,, MU-N %NSR 0 •,,► ��. OPEN SPACE 2 N A SEPARATION ►• I►►,►► • T 8' 0" _ 1_ - - - ___ � WE ARE REQUESTINGAN __ _ _ __ _. . _ �� BEAUTIFULLY LANDSCAPED - _ \�- _ _ Bn���u� / � UTTGdLF ; - �- -- -�` OPEN SPACE I 1 - - __ _ _ _ Z _ _ 1 MEANDERING WALKING PATH 3 STORY ALLOWABLE FOOTPRINT J GOLF _ _ _-_- FOOTPRINT 20 000 SF I MEANDERING M I -- NG WALKING I O UTT G F - -I--- - - -r GREENHOt19E -I - �,$�� �- 1 '. 1 / � J ' S (64)OOBED O 36 000 FROM _. ._. � , PATH -�-� � �1', jai 1 MERIDIAN SIRR IRRIGATION DISTRICT (24) 2 BED 5 880 SF i; - } " a $$ 5,8�SSF ��� DUMPSTER ENCLOSURE �` ] WOOD FENCING GREENHOU 1 j WE ARE PROPOSING (88) TOTAL UNITS "' ;'' �' I I �9F� s�g$ ] 12D 0 REAR YARD SETBACK I ' � _ 10� 1 CLUBHOUSE AND RESTAURANT NICELY LANDSCAPED -' T� � 1 COMMON OPEN SPACE U. al N I , p -] 10'-0" - _� P 1 _ ABOVE-MAINTENANCE AND NURSING AND RESIDENTIAL r m m I ` SUBDIVISION MAP BK52 PG4445 ; I IN LIEU OF THE 80 S.F. AT I N _ GOLF CART PARKING BELOW CARE FACILITY PARKING f *ice` �. I - - - - - - - - - - - - - - - - - - - - l ` _, 10' WIDE PUBLIC UTILITIES I r � r � I- � r � � y o i� THE UNIT DECKS y� - TOTAL BEDS 112(0.5) { U ! ___r i l_ _ _ =- __ ;' _ _ - �� DRAINAGE AND IRRIGATION 20'-0" 1 1 I I 120' -0 N - DASHED LINE AND SHADING _ 1 _ 56 TENANT STALLS REQUIRED --- ---, --- ---, �•• INDICATES COVERED PARKING _-_ 26 I I I I 2643.7 t ' I 9' -0 rn + 20' WIDE SEWER LINE _ STRUCTURES 1. hot #96008004 in N N I I in N �� \ 0°26 -U' 1 r 50 COVERED TENANT STALLS (10 GARAGES 40 COVERED PARKING) ! - - - - - -f ! _ ' }a °_° _ _ _ a_ Q _ _ _ _ 1 cri> 50 VISITOR AND STAFF STALLS m m Aq' '+ _ 10 FRONT YARD SETBACK 1 I I 1 1 I 1 `' O' 4" xl -;.I. - I 1 i STREET SIDEWALK 100 TOTAL STALLS PROVIDED (56 REQUIRED) 2' ;,� + _ l ' RAISED TIERED COMMUNITY L = J 10 OUTDOOR RESTAURANT _ _ O o 50.0% OF STALLS COVERED GARDEN BEDS Q{ -- t 3: :,. l 1 SEATING CL n, hr- - B -' _' -- �; _ ____ Q QD = l ` +► 14' WIDEGRAVELACCESSROAD o l Q I GOLF CART PARKING O70 - A ' � f l l _ UNIT DENSITY I !�I I � f � i OLD CONSTRUCTION PHASE I _f i ! q 1 ] HAS �� LINE, NO LONGER APPLICABLE I! i 15.92 ACRES TOTAL PROJECT AREA WITH A a - _ - + \ --- • BOCCE BALL COURT 10 UNIT/ACRE BLENDED MAXIMUM N I I in O II�F r i 25'-0" ` ] 10 1 '° 6 I m Q I I Q I I �° I BEAUTIFULLY LANDSCAPED I --- I s --• ` --- --- --- __ 10 ___ _� MDR/TN-R 8 UNITS /ACRE MAXIMUM z ' '� I 1 l GARAGES i I I I I ,I - - ' 10 6 COURTYARD AMENITY SPACE MU-N /TN-R 12 UNITS / ACRE MAXIMUM l - -- + -� SIDE YARD SETBACK 4 - - - - - - - \ ! m 1 m 10 1 STORY UNITS 76 - - - - -• III _ 1 PROPERTY LINE L, I � B _..-= r • __.. �, �# I � �a � l ;- REARM r- - - - - r- - - - - - - , r - - - - - - � r- - \I ---�_� �' 3STORY I ►' I/ I• I I 11 I o 30,000 S.F. FOOTPRINT YARD SETBACK AND �, N 1 !I o - _- r l /� - SEWER EASEMENT 9 I --- 1 I 1 --- 1 1 --- --- �� SALON AND SPA (64) 1 BED ' 10- ----- ` l � AND SINGLE DETACHED UNITS Q � I � � ------ _ 9 55 S WELLS (24) 2 BED SINGLE STORY 55+ DUPLEXES VAN I I I I Q ____ L UNITS 88 I � I � m � i m Z `O 1 SHARED DRIVEWAY SERVING I L w ---__-- STREET TOTAL •II ; --• 1 ; 3 STORY °'--• _J o? _ _ _ _ _ 4'_0 --- - .. - '' -- -- -- •' I I HC 55+APARTMENTS I -0 4UNITS - - - - - - J L _ `I 10 - U_ o GRAND TOTAL UNITS 164 Liv i A 4'-0 . I 8 -- ------------� G ' I o 3 STORY II o, CENTRAL MAILBOXES AT ` ! - LOBBY AREA AND PROPERTY 10 UNITS /ACRE AS SHOWN �F _--- - •Yly, - I I 1 ' - I ' y 971 E WELLS o 55+APARTMENT$ -- ' 8`-0'" %1�'-0' ; 183'-D" VAN t 0" MANAGEMENT OFFICE L_____________ __________ J I i i $ ! -- -- -- _ I f `� - - - - - - r - - - - - - - \1 --- - 30,000-SF-----� HC 10 ,'T VAN S' SETBACK - I - - - - - - - - - --- - -I CIRCLE - - - - - - OPEN SPACE z -� \ ___ ___ - 4 VI I N TRIANGLE { 183' 0" VAN 0' S O I� f 1 Q ti I 00 Q 1 1 Q 1 1 co Y O N PROPERTY LINE N I ---- - d fl ti �_, _____ _ _ 2 VAN OPEN SPACE = 183,121 S.F. 8-0" YJ I I \ 0 8 0 nn n �. s VEHICULAR SECURITY GATE 10'-0' 26'-b" SIDEWALK TOTAL LOT AREA= 687,607 S.F. - HIRE LANE 122TOTALPARKING STALLS h _ _ _ _ _ _ J L - - _ - - J L _ _ _ _ - J L _ - - o CURB AND GUTTER OPEN SPACE PROVIDED - 26.6�0 ti�� k' - DUMPSTER ENCLOSURE - - - 1 00 { I I I z=��E= Li i � FA�RH - 8 9 10 1 CU > 10°Ja REQUIRED VEHICULAR SECURITY GATE - - — HARDSCAPE STRIP iI �y -- - -- - 0 0 5. $ l I 1 ,I I AMENITIES REQUIRED 4 y _ _ V.MASl j ASl _ b FIRE LANE 1 10 TOT KING STA DING______ ____ 9' " AL PAR DASHED LINE AND SHADING A D 1 1-12 I 0 � b" LLS A AMENITIES PROVIDE _. . _. - - -0 1 / -_-_ TYPE rl INDICATES COVERED 1. CLUBHOUSE _. _._ - 40' VISION TRIANGLE I 0 $ -� I /, '`ry I o 20'-0" PARKING STRUCTURES 2. RESTAU RANT J f EXISTING CUL-DE-SAC TO BE t�8 ' 2 L - I L - _ 10 10 4 � - - - - - - - - - - - - - - - _ ° � 40' VISION 3. FITNESS FACILITIES VACATED AS SHOWN IN DARK GRAY WELLS CIRCLE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TRIANGL EAST50x100 2862.56 S.F.-0.066 ACRE � 4 OPEN GRASSY AREA AT - a ( ) - -------------------------- - - - - - - - - - - - E 5. COMMUNITY GARDENS L LU �s _ _ ____ --------------------- - _ _ EASEMENT FOR TEMPORARY CUL-DE-SAC ;'� - � � �� I °,', ------- `---_ � 6. POND, WATER FEATURES & FIREPIT v ' o I-, 186'APPR[37C 03 \ N, o (OPTIONAL) 7. POOL OPTIONAL PET PARK o _ WELLS CIRCLE °° NORTH 8. WALKING TRAILS( PREVIOUS UPDATED 20' WIDE PERMANENT EASEMENT 9. SPORTS COURTS I.E. PICKLE BALL #99070122 - AND BOCCE BALL __ •_ 0 0 186'APPROX 10. PUTTING GREENS 11. SPA O 714o - 12. SALON 1 SITE PLAN oLAN �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 8.A. Presenter: Chris Johnson Estimated Time for Presentation: 3 minutes Title of Item - Ordinance No. 20-1880: An Ordinance (H-2019-0134 Hill's Century Farm North) for Rezone of a Parcel of Land Being a Portion of the North %of the Northwest'/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 39.9 Acres of Land From R-8 (Medium Density Residential) Zoning District to C-N (Neighborhood Business) Zoning District(4.9 Acres), C-C (Community Business)Zoning District(4.35 Acres) and R-15 (Medium High Residential) Zoning District(30.65 Acres) 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 Rezone ordinance for Hill's Century Farm North Council Notes: .A=& an ATTACHMENTS: Descripti Woad Date Hill's Centiury Farm North Ordinance Ordinance 5/14/2020 Exhibit A to Ord Exhibit 5/14/2020 Exhibit B to Ord Exhibit 5/14/2020 REVIEWERS: Department eviewer Legal. Weatherly,Adrienne Approved 5/14/2020 -4:26 PM Legal. Albertson, Michelle Approved 5/14/2020 -4:36 PM Meridian City Council Meeting Agenda May 19,2020— Page 103 of 113 ADA COUNTY RECORDER Phil McGrane 2020-059696 BOISE IDAHO Pgs=9 VICTORIA BAILEY 05/20/2020 01:55 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 20-1880 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2019-0134 HILL'S CENTURY FARM NORTH) FOR REZONE OF A PARCEL OF LAND BEING A PORTION OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 33,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 39.9 ACRES OF LAND FROM R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT TO C-N (NEIGHBORHOOD BUSINESS ) ZONING DISTRICT(4.9 ACRES),C-C(COMMUNITY BUSINESS)ZONING DISTRICT(4.35 ACRES) AND R-15 (MEDIUM HIGH RESIDENTIAL) ZONING DISTRICT (30.65 ACRES) 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"is within the corporate limits of the City of Meridian,Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property,to-wit: Martin L. Hill, Hill&Hill Properties. SECTION 2. That the above-described real property is hereby re-zoned from R-8 (Medium Density Residential) zoning district to C-N (Neighborhood Business) zoning district (4.0 acres), C-C (Community Business) zoning district (4.35 acres), and R-15 (Medium High Residential) zoning district (30.65 acres)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 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 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. RE-ZONE ORDINANCE—HILL'S CENTURY FARM NORTH-H-2019-0134 PAGE 1 OF 3 Meridian City Council Meeting Agenda May 19,2020— Page 104 of 113 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 19th day of May 2020. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO,this 19thday of May , 2020. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 19th day of May , 2020, 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. (SEAL) Notary Public for Idaho Residing At: Meridian, Idaho My Commission Expires: 3-28-2022 RE-ZONE ORDINANCE—HILL'S CENTURY FARM NORTH-H-2019-0134 PAGE 2 OF 3 Meridian City Council Meeting Agenda May 19,2020— Page 105 of 113 EXHIBIT A lam 9233 WEST STATE STREET I BOISE,ID 83714 1 208.639.6939 1 FAX 208.639.6930 June 13,2019 Project No.:18-137 EXHIBIT A LEGAL DESCRIPTION FOR REZONE TO C-N A parcel of land being a portion of the North 112 of the Northwest 1/4 of Section 33,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northwest corner of said Section 33,which bears N89°15'22"W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of said Section 33; Thence following the northerly line of the NW 1/4 of Section 33,S89`15'22"E a distance of 892.60 feet to the POINT OF BEGINNING. Thence following said northerly line,S89'15'22"E a distance of 609.12 feet to a point; Thence leaving said northerly line,S00°16'11"W a distance of 350.17 feet to a point; Thence N89`15'22"W a distance of 612.02 feet to a point; Thence N00`44'38"E a distance of 350.16 feet to the POINT OF BEGINNING. Said parcel contains 4.909 acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached is EXHIBIT B and by this reference made a part of. W�' till a 124590 OF ♦� N b. Bt►L�' 6 .13•zoi9 ENGINEERS I SURVEYORS I PLANNERS www.kmengilp.com Page 1 Meridian City Council Meeting Agenda May 19,2020— Page 107 of 113 km f�- 9233 WEST STATE STREET I BOISE,ID 83714 1 209.639.6939 1 FAX 208.639.6930 June 13,2019 Project No.:18-137 EXHIBIT A LEGAL DESCRIPTION FOR REZONE TO C-C A parcel of land being a portion of the Northwest 1/4 of the Northwest 1/4 of Section 33,Township 3 North, Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northwest corner of said Section 33,which bears N89°15'22"W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of said Section 33; Thence following the northerly line of the NW 1/4 of Section 33,S89"15'22"E a distance of 350.16 feet to the POINT OF BEGINNING. Thence following said northerly line,S89°15'22"E a distance of 542.44 feet to a point; Thence leaving said northerly line,S00°44'38"W a distance of 350.16 feet to a point; Thence N89°15'22"W a distance of 539.24 feet to a point; Thence N00°13'13"E a distance of 350.17 feet to the POINT OF BEGINNING. Said parcel contains 4.348 acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached is EXHIBIT B and by this reference made a part of. lo�� .•c a m 12459 c 2 OF % (o •I'3•�t`1 ENGINEERS I SURVEYORS PLANNERS www.kmengllp.com Hill's Century Farm North-H-2019-0134 page 2 Meridian City Council Meeting Agenda May 19,2020— Page 108 of 113 km 9233 WEST STATE STREET I BOISE,ID 83714 1 208.639.6939 1 FAX 208.639.6930 December 24,2019 Project No.:18-137 EXHIBIT A LEGAL DESCRIPTION FOR REZONE TO R-15 A parcel of land being a portion of the North 1/2 of the Northwest 1/4 of Section 33,Township 3 North, Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northwest corner of said Section 33,which bears NOO"13'13"E a distance of 2,677.50 feetfrom a found aluminum cap marking the West 1/4 corner of said Section 33; Thence following the westerly line of the Northwest 1/4 of Section 33,S00'13'13"W a distance of 350.17 feet to the POINT OF BEGINNING. Thence leaving said westerly line,S89"15'22"E a distance of 1,874.00 feet to the subdivision boundary of Hill's Century Farm Commercial Subdivision No.1(Book 115 of Plats at Pages 17,131 through 17,134,records of Ada County,Idaho); Thence following said subdivision boundary the following six(6)courses: 1. S00°44'38"W a distance of 27.68 feet 2. S89'46'03"E a distance of 134.25 feet; 3. S00°44'38"W a distance of 29756 feet; 4. S67`16'19"W a distance of 13.96 feet; 5. N89°46'03"W a distance of 16.60 feet; 6. S00°13'57"W a distance of 31.50 feet; Thence leaving said subdivision boundary,N89'46'03"W a distance of 175.28 feet; Thence 231.25 feet along the arc of a circular curve to the right,said curve having a radius of 500.00 feet,a delta angle of 26'29'58",a chord bearing of N76'31'04"W and a chord distance of 229.20 feet; Thence N63°16'05"W a distance of 105.11 feet; Thence 184.36 feet along the arc of a circular curve to the right,said curve having a radius of 170.50 feet,a delta angle of 61°57'08",a chord bearing of S59°33'30"W and a chord distance of 175.51 feet; Thence N89°27'52"W a distance of 52.53 feet,- Thence SOO`32'08"W a distance of 397.94 feet; Thence S60°37'07"W a distance of 157.72 feet; Thence N89°27'52"W a distance of 583.30 feet; Thence 72.41 feet along the arc of a curie to the right,said curve having a radius of 180.00 feet,a delta angle of 23°02'55",a chord bearing of N77°56'24"W and a chord distance of 71.92 feet; Thence N66°24'57"W a distance of 40.65 feet; Thence 215.16 feet along the arc of a curve to the right,said curve having a radius of 200.50 feet,a delta angle of 61'29'08",a chord bearing of S59°47'34"W and a chord distance of 204.99 feet; Thence N89"27'S2"W a distance of 273.35 feet to a point on the said westerly line of the Northwest 1/4 of Section 33; Thence following said westerly line,NOC°13'13"E a distance of 913.07 feet to the POINT OF BEGINNING. ENGINEERS I SURVEYORS I PLANNERS Hill's G www.kmengllp.com Meridian City Council Meeting Agenda May 19,2020- Page 109 of 113 Said parcel contains 30.65 acres,more or I-ass,and is subject to all existing easements and/or rights-of-way of record or implied. Attached is EXHIBIT B and by this reference-made a part of. a N 12459 0 a � 4 L. BA�yA l .2y zoLq Hill's Century Farm North-H-2019-0134 page 4 Meridian City Council Meeting Agenda May 19,2020— Page 110 of 113 Exhibit B POIN I OF CUMMENCEMENT NW COR SECTION 33 E. Amity Road POINT OF BASIS OF BEARINGS BEGINNING N89'15'22 W 2660.61' NORTH i SECTION 3 33 CO3 892.60' r S89'15'22"E 609.12' -a ---R/W R/N R/W R/W R/W R/Y! ° Total Rezone:4.908± APN: 51133223010 (POR,) �, o & S1133212403 (POR.) 7— n to C, CURRENT ZONING: R-8 C) ' A PROPOSED ZONING: C—N N x �^ Hill's Century Farm NB9.15'22"W 612.02 Commercial Sub. No. 1 1 UNPLATTED UNPLATTED ou M/2! N,/aI R/W R/W— R/W Healthy Living Subdivision I I N LEGEND BRASS CAP ® ALUMINUM CAP CALCULATED POINT REZONE BOUNDARY —SECTION LINE 0 150 300 600 R/W RIGHT—OF—WAY LINE in- 1 1"=300' ENGINEERS.SURVEYORS.PLANNERS 9233 WEST STATESTREET BOISE,IONI083714 PHONE(208)639-6939 -AX(208I6396930 EXHIBIT B - REZONE TO C CENTURY FARM NORTH DATE: 6113.2019 PROJECT: 18.137 SHEET: A PORTION OF THE N 1/2 NW 1/4 1 OF 1 SECTION 33,T. 3 N., R. 1 E., B.M., ADA COUNTY, ID Hill's Century Farm North—H-2019-0134 Meridian City Council Meeting Agenda May 19,2020— Page 111 of 113 Exhibit B POINT OF COMMENCEMENT NW COR SECTION 33 E, Amity Road BASIS OF BEARINGS NORTH 1/4 CUR N89'15'22"W 2660.61' SECTION 33 350.16' S89'15'22'E 542.44' R✓b R/W R/W R/W — R/W R/W - — R/W NOO'13'13'E Total Rezone: 4,348± SOD•44'38 W 350.17' APN: S1133223010 (POR.) 350.15' CURRENT ZONING: R-8 a PROPOSED ZONING: C-C O IU N89'15'22W 539.24' tin w UNPLATTED vi �. UNPLATTED Healthy Living l Subdivision l �i N LEGEND BRASS CAP ® ALUMINUM CAP CALCULATED POINT REZONE BOUNDARY —SECTION LINE 0 150 300 600 R/W RIGHT-OF-WAY LINE 1"=300' ENGINEERS.SURVEYORS.PLANNERS 9233 WEST STATE STREET BOISE,IDAHO 83714 P FAX(209)639-6309 EXHIBIT B - REZONE TO C-C CENTURY FARM NORTH DATE- 6-13-2019 PROJECT, 16.137 SHEET: A PORTION OF THE NW 1/4 NW 1/4 1 OF 1 SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID Hill's Century Farm North—H-2019-0134 Meridian City Council Meeting Agenda May 19,2020— Page 112 of 113 it CERTIFICATION OF SUMMARY : William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . N ` r Wil iam L. M. Nary, Cit Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 204880 An ordinance (H-2019-0134 Hill ' s Century Farm North) for the rezone of a tract of land as defined in the map published herewith; establishing and determining the land use zoning classification from R-8 (Medium Density Residential) zoning district to C-N (Neighborhood Business) zoning district (4 . 0 acres), C-C (Community Business) zoning district (4 . 35 acres) and R- 15 (Medium High Residential) zoning district (30 . 65 acres) ; 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 an effective date. 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 be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B .] RE-ZONE ORDINANCE - HILL' S CENTURY FARM NORTH - H-2019 - 0134 PAGE 3 OF 3 Exhibit B POINT OF COMMENCEMENT NORTH 1 C NW CDR SECTION 33 E. Amity Road SECTION33 N89'15'22 W 2660.61' _ E ` I RIW R/W R/W R/W R/W R/W R/a ILLO Z S00'13'13W > 350.17' Unplatted 73 o tied APN: 51133223010 (POR.) Unplatted > APN: 51 133212403 (POR.) vJ -0 O Ln 589'15'22'E 1874.00' L2 POINT OF 11 i BEGINNING a1 E N63'16'05'W E i� N89.27'52�N 105.1 1' L4 O U L5 Total Rezone: 30.65 AC± 52.53'� GZ C' L6 s In APN: S1133223010 (POR.) Z^ APN: S1133212403 (POR.) O �N N89'46'0314 CURRENT ZONING: R-8 � cc6 M PROPOSED ZONING: R-15 o rn 175.28' W N pry O O rcy Z LLJ N d OA u) C C vi a b N66'24'57"W ,>_.O 90 40.65' J > C3 N89'27'S2"W �-0 N89'27'52"W G� 583.30' S60'37'07"W to Unplatted 157.72' _ 273.35' APN: 51133223010 (POR.) Hill's Century Farm Hill's Century Farm Subdivision Phase 1 Subdivision Phase 2 CURVE TABLE CURVE RADIUS LENGTH DELTA CHORDBRG CHORD LINE TABLE C1 500.00' 231.25' 26 29'58" N76'31'04'W 229.20' LINE# LENGTH DIRECTION C2 170.50' 184.36' 61'57'08" S59'33'30'W 175.51' L1 27.68 SO'44'38"W C3 180.00' 72.41' 23'02'55" N77-56.24-W 71.92' L2 134.85 S89'46'03'E C4 200.50' 1 215.16' 61'29.08" S59-47.34'W 204.99' L3 297.56 SO'44'38"W WEST 1/4 CDR SECTION 33 N L4 13.96 S67'16'19W LEGEND L5 1 s.so N89•46'03"w BRASS CAP ALUMINUM CAP L6 31.50 SO'13'S7"W CALCULATED POINT lam REZONE BOUNDARY — — — — —SECTION LINE 0 150 300 600 ENGINEERS.SURVEYORS.PLANNERS —R/W—RIGHT-OF-WAY LINE 9233 WEST STATE STREET PARCEL LINE 1"=300' BOISE,IDAHO 83714 PHONE(208) 9 FAX 1208)6396930 EXHIBIT B - REZONE TO R-15 CENTURY FARM NORTH DATE: 10-24-2019 PROJECT: 13.137 SHEET: A PORTION OF THE N 1/2 NW 1/4 1 OF 1 SECTION 33, T. 3 N., R. 1 E., B.M., ADA COUNTY, ID Hill's Century Farm North—H-2019-0134 Meridian City Council Meeting Agenda May 19,2020- Page 113 of 113 E IDIAN --- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Item Title: Future Meeting Topics Meeting Notes: