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2020-08-04 Regular E HO IDIAN City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday,August 04, 2020 at 6:00 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/84933344613 To call in: 1-669-900-6833 Webinar ID: 849 3334 4613 ROLL CALL ATTENDANCE PRESENT Mayor Robert E. Simison Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilwoman Liz Strader PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA -Adopted PUBLIC FORUM - Future Meeting Topics The public are invited to sign up prior to the start of the meeting to address their elected officials regarding matters of general interest or concern of public matters. This time is reserved for general topics and not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public commentsection. However, 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 directstaff to further assistyou in resolving the matter following the meeting. COMMUNITY ITEMS 1. Republic Services COVID-19 Operations Update ACTION ITEMS Public Hearings related to land use applications follow this process:Once the hearing is opened, City Staff will present their analysis of the application. Following this, the applicant will be allowed up to 15 minutes to present their application. Following any questions that may be asked by Council, members of the public are allowed up to 3 minutes each to address Council regarding the application. If a person is representing a Homeowner's Association, indicated by a show of hands, they may be allowed up to 10 minutes, provided those they are representing are yielding their time. Following all public testimony, the applicant is allowed an additional 10 minutes to respond to comments. Council may ask additional questions, and then close the public hearing. Once the hearing is closed, not further testimony will be heard. City Council may move to continue the item to a future meeting or may vote to approve or deny the item with or without changes presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie-vote. 2. City Clerk:Appeal of Denial of Mobile Sales Unit License (MSU-20-0038) by Angelo Medina -Appeal Denied 3. Public Hearing for Villas at Twelve Oaks East (H-2020-0014) by Jim Jewett, Located at 115 S. Linder Rd. - Denied A. Request: Annexation of 6.63 acres of land with a TN-R zoning district. B. Request: Modification to the Existing Development Agreement (Inst. #2016- 095715) to include the subject property and proposed development plan in the agreement and removal of the provision requiring an 8-foot tall concrete fence to be constructed. ORDINANCES [Action Item] 4. An Ordinance (H-2019-0123 - Sky Mesa Highlands) for Annexation of a Portion of the Southeast Quarter of the Southeast Quarter of Section 32 Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, as Described in Attachment"A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 31.96 Acres of Land from RUT To R-4 (Medium Low Density Residential) Zoning District in the Meridian City Code; Providing That Copies of this Ordinance Shall Be Filed With the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required By Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. -Approved as Ordinance 20-1887 FUTURE MEETING TOPICS ADJOURNMENT - 7:15 p.m. Item#2. Meridian City Council August 4, 2020. A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, August 4, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Sonya Allen, Clint Dolsby, Shawn Harper, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, I will call this meeting to order. For the record It is Tuesday, August 4th, 2020, at 6:01 p.m. We will begin tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Next item on the agenda is the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation Simison: Item No. 3 is our community invocation, which will be led this evening by Pastor David Snyder. Pastor Snyder, if you would like to come forward and for anyone joining us in the audience or online, ask you to join us in this invocation or take it as a time for a moment of silence and reflection upon where we are as a country. Snyder: Thank you. Let's pray. Father, it is good to be able to pray, call on you and ask you to be present in this city, in this meeting. We believe, Lord, that your presence actually resides where people invite you to be, so I pray for wisdom. Be present for Mayor Simison, for the City Council. Pray that your blessing, Lord, would help them to choose wisely for the good of this city. Pray, Father, that you would bless our Fire Department, Police Department, all of our first responders. Teachers. We just believe this is a blessed city and we pray that you continue to give us your favor and in all things, Father, we pray that we would remember that it's because of you we are blessed, not because of us, because of your grace and because of what we have done. We pray in humility, Father, that we will remember that you are the giver of all good things. We bless you in the name of your son Jesus, amen. Thanks for letting me be here. Bless you guys. Page 16 Meridian City Council Item#2. August 4,2020 Page 2- — Item 4: Adoption of Agenda Simison: Thank you. Next item up is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as presented. Cavener: Second. Simison: I have a motion and a second to adopt the agenda. 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: ALLAYES. Simison: I ask this, because I look at the agenda I have. I have something that says Consent Agenda and items moved from the Consent and the Consent is crossed out. Were they on the agenda or were they not on the agenda? Johnson: Mr. Mayor, they were published on the agenda, but there are no items. This is growing pains with the new system, but Consent Agenda and items move from Consent, there is neither. Simison: Okay. Well, we will move -- we will move past those items that are on the agenda, but not part of the agenda. Item 5: PUBLIC FORUM — Future Meeting Topics Simison: Do we have anyone signed up under the public forum for future meeting topics? Johnson: Mr. Mayor, we do not. Item 6: COMMUNITY ITEMS 1. Republic Services COVID-19 Operations Update Simison: Okay. Then with that we will move into our community items and we will turn this over to Republic Service for an update on the COVID-19 operations and I will turn this over to Ms. Klein. Klein: Thank you. Thank you, Mayor and Council. It's a pleasure to be back here. Rachele Klein with Republic Services. 2130 West Franklin Road in Meridian. And I had the opportunity last week to speak with Dale Bolthouse and he thought it was a good time Page 17 Meridian City Council Item#2. August 4,2020 Page 3-— to come and give you guys an update on services and what's going on operationally behind the scenes here in the midst of this pandemic and providing solid waste services, which is definitely a critical service even -- probably more so during this time than ever. So, we are five months into this and we have been very fortunate -- I guess in early March -- for March, April, May June July. So, we are five months into this now. We have been fairly fortunate to be able to provide services as scheduled. So, we have had a few drivers get sick more recently. We have had up to, you know, 14 or 15 get sick at one time, which has really stressed our system, but we have floaters in place and lead drivers in place and we also have a crew that's been able to cover those services despite those that have been out. One thing that makes Meridian different -- I think what happened is we have Public Works directors that share a lot of information, because they work really closely in the valley and one of the questions was how -- how are you -- how is Meridian faring in this and you guys are safe. I want to make sure that you guys know that your services are not at risk of being altered at this time and there are a couple of reasons for that. One is that we did a reroute in Meridian not too long ago, so we built in capacity. Normally let's say a residential route would pick up 800 households in a day and we built in the capacity for the new subdivisions coming online. So, we have about 500 houses to a route, particularly out toward the new Costco and, then, south of the freeway. So, those drivers, even though some of their crew mates are gone, they are able to get their routes done and, then, swing over if they have the time during the day to get their -- their fellow, you know, coworkers work done during the same -- that same window of time during the day. We also have -- we -- we came to you guys early on and asked for your support in starting services earlier. So, we threw out groups of ten at a time and we actually left Meridian in place. So, because Boise has so many routes we moved all -- like them to an early start and so they started crewing out earlier and Meridian kept the same time slot. So, there is not a real mix in the crews and drivers between the municipalities. So, the risk that we had in -- in other areas that have two person routes, there is two people in a truck, and they are constantly switching who is driving and it's really close quarters, we don't have that situation in Meridian. These are automated side load trucks. So, we have one driver, one cab, one route. So, that's really helped our situation and those drivers that were sick have been coming back now, so we are -- we implemented -- in addition to cab sterilizations and masks and social distancing and hand sanitizer in every cab, we -- we have now masks are mandatory. So, before early on they were optional and now they are mandatory. So, everybody that leaves their cab during the day has to have a mask on or if they are in the office they have to have a mask and that has really helped. So, if by chance something were to happen we have worked closely with Tom Otte on your -- in Public Works and, again, we are really fortunate because we have a hierarchy that would leave the general public for the most part pretty unaffected. So, the first things that we would suspend if we really had a labor shortage would be subscription programs like glass and grass only. So, those are subscription routes that -- that would free up a driver if we suspended those and would really not affect very many households and the other thing we could go back to doing, which we did early on, was suspend bulky item collection, because those are just people that would like us to come to their house to pick up a bulky item and they are generally not urgent requests and so we also let those people bring the items for free to the Meridian Transfer Station if we can't get to their house. So, we are in a pretty good spot and -- but if we ever got to the point, one of Page 18 Meridian City Council Item#2. August 4,2020 Page 4 of— the questions I was asked was is there anywhere in the country where you are just having to landfill everything just to keep solid waste moving through and the answer to that is no. So, so far we have been able to stay ahead of that. In other areas of the country we have moved in what are called Blue Crews, which are teams of drivers that support different the business units when we have a labor shortage. Idaho is still considered a hotspot, so we can't move drivers in here at this time from out of state to support us and we are really aware of that, so we are working really carefully to make sure everyone stays healthy, but if we ever got to that situation and we -- you know, if it wasn't enough to suspend grass and glass and bulky items, then, we would have -- then we have a communication plan in place, so we would send out a -- call them all text message, which if you are a Meridian resident I'm sure you have gotten these from us before. You get a phone call and a text message announcing whatever it is that's coming up, whether it's spring cleanup or, you know, fall leaf collection or things like bulky items changing, we would make sure we reached out to everybody and, then, the city also has the Meridian Trash Talk website -- or Facebook page and, then, social media like Twitter and Facebook and -- I mean NextDoor and things like that. So, we have been working with Tom. We want to make sure that you know you are covered from a collection perspective and -- and in the event that something would happen that we couldn't get everything picked up according to schedule, then, we would make sure that was well communicated ahead of time to all the residents and businesses. Do you guys have any questions? Simison: Thanks, Rachele. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Rachele, thanks for being here. It's nice to see you. Klein: Sure. Thanks. Cavener: I'm just curious, just from a collection standpoint are you collecting above average, below average, or on average than you were six months ago? Klein: Councilman Cavener, Mayor Simison, we -- we started early on just picking up more garbage than we could imagine. I think everybody was in purge mode. They didn't know how long the pandemic would last, so everybody was cleaning up at home. We saw a huge spike in residential volumes, but, then, now it's tapered off, so I think people have done the work, they are living cleanly, they are at home all day, so they are more sensitive to what they are bringing in and most people are still working remotely has been our experience, so we are seeing people starting to throw away the average volume again, which is nice. So, we had probably three months where we really saw a lot of waste going on. And people's offices -- so, commercial trash volumes dropped and residential trash volumes spiked, which we anticipated. So, yeah, we are starting to finally see that level off. Thank you. Any other questions? Page 19 Meridian City Council Item#2. August 4,2020 Page 5—— Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Not a question, but a comment. Always love to see you. Appreciate all you do. Klein: Thank you. Thanks. Bernt: Let Mark know and the team that we are --we appreciate everything that Republic does. Klein: I will. Yeah. Thank you. All right. And you all have my contact information if you need anything else. Thank you. Item 7: Action Items 2. City Clerk: Appeal of Denial of Mobile Sales Unit License (MSU -20-0038) by Angelo Medina Simison: Thank you. Council, our next action item is an appeal of denial of mobile sales unit license MSU 20-0038. It's posted under the city clerk, but I have down Lieutenant Harper. I don't know who is going to take it from here. Johnson: Mr. Mayor, I can introduce the topic. We had to -- or we denied an application for mobile sales unit license as you said for Angelo Medina. Mr. Medina is here, as well as his supervisor with TDS. But I thought Lieutenant Harper may want to give you a brief overview on the basis of the denial. Harper: Good evening, Mayor, Members of Council. This denial, as we have spoke about before with these, is based strictly on ordinance. We are required to follow this ordinance in regards to any -- any denials. There is no -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Sorry, Mr. Mayor. I see Council Member Borton waving. I just want to make sure that he's able to hear Lieutenant Harper. I know we have had some issues with that mic there in the middle. I just want to make sure all of Council is able to hear him. Borton: It's just sort of cutting out. Simison: Just go ahead and speak and see if they can hear. Harper: Can you hear me? Page 20 Meridian City Council Item#2. August 4,2020 Page 6 of— Cavener: Just eat the mic, unfortunately. Harper: Okay. I will start over. So, in regards to this mobile sales license denial, there is not a whole lot I can speak on in regards to this due to Mr. Medina's rights. So, all I can say is based on ordinance we have to follow what the rules are in place. There is no wiggle room. In -- in -- in making that decision I strictly have to go off of what's in front of me. So, based off of this ordinance the denial was based on two different sections of the code. I don't know if you want me to go over those or if you have those in front of you. Simison: If you want to go over it that would be great. Harper: The first -- the first portion was in reference to Meridian City Code 3-4-2, Subsection A5-D2, and this has to do with the application that is in front of you being incomplete or invalid and the second section was Meridian City Code 3-4-2, AD-31D and this is in regards to Mr. Medina's -- clerk, how far can I go into this? Johnson: So, the -- Mr. Mayor, Mr. Harper-- or Lieutenant Harper, the denial letter states the relevant part of code, so I think -- Harper: So, I can speak on what's in that letter? Johnson: You speak to what is -- yeah, what is in the letter. Lieutenant: Okay. Sorry about that. Just wanted to make sure that I am not overstepping my bounds. But in regards to -- that section has to do with denying the application based off of prior convictions. And I will stand for any questions. Simison: Thank you, Lieutenant. Perreault: Mr. Mayor? Simison: Mr. Nary, just a reminder for everybody, what is the Council's ability to take action regarding this issue? Nary: So, Mr. Mayor, Members of the Council, under our code basically the applicant does have a right to appeal. So, he does have an opportunity to address you and to address his basis for denial. Lieutenant Harper is correct, because of requirements we have with the FBI and backgrounds and record checks, the access to those records is very limited, so we cannot provide them publicly. But, basically, Lieutenant Harper has to follow, like he said, what the code prohibits a person from having a mobile sales unit license. The Council in past has only overturned it when it was an error and so if there was an error made in the application or in the -- or in the record --for example, the person claims that's not them or that record's been expunged or it's been -- something else has occurred with that conviction, then, the Council can consider that. But other than that there is no other discretion on that license. So, if there -- if it falls into these categories, they certainly have the right to appeal, but the Council doesn't have the ability to simply Page 21 Meridian City Council Item#2. August 4,2020 Page , —— overturn it just because that's what the person would like. So, it has to either be an error or there is some other outcome that isn't reflected in the record as we had in one case previously. Simison: Thank you. Council. Any questions for the lieutenant on this issue? Perreault: Mr. Mayor? Harper: Thank you. Perreault: Mr. Mayor? Simison: Would the applicant like to come forward and speak on this issue? Perreault: Mr. Mayor, can you hear me? Johnson: Mr. Mayor, Council Woman Perreault is address -- addressing you. Simison: Okay. I can't hear anything in here, so -- Council Woman Perreault. Perreault: Okay. Sorry, I -- I don't know if my -- is my microphone working? Simison: They have the volume level down a lot in here, so it's really hard for me to hear. Perreault: Okay. So, I don't know if -- if Lieutenant Harper or Mr. Nary would like to answer this, but just for the sake of new Council Members can you give some background on why five years and 15 years for misdemeanors and felonies -- some history on where --where that came from --where that time came --time frame came from in the city code? Nary: So, Mr. Mayor, Council Member Perreault, I can answer that question. So, we worked with the Police Department -- I can't recall how long ago this was, but probably ten years ago in trying to establish what types of crimes would we have concerns with from a community standpoint in allowing people to either drive mobile units around, such as a food truck or an ice cream truck, or knock on people's doors and what type of prior offenses and how long is a reasonable period of time to address those and misdemeanors tend to be a little bit less, felonies can be a little bit more. Certain levels of felony are forever. So, in working with them and trying to find what would make the most sense, that's where those periods of time came from is we didn't feel it was something that would -- in every circumstance should disqualify someone forever, but for certain crimes they are disqualified forever. We don't necessarily want sex offenders knocking on people's doors or running ice cream trucks. So, there are some that are disqualifying completely and there is some that have some time limits and, again, that was a coordinated effort between my department and the Police Department in coming up with those, so -- Simison: Council, any other questions on this topic? Page 22 Meridian City Council Item#2. August 4,2020 Page 8 of— Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess a question for Lieutenant Harper and maybe it's just a disconnect for me in reading the application and the -- could Lieutenant Harper confirm if -- if the disqualifying matter happened within the time frame to make it disqualifying within our code? Harper: Council Woman Strader, Mayor Simison, so in regards to the first section on the application it asks list all infractions, misdemeanors, or felony arrest charges and dispositions, convictions, acquittals or dismissals, including any probation violations and/or bail forfeitures and that section -- that was not completed accurately for that section. In regards to the second portion of the code, it did fall within the guidelines per that code based off the information I had available to me. Strader: Thank you. Harper: Thank you. Simison: Council, any further questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just so I understand, the single question before the Council on this appeal is that one representation on the application is completely inaccurate or it's not. Because if it's not, the -- the decision is mandatory and it shall be denied. We don't have any discretion in the appeal end. If, however, the appellant can get up in front of us and tell us that that representation is true and complete and accurate and nothing was omitted, then, I guess we can inquire further. But that's -- to help frame and facilitate where we need to go, I think that's the first question for the appellant is is that answer complete or not. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, Council Member Borton, I -- what I thought I heard the lieutenant say was one reason was for incompleteness and the other was for an offense that -- that is -- prohibits you from having it under the -- under our code. So, it's actually two things. Did I mistake that, lieutenant? Harper: No. That's correct. Nary: Okay. Page 23 Meridian City Council Item#2. August 4,2020 Page 9 of— Simison: Council, anything else? Harper: Thank you. Simison: Thank you. Would Mr. Medina like to come forward? Okay. If you could state your name and address for the record. Medina: Angelo Medina and my address 6205 East Nine Iron Lane, Nampa, Idaho. And fogged -- glasses are getting fogged up, so -- sorry about that. Do I go first or your questions? So, to -- to the application, I thought I filled it out right for the -- you know, the questions that I was answering. I put the most important one that was -- that was actually been holding me back for a long time in my life. I thought that was going to be, you know, the main one that was going to pop up. Do I admit to the number two? Yes. It's been -- I think -- I don't know how far your guys' stuff goes back -- what, 13 years? In 13 years I have been doing sales for probably nine of it. Outside sales door to door. I have worked really hard from thereto where I'm at now. I teach my children everyday that just because somebody tells you no, that you get up and you do something different. There is no excuses in this world. So, what I did in my past is in my past. I can't change it. Do I regret it? Yeah, I do. But what I'm here for now is because sales is -- is something that I'm into. This is something that's changed -- that helps me every day. My kids want to grow up to be a salesman. That's -- I mean telecommunication is the future. My -- again, I can't stress how much 13 years ago, even before -- even longer than that -- this -- this charge -- this situation happened when I was 19, 1 believe, years old. Okay. I'm 37 now. I understand there is policies. There is procedures. I think the minimum gap after I got the denial was 15 years. So, I don't know if it's exactly 13 years. So, if I have to wait two more years I'm not going to stop. I'm not going to take this as -- oh, that's just excuse making. I have never relied on any situation in my past, you know, to hold me back. I have always applied, applied, applied, applied. Just because I made a mistake doesn't mean we can't change who we are today. I have met plenty of people -- I went to Utah for eight years and came back; right? Since I have been back I have met a lot of people that are like whoa -- and my family asked me who I am. Because who I was then -- I was a lost kid, to -- to being a man now, growing up, take -- I take care of my children. I could be at home collecting unemployment this whole time, instead I have been working. I never go without a job. I'm not -- like, again, I'm not an excuse maker. I did what was done. I did -- I have done my time. I have changed a hundred percent -- probably 120. I'm a little nervous, so I might ramble a little bit. So, if at anytime you guys want to cut me off I'm okay with that. I'm an open book. If you guys have questions don't be afraid to ask me. I'm going to tell you the truth. Other than that, I mean, guys, I try my hardest every day. It's not even at -- like I don't even think about that anymore. This is the first time in I don't know how many years that I have been nervous, because I felt like I have done something wrong. I don't get nervous when a cop gets behind me. If I get pulled over, hey, man, you are doing a job -- good job. I teach my children about respect for the law, because I know the other side of that. That's what it is today. In today's times you have got to teach your children who you want them to be and my children know that I'm coming here today. They don't know why. They don't know my past. But they know that I'm not going to stop. Just -- I understand it's a technicality or I misprinted out a paper on Page 24 Meridian City Council Item#2. August 4,2020 Page 10 of— the form. It's my first time I ever had to do one of those forms and I did the same thing on my last one. I got through it just fine. I worked for CenturyLink for seven and a half years. Never had a problem. Maybe it's because I was out of state. I don't know. But I always tell the truth even on my form. Any questions? Am I rambling? Cut me off anytime, guys. Simison: Council, any questions. I think as of so right now -- Mr. Borton, did you have a question? Borton: Yeah. Just one. Is it a matter of not only the time frame that you have referenced -- not getting into any details. Were there omissions in what was disclosed in your application as well? Medina: I don't understand -- Simison: Council Borton was asking if there was any -- anything that was omitted on the application. Medina: Like left out? Simison: Yes. Medina: I -- like I -- I only did as far as I know, no. To my knowledge there could have been -- I don't -- I don't really know what we are -- what we are looking for on the background check. Parole violations, probation violations, those go back 13, almost 14 years. I haven't had a ticket in -- and there is no misdemeanors in like -- I mean any tickets or anything like that in the last ten. Other than that I think I think I have -- Borton: Okay. Thank you. Medina: So, I might have left some things out there. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: But I don't have any other questions. Simison: Okay. Council, any other questions? Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe a question for city staff in the case of a denial and when, you know, it's clear like we don't have -- we just have to apply the law, just -- there is not a lot of Page 25 Meridian City Council Item#2. August 4,2020 Page 11 of— discretion. I commend you for turning your life around. I think that's great. But can city staff help guide the applicant later on in an offline conversation as to various items that may have been omitted that were a long time ago for future applications or is that just something that the applicant should have -- Harper: Mayor? Simison: Mr. Harper. Harper: Council Woman Strader, Mayor Simison, I would be more than happy -- which I have in the past working with applicants. So can the clerk's office in regards to any questions. Again, we have -- it's very set in the rules in how we have to follow, so that we are not applying one thing to one person and -- and different for another, so it's fair across the board for everybody, whether everybody agrees it's fair, but moving forward anybody that ever has any questions or needs assistance with the application or understanding the totality of the application, I'm always willing to help. Medina: Appreciate that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: An additional question for either the clerk or Lieutenant Harper. As I read the information that is before us, if-- if what the appellant is saying is accurate and it sounds like it's their belief that they made a clerical error in filling out the application, but even taking in all the information that you were able to obtain from the background check, the information that you were able to attain would confirm that whatever past history existed would preclude that individual from receiving a mobile sales license, even if they had filled it out correctly, because the nature of what was learned from the background check prevents them from receiving a mobile sales license, is that accurate? Harper: Yes. Based strictly off the verbiage in the code. The second section 3-4-2A-3D still prohibits him from possessing it at this time. Medina: And to my understanding this code is ten years old; right? Simison: It is and it's been -- I think this is the second or third time we have heard this type of an issue in the last couple years that I'm aware of at least. Nary: Yes, sir. Simison: And Council has generally held to the same standard -- Nary: Yes. Page 26 Meridian City Council Item#2. August 4,2020 Page 12 of 27 Simison: -- those. Medina: Anything else? Simison: Council, any further questions? Okay. That's it. Medina: Thank you. Appreciate you guys. Simison: Council? Borton: Mr. Mayor? Simison: Mr. Borton. Borton: There very well may be -- when these things come up every couple of years or every -- really it's pretty rare, but to make constructive use of these I would highly encourage Mr. Medina to do a couple of things. I appreciate his candor, but be open and complete in responding to these things and use that as a tool to come to the city and say, hey, I'm a fantastic person who has made great progress and your code as written has unintended consequences and it captures people like me who deserve this chance to -- to pursue their -- their failed interests in a way that's not intended. Don't ever omit things or be incomplete and hope it gets through. That's the wrong approach, a good person or not. I think there is something we can all learn from what we have seen here that there very well may be some circumstances that should invite us to explore this code and maybe craft it in a way that doesn't snag an individual in this situation. Under the clear mandatory prohibition I think the appeal has to be denied, but this and any applicant I think is best served by being totally candid and complete and, then, coming to Council or staff and saying, hey, I have got an idea on how you can adjust your code to allow me to proceed forward. I think that's the only way to constructively go forward. It doesn't provide any relief in this case, but what I would encourage him to do going forward. Simison: Thank you, Mr. Borton. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I guess in terms of-- we do need to take some action on this if I'm -- Simison: Yes. Cavener: -- correct? So, Mr. Mayor, I appreciate Mr. Medina being here tonight and I think your kids should be real proud of you, somebody who works hard, continue to grow and find success. Council finds themselves in a very precarious situation on this and that it's ourjob to uphold and follow the law, so that being said, I move that we deny the appeal of denial of mobile sales unit MSU-20-0038. Page 27 Meridian City Council Item#2. August 4,2020 Page 13 of— Bernt: Second. Strader: Second. Simison: I have a motion and a second to deny the appeal. Is there any discussion on the motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I see there is someone in the audience that's raising their hand. I know we -- I don't know if the process allows for other public testimony on this, I just -- Nary: It's up to you. I mean there is nothing in the code that prohibits additional testimony, but I don't know what -- again, it's your -- it's your call, Mayor. Simison: Yeah. I have a good sense -- especially since the motion has already been made, but I don't know that there is any -- since there is not discretion on this issue I don't know that public testimony is going to change any of the outcome from that standpoint, so we will -- we will move forward with discussion under the motion. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. It's -- it's one of those things that we are bound to uphold city code. As Councilman Borton pointed out, you know, if -- if there is changes needed we want to work with people and -- and be fair, but what we have is what we have and I appreciate Mr. Medina turning his life around and moving forward and being successful and being a good example for his kids, but we are at that situation where, you know, no other testimony or anything like that is going to change what we have to do in our position for this -- for this -- for this appeal. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would just add, you know, Mr. Medina, it sounds like if part of the application was confusing or there was an aspect of what it was requiring that wasn't clear -- it sounded like city staff was willing to walk you through that and I would highly encourage you to go through that process, you know, so that when -- when you are eligible you can come to us or use the method Mr. Borton outlined to suggest changes in the future. But I also commend you for making changes and I wish you the best of luck, but we -- yeah, we just have to apply the law all the way it's written. Page 28 Meridian City Council Item#2. August 4,2020 Page ——— Simison: If there is no further comments or questions, I will -- under discussion on the motion, I ask the Clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. And appeal of the motion to deny is denied through upholding the appeal with the ayes. Sorry, it's awkward enough from that standpoint. All right. Thank you, Mr. Medina, for being here. MOTION CARRIED: ALLAYES. 3. Public Hearing for Villas at Twelve Oaks East (H-2020-0014) by Jim Jewett, Located at 115 S. Linder Rd. A. Request: Annexation of 6.63 acres of land with a TN-R zoning district. B. Request: Modification to the Existing Development Agreement (Inst. #2016-095715) to include the subject property and proposed development plan in the agreement and removal of the provision requiring an 8 -foot tall concrete fence to be constructed. Simison: Item No. 3 is a public hearing for the Villas At Twelve Oaks, which is H-2020- 0014. 1 will open this public hearing with staff comment and turn this over to Sonya. Allen: Give me just a moment, Mr. Mayor. All righty. Mr. Mayor, Members of the Council, this application, development agreement modification and annexation and zoning, was continued from the July 17th Council hearing. I will just run over the basics real quick. This -- this site consists of 6.63 acres of land. It's zoned R-1 in the county and it's located at 115 South Linder Road on the west side of Linder just south of West Franklin Road. Comp plan designation is commercial and they are modifying the existing development agreement for the multi-family development to the west to incorporate this property as a subsequent phase of that development, rather than require a new separate agreement for this later phase. The commercial future land use map designation does allow multi- family development in the C-G district and I will -- just to recap, the Council asked the applicant to consider commercial uses on a portion of this property and to come back tonight to discuss that. So, I will defer to the applicant, unless you have any questions for me. I did want to --just to reiterate, Mr. Mayor, they did want to annex 6.63 acres with TN-R zoning for the development of eight multi-family structures containing a total of 64 apartment units at a gross density of 13.9 units per acre, which is consistent with that allowed on the commercial future land use designation and multi-family developments are a principal permitted use in the TN-R district. So, jog your memory on that. Nary: Mr. Mayor? Page 29 Meridian City Council Item#2. August 4,2020 Page —of— Simison: Mr. Nary. Nary: It said one more thing to that from a decision point, part of the conversation, if you recall, was the commercial on that piece was not contemplated either at Planning and Zoning or in the application or in the public noticing. So, part of the consideration the Council was going to consider tonight if Mr. Jewett has commercial application to want to do that, to remand it back to the Planning and Zoning Commission, so that staff can review for compliance with code, as well as public notice that a commercial application is being sought on that particular location. Simison: Council, any questions for staff at this time? Would the applicant like to come forward? If you could state your name and address for the record, please. Jewett: Either one work? Simison: I would go on that side. Jewett: Mayor and Council, Jim Jewett, 776 East Riverside Drive, Suite 204, in Eagle Idaho., As you recall, there was a lot of questions at our previous hearing about commercial that I couldn't necessarily answer and I asked that I be allowed to go get those answers. So, what I have done is consulted with Jeffrey Hall, who is a commercial broker in town, and I would like to defer my time to him, so he can address those commercial questions, then, I can be available after that for any questions or follow up. Simison: Mr. Hall, if you would like to come forward. And if you would state your name and address for the record, please. Hall: Jeffrey Hall. 4299 East Goldstone in Meridian. Mr. Mayor, Council Members, it is so good to see you in person. It has been so long. So, it's great we are able to get together. My comments I want to be -- are very direct and to the point. Please note that none of my companies or myself have any affiliation with this property whatsoever with the subject property, but we did, as you will -- I will talk about here in a minute, develop the adjoining properties. So, that's where -- we have a lot of history since 2002 in regards to this property and the intents of it. So, I'm the current managing member of Northwest Commercial Advisors based in Meridian and my experience is in land development, commercial leasing and sales. I'm also on the leadership team of the Chamber of Commerce where my number one goal is to support economic growth in our business community of Meridian. Obviously, when the question came up about commercial that raised my awareness. I love commercial. I'm all about promoting business in Meridian. In this case I was involved in the original Harks Corner retail project, which was built in '02 and the subsequent Franklin retail project, which was in '04. We have sold each portion of that project throughout the years and we finalized our last sale in 2019. So, we no longer have any ownership in the entire stretch of property or along Franklin. The area traffic counts and the commercial demand around these projects was weak and we had several tenants that turned over and we are also collecting below market rates from these tenants, unfortunately. It was a tough go for commercial in that corner. I can't deny that Page 30 Meridian City Council Item#2. August 4,2020 Page 16 of— and I think a lot of people, besides those of us that entertain ourselves at the Firehouse, know that. So, the Firehouse is the one that has remained consistent for some reason. It did go through four owners, though, I will tell you that. As the area continues to grow several properties are still available, including the adjoining Twelve Oaks commercial pads, which have Franklin frontage, but have not been appealing to any users. They have had no activity that I can see on them at all since the time they were listed. The synergy of the sub market has absolutely moved to the Ten Mile area between 1-84 and Franklin where BD and Brighton are currently offering 127 acres of office, retail, medical, hospitality and multi-family. In the near future we are also going to see demand moving towards the Waltman area off the Meridian Road interchange with a very large project there as well. The area surrounding the intersection of Frank and Linder has no demand for more retail or office. Currently the area consists of aged retail, industrial, the school bus barn, trash transfer station and aged office space. There is absolutely no demand for commercial in this area, especially since it doesn't have any Franklin frontage at all. The parcel you are talking about that's the subject parcel here is behind the development, behind a big old concrete fence and along Linder where it's predominantly residential. The highest and best use for this property, again, is multi-family in my eyes. Finally one last detail. When we developed the commercial properties at Franklin and Linder we were required to construct this massive concrete wall, which we all see there today. There is no cross-access agreement in place from the Jackson's property or the carwash property to the subject property and Jackson's has related to me as early as this last week that they are not supportive of any type of cross-access into that project at all. With that said, having the concrete wall there seals the deal and the use of the subject property is best suited for multi-family and I stand for any questions. Simison: Thank you. Council, any questions? Bernt: Mr. Hall or -- Mr. Mayor? Simison: Councilman Bernt. Bernt: Jeffery, how are you? Hall: Good, sir. Bernt: What do you think the highest and best use of this property will be in, you know, five years or later when the Linder overpass will be built and completed? What do you think in your perspective? Hall: Well, if we -- again, I know that's a priority for the city is to get Linder overpass done. If that happens, again, it -- that whole area from the Linder overpass up to Franklin, of course, is all residential. So, the corners have that traditional commercial on the corners, but everything behind it is prominently residential. As a matter of fact, there was a nursery back there at one time, a landscape nursery. That's gone. So, you know, I can see, unfortunately, that that won't change. I don't think that's going to change. I think our Ten Mile and our Meridian Road is key right now for commercial, especially on the retail side. Page 31 Meridian City Council Item#2. August 4,2020 Page " —— You know, you may see some light office users that may go back there eventually, but right now there is -- there is no reason to at this point and, you know, unfortunately, we know how things go with funding and priorities. We can only hope that Linder happens. We really need that. And that will actually, of course, help the traffic counts, because right now the traffic counts are light there. Just over 11,000 cars a day. I mean when I put in Harks Corner you guys I was right there at about the same traffic counts. I'm not seeing anymore and that's crazy and once we put Linder in we are going to see those traffic counts at that intersection increase and thank goodness, because that may help the retail. Thanks. Simison: Council, any additional questions for the applicant? Mr. Jewett, would you have any additional comments before we turn this over to anybody who may wish to testify on this item from the public? Jewett: Yes, Mr. Mayor and Council, Jim Jewett again. I think we have done a quality project in our initial phases at Twelve Oaks. We have provided good open space and a half court basketball court, large grassy open spaces, tot lot, and the pool with a clubhouse and we did all that with the idea of expanding into this property and I think that we -- that we have done a quality project and we will continue to do that and we would wish that you would be behind us in that and -- and grant us our approval. The -- I have contracted to tear the house down. I know that was an issue, so I did subsequent to our last meeting go ahead and release my contractor to go ahead and get that tore down. I'm sure it will be down by sometime in September. That corner -- again, as discussed, I'm okay with putting a retail or commercial pad on that corner, because of its frontage on Linder and I'm sure that can -- if something as Mr. Nary spoke of last--that can be handled at a later date. We just leave it as open space for now, because we have no intentions -- there is nothing that we want to do on it today and like Jeffrey testified on, we have four lots within our original Twelve Oaks commercial and one in our Twelve apartment phase. So, we have five retail pads now that are still sitting empty. So, I don't see that there is a financial need now, nor in the foreseeable future, and, unfortunately, it's hard for me to forecast out five years or farther in this ever changing world. So, I would hope that you can appreciate and see my vision with this and can support me in it and I would ask for your approval and I would stand for any questions. Simison: Thank you. And I don't know if this came up last time, Sonya, or this would be for the applicant, what turning movements would be allowed on access to Linder Road at this location likely from ACHD, if any? Right-in, right-out only, due to proximity to the corner? Allen: Mr. Mayor, Council, I -- honestly I'm not sure. I am not sure if it would be full at this time or not. Jewett: Mr. Mayor, I can answer. Simison: Mr. Jewett. Page 32 Meridian City Council Item#2. August 4,2020 Page 18 of— Jewett: At this point in time it will be a full access. With the widening it would go to right- in, right-out only. So, for the foreseeable future it will be full. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess a question for the applicant and just to I guess fully understand, so if the application is being revised to remove the existing home, what -- what will be there in its place? Will that be open space or -- what is the intention at this point? Jewett: Mr. Mayor, Council, our intention was just to leave it for open space. We would just simply remove the building and leave it open space, with the potential that if we did come back and want to put a retail or professional building there we would have to come back through the modification of the DA and go through another set of hearings to do that. So, our -- our intention now will just be to leave it as open space. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Mr. Hall, I apologize if I missed this. What -- what's the size of that -- what's the size of the property that's in that section that the house is on? Allen: There is almost seven acres of land. Perreault: No. I understand that. Just -- just the area where the house is -- is currently sitting. Allen: Sorry, that's -- Perreault: That would be -- what would be the pad -- how big would the pad site be? Jewett: Mayor, Council, I can only approximate it, but I would think that I could put -- I'm just looking back to my other commercial area. Sorry. So, this lot here is a 3,500 square foot pad and it looks to be equal. So, I would say somewhere in the 3,000 to 3,500 square foot pad. Perreault: Okay. Strader: Mr. Mayor, quick follow up. Simison: Council Woman Strader. Page 33 Meridian City Council Item#2. August 4,2020 Page ——— Strader: Maybe a question for staff, but just to confirm if that commercial pad was designated as a future commercial site that -- that -- it sounds like the applicant would still be meeting the open space requirements that we currently have, just to confirm that. Allen: Mr. Mayor, Council, I don't believe that area was included as any of the open space. He actually has -- well, actually, we didn't require open space calcs with this, because he wasn't getting detailed approval of the use at this time. The multi-family use is principally permitted in the TN-R district, so they didn't have to go through a conditional use permit. So, we would evaluate that at the time he comes in for CZC and certificate of zoning compliance and designer review. But they would have to meet the minimum standards. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: And for the purpose of the modification of development agreement, I guess if he wanted -- if Mr. Jewett could clarify when you say open space, we are talking about usable open space. Some level of recreational space, even if it's just grass. Jewett: Yes. Mr. Mayor, Attorney Nary, yes. So, it would be -- under the code you can have just green open space if it was a minimum of 50 by 100, 1 believe, and so we would meet that minimum qualification so it would be usable space. Nary: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a follow up, just -- it seems like it would be silly for Council to approve a project that didn't meet what our normal standard of open space would be. I guess from staff's perspective conceptually does this look like it would or are there any major flaws that we don't think it would meet the open space? It would just -- from my perspective that would be better to know now than way down the line in a different process. Jewett: Mr. Mayor, if I could answer that question. Simison: Sure. Jewett: Yes, we did -- Sonya did request of us an overall combination of the existing Twelve Oaks and the new Twelve Oaks and we gave our new open space calculations. So, it's in the file. Unfortunately, I don't have it here, but she would have it if she digs and we do have an open space calculation that we exceeded the open space calculations by a considerable amount. Page 34 Meridian City Council Item#2. August 4,2020 Page 20—— Allen: Yes, Mr. Mayor, Council, that was quite a while ago and I forgot about that. Thank you. I did harass you to submit that. Jewett: She harasses a lot. Allen: Yes. I just wanted to -- even though we weren't doing a detailed review at this time, I wanted to ensure that we were going to be okay on meeting those standards and, regardless, they have to meet the standards. So, if -- if they didn't have enough they would have to remove a building. So, staff isn't concerned about that. But, yes, they jogged my memory. They did meet the overall standards and exceeded it. Simison: Council, any further questions for the applicant? Okay. Thank you, Mr. Jewett. Jewett: Thank you. Simison: This is a public hearing. I would open up for any public testimony at this time. Mr. Clerk, do we have any of that have signed up to testify on this item? Johnson: Mr. Mayor, there was no online and in person was only Mr. Hall. Simison: Okay. Well, did that -- Mr. Hall, do you have any additional public testimony? Would the applicant like to make any final comments from where he just left 30 seconds ago? Okay. Then, Council, I will turn this over to you for discussion. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Jogging my memory, wasn't there some questions or concerns last time in regard to water pressure or like something to do with water? And, if so, were those concerns -- did we -- is there an agreement that those concerns were taken care of? Jewett: Mayor and Council, the question had to do with sewer capacity at the lift station. Bernt: Okay. Jewett: And, yes, we were okay with the comments from Public Works and we will go through their study process to ensure that there is adequate capacity or would do any upgrades to ensure that there is capacity. We are okay with the language as written. Bernt: Mr. Mayor, is that -- that's correct -- Perreault: Mr. Mayor? Simison: Councilman Bernt. Page 35 Meridian City Council Item#2. August 4,2020 Page 21 of— Bernt: We don't have to add that to approve the motion. Simison: I do not believe so, but I will -- we do have Mr. Dolsby on -- on Zoom if you would like to weigh in on that comment. Dolsby: Mr. Mayor, Members of the Council, Council Member Bernt, there was a modification to -- I think it was Condition B-1-2, which requires the sewer -- originally we were requiring the sewer to go a different direction, so as the condition now reads the applicant shall be responsible to determine whether adequate capacity exists in the receiving sewer system, including two lift stations to accept the additional flow from this development. Then it says if upgrades are necessary the applicant shall be responsible for all costs associated with said upgrades and we have reviewed that and are -- are in favor of that condition as it stands right now. Simison: So, you are correct, Councilman Bernt. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I don't know if this is a question for staff or for the applicant. I think what I'm still a little fuzzy on, this being a DA modification, is does that -- does that area that is -- where the current home is, does that need to be specifically classified? Its use needs to be specifically classified at this point? Do we need to -- or is it just whatever-- when they come in with a CUP is it whatever use is possible within the TN-R? Allen: Mr. Mayor, the applicant just testified that he is -- does have that house scheduled to be removed, so he is planning to remove that. Even if he didn't, they would have to come in to get a change of use in that and, you know, you can --you can place a provision in the development agreement if you would like for him to remove the house, so there is no issue in the future about it, if you would like a safeguard on that. Bernt: Yes, please. Perreault: Mr. Mayor, a follow up? Simison: Council Woman Perreault. Perreault: I realize that -- that the applicant is not making a decision about what's going to go in its place at this point, but if I may make a recommendation, if there is enough physical space to consider some sort of childcare or daycare facility, there is -- there is so many apartments coming in that area and there is a significant need for that in that location and I'm not necessarily meaning for the apartment dwellers, but I mean just somebody that would come in and purchase that property for that use. I can see that being a really great option for that neighborhood being near the schools, so -- I realize that you can't get somebody in that doesn't want to do that, but -- Page 36 Meridian City Council Item#2. August 4,2020 Page 22 of 27 Simison: Council, any further questions or discussion on this item or do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Let's get things going. I move that we close the public hearing on Item 3, H- 2020-0014, Villas At Twelve Oaks East. Perreault: 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: ALL AYES. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just some comments to consider. Appreciate Mr. Hall being here tonight and shedding some light about the feasibility of commercial. I really respect his opinion and if he feels commercial isn't -- isn't viable in that area, I tend to support that. I don't know if I necessarily, then, go to -- that we need to just stack it with more multi-family. So, I voiced my concerns about that at the last public hearing. To me commercial seemed to be an appropriate transition to give a little bit of everything in that area. If the commercial is not going to work, then, of course, it's not going to work, but I don't, then, move to being supportive of leaving that all multi-family. So, I'm not in support of the DA. I appreciate what's trying to be accomplished, it just doesn't rise to the threshold of me being able to support it. Appreciate you being here tonight, though, Mr. Jewett. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm a little on the fence. I appreciate the overture to leave a piece of the frontage, you know, as a potential future commercial pad off Linder. That might sway me. I -- I do feel that--that the city is going to move towards a Linder overpass and, you know, I totally understand Mr. Hall's commentary, I just don't know if we make long-term decisions based on the economic viability of the use at one point in time is part of my struggle and we are really underweight-- commercial buildings not working right now. The schools in this area are not particularly hard hit yet, although I suspect that's coming. I -- I'm still formulating my thoughts. I'm not -- I'm not there yet either. I have some concerns still. I would like to listen to everybody else's opinion. Page 37 Meridian City Council Item#2. August 4,2020 Page 23 of— Simison: My two cents from -- for whatever it's worth is I agree, I think that there will eventually be a need for light office uses. I understand that commercial is not maybe the -- what is right for this area, but daycare, dentist, other things that will support the residential area and I -- I don't want to look at Google to see what's around there right now, but I don't know that there is a lot of those types of services on that part at least, but from memory -- I don't drive down that area that frequently and, unfortunately, I have never been to the Firehouse, so that's something I'm going to have to evidently change at some point in time. But I struggle -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I'm sorry. Did I interrupt you? Were you finished? Simison: You're good. Perreault: Okay. So, I drive by that area daily, sometimes multiple times a day, and the -- the little retail center that's there to the -- to the east -- on the southeast corner, it has had users in and out and in and out since I have lived in this area pretty frequently. I know they have struggled to keep businesses in there and I think it's probably a traffic thing and now that Linder is widening to Cherry Lane, I anticipate that you may have more people taking Linder, even without the overpass, because trying to get --when you would go past the school and, then, you would bottleneck at the railroad stop, I never took that stretch of Linder, because it was always just kind of a pain to get from Franklin to Cherry, because it was too small, too narrow, you have got the school -- you have got the school, the traffic zone. With Linder widening there with improvements along where the railroad track is going to be, I'm wondering if people aren't going to start using Linder to come from north to south more frequently, especially getting on the two interchanges, Meridian Road and Ten Mile Road, and I wonder if that isn't actually going to improve some of the -- of the, you know, retail uses or some of the neighborhood uses there. I don't know, just speculation, but I wouldn't be surprised, actually, if people start using that stretch of Linder from Cherry to Franklin a lot more frequently once they are finished and that being said, I'm not necessarily saying that I'm in favor of -- of, you know, denying this and having all of those six acres or seven acres stay open for commercial uses. Just like Council Woman Strader, I'm still a little bit on the fence on that. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I have a lot of respect for Mr. Hall and his expertise in what he does. I might agree and say that, you know, maybe right now not a lot of use for maybe retail in that location, but like what's said from other Council Members, I do believe that there is potential use for other forms of office space and -- and such. As a Council, you know, it's important that we look at the zoning designations for different areas and I believe that they are for Page 38 Meridian City Council Item#2. August 4,2020 Page 24 of 27 -- they are there for a reason and, you know, there is also times when, you know, we make decisions not based upon what -- what the status quo is, but what that looks like, you know, two, five, ten, 15 years down the line and I do believe in the future, especially with Linder being what is projected to be that the best use in my opinion for this area would be commercial. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I don't have a good sense about where Council wants to go on this, so I'm going to take a stab at this and we will see. Mr. Mayor, I move that we deny Item 3, Villas at Twelve Oaks, H-2020-0014, as presented. Bernt: Second. Simison: I have a motion and a second. Is there any discussion on the motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Just some clarification, because this is an annexation application. Does that -- does that -- would a denial prohibit the applicant from coming back for a year? Nary: Mr. Mayor, Members of the Council, so under our code, yes, essentially, with the same application. It would be the director's determination on whether or not it's allowed, so -- it depends on what it looks like. Bernt: Mr. Mayor. Unless a substantial change. Nary: Correct. Simison: Any other questions or discussion on the motion? If not, I will ask the Clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion to deny passes. Thank you. MOTION CARRIED: ALLAYES. Item 8: ORDINANCES [ Action Item] Page 39 Meridian City Council Item#2. August 4,2020 Page 25 of 27 4. An Ordinance (H-2019-0123 — Sky Mesa Highlands) for Annexation of a Portion of the Southeast Quarter of the Southeast Quarter of Section 32 Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment " A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 31.96 Acres of Land from RUT To R-4 (Medium Low Density Residential) Zoning District in the Meridian City Code; Providing That Copies of this Ordinance Shall Be Filed With the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required By Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. Simison: Council, moving on to Item 4 on the agenda, Ordinance H-2019-0123. I will ask this -- ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This ordinance will actually have a different number. We did not assign that leading into the meeting, but it will be a 2020 ordinance. It's related to H-209-0123, Sky Mesa Highlands, for annexation of a portion of the Southeast Quarter of the Southeast Quarter of Section 32, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in Attachment "A" and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 31.96 acres of land from RUT to R-4 (Medium Low Density Residential) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. You have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Seeing none, do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for Mr. -- Mr. Clerk. Chris, I thought I -- you stated something about a -- a different ordinance number, but, then, you read the one that was on our agenda, so I just wanted to make sure that I'm tracking correctly. Johnson: Yes. The ordinance is related to this hearing application from 2019. Normally we have the ordinance number in place. We are not required by code to assign it one Page 40 Meridian City Council Item#2. August 4,2020 Page——— until it passes and we -- in the changeover in the system we neglected to notice we had not yet assigned it a number, but it can be passed as the ordinance by title and, then, we will assign that number. Cavener: Great. Mr. Mayor? Simison: Councilman Cavener. Cavener: I move that we approve, then, Ordinance H-2019-0123, Sky Mesa Highland, with suspension of rules. Bernt: Second. Perreault: Second. Simison: I have a motion and a second to approve the ordinance under suspension of the rules. 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: ALLAYES. Item 9: FUTURE MEETING TOPICS Simison: Is there any item under future meeting topics? Bernt: Mr. Mayor? Perreault: Mr. Mayor? Simison: Councilman Bernt. Bernt: I -- I would like to maybe possibly have a discussion in regard to just taking a look at what our ordinance looks like in regard to mobile sales licenses. I -- leave it at that. Simison: Duly noted. Did I have another person who had a -- Council Woman Perreault? Perreault: Mr. Mayor, yes. So, I don't want to discuss what Council Member just presented, but if Council decides that's a meeting topic they would like to -- to discuss, wouldn't -- I don't know what code says about how the mobile sales units differ from the, you know, brick and mortar requirements in that regard, so that would be something that would be great and educational for us new Council Members. And, then, I wanted to bring up a future meeting topic and I would like to hear my fellow Council Members thoughts on this. We had four applications for residential developments along Black Cat in the last two weeks and we have more applications coming and so I would like an opportunity for all of us to look at the big picture of how many units have been approved broken down by type of -- of units in that northwest Meridian area, since we are considering that one of Page 41 Meridian City Council Item#2. August 4,2020 Page— —— our priority areas and just take a look atACHD's five year plan for Black Cat and possibly McDermott and, then, also what -- what, if any, limited information we have regarding enrollment -- school enrollment. Just a big -- bigger picture view of what's happening in that square mile, mile and a half, so that the next time these applications come before us we have a good idea of what's going on in the entire area. So, I understand from the Planning Department that they do have information available and easily ready to share with us, so it's not something that should take a lot of preparation. Simison: Duly noted. Perreault: Thank you. Simison: Any other items under this item If not, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Cavener: Second. Simison: I have a motion and a second to adjourn the meeting. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 8 / 18 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 42 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: CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: August 4, 2020 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic 6 Item#1. C N M- 1E F,IDIAN:, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Dale Bolthouse, Public Works Meeting Date: August 4, 2020 Presenter: Rachelle Klein, Republic Services Estimated Time: 15 Topic: Republic Services COVID-19 Operations Update Recommended Council Action: N/A Background: Republic Services, the City's franchisee for solid waste services,would like to update the Council on their Operational Readiness Plans as it relates to Covid-19. City staff and Republic have in place a plan in the event that Covid-19 disrupts their ability to provide the full suite of solid waste services. This includes a hierarchy of service suspensions if needed. Although no services have been disrupted to date,the recent surge in Covid-19 cases in our community has increased the risk that Republic may need to consider temporary service interruptions. Page 3 WI IDIAN --- IDAHO City Clerk: Appeal of Denial of Mobile Sales Unit License (MSU-20-0038) by Angleo Medina i Item#2. E IDIAN -- City Clerk's Office D A H O MOBILE SALES UNIT LICENSE Application APPLICANT INFORMATION f ' IfIJ► � Applicant Name: ,�d W(d 1 AV, Phone: Applicant Address: [0 yN nC Tr 4n_n lac C _� q � 1 A Driver's License number: (p119 1333 State: Employer: 7 DS *c_ttc,&ry, Phone: Employer E-mail Address: c .Zc w11%'C 1c c, ,? tD(:t t L,c cc,m,C 6 m Employer Mailing Address: CH&S �.,,, :V,,,,�� c�d �} c t�i f- zo Z Rc o s a Ick Employer Physical Address: ` q 4S W Fnalun le cy SLID ti 2 C1a 3n;cr lei Tax Identification Number: c)o(4L19 Sa 4 Agent for service of process in Idaho (person responsible for receiving legal documentation on behalf of Applicant)."- , ,N t tj List all infraction, misdemeanor or felony arrests/charges and dispositions (conviction, acquittal, or dismissal), including any probation violations and/or bail forfeitures: DESCRIPTION OF OPERATIONS Mobile Sales Unit will operate and/or travel within a park:Dyes[::�o Dates,hours, and locations of operation: rv)-jc�,-t- o_y-., _ -1 p Yy, Goods and services to be sold,traded, given away, offered, displayed, and/or delivered: 1. \e ccanr, ce.v-y c is T\► Lr,�ev r e hny1 -c Form(s)of conveyance or transport to be used in operation,traveling, and/or sales: ` KX-j'r-re,Doa, Y - Complete for any and all motor vehicles (attach additional pages if necessary): License plate Make Model Color state and number e. 'V 6-11-1- DC Q Y13- I C& Meridian City Clerk's Office—33 E.Broadway Ave.—Meridian,Idaho 83642 Phone:208-888-4433—email:cityclerka,meridiancity.org—website:www.meridiancity.org (Revised 1/1/19) page 4 r JUL RECEIVED IT F F W j- CITY CLERKSOFFICE David Zemlicka TDS Telecom Direct Sales Supervisor 9465 W Emerald Ste. 202 Boise, ID 83714 208-609-4021 Dave.ZemIicka@tdstelecom.com July 13, 2020 Chris Johnson Meridian City Clerk 33 E. Broadway Ave. Meridian, ID 83642 Dear Mr. Johnson, This letter is meant as a formal appeal to the City's decision to deny Mobile Sales Unit License Application No. MSU-20-0038 for Angelo Medina. I am the Direct Sales Supervisor for TDS Telecom in the Boise/Meridian area and would like the opportunity to address any concerns the City Council may have regarding Angelo Medina. My company conducts very thorough background checks on all our employees prior to employment and Angelo was no exception. I have personally gotten to know him quite well and can vouch for his honesty, morality, commitment to family, and integrity to live his life as an exemplary citizen. I am confident that after the City Council hears Angelo's testimony this denial may be overturned. Should you have any questions regarding this appeal, please feel free to contact me. Thank you for your time and consideration. Sincer y a4 Imlicka Davi Page 5 l f RECEIVID fr f CITE°OF C>0"Qn— WTY CLERKS FFI Angelo Medina 6225 E. Nine Iron Ln. #102 Nampa; ID 83687 208-606-4044 Angelo.Medina@tdstelecom.com July 13, 2020 Chris Johnson Meridian City Clerk 33 E. Broadway Ave. Meridian, ID 83642 Dear Mr. Johnson, I am writing to appeal the denial for Mobile Sales Unit License Application No. MSU-20- 0038. 1 respectfully ask to be scheduled for a public hearing on the appeal at an upcoming City Council meeting. There is much more to my background that I do riot believe the Meridian Police Department considered when they made their recommendation of denial. I would like the opportunity to address the City Council with more information on my history, answer any questions on my character, and give them a clear understanding of the person I am today. I greatly appreciate you taking the time to read this and am hopeful that you may grant my request. Respectfully, Angelo Medina Page 6 Item#2. Mayor Robert E. Simison City Council Members: E I D I A N Treg Bernt Brad Hoaglun Joe Borton Jessica Perreauit Luke Cavener Liz Strader June 30, 2020 Angelo Medina 6225 E. Nine Iron Lane Apt 102 Nampa ID 83687 RE: Mobile Sales Unit License Application No. MSU-20-0038 Dear Mr, Medina, This letter is to inform you that the above-referenced application for a City of Meridian Mobile Sales Unit License is hereby denied,pursuant to these provisions of Meridian City Code: 1. Meridian City Code section 3-4-2(A)(5)(d)(2), which reads, in relevant part: "The City Clerk shall deny an application for a Mobile Sales Unit License where: Investigation of such application or applications materials reveals that the provided information is invalid, false, or incomplete."; and 2. Meridian City Code section 3-4-2(A)(d)(3)(D), which reads, in relevant part: "The City Cleric shall deny an application for a Mobile Sales Unit License where: The applicant has been convicted of: Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application,or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application." This decision is made on the basis of the recommendation of the Meridian Police Department. You may appeal this decision by delivering a written appeal stating the reasons for such appeal to the Meridian City Clerk's Office, via U.S. Mail or in person, by 5:00 p.m. on Tuesday July 14, 2020. Upon receipt of such appeal, my office will schedule a public hearing on the appeal at a City Council meeting within thirty(30)days. Sincerely, Chris Johnson Meridian City Clerk Cc: TDS Telecom,Attn: David Zetnlecka 9465 W. Emerald St. Suite 202,Boise,ID 83,41k Meridian City Clerk's Office—33 E.Broadway Ave. Meridian,Idaho 83642 Phone: 208-888-4433--email:citvcierk a meridiancitv.ora Page 7 3-4-2: MOBILE SALES UNITS: Item#2. A. License And/Or Permit Requirements:It shall be unlaw rson to operate,allow the operation of,or act as a mobile sales unit without each and all of the following licenses,permits,and/or certifications: 1. Any and all licenses,permits,and/or certifications required by local,State or Federal law. 2. Any and all licenses,permits,and/or certifications required by the Central District Health Department. 3. Any and all applicable licenses,permits,inspections,and/or certifications from the Idaho Tax Commission. 4. Any and all licenses,permits,inspections,and/or certifications required by title 13 of this Code and/or the policies of the Meridian Parks and Recreation Department. 5. A City of Meridian mobile sales unit license. a. Application for a City of Meridian mobile sales unit license shall be made to the City Clerk,and shall include the following: (1) A completed application form provided by the City Clerk,which form shall include: (A) Applicant's name,physical address,mailing address,driver's license number,and social security number. (B) A description of the goods and/or services to be sold,traded,given away,offered,displayed,and/or delivered under the mobile sales unit license. (C) A description of the form of conveyance or transport to be used in the mobile sales unit's operation,traveling,and/or conduct of sales,trades,giveaways,offers,displays,and/or deliveries. (D) A description of any and all motor vehicles to be used by the mobile sales unit,including license plate state and number, make,model,color,and other means of identification of such vehicle(s). (E) A description of the hours,locations,and means at and by which the mobile sales unit will operate,travel,and/or conduct sales,trades,giveaways,offers,displays,and/or deliveries. (F) A comprehensive listing of any infraction,misdemeanor and/or felony convictions;probation violations;or forfeitures of bail by or of the applicant. (G) An agent upon whom service of process may be made in the state of Idaho. (2) Application fee as set forth in the fee schedule of the city clerk's office,except that no application fee shall apply where applicant is or represents: (A) A nonprofit organization exempt from federal income tax under 26 USC section 501(c);or (B) A governmental entity. (3) Two(2)photographs of the applicant. Such photographs shall be two inches by two inches(2"x 2")and shall show the head and shoulders of the applicant in a clear and distinguishable manner. (4) A photocopy of applicant's driver's license or other government issued identification document. (5) Fingerprints,taken by the Idaho state police,of the applicant. (6) Proof of motor vehicle insurance,if the applicant seeks to operate a motor vehicle while operating or acting as a mobile sales unit. (7) Proof of an insurance policy,issued by an insurance company licensed to do business in Idaho,protecting the applicant from all claims for damages to property and bodily injury,including death,which may arise from operations under or in connection with the mobile sales unit license. Such insurance shall name the city as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty(30)days'advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand dollars($500,000.00)per person bodily injury,five hundred thousand dollars($500,000.00)per occurrence bodily injury,and one hundred thousand dollars($100,000.00)per occurrence property damage. b. Upon receipt of all application materials required by this subsection,the city clerk shall refer the application to the chief of police,who shall cause an investigation to determine the validity and completeness of the information therein.The chief of police or his designee shall endorse upon the application the findings of the investigation and return it to the city clerk.(Ord. 10-1453,8-17-2010) c. Upon receipt of the findings of the chief of police or his designee,but no later than thirty(30)calendar days from the date of submission of the completed application and all application materials required by this subsection,the city clerk shall either issue a city of Meridian mobile sales unit license to the applicant or deny the application.Where the city clerk denies an application for a city of Meridian mobile sales unit license,he shall notify the applicant of such denial in writing,which shall include notice of the right to appeal such decision as set forth in this subsection.Written notice of the denial shall be sent via U.S.mail to the applicant at the address set forth on the application. d. The city clerk shall deny an application for a mobile sales unit license where: (1) The application is incomplete or required application materials or fees have not been submitted within thirty(30)days from receipt of a partial application;(Ord. 14-1610,5-21-2014) Page 8 (2) Investigation of such application or application in item#2. is that provided information is invalid,false,or incomplete; (3) The applicant has been convicted o£ (A) A violation of any provision of this section within the five(5)years preceding the date of submission of the application. (B) Reckless driving,eluding a police officer,racing,and/or failure to carry insurance within the five(5)years preceding the date of submission of the application,except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a mobile sales unit. (C) A misdemeanor charge of driving under the influence of alcohol or drugs within the five(5)years preceding the date of submission of the application,or a felony charge of driving under the influence of alcohol or drugs within the ten(10)years preceding the date of submission of the application,except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a mobile sales unit. (D) Any misdemeanor charge involving theft or fraud within the five(5)years preceding the date of submission of the application,or any felony charge of theft or fraud within the fifteen(15)years preceding the date of submission of the application. (E) A misdemeanor charge of battery,assault,domestic battery or assault,telephone harassment,stalking,or violation of a protective order within the five(5)years preceding the date of submission of the application,or a felony charge of battery,assault, domestic battery or assault,telephone harassment,stalking,or violation of a protective order within the ten(10)years preceding the date of submission of the application. (F) Any crime involving,or related to,firearms or other weapons. (G) Any crime involving,or related to,a child or children,elderly persons,and/or other vulnerable persons. (H) Any crime involving,or related to,prostitution,indecent exposure,obscene conduct,or other sexual conduct or activity. (1) Any crime involving,or related to,drugs or illicit substances. (4) The applicant is or at any time has been required by any law or legal order to register as a sex offender. e. Appeal of the city clerk's issuance or denial of an application for a mobile sales unit license may be made by any person. Such appeal shall be made in writing,shall state the reasons for such appeal,and shall be delivered to the city clerk via U.S.mail or in person within fourteen(14)days of such issuance or denial.Upon receipt of such written appeal,the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty(30)days.Following a public hearing on the appeal,city council shall either affirm or reverse the city clerk's action and shall issue written findings supporting such decision.The city council's decision on such appeal shall be a final decision. f. The city of Meridian mobile sales unit license shall include,on its face: (1) The name of the individual licensed to operate or act as a mobile sales unit within the city under such license; (2) A description of the goods and/or services that may be sold,traded,given away,offered,displayed,and/or delivered under such license; (3) The hours,locations,and means at and by which the mobile sales unit is licensed to operate,travel,and/or conduct sales, trades,giveaways,offers,displays,and/or deliveries under such license;and (4) The dates during which such license is valid.Unless earlier revoked,such license shall expire three hundred sixty five(365) days following the date of issuance. g. A city of Meridian mobile sales unit license shall not be required for: (1) First amendment activity on public or private property. (2) A mobile sales unit that is invited to the premises or place at which goods and/or services are sold,traded,given away, offered,displayed,or delivered,where such invitation is extended by the occupant or owner of such premises or place. Such invitation may be extended explicitly by such occupant or owner,or may be extended implicitly by such occupant or owner by such occupant's or owner's transaction of business with such mobile sales unit within the previous three hundred sixty five(365)days. Such invitation may be revoked by such occupant or owner by explicit communication only,and shall be effective immediately,whether conveyed orally or in writing. (3) Any sale,trade,gift,offer,or display required by court order or by law. (4) The occasional sale by local school students of admission to a function of their school or of goods or services in support of a school program. h. The city clerk may revoke a mobile sales unit license where: (1) A term or condition of the license is violated by the licensee. (2) In the course of operating or acting as a mobile sales unit,the licensee violates a provision of this section or of any other local,state,or federal law. (3) It is found,after issuance of such license,that it was issued pursuant to falsified,inaccurate,or incomplete informati application. Page 9 (4) The licensee is convicted of: Item#2. (A) Reckless driving,eluding a police officer,racing,an or iving under the influence of alcohol,except that such conviction shall not be grounds for revocation where the applicant is not approved to operate a motor vehicle while operating or acting as a mobile sales unit. (B) Any charge involving theft or fraud. (C) Battery,assault,domestic battery or assault,telephone harassment,stalking,or violation of a protective order. (D) Any crime involving,or related to,firearms or other weapons. (E) Any crime involving,or related to,a child or children,elderly persons,and/or other vulnerable persons. (F) Any crime involving,or related to,prostitution,indecent exposure,obscene conduct,or other sexual conduct or activity. (G) Any crime involving,or related to,drugs or illicit substances. (5) The licensee is required by any law or legal order to register as a sex offender. The city clerk shall notify the licensee of such revocation in writing,and shall mail such notice to the applicant at the mailing address set forth in the mobile sales unit license application. Such revocation shall be effective immediately upon mailing by the city clerk. i. Appeal of the city clerk's revocation of an application of a mobile sales unit license may be made by the licensee. Such appeal shall be made in writing,shall state the reasons for such appeal,and shall be delivered to the city clerk via U.S.mail or in person within fourteen(14)days of such revocation.Upon receipt of such appeal,the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty(30)days.The city council's decision on such appeal shall be a final decision. B. Time Of Operation Of Mobile Sales Units: 1. It shall be unlawful for any person to operate or act as a mobile sales unit at a time of day that is outside the scope of a valid, current mobile sales unit license. 2. It shall be unlawful for any person to operate or act as a mobile sales unit upon a date that is outside the scope of a valid,current mobile sales unit license. C. Place Of Operation Of Mobile Sales Units: 1. It shall be unlawful for any person to operate or act as a mobile sales unit at a location that is outside the scope of a valid,current mobile sales unit license. 2. It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the operation or activity of a mobile sales unit in violation of any generally applicable provision of this code or local,state,or federal law. 3. It shall be unlawful for any person to operate or act as a mobile sales unit or allow such operation or activity in any area of the city or in any manner prohibited by the Meridian unified development code. 4. It shall be unlawful for any person to operate or act as a mobile sales unit or allow such operation or activity in or on any city building,or city property other than a city park,without the prior written or recorded consent of city council. D. Manner Of Operation Of Mobile Sales Units: 1. It shall be unlawful for any person to operate or act as a mobile sales unit if any required license,permit,and/or certification required for such operation or activity is expired or is not valid and current for any reason. 2. If the mobile sales unit is or utilizes a motor vehicle or other mode of transportation,a valid and current mobile sales unit license shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. Otherwise,a valid and current mobile sales unit license shall be kept on the licensee's person at all times during such operation or activity and shall be exhibited at any time upon request of any person.It shall be unlawful for any person to operate or act as a mobile sales unit if a mobile sales unit license is not exhibited as required by this subsection. 3. It shall be unlawful for any person to operate or act as a mobile sales unit where such person is not specifically licensed under a valid,current mobile sales unit license. 4. It shall be unlawful for any person operating or acting as a mobile sales unit to sell,trade,give away;offer for sale,trade,or giveaway;display goods or services for the purpose of sale,trade,or giveaway;or deliver goods or services pursuant to such sale,trade, or giveaway goods or services that are outside the scope of a valid,current mobile sales unit license. 5. It shall be unlawful for any person operating or acting as mobile sales unit to operate a musical instrument or amplification device from such mobile sales unit where such music or sound is audible beyond fifty feet(50)of the source of such music or sound. 6. It shall be unlawful for any person operating or acting as a mobile sales unit to: a. Misrepresent his or her purpose or affiliation. b. Continue communications with a potential customer regarding a sale,trade,giveaway,or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such mobile sales unit. c. Represent the issuance of any license under this section as an endorsement or recommendation of such licensed activi Page 10 E. Penalty:A violation of any provision of this section shal Item#2. eanor,punishable by such fine and/or imprisonment as established by Idaho Code.In addition to such penalty,any pe Lg any provision of this section shall be subject to any and all other applicable administrative,criminal,and/or civil penalties.Each day upon which a violation of this section continues or occurs may be deemed a separate and distinct violation. F. Enforcement:Peace officers shall be empowered to enforce the provisions of this section.An officer may call upon the services of the Planning,Fire,Parks or other appropriate City Departments to assist in the enforcement of the provisions of this section or in an investigation of a suspected violation thereof.(Ord. 10-1453,8-17-2010) Page 11 WI IDIAN --- IDAHO Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: h2 City Council Meeting, 20204August Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 FLUM Annexation Boundary Changes to Agenda: None th Item #3: Villas at Twelve Oaks East (H-2020-0014) – Continued from July 7 - City Council asked the Applicant to consider commercial uses on a portion of the development and to come back tonight to discuss. Application(s):  Development Agreement Modification  Annexation & Zoning Size of property, existing zoning, and location: This site consists of 6.63 acres of land, zoned R1 in Ada County, located at 115 S. Linder Rd. on the west side of Linder, just south of W. Franklin Rd. Comprehensive Plan FLUM Designation: Commercial Summary of Request: A modification to the existing DA for the multi-family development to the west is requested to incorporate this property as a subsequent phase of development in the agreement rather than require a new separate agreement for this later phase. Because a buffer to this property, which was formerly residential, is no longer needed, the Applicant requests removal of the DA provision requiring an 8’ tall concrete fence/wall to be constructed along the subject property’s west boundary. With the proposed development, it’s no longer necessary as the project is proposed to be integrated as one development with shared common areas and amenities. Annexation of 6.63 acres of land with a TN-R zoning district for the development of 8 multi-family structures containing a total of 64 apartment units at a gross density of 13.94 units/acre consistent with the Commercial FLUM designation. MFR developments are a principal permitted use in the TN-R district. There is an existing home on the property that is proposed to be retained & used as an additional rental/manager’s unit. The site plan depicts access via the extension of a driveway from the west boundary of the site & via S. Linder Rd. A pedestrian connection is required to be provided to the north to the commercial development for interconnectivity via an existing access easement. This property is planned to develop as a subsequent phase of the multi-family project currently under development on the adjacent property to the west and will share common open space & site amenities. The overall project exceeds the minimum qualified open space & site amenities required by the UDC. A 10’ multi-use pathway is required along the north side of the Ten Mile Creek from the east to the west boundary of the annexation area and within the street buffer along Linder Rd. in accord with the Pathways Master Plan. A 25’ wide landscaped street buffer is required along Linder Rd. Conceptual building elevations were submitted that are the same as those being constructed in the Villas at Twelve Oaks project in the earlier phase to the west. The design of all structures in this development are required to comply with the design standards in the ASM. Commission Recommendation: Approval Summary of Commission Public Hearing: In favor: Josh Beach, Sawtooth Land Surveying (Applicant’s Representative) Commenting: Chad Heron Written testimony: Josh Beach Key Issue(s): a. The Applicant is in agreement with the staff report except for condition #B.1.2, which requires sewer to connect to the north in accord with the Master Plan rather than to the west as proposed - The Public Works Department has re-evaluated the applicant’s proposed sanitary sewer routing, as well as previous email correspondence with the applicant on the topic of routing, and finds that the current proposal is acceptable. Therefore, staff recommends the following language to replace that currently in condition #B.1.2: “The applicant shall be responsible to determine whether adequate capacity exists in the receiving sewer system, including two lift stations, to accept the additional flow from this development. If upgrades are necessary, the applicant shall be responsible for all costs associated with said upgrades.” b. Concern pertaining to traffic in regard to the amount of accesses via Linder Rd. in this area combined with not enough access/interconnectivity in the adjacent development to the south (Whitestone Estates) with only one way in and one way out. Key Issue(s) of Discussion by Commission: In favor of the proposed 2-story (rather than 3-story) structures as they’re more compatible with adjacent residential and commercial structures; the inclusion of this site in the adjacent development and common open space & site amenities proposed for the overall development; parking in excess of UDC standards; and provision of a pedestrian connection to the north. Commission Change(s) to Staff Recommendation: Modification to condition #B.1.2 in Section IX as requested by the Applicant with the language recommended by Staff. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0014, as presented in the staff report for the hearing date of August 4, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0014, as presented during the hearing on August 4, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0014 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) Item#3. C N M- EN!DIAN:-- PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: August 4, 2020 Topic: Public Hearing Continued from July 7, 2020 for Villas at Twelve Oaks East (H- 2020-0014) by Jim Jewett, Located at 115 S. Linder Rd. A. Request: Annexation of 6.63 acres of land with a TN-R zoning district. B. Request: Modification to the Existing Development Agreement (Inst. #2016- 095715) to include the subject property and proposed development plan in the agreement and removal of the provision requiring an 8-foot tall concrete fence to be constructed. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 12 PUBLIC HEARING SIGN IN SHEET DATE: August 4, 2020 ITEM # ON AGENDA: 2 PROJECT NAME: Villas at Twelve Oaks East (H-2020-0014) PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Item#3. STAFF REPORT E COMMUNITY DEVELOPMENT DEPARTMENT HEARING August 4,2020 Legend x ' DATE: Continued from:July 7, 2020 Ppc- t Lcflf�on TO: Mayor&City Council '-- -- FROM: Sonya Allen,Associate Planner 100 208-884-5533 - SUBJECT: H-2020-0014 Villas at Twelve Oaks East—MDA,AZ LOCATION: 115 S. Linder Rd. in the NE 1/4 of Section 14,Township 3N.,Range 1 W. L��WTfT1T1�1If�ITf1TI"11I � I I I I I f f f f br�rr nl�Trr�'�`€i� I. PROJECT DESCRIPTION Annexation of 6.63 acres of land with a TN-R zoning district; and modification to the existing Development Agreement(Inst. #2016-095715)for the associated development to the west to include the subject property and proposed development plan in the agreement, and removal of the provision requiring an 8-foot tall concrete fence to be constructed. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.59 Future Land Use Designation Commercial Existing Land Use Single-family residential(SFR)and agricultural Proposed Land Use(s) Multi-family residential(MFR) Current Zoning Rl in Ada County Proposed Zoning TN-R(Traditional Neighborhood—Residential) Lots(#and type;bldg/common) NA(property is not proposed to be subdivided) Phasing plan(#of phases) 1 Number of Residential Units(type 64 multi-family apartment units of units) Density(gross&net) 13.94 gross/14.12 net Open Space(acres,total [%]/ 1.59 of an acre(34.6%) buffer/qualified) Page 1 Page 13 Item#3. Amenities 10' wide multi-use pathway Physical Features(waterways, The Ten Mile Creek runs along the southern boundary of this hazards,flood plain,hillside) site Neighborhood meeting date;#of October 17,2019;7 attendees attendees: History(previous approvals) AZ-05-056(Hark's Canyon Creek Subdivision DA Inst. #106180812);MDA-13-008 (11 Addendum to DA Inst. 113103818);H-2016-0100(21 Addendum to DA Inst.#2016- 095715) B. Community Metrics Description Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action es/no • Existing Linder Rd.is improved with 2/3-travel lanes,between 32-33'of pavement,and no curb, Conditions gutter or sidewalk abutting this site.There is 55' of ROW for Linder Rd. (25' from centerline). • CIP/IFYWP Capital Imprwements Plan 10112)fiIntegrated Five Year Work glen(IFYWP); Lnder Road is wrrenlly undar construaLi❑n to be widened to 54anes from Frarikiln road to Pine Avenue. Linder Road is listed in the-GI P to be wide ned to 5-lanes}ram Frank.Ii n Rand to Overland Road between 2031 and 2035. This rs to be a tohpt project mth ITT. • The inter$ectinn of Franklin Road and Linder Road Is fisted in the CIP le be widened to 5- lanes on the north leg, 64anes an the south, 74anes east, and 7-lanes an the wrest log, and signallzed between 2021 and 2025. Access(Arterial/Collectors/State One(1)25'wide driveway access is proposed via S.Linder Hwy/Local)(Existing and Proposed) Rd.,an arterial street Traffic Level of Service Acceptable(Better than"E")—Franklin&Linder Roads Stub Street/Interconnectivity/Cross A cross-access easement exists to this site from the property to Access the north.A driveway at the site's west boundary is proposed to be extended through the site to Linder Rd. Existing Road Network None Existing Arterial Sidewalks/ None Buffers Proposed Road Improvements None Page 2 Page 14 Item#3. Fire Service • Distance to Fire Station 2.3 miles from Fire Stations#1 • Fire Response Time Falls within 5 minute response time • Resource Reliability 75%for Fire Station#1;does not meet the target goal of 80% or greater • Risk Identification Risk factor of 2—current resources would not be adequate to supply service to this project(see comments in Section VIII.C) • Accessibility Project meets all required access,road widths and turnarounds • Special/resource needs An aerial device is required;the closest truck company is 4 minutes travel time(under ideal conditions)—Fire Dept.can meet this need in the required timeframe. • Water Supply Requires 1,500 gallons per minute for 2 hours;may be less if building is fully sprinklered,which all are proposed to be • Other Resources NA Police Service • Distance to Police 2.5 miles Station • Police Response 3:5 minutes Time • Calls for Service 577 within a mile of site(3/1/2019—2/29/2020) • Accessibility No issues with the proposed access • Specialty/resource No additional resources are required at this time;the PD already services the needs area • Crimes 67 within a mile of site(3/1/2020—2/29/2020) • Crashes 26 within a mile of site(3/1/2020—2/29/2020) West Ada School District 1.Distance arm rm � es IN- (elem,ms, PerroneFJenwntwy 56Z 650 hs) Meridian Mld@Ie$Choal IM 12M ILA 2.Capacity of Nbaridan H4h Scher 1965 2400 .7 Schools 3.#of Students Due to the abu ndani p mpkinl of growth In the area.West Ada is acLbm ly building new scN.uols,and buuridiprim are atways Enrolled ehafong.These future students could pozeniimpw 4tutnd Plea53nt view Elementary,and Owyhee H,gh School. 4.#of students 51 predicted for this development Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed Ten Mile Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 13.9 Balance • Project Consistent Yes with WW Master Plan/Facility Plan Page 3 Page 15 Item#3. • Impacts/Concerns Per the Sanitary Sewer Master Plan,this parcel is supposed to connect to sewer on the property to the north and ultimately to W.Franklin Rd.The current configuration has sewer going to the west.Under this configuration the sewage is pumped through two lift stations.It is unknown if the lift stations can handle the extra load.The City wants to avoid sending the waste to the west and through the lift stations.Please direct sewage to the north as shown in the master plan. Water • Distance to Water Directly adjacent Services • Pressure Zone 2 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns None C. Project Maps Future Land Use Map Aerial Map (fLegend High��Den Legend10 PraiectLflca-non ReSld�"tli F{o'e LocaTMar. Elr�plyment I ,O EAU- o �` `igin 1 i U-Res luy� Ira 8Rl fiC Ill IY W.J ILLn, S1d nfi I II Jill 1 1 1 1 1 1 Fin 7 Il1TffPrr'{"i�� Page 4 Page 16 Item#3. Zoning Map Planned Development Map Legend R-4 L'-O L10 0 Legend @ Pro"ea- Lcca=or R..4 � I�Project Luca=or _-- -��I.IT-�- ' rLlfYllk �-- -- +- i Planrr--d Parve a _ R1WTF.L. - C- -N - RU, R 1 R R1 R-8 l UT -----' R1 I I I I I I I f I� RF�n� �l1lTfFrr'�'41� IaF�r.� �l1lTfFrr'�'41� III. APPLICANT INFORMATION A. Applicant: Jim Jewett—776 Riverside Dr., Ste. 204,Eagle,ID 83616 B. Owner: Same as Applicant C. Representative: Josh Beach, Sawtooth Land Surveying—2030 S. Washington Ave.,Emmett,ID 83617 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/15/2020 6/19/2020 Radius notification mailed to property owners within 300 feet 5/13/2020 6/16/2020 Public hearing notice sign posted 5/20/2020 6/25/2020 on site Nextdoor posting 5/13/2020 6/16/2020 Page 5 Page 17 Item#3. V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated Commercial on the Future Land Use Map in the Comprehensive Plan . The Commercial designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. The proposed high density multi-family development will provide housing options in close proximity to the rapidly developing Ten Mile area where employment uses are planned to develop. The proposed project is an extension of the Villas at Twelve Oaks project to the west and will share amenities and common open space. A segment of the City's multi-use pathway system is planned along the southern boundary of the site adjacent to the Ten Mile Creek which will provide a pedestrian connection from Linder Rd.to the west to the future employment uses in the Ten Mile area. 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): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed high density multi family apartment units will contribute to the variety of residential categories in the City and in close proximity to the Ten Mile area as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) Only one housing type (i.e. mutli family apartments) is proposed in this development which contributes to the variety of housing types in this area. In the abutting Villas at Twelve Oaks project, duplex style and 8-and 12 plex multi family apartments were approved. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed multi family residential use and site design should be compatible with multi family uses to the west, commercial uses to the north and single-family residential uses to the east across Linder Rd. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are proposed to be provided to and though this development in accord with current City plans. Page 6 Page 18 Item#3. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed development plan is consistent with the City's vision in terms that multi family residential uses are proposed which are an allowed use in the Commercial FL UM designation. Public services and infrastructure are proposed to be provided. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area. VI. STAFF ANALYSIS A. ANNEXATION&ZONING The Applicant requests annexation of 6.63 acres of land with a TN-R(Traditional Neighborhood— Residential)zoning district.A conceptual site plan and building elevations were submitted showing how the property is planned to develop with 65 multi-family apartment units;this project is planned to be an extension of the multi-family project(Villas at Twelve Oaks) in the development process on the adjacent property to the west(see Section VIII.C,D). Multi-family developments are listed as a prinicipal permitted use in the TN-R district per UDC Table 11-2D-2. All future development is subject to the dimensional standards listed in UDC Table 11-2D-6 for the TN-R zoning district. There is an existing home on the site that is proposed to be retained and used as an additional rental/manager's unit. The site plan depicts access to the proposed development via the extension of a driveway at the west boundary of the site and via S. Linder Rd. A non-exclusive vehicular/pedestrian ingress-egress easement (Inst. 113099953) exists to this site from the property to the north that is located approximately 145.3 feet from the west end of the concrete fence along the north boundary; there is an existing 8-foot tall concrete wall constructed on the property line that prevents access between the properties. To facilitate connectivity between the residential project and the abutting commercial development,the Applicant should remove a small section of the wall(up to 24.5 feet in width as allowed by the easement)to allow for a pedestrian connection to be provided as a provision of the amended Development Agreement(DA). Because this property is proposed to be included as part of the multi-family development to the west,the overall common open space and site amenities should comply with the minimum standards listed in UDC 11-3G-3 and 11-4-3-27. Staff has verified the overall common open space and site amenities exceed the minimum UDC standards. To ensure common open space and site amenities are shared between the two sites,Staff recommends a DA provision is included requiring such. The Pathways Master Plan depicts a segment of the City's regional pathway on this site along the north side of the Ten Mile Creek and along the west side of S. Linder Rd. The pathway along the creek is planned to eventually provide a pedestrian connection between Linder and Ten Mile Roads. With the original Twelve Oaks project to the west, a pedestrian bridge was required to be constructed across the creek for a connection from the residential neighborhood(Whitestone Estate Subdivision) to the south to the north to Franklin Rd. Because the Pathways Plan at that time didn't depict an east/west pathway along the creek, a pathway was not required between the east and west boundaries. In order to facilitate Page 7 Page 19 Item#3. an east/west pathway connection between Linder and Ten Mile Roads and the Ten Mile area, Staff recommends a 10-foot wide pathway is constructed on the overall Twelve Oaks project in accord with the Plan as a provision of the amended DA. With development, a minimum 25-foot wide street buffer is required to be constructed along Linder Rd., landscaped per the standards listed in UDC 11-3B-7C. Typically, a detached sidewalk would be required within the street buffer along Linder Rd.,an arterial street,per UDC 11-3A-17; however, because a segment of the City's multi-use pathway is planned from the creek to the north,Staff recommends a detached 10-foot wide concrete pathway is constructed in lieu of a sidewalk in this location.The sidewalk south of the creek along Linder Rd. may be constructed in the future with the bridge widening project; ACHD is requiring a road trust for those improvements. Conceptual building elevations were submitted that are the same as those being constructed in the original Villas at Twelve Oaks development;no changes are proposed to the elevations in the DA(see Section VIII.D). All future structures are required to comply with the design standards listed in the Architectural Standards Manual. Detailed review of the elevations for compliance with these standards will take place with the Certificate of Zoning Compliance and Design Review application prior to application for building permits. Based on the analysis above in Section V, Staff is of the opinion the requested annexation with the TN-R zoning and proposed development is consistent with the Commercial FLUM designation for this site and uses desired in this area. 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 VIII.A. Additional land on the north side of the creek on the adjacent Villas at Twelve Oaks property to the west that was inadvertently not included in the previous annexation boundary legal description is included in the proposed annexation boundary to clean up the zoning in this area. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Because a DA exists on the associated project to the west,the Applicant proposes to amend that agreement to include the subject property rather than enter into a new agreement just for this property(see analysis below). Staff recommends additional provisions are included in the amended DA as mentioned above as a provision of annexation of this property. B. DEVELOPMENT AGREEMENT MODIFICATION A modification to the existing Development Agreement(Inst. #2016-095715)is proposed to include the subject property and proposed overall conceptual development plan in the agreement, and removal of the provision requiring an 8-foot tall concrete fence to be constructed(provision#6.1.9.). A legal description for the overall property proposed to be included in the DA is attached in Section VIII.B. The concrete fence/wall was previously required along the east boundary of the original Villas at Twelve Oaks multi-family project to buffer the previous rural residential use on the property proposed to be annexed with this application. Because the residential property is now owned by the same developer as the adjacent project,a fence/wall is no longer needed as a buffer as the project is proposed to be integrated as one development with shared common areas and amenities. Staff is in favor of the proposed modification to the DA with the added provisions noted in Section VI.A. VII. DECISION A. Staff: Staff recommends approval of the proposed Annexation&Zoning and amendment to the Development Agreement per the provisions in Section VIII in accord with the Findings in Section IX. Page 8 Page 20 Item#3. B. The Meridian Planning&Zoning Commission heard this item on June 4,2020.At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing_ a. In favor: Josh Beach, Sawtooth Land Surveying(Applicant's Representative) b. In opposition: None c. Commenting: Chad Heron d. Written testimony: Josh Beach,Applicant's Representative L. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. The Applicant is in agreement with the staff report except for condition#B.1.2,which requires sewer to connect to the north in accord with the Master Plan rather than to the west as proposed- The Public Works Department has re-evaluated the applicant's proposed sanitary sewer routing, as well as previous email correspondence with the applicant on the topic of routing. and finds that the current proposal is acceptable. Therefore, staff recommends the following language to replace that currently in condition#B.1.2: "The applicant shall be responsible to determine whether adequate capacity exists in the receiving sewer system, including two lift stations, to accept the additional flow from this development. If upgrades are necessary, the applicant shall be responsible for all costs associated with said upgrades." b. Concern pertaining to traffic in regard to the amount of accesses via Linder Rd. in this area combined with not enough access/interconnectivity in the adjacent development to the south(Whitestone Estates)with only one way in and one w4y out. 3. Key issue(s)of discussion by Commission: a. In favor of the proposed 2-story(rather than 3-story) structures as they're more compatible with adjacent residential and commercial structures,the inclusion of this site in the adjacent development and common open space&site amenities proposed for the overall development;parking in excess of UDC standards; and provision of a pedestrian connection to the north. 4. Commission change(s)to Staff recommendation: a. Modification to condition#B.1.2 in Section IX as requested by the Applicant with the language recommended by Staff. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on July 7,2020. 1. Summary of the City Council public hearing: a. In favor: Jim Jewett.Applicant b. In opposition: None C. Commenting.None d. Written testimony:None e. Staff presenting application: Sonya Allen £ Other Staff commenting on application: Clint Dolsby 2. Key issue(s)of public testimony: a. None 3. Kev issue(s)of discussion by City Council: a. Clarification of condition#B.1.2 that the Public Work's Dept. should make the determination if upgrades are necessary to the receiving sewer system based on the Applicant's findings (and Public Work's concurrence with their findings)on whether adequate capacity exists in the system: Page 9 Page 21 Item#3. b. The retention of the existing home as a rental or manager's unit—preference for it to be removed as it's not aesthetically consistent with the rest of the development and replaced with common area with an amenity and/or parking: C. Desire for commercial uses to be developed in whole on the property or along just the frontage of Linder Rd. where the existing home is located. 4. City Council change(s)to Commission recommendation. a. Clarification of condition#B.1.2 in Section IX to include that Public Works will review the Applicant's analysis for concurrence prior to acceptance of the plan. Council asked the applicant to consider commercial uses on a portion of the development and to come back to City Council on Aug. 4r'to discuss. Page 10 Page 22 Item#3. VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map 5awtooth Land urve-yimj, LL Alk 2030 5.Wvehmyton Ave. J 044 Nort$weet 61rd_,Sta.G 14 �'�A-Epet Emmett, IQ 53G J 7 Caeur d'Alene,[a 53, Jerome, la 53335 -�5ALI=111 P: (208)338-8104 F-{205}714-4b44 F-(205)323-r303 F:{205}398-5106 F={208}252 4463 F: (208)324-352 March 4,2020 Annexation Legal De aiption BASIS OF BEARING for this description is South 89113'17`East between a 5/8"rebar marking the N114 corner of Section 14 and a brass cap mariang the section comer common to Sections 11, 12, 13 and 14, both in T 3 N., R. 1 W., B.M., Ada County, Idaho. A parcel of land being a portion of Lot 6,Block 1 cf Van Hees Subdivision as shown in Book 12 of Plats, at Page 683,Ada County Records and a portion of the Ten Mile Drain, located in the ME1 f4 of the NE114 of Section 14,T. 3 N.,R. 1 W., B.M.,Ada County, Idaho,more palticulady described as follows: COMMENCING at a 513"rebar tap marking the N1/4 corner of said Section 14; Thence South 89013'17"East,€oincidentvah the north line of the NE14 of the ME1f4 of aid Section 14,a distance of 1993.41 feet; Thence South 0033'43"West coincident with the west line of Lot 1, Block 1, of said Van Hees Subdivision, 296.60 feet to the MW comer of said Lot 6,Block 1,of Van Hees Subdivision and the POINT OF BEGINNING; Thence South 89113'17"East,coincident with the north line of said Lot 6,Block 1, of Van Hess Subdivision, 664.51 feet to the€enterli ne of S. Linder Road; Thence South 0033'08"West,coincident with said centerline of S. Linder Road, 233.15 feet; Thence Nolth 89026'52"West 24.99 feet; Thence 37.45 feet along art of said curve and coincident with said south ban kof the Ten Mile drain, having radius of 76.40 feet,a central angle of 28°04'59", subtended by a chord bearing, South 89D18'15"West, 37.07 feet; Thence South 75015'46"West,coincident with the north line of Whitesto-ne Estates Subdivision, 624.62 feet to a 518"reba r PLS 972; Thence South 7500143"West,coincident with said north line of Whitestone Estate's Subdivision, 689.45 feet; Thence Noltlh 0033'43"East, 124.41 feet; Thence Nolth 75007'43"East,689.45 feet; Thence Nolth 0033'43"East,276.88 feet to the POINT OF BEGINING; The above described parcel contains 6.63 acres, more or less. P a g e l I P:i2 0 1'Al 93 9 3-TWELVE OAKS EXPAN510N15urvey%Drawings%Descnptions119393 annexation legal RE;! 1.docx Page 11 Page 23 Item#3. MSIS OF BEARING C�3d161Ik3�4 AW4€VP..SM 24 664,477�57,89' 11 32 W. FRANKLIN ROAD �� 13 z 3 s VAN REFS SLJHUIvarcN AMVFCAKS w r 2,BLz)cK 1 `^ 5 8913,1 3'1]"E _664 30.4,3'j I V3 POrfVT OF far.GINNINC _ LU VAN HEES S OWVRUOJV LOT 6,aL"1 L l PZS Id2 G'1 MILE 0 } 1.1 rq 7 � fj�Q��r�"� {] ��� �� `yl �j��' - Pis 5 LU e °G743 WMrTE57ME07, ATESUWfVl5JCMY L07 i H- l;A OCK! I 17NF TAKE I � (, f3W ! - h r[ u "L C(ARVF TABLE I� �1RC1Ehk�T71 Orlfa Da7'AANaE CFIOR�7r7E AJAL6 C?XAD!CYS4L€ €hkZ7r C! 3..4i' 76.a0' 2697459' S 144'f8'!S'L+r 37..�T LEGEND PROPERTY DX 4 MR rY LAE Ex�grm of E0 OR f)7 UNE SECROW4 LNE kWWr OF WAY FOAL -V.9-RFf A,4;NOTEO m6 fUW RRA.4S CAP $ W'6W'$E1:14A/CAPkS14222 • Sr: 1VZ'REF WCAP P751422r C� �,q��,�I,aTrTari(ufoT # P05MRi!)INF{7.4mnew SECTION 14 � F�7�FrxG��rt��aER T. 3 N., R. I W, B.M- 1�T5 2030 5. WASHIIYG70N AVE. DWG d VILLAS AT TWELVE MS EMMETT, ID 83617 a 93-" �4NNEXATZCN EXHF6IT OPEN DOOR RENTALS LLC P. (.208)�9 -8104 PROJECT/ MERIDL4N, IDAHO I �- -398-6105 193P3 $HFFT 9AT€.' 3/4{2�20 1 as nrryirrj L - VVWW.&4 T THj_S_MM i i+F I Page 12 Page 24 Item#3. B. Legal Description&Exhibit Map for Property to be Included in Amended Development Agreement awto th Land Surveying, LL 2Q3Q S, Wssh.g on A— 11144 NKfhwe�.k blvd„Ste. G 1 4 1 1° A,,snua Exst Pmrrett, IP 53617 C.,?r d'Alenc.is 453814 jffo rm' 11)633- P: (208)39$5$J 04 F: (208)714-454.1 P: 120815P? )-5303 F; (20%3.�a'a,O5 F- i208)29 •$d53 F; 12Oi.1}324.352 1 March 12, 2020 Devebpment Legal Descriptjorl BASIS OF REA1RM4 for tfli5 desoripaw is South 89013'17"East between an alum;rrum cap marking the N114 corner of Section 34 and a brass Cap marking the section corner common to-sections 1 i, 12, 13 and 14,k1cated In T. 3 N., R- 1 W., B,M-,Ada County,Idahm A parcel of lafld being Lots 1 and 2, Black 1 of Twelve O2kS&LtdiwlSion as shown in Back I IM of flats, at Page 15179 and a portion of Lot 6,slod( I of Van Heel 5ubc5ulsion as shown In Book 12 of Rats,at Page 688,Ada County Records and a portion of the Ten Mile DraJn,kxated irk the NE11+4 of the NEI)4 of Section 14,T, 3 N,, R. 1 W-1 B,M.,Ada County, Tdaho, more particularly deSalbed e5 follows; COMMENCING at an alumlruurn cala marking the N114 corner of said Section 14; Pienue south ago 13'17"East, coincident vrlth t11e north line of sad NEI14 of Sectian 14, a distance of 1328,94 feex; to E 1)16 comer of Said Section 14; Therm South 0034'42*West, 49.nd feet to ttke NNI corner of said Lot 2, Block t, Twelve oaks VJ41as Sub&.ri5an and the POINT CW BI:C,VWING, Thence Spud+890 I3'17'East, ooincident with the north line of said Lot 1 and 2 of$lock X,Twelve Oaks 5ubdivl5ion,a distancze of 5%,16 feet, Thence North 89030'ff East, 10&33 feet In a SM"tebar PI.S 5802 marking the Northeast turner of said 4Ct 1,Block 1, Twelve Oaks Subdlvi:�lpn, Thence South Da33410 west,tolncident with the east cane of said Lot 1, Block 1,Twelve Oaks SubdIvi5lon,a diwinre of 25(1:,17 feet to a 5)8"rebar PLS 14221� Theme South 89°13'17'Fast, coincident with the north line of Lot b,Van Heel Subdivision, 639.51 feet to a W rehar PL5 14221, Tlwce South 0°33'08"West, M.25 feet to the South right of way of Ten We Drain and the begInni ng of a pork- tangent Curve to the left, Thence 37,45 feet along arc of said cow,tbirboident with 5ald sout#k right of way of Teti Mile Drain, having radius of 75.40 feet,a central angle of 28 I24 59", 9lbteflded by a chard bea ring South 890 18'15"west, 37.07 feet;; Thence South 75015146"West, coincident with saW south right of way of Tan Mlle Drain,624.62 feet to a 5/8'reber PL5 972; � � h Thence North O033'55*East, 129.41 feet toil 518"rebar pL5 14221; 'C E Thence South 1500 7 43"West:,coinckfent with Bald south right of way of Ten Mile drake, 689,45 feet 0 Thence North 0034'18"Bast, 710.64 feet to the POINT OF$6GI4NIFfi<s, OF Gt , The above described parcel Contains 14.019 acres, rnDre or less, ' P oi( I I P:L2019%19393•TINELVF-OAKS E PANSON)Survey%DrewingskDoscripl*ona119393 0eve4aprnent legal.docx Page 13 Page 25 Item#3. &W OF BEAMS .....,................._,_.;-..__,-.,,...........—.........SJ99"13"lT'E 2657.$8' F 1116 CPR„SEC Ta 3Z�9� Oo&F#l1 vU]U�Ws W.JF AN(LbY RDW 1378,93' Cps#I1716i 1Q#5q � , !2 ...................S e2 "!7"E 5 ................... t! — C3 C>rrr€ef kk I I 1 forj1u.m1 g I 3 t I I I s g I I I TWaW OARS �!#7F1 58411!31171,E O,t.51' 4C TM� Mr2OLOCff 1 I I YAM Ff€E55MBaRGY4 i w� L _ i0*5 i qyl I 009560210 PCS l4P 3 4WI*7&70AE€STATE r J OT$J-%JKGCK f ilVF TAF#f oFs7nnrE Li z J j C.MVE 7A91E LFMN N GM?WiFnG7x CJOORPBEATM OaTAANg 534a015 5YJZS"'59- LMEW SN PXOPfiR7Y BVxAVM Y LrNE ] ( €lQ4FjWGDEEaORECTUNE Q/ SECUDALAL LM A.nGFfTQF WAY f 06i FOUND BUZ w PQ ! S-r 11.2r RMWVW pUj1221 OULW7FV POW 5,ECTfON!14 { +ECMRA;( 4 Trm T.3 N.,R. 11N., &M. � EUST IG LOT NOWER J ]ECT.' owTukzi{pEyBpaEYT: 2030 S. WASHING ON AVE. MVG R TWELLC-OAKS EWfETT,ID&WI7 19M- f DEVELOPMEArtAGREEMBVT OPEN DOOR RENTALS LLt P.( 39"104 PRCx1FCT� BOUNDARYOMOIT P (209)399-8105 19599 MERIDIAN, !DA►HOEWTV VI-Y o Nrww.SAlfYT0 THLS.COM i of J Page 14 Page 26 Item#3. C. Overall Conceptual Site Plan to be Included in Amended Development Agreement(dated: 11/25/19) r i _ F �a 'P� lr uli� -03 � .. `P7 4 OF L l Page 15 Page 27 Item#3. D. Conceptual Building Elevations &Floor Plans(dated: 5/6/16) do N .. k y I ' i GDHCiT�1JAL OE'fIRN 7RtYfffpJ# S.O.T� I���* � 1 r".;&SIN MF&PQN frM 21 S. c � 'I I _. + ! --.I LJ_4 i LJ, ��, i .L, ram. C .--I k�F ter.d.e,6 ITYDPL ME EEY,5"IrFM 44 ' 1'rPrJa FWW ELfVAglOk CfVPE i.] Page 16 Page 28 Item#3. CONCEPTUAL MOWN 4RAWMO', MAS 4hM y L 0 _ 70101 � r TFCA�SW ET.EW.TdDh rME4I � 4} i --- ,tea-- MU4 m M Li olTl"Nlkf=EikMR I lXl i I h I•.'.i 2i19Xit4 Fk17MftiLw+?Irri hlYpE i}71 GONCEFTUAt DEIM44 DRAWINGS 5-.5.10 T -K[-- �fICM Ellv4TFO1:IwE6TF � I I r,4r ,i 2 PEA ELE4tf KW 4Ei4ETi 33 LDE E EYATFTY rnoFnH I 4,"OLWFAtICE MWAII f , Page 17 Page 29 Item#3. _ CONCEPTUAL IJEYIGN DRAWINGS 5.6.16 =F, a FRONT ELEVATION(DUPLEX❑I,114,&D7) 'l 8 m � _ � a IQ J L.l I... 2REAR ELEVATION(DUPLEX 01,04.&D7) yx �_ EXF.ELEVS _I p 1C m _ SIDE ELEVATION P UPLEX D1.Dl.iL D7) SIDE ELEVATION(DUPLEX❑1,DA,&D7I 4:...... 3:..... A6.71 CONGEETUAL IDE149P1 QRAWIN48 5.1VIC 5' ll �FIYIII RF.YASR111"ffifJLla PEi04 ID F-1 � Y '�-'ftlIV1 aCvnf114n�Iu11tx0e6aa Clod I�"1 �J YFOO 4"L.EV,411R1 to pux 04 1*a Dip 3eUE ELEV+M10iMlEK020:i 11E1 Page 18 Page 30 Item#3. CONCEPTUAL DESIGN DRAWINGS 5.6.16 a FROHT ELEVATION(DkJFLE%O3,06&391 7~ i r e 2 REAR ELEVATION[bit PLEX W.DG&M) a DLU LJJ _ 09.De as DUPLEX FU fll1L=1 �0:0- fll If 4 S.QE ELEVATION IDUFLEX a3.D6&D9a 75iDE ELEVATION(DUPLEX D3p8&391 [DHtEfi7LIA1 GE9YCN dll6YfiN69 Safi-ti ���� •hwi•i�FY WX ELE':M'IDh ilUn 419ftE 94Cf 1E^TIO4 ao ; YFORITFhFWrEll 1 � ��. -- --- — —�• fri0.�fiE4 Page 19 Page 31 Item#3. CONCEI TIIAL DESIGN OR I INGS &6.16 TYPICAL SIDE ELEVATION 0 y 2 QS � _. _C 2ERONT ELEVATION M.ELEVS GARAGE 6 ruin 3:_-P REAR B-FvATION A6.82 CYAcarruAL O�YOM MYE SAYE �� � 1 raxxi'M)"le- x t. �u s _ ; fr �G4F FL[rh�Gl �AOF E.SwwnaS A5J.00 Page 20 Page 32 Item#3- CPNCU"UAL aESOM DRAMAWN 54,10 F 1 i I C G7 _Y m 1 SIDE ELEVATFGN 0 } F All 1 r 3FAONT ELEVATICN --LEUS GARAGE# a�xu 4. REAR ELEVA7M..._� re imtm tuwx A6.84 --`-�. ` -7: .__ _ � LL-Lj 7 - _i- F� �{ 1. naaR.tN�.a.+e+ tiff Do PI AM • + rr '��IXIO F.GCF PLAF, T*�'E+ R 2 Page 21 Page 33 Item#3. I�' e J t I' ' 4 ' � k •a firA ... iOfO I �I I1 LEGEH7 eLrF-dE-E%AA. 0 �_ r1� rseLc .irt 7LMWE PWEF,.. y i 7�j � � r.f..t•�~��.ww� Y Ir T i:.Lt h� ��Cfl/L•FLCWR hIJi '►IS i .-�I 1Y3 Page 22 Page 34 Item#3. tT3 1 TYPICdi SipE ELEVATION � S _7 0 Q} � ^ZFTw ELEVATION ELEV5- '"` GARAGE 5 �uaa 3R RELEVATION mmrwrso-rt AB„82 Page 23 Page 35 Item#3. E. Proposed Amendments to Existing Development Agreement Staffs recommended amendments are noted in underline text. 6.1.9 An 8 feet tall eener-ete fenee is r-equir-ed to be eensti-aeted along the east betffldafy of th adjaeepA to the Ream pr-epeft-y(Par-eel No. R8956000200)to mateh the existing fenee along the 6.1.9 A pedestrian connection shall be provided between the Villas at Twelve Oaks East propeLty and the commercial property to the north(i.e.Van Hees Subdivision) as facilitated by the previously recorded access easement in the location and width specified in the easement(Inst. #1130999531 6.1.10 A 10-foot wide multi-use pathway shall be constructed along the north side of the Ten Mile Creek and a detached 10-foot wide multi-use pathway shall be constructed along the west side of S. Linder Rd. in accord with the Pathways Master Plan prior to issuance of the first Certificate of Occupancy within the Villas at Twelve Oaks East portion of the development. 6.1.11 A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathways on the site prior to issuance of the first Certificate of Occupancy within the Villas at Twelve Oaks East portion of the development. 6.1.12 The common open space and site amenities shall be shared between the Villas at Twelve Oaks and the Villas at Twelve Oaks East developments. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The amended Development Agreement(DA)proposed by the Applicant, including new provisions recommended by Staff as a provision of annexation of this property, shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 1.2 ,this par-eel is supposed to eenneet to sewer-on the pr-epefty plan.to the aeFth andultima44y to W. Fr-anklia Rd. The ouffeat eenfigtwmian has sewer-going to the west.Under-this eenfigur-ation the sp. ed dffetigh two lift stations. 14 is tinknown i the lift stations ean handle the &Afa4 —, wants to a-vaid sending the waste tE)the west and thfough the lift stations. Please dir-eet sewage to the aeFth as shown in the master- The applicant shall be responsible to determine whether adequate capacity exists in the receiving sewer system, including two lift stations,to accept the additional flow from this development. Public Works shall review the Applicant's analysis for concurrence prior to acceptance of the plan. If the Public Work's Dept. determines upgrades are necessary based on those findings,the applicant shall be responsible for all costs associated with said upgrades." Page 24 Page 36 Item#3. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 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. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. Page 25 Page 37 Item#3. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design 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. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed 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. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The 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. 2.23 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,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. Page 26 Page 38 Item#3. C. FIRE DEPARTMENT https://weblink.meridianciV.org/WebLink/DocView.aspx?id=186317&dbid=0&repo=Meridian Ciu D. POLICE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=188198&dbid=0&repo=Meridian City E. PARK'S DEPARTMENT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=189330&dbid=0&repo=MeridianCity F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orzlWebLink/DocView.aspx?id=187167&dbid=0&repo=MeridianCity G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=186408&dbid=0&repo=MeridianCity H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianci0!.org/WeUink/DocView.aspx?id=186721&dbid=0&repo=Meridian City I. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=187589&dbid=0&repo=MeridianCity J. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=188453&dbid=0&repo=Meridian City K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=187880&dbid=0&repo=MeridianCity X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant's proposal to annex the subject 6.63 acre property with TN-R zoning and develop multi family apartment dwellings on the site at a gross density of 13.9 units per acre is consistent with the associated Commercial FL UM designation 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 regulations for the commercial district and with the Comprehensive Plan. Page 27 Page 39 Item#3. 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 multi family residential uses should be compatible with adjacent multi family, single-family 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 28 Page 40 WI IDIAN --- IDAHO Ordinance No. 20-1887 For Sky Mesa Highlands H-2019-0123 ADA COUNTY RECORDER Phil McGrane 2020-099421 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 08/06/2020 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE City of Meridian Ordinance No. 20-1887 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE(H-2019-0123—SKY MESA HIGHLANDS)FOR ANNEXATION OF A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32 TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN;ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 31.96 ACRES OF LAND FROM RUT TO R-4 (MEDIUM LOW DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW;AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Donald Cantrell. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-4 (Medium Low Density Residential) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. m#4. SECTION 7. This ordinance shall beIte to u 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 5th day of August , 2020. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 5th day of August , 2020. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 5th day of August 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: 3-28-2 22 Page 2 of 3 Page 42 Item#4. E �•� IATEAY J lJ BCDMPANIES Ia"s"o" MAPPING - GROUP INC. J•10•6 ENGINEERS,INC. SKY MESA HIGHLANDS SUB DIVlSION CITY OF MERIDIAN ANNEXATION LEGAL DESCRIPTION That portion of the Southeast Quarter of the Southeast Quarter of Section 32,Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho,particularly described as follows: BEGINNING at the southeast corner of said Section 32,Township 3 North,Range 1 East, Boise Meridian, from which the south quarter corner of said Section 32 bears North 89°56'45"West,2,659.18 feet; Thence N 89°56'45"W,275.07 feet along the south line of said Section 32; Thence N 00°03'15"E,40.00 feet to the northerly right-of-way line of East Lake Hazel Road and the southerly line of Lot 1 in Black 1 of Diamond Ridge Estates Subdivision according to the official plat thereof filed in Book 71 of Plats at Pages 7308-7309,Ada County Records; Thence along the southerly line of said Lot 1 the fallowing twelve(12)courses: 1) N 00-03'15"E,109.46 feet; 2) N 68'00'17"W,288.92 feet; 3) N 69°22'09"W,74.72 feet; 4) S 86"16'08"W,79.22 feet; 5) N 63'20'091'W,24.81 feet; 6) N 45°18'10"W,20.07 feet; 7) N 45°23'D7"W,105.37 feet; 8) N 36°35'591'W,199.55 feet, 9) N 75°4648"W,61.61 feet; 10) S 75-04-22"W,88.17 feet; 11) S 44-58'11"W,89.60 feet; 12) N 89°50'51"W,197.33 feet to the west line of said Southeast Quarter of the Southeast Quarter; Thence N 00°13'08"E,874.31 feet along said west line to the northwest corner of said Southeast Quarter of the Southeast Quarter; Thence S 89'48'42"E,1,329.75feet along the north line of said Southeast Quarter of the Southeast Quarter to the east line of said Section 32; Thence S 00°13'37"W,1,339.07 feet along said east line to the POINT OF BEGINNING,containing 31.96 acres,more or less. ENO DESCRIPTION O 0 This description was prepared by me or under my supervision. If any a qT of�p o portion of this description iS modified or removed without the written KA consent of Robert L. Kazarinoff,PLS,all professional liability associated with this document is hereby declared null and void. 11/201201'1) Page 1 of 1 a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-375-7330 a www.jub.com Sky Mesa Highlands—H-2019-0123 Page 44 E Item#4. D 4 �' Np `- p nJ po r") s� 0 400 800 11/20/2019 Scale in Feet Line Table Lire y Direction Length L" N89'56'45V 275,07' L2 N00.03'15T 40,00' L: N00.03'15"E 1 09.45' a L Ns8'DD'17V 288.92' S89'48'42"E 1329.75' w L`: N69'22'09"W 74.72' 7 LE 586'16'08'W 79,22' °0 SE 1 /4 of the L7 N63'2D'49"W 24.81' w SE 1 /4 of o Ls N451a'1o°W 20.07' o "�Section 32 L9 N45.23'07"W 105.37' r'? L1D N36'35'59"W 199.55' p L11 L1 N75.46'48"W 61-61' r} L 14 �� � L'2 575'04'22W 83" L1 3 O r <g L7 0 L 3 S44'58'1 1"W 89.60' L$ L' 1 N89'50'51"W 197.33' L8 L6 Northerly L2 2 Right—of—Way Line�� � L132 33 J ~5� E. Lake Hazel Road 5 N89'56'45'W 2659.18' "—'� "�" "� Sky Mesa Highlands Subdivision SHEET ASANIl9'R�P.Filr CFPR]FE991�WLES M6TWFflOPFRTx�F Jl.tl Pa^J.r io � H4B E"01"EEA6,YCNT RNd'Ta EE IIE E WF�iE orrrwr �iiNN fiY:FIIH f 'N City of Meridian Annexation FCR INr�'MER PricU3Ci NIin011'T�E E}TgE9B YAIPEn PL'k'1L}AIOH OF JLE BYBWE£11&"� Portion of the Seutireasl Quarter of t•ie Soulheast Quarter of Section 32 1 of 1 no =;i13H oES.'.F1PTY]" e• FR ]ATE usP Township 3 North,Range t East,Boise Meridian,Idaho Sky Mesa Highlands—H-2019-0123 Page 45 Item #4. 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 . William L. M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 1 An ordinance (H-2019 -0123 Sky Mesa Highlands) for annexation of a parcel of land as defined in the map published herewith, establishing and determining the land use zoning classification from RUT zoning district to R4 (medium low density residential) zoning district; 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 .] ANNEXATION ORDINANCE — Sky Mesa Highlands (H 2O19-0123) Page 3 of 3 Page 43 E IDIAN --- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Item Title: Future Meeting Topics Meeting Notes: