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.
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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
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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
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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?
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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?
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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
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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?
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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.
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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
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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
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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.
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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.
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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.
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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?
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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
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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.
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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.
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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.
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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.
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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.
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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 --
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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.
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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
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Page 4
Page 16
Item#3.
Zoning Map Planned Development Map
Legend R-4 L'-O L10 0 Legend @
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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
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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
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Item#3.
MSIS OF BEARING C�3d161Ik3�4
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Page 12
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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; �
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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(
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Item#3.
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Item#3.
C. Overall Conceptual Site Plan to be Included in Amended Development Agreement(dated: 11/25/19)
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Item#3.
D. Conceptual Building Elevations &Floor Plans(dated: 5/6/16)
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Item#3.
CONCEPTUAL MOWN 4RAWMO', MAS
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Item#3.
_ CONCEPTUAL IJEYIGN DRAWINGS 5.6.16
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Item#3.
CONCEPTUAL DESIGN DRAWINGS 5.6.16
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Page 19
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Item#3.
CONCEI TIIAL DESIGN OR I INGS &6.16
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Item#3.
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Page 23
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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."
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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.
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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.
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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.
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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.
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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
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Page 42
Item#4.
E
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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
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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: