2021-09-28 Regular
City Council Regular Meeting
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, September 28, 2021 at 6:00 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilwoman Liz Strader
Councilman Joe Borton
Councilman Brad Hoaglun
Councilman Treg Bernt
Councilwoman Jessica Perreault
Councilman Luke Cavener
Mayor Robert E. Simison
PLEDGE OF ALLEGIANCE
COMMUNITY INVOCATION
ADOPTION OF AGENDA Adopted
PUBLIC FORUM – Future Meeting Topics
ACTION ITEMS
1. Public Hearing for Regency at River Valley Phase 3 (H-2021-0059) by Bach
Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd.
Continued to October 19, 2021
A. Request: Modification to the Existing Development Agreements (Inst.
#113005608 – SGI and Inst. #2020-062947 – Bach Storage) to remove the
property from the existing agreements and create one new agreement for the
development of a 120-unit multi-family project.
Motion to continue to October 19, 2021 made by Councilman Hoaglun, Seconded by
Councilman Bernt.
Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman
Bernt, Councilwoman Perreault, Councilman Cavener
2. Public Hearing Continued from August 24, 2021 for Horse Meadows MDA (H-
2021-0050) by Riley Planning Services, Located at 710 N. Black Cat Rd. Approved
A. Request: Development Agreement Modification to amend the draft
agreement approved with Horse Meadows Rezone and Preliminary Plat (H-
2020-0060).
Motion to approve made by Councilman Borton, Seconded by Councilman Hoaglun.
Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman
Bernt, Councilwoman Perreault, Councilman Cavener
3. Public Hearing for Advanced Sign Landscape Easement Vacation (H-2021-0060)
by B&A Engineers, Located at 2835 E. Lanark St and 155 N. Olson Ave. Approved
A. Request: Vacation to eliminate a 20-foot landscape easement as part of a
property boundary adjustment.
Motion to approve made by Councilwoman Strader, Seconded by Councilman Cavener.
Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman
Bernt, Councilwoman Perreault, Councilman Cavener
DEPARTMENT/COMMISSION REPORTS \[ACTION ITEM\]
4. City Council Discussion Confirming Correspondence and Feedback to State
Redistricting Commission
FUTURE MEETING TOPICS
ADJOURNMENT 6:29 pm
Item#2.
Meridian City Council September 28, 2021.
A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
September 28, 2021, 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, Bill Nary, Joe Dodson, Alan Tiefenbach, Dave Miles, Shawn
Harper, Joe Bongiorno and Dean Willis.
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, we will call the meeting to order. For the record it is September 28th
at 6:00 p.m. We will begin tonight's regular City Council meeting with roll call attendance.
PLEDGE OF ALLEGIANCE
Simison: Next time will be the Pledge of Allegiance. If you would all, please, rise and join
us in the pledge.
(Pledge of Allegiance recited.)
COMMUNITY INVOCATION
Simison: Our next item is the community invocation, which tonight will be delivered by
Pastor Troy Drake of Calvary Chapel. If you would all, please, join us in the community
invocation or take this as a moment of silence and reflection. Pastor Drake.
Drake: Mr. Mayor, Council Members. Will you join me. Lord God, we just -- first off,
would like to just count it all a privilege that we get to talk to you anytime we want to and
you are always there and you incline your ear towards the people that you made and we
just thank you for what we have in the United States, life, liberty and the pursuit of
happiness and -- and what a great free country that we have, Lord, and we just pray that
it would remain that way and thank you for Meridian and what a great city to live and work
in and, you know, God, we are just praying for all the citizens tonight and the first
responders, we just appreciate them so much and we just pray that you keep everybody
out of harm's way and that there would be peace in our community, in this valley tonight
and every night. Lord, we are thinking of those who don't have much and so I just pray if
anybody is hungry or they are afraid that someone would come to their aid, that you would
send someone to help them and -- and, you know, last, but not least, Lord, just praying
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for everybody in this building, all the people who make decisions and -- and serve our
community in the way that they do, I pray that you give them a lot of wisdom, especially
those who are right here in front of me tonight as they discuss the items on the agenda
and -- and make decisions that affect us all in some way and so I just pray, God, that you
give them a lot of grace for serving here and that it would bless the citizens. So, thank
you ahead of time, God, for all those things and it's in Jesus' name we pray, amen. Bless
you guys.
ADOPTION OF AGENDA
Simison: Next up is adoption of the agenda.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we adopt the agenda as published.
Hoaglun: Second the motion.
Simison: I have a motion and a second to adopt the agenda as published. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it
and the agenda is adopted.
MOTION CARRIED: ALLAYES.
PUBLIC FORUM — Future Meeting Topics
Simison: Mr. Clerk, do we have anyone signed up under public forum?
Johnson: Mr. Mayor, we did not.
ACTION ITEMS
1. Public Hearing for Regency at River Valley Phase 3 (H-2021-0059) by
Bach Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N.
Eagle Rd.
A. Request: Modification to the Existing Development Agreements (Inst.
#113005608 — SG and Inst. #2020-062947 — Bach Storage) to
remove the property from the existing agreements and create one
new agreement for the development of a 120-unit multi-family
project.
Simison: Okay. Then we will go into Action Items. First item is a public hearing for
Regency at River Valley Phase 3, H-2021-0059. I will open this public -- this public
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hearing with staff comments and turn this over to Joe.
Dodson: Thank you, Mr. Mayor. This is Sonya's project and the applicant is requesting
continuance. So, that's why she's not here tonight. The project is needing to be re-
noticed, because they increased the number of the dwellings, so they wouldn't be able to
be heard tonight appropriately. So, that's why they are just requesting a continuance.
do not -- a continuance to the August -- sorry -- October 19th date is what they request.
Other than that I have literally no idea what else the project is about.
Simison: Fair enough. Council, any questions? Or do I have a motion to continue this
public hearing? Do we have a date that was identified?
Dodson: October 19th.
Simison: October 19th.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move that we continue H-2021-0059 to October 19th.
Bernt: Second.
Simison: I have a motion and a second to continue the public hearing. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it
and that item is continued. Thank you.
MOTION CARRIED: ALLAYES.
2. Public Hearing Continued from August 24, 2021 for Horse Meadows
MDA (H-2021-0050) by Riley Planning Services, Located at 710 N.
Black Cat Rd.
A. Request: Development Agreement Modification to amend the draft
agreement approved with Horse Meadows Rezone and Preliminary
Plat (H-2020-0060).
Simison: Next item up is a public hearing continued from August 24th, 2021 , for Horse
Meadows MDA, H-2021-0050. We will continue this public hearing with any comments
from staff.
Dodson: Thank you, Mr. Mayor. This one I do know about, so we should be better off.
Just a quick recap. This is at the southeast corner of Black Cat and Pine. The original
request was for a DA modification. Because the application was -- well, I should say the
preliminary plat and rezone was approved in December 2020. Within that there was an
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existing provision that required that the servient sites, which I guess this is the best map
here. These three, as well as the existing site, gave up their rights to use the existing
access easement, which is Quarterhorse Lane that goes directly to Black Cat. At the
previous Council hearing there were some issues with what was being proposed, having
a gate across the property, et cetera. However, since, then, the applicant -- the applicant
has discussed this with their own legal counsel and we received a letter on September
16th regarding this. And I guess I will stick it on the plat for now. Regarding the easement
and what the property owners have a right to do. Because of this letter, which I hope
everybody have reviewed. I thought it was very insightful and informative. I learned some
things in it as well. The applicant is now requesting to keep the plat in, basically, what's
on the screen the way it is, including the green space in the southwest corner and they
are proposing to move the easement from along the southern boundary to over the new
public road connection to Pine, which is in line with what the -- their legal counsel gave
them advice to do or I guess an option, really, to do. Instead of providing a gate or
requiring anybody really to relinquish their rights. This is an alternative method that they
can just move the easement, since they are the site that holds the easement physically
on their property. With that being said, staff analyzed the letter, discussed with the
applicant what would be ideal and these are the revised -- the recommended revisions to
two existing provisions in order to keep the project moving forward and it will still be
compliant with all of code, et cetera. Really that's -- that's all that I have. I believe the
applicant may have more, but I will stand for any questions that Council has.
Simison: Thank you, Joe. Council, any questions for staff? Okay. Would the applicant
like to come forward.
Constantikes: I think this -- this is the right one. Mayor and Council, for the record
Penelope Constantikes. Post Office Box 405, Boise, Idaho. 83701 . As Mr. Dodson
indicated, we have two new documents. There is the staff memorandum and the letter
from Kronberg Law. I did want to let you know that Mr. Kronberg is present this evening,
if you have any questions for him specific. So, in our last meeting you all told us to come
back with a better answer and I think we have gotten that done and so that we can move
forward with completion of Horse Meadows Subdivision, then, move on to our final plat.
As Joe indicated, the plat will remain as it was approved in December of last year. The
project team has reviewed the recommended or suggested verbiage for the DA
modification and we are in agreement with those changes. I would like to thank you for
your patience. This has been a long process and I think this is the fifth time I have been
in front of you for this particular project. So, anyhow, the solution that's provided in Mr.
Kronberg's letter allows Mr. and Mrs. Casey with access to a public road with relocation
of the easement. It allows Horse Meadows Subdivision to move forward to final plat. It
provides for Mr. Morgan's safety concerns. If you remember from our last hearing he
came and discussed the fact that the intersection of Black Cat Road and Quarterhorse
Lane is quite hazardous. So, he was all in favor of being able to use the new street in the
new subdivision and with that I would be happy to answer any questions you have.
Simison: Thank you. Council, any questions for the applicant?
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Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: So, is the plan if -- if those adjacent properties are consenting to this solution,
are they, then, going to sign an extinguishment of the easement as it relates to your
parcel? I saw that, this language of extinguish or relocate, but if everyone's in agreement
is the plan -- maybe Mr. Nary knows this, but it's going to be wiped out?
Constantikes: We are just going to relocate the easement.
Borton: So, they would have an easement on the public roadway?
Constantikes; It would technically I think probably sit underneath the public roadway.
ACHD -- I have it in an e-mail from Christy Little that the Highway District will accept a
public road setting on top of that. As a matter of fact, it just says ACHD will allow a public
street to be constructed over the easement area. So, that was -- that was kind of the last
piece of it, so --
Borton: Okay. Mr. Mayor?
Simison: Councilman Borton.
Borton: The question for our Legal is what's the -- in the parade of horribles that could
happen, what exposure really does the city still have, if any, with the solution?
Nary: Mr. Mayor, Members of the Council, Councilman Borton, I mean nothing is --
nothing is bulletproof in the Legal world; right? And I think Mr. Kronberg's letter points
that out. In the -- in the ranking of liability risk for the city -- again, we are not moving their
road. They are. It's their property. So, if they wish to move it, I mean there certainly is a
potential exposure, but as Mr. Kronberg pointed out in his letter, there is case law that
supports it. So, I don't know the flavor of the adjoining neighbors. I think it's primarily one
neighbor that doesn't want to consent. But, again, he has an easement access. He
doesn't have access to -- he doesn't own any of it. So, all of it belongs to this property.
So, he still will have access. I mean I -- when we discussed it with my team -- I mean if
the access was very difficult to maneuver or to manage or very far away even, I could see
more of a reason of concern, but it isn't. It actually goes to a safer location. So, again, I
don't see exposure to the city. Am I going to say that somebody wouldn't try to do that?
I don't know. But I don't really see much exposure. This is a -- this is a request by the
property owner to reconfigure their own property and still provide access to their adjacent
neighbors. So, from a legal perspective I think it's a fairly minor concern for us. I don't
-- and, again, if you read Mr. Kronberg's letter, if it has to do with roads Mr. Kronberg is
very knowledgeable in that area. So, I don't really foresee any significant risk here.
Borton: Thanks.
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Simison: Thank you. Council, any additional questions?
Hoaglun: Mr. Mayor? Penelope --
Simison: Councilman Hoaglun.
Hoaglun: Just to -- just kind of see how this plays out. You have to have -- they need
access to be able to get out of it -- for the three property owners to get out and during
construction I'm assuming you guys have a -- will have a plan for that to make that
happen. You know, that they can go out once this road closes down and vice-versa. So,
do you have any idea on how that -- that works, just to shed some light on that?
Constantikes: Mr. Mayor, Councilman, I don't know specifically, but it's not the first time
that a subdivision development occurred where there was access ongoing. So, I would
assume that it's -- it's probably for some period of time that access will remain as
Quarterhorse Lane and they will work on the northern and the eastern side of the parcel.
Once there is an avenue out to Pine, then, they will start using that route instead. It will
certainly be handled appropriately.
Hoaglun: Okay. Thank you.
Simison: Council, any additional questions for the applicant? Okay. Thank you very
much.
Constantikes: Thank you very much.
Simison: This is a public hearing. Mr. Clerk, do we have anyone signed up to provide
testimony on this item?
Johnson: Mr. Mayor, not in advance we did not.
Simison: Okay. Is there anybody in the room that would like to come on forward and
provide testimony at this time? And we have nobody online this evening. So, it would
just be those in the room. Seeing no one coming forward, does the applicant want any
final -- they are waiving their request for final comments, so --
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: One question just because I'm really curious to Joe. What's --what significance,
if any, is there between submitting a final plat and signing the final plat in these two
conditions?
Dodson: Great question, Councilman Borton. There are actually two separate
applications, two separate steps. So, when they submit a final plat that's kind of step one
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of following the formula approval from Council. That kind of lays the groundwork for
everything. Usually it allows them to start actually constructing the roads. If I were to say
the first one to wait until final plat signature, that just delays things, which we want the
road to be built. That's the point of getting this access constructed. So, we want to have
them have that opportunity, but prior to receiving final plat signature, which is the final
step before we get everything recorded and pretty much the city stands -- or I guess off
of at least the subdivision, minus the individual home building permits, then, we want
everything to be done, completed one hundred percent, as much as we can. There is
other nuances with surety bonds and everything that could come into play, but that should
not occur with any public right of way.
Borton: Thank you.
Dodson: You are very welcome.
Simison: Council, anything else? Then I will let you decide how you want to proceed,
whether it's open dialogue or close the public hearing. Your choice. Obviously.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: I think this one might be straightforward with this solution. So, I'm going to make
a motion that we close the public hearing on H-2021-0059.
Hoaglun: Second the motion.
Simison: Motion and a second to close the public hearing. All in favor signify by saying
aye.
Borton: Mr. Mayor, I misspoke. I apologize. I was reading the wrong one. So, I'm going
to move to close the public hearing on number two, which is 2021-0050.
Simison: Second agree?
Hoaglun: Second agrees.
Simison: Second agrees. All those in favor signify by saying aye. Opposed nay. The
ayes have it and the public hearing is closed.
MOTION CARRIED: ALL AYES.
Borton: Mr. Mayor?
Simison: Councilman Borton.
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Borton: The applicant and our staff, Planning and Legal, have done a good job in trying
to craft a solution here. It makes good sense what's before us in the staff report of today's
date, with the two amended conditions 5.1.D and 5.1.E as reflected in today's staff report.
Seemed to be an appropriate solution to a challenge. So, I'm going to make a motion
that we approve H-2021-0050 a DA modification request, with the conditions as amended
in the staff report of September 29, 2021.
Hoaglun: Mr. Mayor, I will second the motion.
Simison: I have a motion and a second to approve the item. Is there any discussion on
the motion?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I think the date might be September 28th, just to amend that.
Borton: 28th. 28th.
Simison: Second agree?
Hoaglun: Second agrees.
Simison: All right. Clerk will call the roll.
Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader,
yea.
Simison: All ayes. Motion carries and the item is agreed to. Thank you, everyone, for
your patience.
MOTION CARRIED: ALLAYES.
3. Public Hearing for Advanced Sign Landscape Easement Vacation (H-
2021-0060) by B&A Engineers, Located at 2835 E. Lanark St and 155
N. Olson Ave.
A. Request: Vacation to eliminate a 20-foot landscape easement as part
of a property boundary adjustment.
Simison: Next item up is a public hearing for Advanced Sign Landscaping Easement
Vacation, H-2021-0060. Open this public hearing with staff comments.
Tiefenbach: Mr. Mayor, Members of the Council, Alan Tiefenbach, associate planner.
Hopefully I'm looking better than I did last time you saw me. So, definitely feeling better.
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Handsome as ever now. This is a proposal to -- proposal for the vacation of a landscape
easement. Put up a -- the city map so you can see this. It's four lots, zoned I-L. It's at
East Lanark and Olson intersection, which is basically near the Eagle Road and Franklin.
In May of 2021 there was a certificate of zoning compliance that was approved. While
this process was going on it was discovered that -- so -- so, the -- the four lots are in two
different subdivisions. The top two are in the Olson Subdivision No. 2, the bottom two are
in the Olson Subdivision No. 3. They came in to do a certificate of zoning compliance for
this industrial building that you see here and what was discovered during this process is
this particular subdivision, Olson No. 2, had a landscape easement, if you can see where
my pointer is here. This landscape easement is a note on the plat and it would be roughly
about where this building is here. The intent of this landscape easement was at the time
the southern plat -- they didn't know what was going to go there, whether or not it was
going to be residential. So, this was a residential buffer. Since that time the applicant
has also bought the property to the south, not part of this project, but they own it and that
property is zoned commercial. They -- a condition of approval of the certificate of zoning
compliance was that they vacate this landscape easement. Because this was a
landscape easement, it was not required for them to provide relinquishment letters, it was
just a note on the plat for this landscape easement. With that there is a property --
property boundary adjustment in the process that would be finished if this were approved
this evening. With that, Council, I will stand for any questions if you have any.
Simison: Thank you, Alan. Council, any questions? Seeing none, would the applicant
like to come forward. State your name and address for the record, please.
Canning: Yes, Mayor, Members of City Council, my name is Joe Canning. I'm with BNA
Engineers at 5505 West Franklin Road in Boise and I just wanted to start by saying -- oh,
well, now it doesn't work. This is the first time I think I have been in a room in a long time
where there were three Joes, but now Joe left. Oh, there is? All right. So, we -- we had
four for a while. So, that -- that was -- that's -- that's good to see, I think. It's not a name
you run into too often anymore. Anyway, we really don't have anything to say. I was
going to mention that there were two subdivisions. The one to the south was after the
first one and that's really the reason that first landscape easement was there, but I would
be more than happy to answer any questions that the Council would have.
Simison: Council, any questions for the applicant? Seeing none, thank you.
Canning: All right.
Simison: Appreciate it. Mr. Clerk, anyone signed up to provide testimony?
Johnson: Mr. Mayor, no.
Simison: Is there anybody in the audience that would like to provide testimony on this
item? Would the applicant like to waive their final comments? Would Council like to close
the public hearing?
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Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I move that we close the public hearing.
Cavener: Second.
Simison: I have a motion and a second to close the public hearing. All in favor signify by
saying aye. Opposed nay? The ayes have it and the public hearing is closed.
MOTION CARRIED: ALLAYES.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: After approving all -- after considering all staff, applicant, and public testimony,
move to approve file number H-2021-0060 as presented in the staff report for today's
hearing date, September 28th, and I don't think we need any modifications. It looks pretty
straightforward.
Cavener: Second.
Simison: Motion and a second. Is there any discussion? If not, Clerk will call the roll.
Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader,
yea.
Simison: All ayes. The motion carries. The item is agreed to. Thank you very much.
Nice to see you, Anna.
MOTION CARRIED: ALLAYES.
DEPARTMENT/COMMISSION REPORTS [ACTION ITEM]
4. City Council Discussion Confirming Correspondence and Feedback to
State Redistricting Commission
Simison: Next item up is Department/Commission Reports. Item 4, City Council
discussion confirming correspondence and feedback of State Redistricting Commission.
Mr. Miles.
Miles: Good evening, Mayor, Council. Happy to be here. I think I will hold my thoughts,
because I was getting to -- about to say -- see, I can't hold my thoughts. I think this is
going to be a short conversation, but, hopefully, it's going to be the shortest one, but it
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could be the longest one tonight. So, we will see. Anyway, we are here to give you a little
update. If you don't know, the Idaho Commission On Redistricting has begun their efforts.
They are ongoing. They were here in City Hall most recently. I think it was September
16th, in which I know the Mayor and Council President both testified, albeit I appreciate
Council President deferred to the Mayor in comments. So, what we decided to do was
draft a letter and memorialize those comments and really looking for feedback from you
all if you have additional questions, additional comments, general agreement alignment
with the draft letter that's in the packet and really highlighting the two aspects that I think
were most important, that Meridian is -- is looking to continue what the rules and
guidelines of redistricting do and try to keep communities of interest as whole as possible
and that applies to Meridian as well as we felt and, then, where any counties do get split
--Ada county in one of the draft map versions was split down into the south area of town
and what was suggested by us is to look at that split more into the north area of town,
north area of the county where cities have already annexed across county borders. It
seems to make more sense there. So, tried to capture those thoughts in the letter,
generally, turn it over to you all for any questions, Mayor and Council, if you have any
feedback on the testimony as well.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Thank you, Dave. One thing I would say is it would have been helpful on the
attachment if there had been an overlay of the existing boundaries and the new
boundaries. That would have been helpful to kind of get a visual of that, but also
wondering if -- I assume that -- that the Commission is having the same conversations
with -- with the county and surrounding cities. Have we -- it is unnecessary for us to
compare notes with Ada county on the changes to the proposed boundaries that we have
put together?
Miles: Sure. Mayor and Councilman -- Council Woman Perreault, I have not had any
direct conversations with the county or other cities about what the draft concept map is
that the city came up with. I think -- at least in my experience this is a process that has
many winners and losers however people want to define it and really what our map is
intended to do is be a suggestion to show that it is possible to keep Meridian wholly intact,
understanding that every time you change one line on the left side of the map the right
side changes or change it up to top, the bottom side changes. So, we haven't had that
conversation directly. At least I have not had that conversation directly.
Simison: And if I could add, I think from a practical standpoint we did have one of the Ada
county commissioners in the room, as well as the -- as the current county clerk and while
they did not speak to the substance of the map in a lot of ways we were in alignment with
our letter with the comments that they provided to the commission.
Hoaglun: Mr. Mayor?
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Simison: Councilman Hoaglun.
Hoaglun: Comment, Dave. I thought you hit the nail on the head with --with the comment
about Star as they grow and they are growing westward and, then, they cross a county
boundary it makes sense. It keeps the community together and courts would look upon
that as an okay deal we think and I think it's important for Meridian, as a community of
interest, to have a couple of districts that represent all of Meridian and I know there is
portions of Meridian in another one, but I think the map that you laid out in our areas of
impact makes sense and, you know, it's a giant puzzle once you start going from here
and -- and as they go to the rest of the state you never know where it ends up. But I think
it gives them a good sense of what we would like to see that makes sense for us and,
then, as they try to build that plan and put it all together we will see if that comes out that
way.
Miles: Absolutely. Thank you.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: Thank you, Dave. Appreciate you, Mayor, as well in your words at the redistricting
meeting a couple weeks ago. In my opinion, you know, Meridian is the second largest
city in the state and with that comes a responsibility and an expectation and I think that
up until now we have been divided sort of in a weird way in the past with our legislative
districts. There are other legislative districts in the state, whether it be, you know, up north
in Coeur d'Alene or Bannock county over in the southeastern part of the state where their
cities are broken up and -- and fewer, you know, legislative districts and I think it makes
a lot of sense, being the second largest city in the state, I believe that it makes sense for
us as well and I think that -- and I have a lot of faith in the redistricting commission that
they will look at that and they will see that -- the importance of why we need to be looked
at probably a little closer than we have been in the last couple times. So, thank you again,
Mayor, for your comments. I agree wholeheartedly with what you said.
Simison: Thank you. Yeah, it would be nice if the state used the prime meridian to start
from creating their stuff, as compared to being the place where they come to at the very
end, which is pretty much what it was last time, so -- Council, any additional comments?
Would you all like to have your name on the letter as well? Okay. Well, we will make that
change and process it appropriately.
Miles: Thank you, Mayor and Council. Appreciate it.
Simison: Thanks, Dave.
Miles: Make sure I was the quickest one.
Bernt: You were. Good job. You know exactly how to do it.
Page 35
Meridian City Council
Item#2. September 28,2021
Page 13 of 13
FUTURE MEETING TOPICS
Simison: All right. Anything under future meeting topics?
Bernt: No, sir.
Simison: Then do I have a motion?
Bernt: Mr. Mayor?
Simison: Mr. Bernt.
Bernt: I move that we adjourn the meeting.
Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes
have it. We are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 6:29 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
10 / 12 2021
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 36
E IDIAN;---
AGENDA ITEM
Public Forum - Future Meeting Topics
The Public are invited to sign up in advance of the meeting at
www.meridiancity.org/forum to address elected officials regarding topics of
general interest or concern of public matters. Comments specific to an active
land use/development applications are not permitted during this time.
By law, no decisions can be made on topics presented at the Public
Forum. However, City Counicl may request the topic be added to a future
meeting agenda for further discussion or action. The Mayor may also direct
staff to provide followup assistance regarding the matter.
3
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC FORUM SIGN-IN SHEET
Date: September 28, 2021
Please sign in below if you wish to address the Mayor and City Council and
a
provide a brief description of your topic. Please observe the following rules of
the Public Forum:
• DO NOT:
i
o Discuss active applications or proposals pending before Planning
and Zoning or City Council
o Complain about city staff, individuals, business or private matters
• DO
o When it is your turn to speak, state your name and address first
o Observe a 3-minute time limit (you may be interrupted if your topic
is deemed inappropriate for this forum)
Name (please print) Brief Description of Discussion Topic
E IDIAN.;---
Planning and Zoning Presentations and outline
Page 4
Item #3: Advanced Sign Landscape Easement Vacation (H-2021-0060)
Application(s):
Vacation of Landscape Easement
Size of property, existing zoning, and location: Property consists of four lots of 5 acres total, zoned I-L at the E. Lanark St / N.
Olsen Ave intersection (near Eagle Rd and Franklin).
Summary of Request:
In May of 2021, a Certificate of Zoning Compliance and Design Review (DES, CZC - A-2021-0055) was approved for a light industrial
building on four lots of two different subdivisions.
During this process, it was discovered that a 20’ landscape easement existed along the southern property line of the northern lots (Lot
1&2, Block 3 of the Olson and Bush Subdivision No. 2) and the industrial building would be encroaching on this easement. This
landscape easement is referenced in Note 9 of the plat and was intended to ensure subsequent development was respectful of
residential development to the south. Since the time of the final plat approval, the lot south of the landscape easement (Lot 11, Block 3
of Olson and Bush Subdivision No. 3) is not owned by the same owner (although not part of the development) and has since been
zoned to C-G. Therefore, the landscape easement is no longer necessary.
As part of the final approval of the CZC, the applicant is required to vacate the landscape easement by amending the plat and then
merging both lots together by a Property Boundary Adjustment. When this is completed, the applicant can proceed with applying for a
building permit and move forward with construction of the project.
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0060, as presented in the staff
report for the hearing date of September 28, 2021, with the following modifications: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0060, as presented during the
hearing on September 28, 2021, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2021-0060 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance)
Changes to Agenda:
th
Item #1: Regency at River Valley Phase 3 (MDA) H-2021-0059 – Request for continuance to Oct. 19 in order for the
project to be re-noticed due to an increase in the number of MFR units from 120 to 134 units.
Item #2: Horse Meadows MDA – continued from August 24, 2021
Application(s):
Development Agreement Modification
Size of property, existing zoning, and location: The subject property is 4.71 acres in size, currently zoned R-4, and is located at
710 N. Black Cat, the southeast corner of Black Cat and Pine.
Summary of Request:
The subject site was granted approval for a Rezone and Preliminary Plat in 2020 (H-2020-0060) for a rezone to the R-8
zoning district and a plat consisting of 26 building lots.
The property’s existing access is via a private access to Black Cat Road, W. Quarterhorse Lane, that also provides access for
three (3) other parcels to the east and southeast (Parcels S1210325555, S1210325800, & S1210325710). To help ensure that
this access was removed, a DA provision was included that required all servient parcels to relinquish their rights to the private
lane easement prior to this project prior to submitting for final plat approval.
One (1) of the servient sites has declined to relinquish their easement rights—with the current DA language regarding the
Quarterhorse lane access, the refusal of one of the easement holders to relinquish their easement rights functionally renders
this property useless.
Therefore, the Applicant is requesting to modify the draft DA so that they may submit a signed DA, officially rezone
the property, and continue platting this subject site while maintaining the Quarterhorse Lane access for the one
easement holder until such time that property redevelops in the future.
As part of this DA Modification and request to amend the provisions, the concept plan for the green space area abutting Black
Cat must also be revised to show the travel lane remaining. In addition, to restrict access to/from Black Cat, the Applicant is
proposing to install a gate approximately 100 feet into the site from the edge of pavement that will be accessed only by the
City and the remaining easement holder.
Staff finds the requested changes to the concept plan are feasible under the latest circumstances and finds the proposal to
gate the access to Black Cat and keep the traffic of one rural residential home through this access is appropriate.
Since the first Council hearing on this DA Mod, the Applicant obtained a legal opinion regarding the access easement in
question. Please see the Memo sent to City staff on Sep. 16, 2021.
Following this letter, the Applicant revised their DA Modification request to keep the existing plan as approved with a desire to
relocate the easement from its existing location along the southern boundary to overlay the proposed public street that
connects to Pine Avenue.
After review of the supplemental letter received by the Applicant, City Staff supports the amended request and has proposed
revisions to two (2) DA provisions in line with the Applicant’s latest proposal.
No written testimony has been submitted on this application.
Staff Recommendation:
Staff recommends approval of modification to the draft DA per the Memo sent to Council on September 22, 2021.
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H- 2021-0050, as presented in the staff
report for the hearing date of September 28, 2021, with the following modifications: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H- 2021-0050, as presented in the staff
report for the hearing date of September 28, 2021, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2021-0050 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance)
City Council Meeting September 28, 2021
Item #2: Horse Meadows DA Mod AERIALZONINGFLUM Maps–
Approved PlatPreliminary Plan/Concept
Staff Recommended DA Provisions”connection to Pine Avenue is constructed.their rights to the existing access easement once the public road ) to relinquish extinguished or relocated
to the City’s satisfaction.has been S1210325555, S1210325800, & S1210325710(Parcelsapproval and provides documentation from all easement holders receives the existing easement that
provides access to parcels shall demonstrate that the Applicantuntilsignature on the Final Plat,Prior to A final plat application shall not be submitted –5.1e known as W. Quarterhorse
Lane.south boundaryalong the on the subject siteegress easement-to use the ingress, the Applicant shall relinquish their rights plat application submittalWith final Upon approval of
the preliminary plat and rezone –5.1d
Item #3: Advanced Sign Landscape Easement Vacation0060)-2021-(H
C�
fIEN .D L1,,
HO
PUBLIC HEARING INFORMATION
Staff Contact:Sonya Allen Meeting Date: September 28, 2021
Topic: Public Hearing for Regency at River Valley Phase 3 (H-2021-0059) by Bach Homes,
Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd.
A. Request: Modification to the Existing Development Agreements (Inst.
#113005608 - SGI and Inst. #2020-062947 - Bach Storage) to remove the
property from the existing agreements and create one new agreement for the
development of a 120-unit multi-family project.
Information Resources:
Click Here for Application Materials
Click Here to Sign Up to Testify at the City Council Public Hearing
Page 4
77
C� E IDIAN�
AGENDA ITEM
ITEM TOPIC: Public Hearing for Regency at River Valley Phase 3 (H-2021-0059) by Bach
Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd.
Application Requires Continuance
A. Request: Modification to the Existing Development Agreements (Inst. 4113005608 —SGI and
Inst. #2020-062947— Bach Storage) to remove the property from the existing agreements and
create one new agreement for the development of a 120-unit multi-family project.
E IDIAN:--
IDAHO
C�
PUBLIC HEARING INFORMATION
Staff Contact:Joseph Dodson Meeting Date: September 28, 2021
Topic: Public Hearing Continued from August 24, 2021 for Horse Meadows MDA (H-2021-
0050) by Riley Planning Services, Located at 710 N. Black Cat Rd.
A. Request: Development Agreement Modification to amend the draft
agreement approved with Horse Meadows Rezone and Preliminary Plat (H-
2020-0060).
Information Resources:
Click Here for Application Materials
Click Here to Sign Up to Testify at the City Council Public Hearing
77
C� E IDIAN�
AGENDA ITEM
ITEM TOPIC: Public Hearing Continued from August 24, 2021 for Horse Meadows MDA (H-
2021-0050) by Riley Planning Services, Located at 710 N. Black Cat Rd.
A. Request: Development Agreement Modification to amend the draft agreement approved with
Horse Meadows Rezone and Preliminary Plat (H-2020-0060).
PUBLIC HEARING SIGN IN SHEET
F
DATE: September 28, 2021 ITEM # ON AGENDA: 2
PROJECT NAME: Horse Meadows MDA (H-2021-0050)
Your Full Name Your Full Address Representing I wish to testify
(Please Print) HOA? (mark X if yes)
If yes, please
provide HOA name
1
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a
i
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2
3
4
5
6
7
8
9
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Mayor Robert E. Simison
City Council Members:
E IDIANI_Z_� Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
D A H t Luke Cavener Liz Strader
September 22, 2021
MEMORANDUM
TO: Mayor& City Council
CC: Penelope Constantikes, Applicant Representative
FROM: Joseph Dodson, Associate Planner
RE: Horse Meadows MDA(H-2021-0050)
Mayor& City Council,
On August 24t', the City Council continued this project to the September 28, 2021 public hearing
due to concerns over the proposed Development Agreement(DA) language changes and
proposed changes to the site plan—specifically the proposal to revise the shared access easement
area along the southern property boundary to keep access for one servient site that has refused to
relinquish their rights to the access as required with the current DA provisions.
Following the August 24th hearing, the Applicant obtained legal counsel regarding their proposal
as well as potential alternatives. On September 16, 2021, the City received a letter from
Kronberg Law, a land use legal firm, dated August 27, 2021, outlining the existing conditions,
the requested changes proposed for the August 24th hearing, and other potential remedies for the
subject access easement issue.
In response to this legal determination, the Applicant is now proposing to move the easement
from its existing location along the south boundary to overlay the proposed new public street
approved with the Horse Meadows Preliminary Plat. This proposal is in lieu of the original
proposed changes to the site plan and the DA and Staff supports this alternative based on review
of the information provided within the letter from Kronberg Law. Therefore, Staff is
recommending the following revisions to the draft DA:
5.1 d—Upon approval f the preliminary plat an r-ezen o With final plat application submittal,
the Applicant shall relinquish their rights to use the ingress-egress easement on the subject site
long the sou41, boundary known as W. Quarterhorse Lane.
5.1 e— Prior to signature on the Final Plat. the
Applicant shall demonstrate that the existing easement that provides access to parcels receives
approval and provides deewnentatien fr-em all easement helder-s (Par-eels 51210325555,
S 1210325800, & S 1210325710 has been extinguished or relocated to the City's satisfaction.)te
r-elinquish their-rights to the existing aeeess easement enee the p4he read eenneetien to Pine
Avenue is st ete »
Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
Page 7
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 8/24/2021 Legend
DATE: -� 40
DProject Location E �.
,
TO: Mayor&City Council
FROAM: Joseph Dodson,Associate Planner 21
208-884-5533 �I
SUBJECT: H-2021-0050 `--
Horse Meadows MDA
LOCATION: The site is located at 710 N. Black Cat,at
the southeast corner of N. Black Cat
Road and W. Pine Avenue, in the NW 1/4 of the NW 1/4 of Section 10,Township LL
�®
3N.,Range 1 W.
1 ;
I. PROJECT DESCRIPTION
Development Agreement Modification to amend the draft agreement approved with Horse Meadows
Rezone and Preliminary Plat(H-2020-0060),by Riley Planning Services.
II. SUMMARY OF REPORT
A. Applicant:
Penelope Constantikes,Riley Planning Services—PO Box 405,Boise,ID 83701
B. Owner Representative:
Black Cat 30 LLC— 1420 S. Mills Avenue, Ste. M,Lodi, CA 92542
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The Applicant proposes to amend the draft Development Agreement (DA) for the approved Horse
Meadows Subdivision (H-2020-0060) to modify DA provisions, add provisions, and subsequently
update the approved concept plan. See Section V for Staff s recommended changes to the existing DA
provisions.
History: The subject site was granted approval for a Rezone and Preliminary Plat in 2020 (H-2020-
0060) for a rezone to the R-8 zoning district and a plat consisting of 26 building lots on 4.71 acres of
land. The property's existing access is via a private access to Black Cat Road, W. Quarterhorse Lane,
that also provides access for three (3) other parcels to the east and southeast (Parcels S1210325555,
S 1210325800,&S 1210325710).To help ensure that this access was removed consistent with UDC I I-
Page 1
Item#2.
3A-3 and ACHD policies, a DA provision was included that required all servient parcels to relinquish
their rights to the private lane easement prior to this project prior to submitting for final plat approval.
To date, three (3) of the four (4) servient sites (including the subject site) have signed an Easement
Modification Agreement (see public record for document) to relinquish their access rights and take
access through the approved public street connection to Pine Avenue; one (1) of the servient sites has
declined to relinquish their easement rights. Therefore, the Applicant is requesting to modify the
draft DA so that they may submit a signed DA, officially rezone the property, and continue
platting this subject site while maintaining the Quarterhorse Lane access for the one easement
holder until such time that property redevelops in the future.
Because Quarterhorse Lane is a private easement, ACHD cannot require its closure (as detailed
throughout the original staff report and ACHD staff report). However,the City attempted to reduce an
access to Black Cat (an arterial) by including a DA provision requiring its closure prior to final plat
submittal via each easement holder relinquishing their access rights. Per the Applicant, the refusal of
one of the easement holders to relinquish their easement rights functionally renders this property useless
with the current DA language regarding the access.
The Applicant is proposing to amend the DA provision in question and add additional provisions to
ensure the existing travel lane is maintained for the easement holder while providing assurances for the
City to restrict access to only this easement holder, emergency services, and public works. Staff has
included the Applicant's desired language in Exhibit V.A and has made recommended changes to their
requested language in the same exhibit below.
The concept plan and preliminary plat in the existing DA depicts a portion of Quarterhorse Lane area
as a public road for the benefit of the subdivision and the remaining portion closest to Black Cat as
green space containing utilities and a pedestrian access to Black Cat. See Exhibit B for the existing
concept plan. As part of this DA Modification and request to amend the provisions, the concept plan
for the green space area abutting Black Cat must also be revised to show the travel lane remaining. In
addition,to restrict access to/from Black Cat,the Applicant is proposing to install a gate approximately
100 feet into the site from the edge of pavement that will be accessed only by the City and the remaining
easement holder.
In summary, staff finds the requested changes to the concept plan are feasible under the latest
circumstances and finds the proposal to gate the access to Black Cat and keep the traffic of one rural
residential home through this access is appropriate. Therefore, Staff recommends approval of the
modifications as requested including additional changes as noted below.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the draft DA of Horse Meadows Subdivision(H-
2020-0060) as recommended by Staff s analysis above and with the specific changes below,
generally consistent with the Applicant's requested language.
Page 2
Page 9
Item#2.
V. EXHIBITS
A. Development Agreement provisions from approved Draft DA(H-2020-0060):
1.Existing Provisions:
5. CONDITIONS GOVERNING DEN'ELOPMENT OF SUBJECT PROPERTY:
5.1. Owners. Developer shall develop the Property iu accordance with the follo�vni lu
special conditions:
a. Future developt_uent of this site shall be generally consistent �--ith the submitted and
revised plans and conceptual building elevations for the detached single-family
dwellings ilichuded m' Section VII of the Staff Report attached to the Findiuugs of Fact
and Conclusions of Law attached hereto as exhibit--B".and the provisions contained
hereitr.
h. The Applicant shall comply��7Ith the ordlnances In effect at the tulle of application
submittal.
c. Direct lot access to N. Slack Cat Road and W. Pine Avenue is prohibited,
d. Upon approvaI of the preliminary plat and rezone. the Applicant shall relinquuish their
rights to use the n ress-egress easement along the south boundafy known as W.
Quarterhorse Lane.
e. A final plat application shall not be submitted until the Applicant recelVes approval
and provides documentation fi•om all easement holders (Parcels S 1210325555,
51210325500, & 51210325710) to relinquish their rights to the existing access
easement once the public road contuection to Piste Avenue is constructed.
Page 3
Page 10
Item#2.
2.Applicant's Requested Language:
d. The Applicant has signed the Easement Modification Agreement relinquishing
their rights to use W. Quarterhorse Lane and U upon final plat approval,
construction of and acceptance by Ada County Hig r�ways District of the
proposed pubEc roads with access to Pine Avenue at the approved location peva
FiglAs-the applicant shall cease to use the ingress-egress easement along the
south boundary known as W. Quarterhorse Lane.
e. A final plat application shall not be submitted until the Applicant receives
as nro�provides Easement Modification Agreement documentation fi•om
the-all easement holders of (Parcels S1210325555 and ,S121 :5900, &
S1210325714) to-drat relinquishes thee rights to the existing access easement
once the public road connection to Pine Avenue is constructed.
f. The owner of Parcel S1210325710 wishes to retain ingress and egress access to
Flack Cat Road via the remainder 20 foot wide Navel lane of the easement area
known as W. Quarterhorse Lane where is traverses the portion of common lot
Lot 1, Block 1. The rao ring 30 feet of the easement area will include sewer
and water lines,to serve Horse Meadows Subdivision and a pedestrian access to
Black Cat Road. The 20 foot wide travel lane will also serve as access for the
City of Mendian Public Works for maintenance and repair of the sewer and
water service lines and for emergency life and safety services.
e g.To restrict access to the travel lane for the exclusive ingress and egress use of
Parcel S 1214325714, life and safety emergency vehicles and City of Meridian
Public Worb access for maintenance and repair of the sewer and water service
lines, and provide adequate vehicle storage area, a gate will be installed
approximately 100 feet from the edge of pavement of Black Cat Road. Parcel
S 1210325710 will be provided with a key to the gate.
3. Staffs Recommended Changes:
5.1.a-5.1.c: No recommended changes.
5.1.d: " ,The Applicant has signed the Easement
Modification Agreement relinquishing their rights to W. Quarterhorse Lane and,upon final plat
approval,the Applicant shall Fell quis,, the -Fights cease to use the ingress-egress easement along
the south boundary known as W. Quarterhorse Lane.
5.1.e: "A final plat application shall not be submitted until the Applicant receives approval and
provides Easement Modification Agreement documentation from a44-easement holders of(Parcels
S 1210325555, e i 210325800, & S 1210325710)to that relinquishes their rights to the existing
access easement once the public road connection to Pine Avenue is constructed."
Add Provision: "The owner of Parcel S 1210325800 wishes to retain ingress and egress access to
Black Cat Road via the remainder 20-foot wide travel lane of the access easement area known as
W. Quarterhorse Lane where it traverses Lot 1,Block 1 of the Horse Meadows preliminary plat, a
common lot. The remaining 30 feet of the easement area will include sewer and water mains to
serve Horse Meadows Subdivision and a pedestrian access to Black Cat Road. The 20-foot wide
travel lane will also serve as access for the City of Meridian Public Works for maintenance and
repair of the sewer and water mains and for emergency access."
Page 4
Page 11
Item#2.
Add provision: "To restrict access to the travel lane for the exclusive ingress and egress use of
Parcel S 1210325800, life and safety emergency vehicles, and City of Meridian Public Works
access for maintenance and repair of the sewer and water mains, and provide vehicle stacking, a
gate shall be installed approximately 100 feet from the edge of pavement of Black Cat Road;
relevant parties, including parcel S1210325800,will be provided with a key to utilize the gate."
B. Existing DA Concept Plan/Approved Preliminary Plat:
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Page 5
Page 12
Item#2.
C. Revised Plan—area in question:
p� [��/ PO-Box 405
RILEY PLANNING SERVICES flume,ID63701
3-FOOT OPEN VISION
FENCE TO PREVENT
ACCESS TO BLACK CAT
ROAD EXCEPT AS
PROVIDED
4-FOOT CLOSED VISION FENCE WITH LATTICE
sq
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ASPHALT PATHWAY TO BLACK CAT ROAD
TURF AND OPEN SPACE AREA
Ld
ww
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?-FOOT WIDE DRIVING SURFACE—GRAVEL LOCKING GATE FOR EXCLUSIVE USE
(Fire& Emergency,Public Works and S1 11032555) BYrACCESS TO BLACK CAT ROAD FOR
PROPERTY OWNERS OF S1210325555,
FIRE DEPARTMENT&PW
Page 6
Page 13
77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Public Hearing for Advanced Sign Landscape Easement Vacation (H-2021-
0060) by B&A Engineers, Located at 2835 E. Lanark St and 155 N. Olson Ave.
A. Request: Vacation to eliminate a 20-foot landscape easement as part of a property boundary
adjustment.
E IDIAN:--
IDAHO
C�
PUBLIC HEARING INFORMATION
Staff Contact:Alan Tiefenbach Meeting Date: September 28, 2021
Topic: Public Hearing for Advanced Sign Landscape Easement Vacation (H-2021-0060) by
B&A Engineers, Located at 2835 E. Lanark St and 155 N. Olson Ave.
A. Request: Vacation to eliminate a 20-foot landscape easement as part of a
property boundary adjustment.
Information Resources:
Click Here for Application Materials
Click Here to Sign Up to Testify at the City Council Public Hearing
Page 15
PUBLIC HEARING SIGN IN SHEET
DATE: September 28, 2021 ITEM # ON AGENDA: 3
PROJECT NAME: Advanced Sign Landscape Easement Vacation (H-2021-0060)
Your Full Name Your Full Address Representing I wish to testify
(Please Print) HOA? (mark X if yes) j
If yes, please
provide HOA name
1
2
3
4
5
6
7
8
9
10
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STAFF REPORT C:�*%-
W IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 9/28/2021 Legend
DATE: 0
leiProject Lflca ion
TO: Mayor&City Council
01
FROM: Alan Tiefenbach,Associate Planner ; t ; = =_ OFE
4 I
208-489-0573 _
SUBJECT: H-2021-0060 W� DR
Advanced Sign Easement Vacation c; W
LOCATION: 2700 E Lanark St. and 155 N. Olson Ave
E'FRAN KL'IN'RD
I. PROJECT DESCRIPTION
Request to vacate the 20' wide landscape easement platted on the south property line of Lots 1&2,
Block 3 of Olson and Bush Subdivision No. 2,by B&A Engineers.
II. APPLICANT INFORMATION
A. Applicant/Representative:
Anna Canning,B&A Engineers—5505 W. Franklin Rd,Boise,ID 83705
B. Owner:
Spencer Hill,Advanced Sign—2700 E. Lanark St.,Meridian,ID 83642
III. STAFF ANALYSIS
In May of 2021, a Certificate of Zoning Compliance and Design Review(DES, CZC -A-2021-0055)
was approved for a 62,500 sq. ft. light industrial building on four lots of two different subdivisions
(Lot 1&2,Block 3 of Olson and Bush Subdivision No.2 and Lots 9&10,Block 3 of Olson and Bush
Subdivision No. 3). Although a building can overlay an interior lot line if both lots are under the same
ownership,it was discovered that a 20' landscape easement existed along the southern property line
of the northern lots(Lot 1&2,Block 3 of the Olson and Bush Subdivision No. 2)and the industrial
building would be encroaching on this easement. This landscape easement is referenced in Note 9 of
the plat and was intended to ensure subsequent development was respectful of residential
development to the south. Since the time of the final plat approval,the lot south of the landscape
easement(Lot 11,Block 3 of Olson and Bush Subdivision No. 3)is no owned by the same owner
Page 1
Page 16
Item#3.
(although not part of the development)and has since been zoned to C-G. Therefore,the landscape
easement is no longer necessary.
As part of the final approval of the CZC,the applicant is required to vacate the landscape easement by
amending the plat and then merging both lots together by a Property Boundary Adjustment. When
this is completed,the applicant can proceed with applying for a building permit and move forward
with construction of the project.
IV. DECISION
A. Staff:
Staff recommends approval of the vacation of the landscape easement as proposed by the
Applicant by amending Plat Note 9 of the Olson and Bush Subdivision No. 2 as follows:
1. The 20-foot landscape setback on Lots 3 and 4,Block 3 shall be reserved for landscaping
required by the City of Meridian. These lots shall provide landscaping as required by the
City of Meridian.
Page 2 —
Page 17
Item#3.
V. EXHIBITS
A. Recorded Plat(date: November 2004)
UNPL^TTED SSE III FEET
` LCo S b� lir E IQ 4Jb6' EVANS DRAM E+kSEIENi
i x5 F21idl ��— i-171
5 `
�IMIy 1 i SETKR EASEMENT i'� a c FYANS CRJUH
4-i
20' ME
1
------- .__ �, 1
i
I I 4
4 1
'I `, BLOICI[ 1 � '� BLOUC 1 I v�
5 AOU St[1f11A
i TEMPORMRT', � 4 DRANA0E EASNEOT I
` 5 _ TURNAROUND WaUD71T
�INSTRWENT NOLIM17571 y SCE MOTE d
1
I _ E LJWAAI[ ST. X off1717u K ❑ J
i � -- --------- --�• -
idilJ7" Z Q
Q EC
r4 2K11 I7E 1 Ih1 I ,P
,f TE11PJXAWT ACHE] # 'p�'v I Z 9fl
TURNARCUN0 EASEMENT 1_ Q
MSTKNENT N4,161Ell7570 J
1 � �
5F Y1 ' 3 "C ' 11
i II S F3 rs ,
` a k H BLOCK 3
i SF14WR LlTMA EN EMM, 1- I R -€7 i
� - 40' N 87A7f� 1
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9fiBC% r m�u i 1 t fft.�Eh9164
---- ------------------ - --�n--- "a--- '�--j --pia. ��. ---------�.
IFNP TIED Lots 9&10,
OLSO OL59r'r i
Block 3 of Mini IS iv
Olson and
Existing landscape Subject Lots Bush
easement Subdivision
No.3(part
of the
development
but different
plat)
Page 3
Page 18
Item#3.
B. Diagram Showing Landscape Plan of Approved Development
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Page 4
Page 19
77
C� E IDIAN�
AGENDA ITEM
ITEM TOPIC: City Council Discussion Confirming Correspondence and Feedback to State
Redistricting Commission
E MEMO TO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Dave Miles Meeting Date: Sept 28, 2021
Presenter: Dave Miles Estimated Time: 5 mins
Topic: Idaho Redistricting Commission Correspondence
Recommended Council Action:
Approve direction of feedback from City to the Idaho Redistricting Committee regarding the
establishment of new state legislative districts.
Background:
With the publishing of the 2020 Census population data, Idaho has begun its 2021 re-districting
effort. As you may be aware, the 2021 Commission for Reapportionment has begun meeting and
holding public hearings to discuss district boundary configurations for both congressional and
legislative elections.
Recently,the Commission met at Meridian City Hall on September 16, 2021 to further discuss their
draft configuration and take public testimony on the topic of redistricting. Both the Mayor and
Council President testified at this hearing.
Discussion:
During the Mayor's testimony, several points were raised that are consistent with the legal criteria
and rules for redistricting. Central to these rules and guidelines for Meridian is the concept to
keep communities of interest wholly intact. The Mayor spoke to this point and requested that the
Commission, as best possible, look to define at least two legislative districts that have Meridian, as
a community of interest, fully within their boundaries. The Mayor also encouraged the
Commission to not create districts which combined multiple counties. If necessary to do so,the
Mayor recommended that the Commission look to the northern parts of the Ada and Canyon
Counties where some cities have already annexed across county boarders.
To the Mayor's public testimony,the City has created a draft map of legislative districts in Ada and
Canyon counties, simply to illustrate that it is possible to form two districts that wholly encompass
Meridian, and reflect the concept of limited county border crossing. This map is draft, and is solely
developed to illustrate the concept that it is possible to implement at least two districts which
wholly reflect Meridian boundaries.
The goal of this agenda item is to ensure that the City Council agrees with the concepts stated in
the attached draft letter. The draft working map is also attached and proposed to be provided to
the Commission as a guide for them to consider Meridian's request. Should the Council wish to
have the draft letter come from the full Council, it can be amended to obtain Council signatures.
<end>
Page 1 of 1
September XX, 2021
Senators Bart Davis and Dan Schmidt, Co-chairs
2021 Commission for Reapportionment
c/o Paul Boucher, Commission Secretary
Idaho State Capitol, Room W133
Boise, ID 83702
Dear Co-chairs Davis and Schmidt,
Thank you for the opportunity to provide feedback on Idaho's efforts to redistrict based on the
2020 Census data. I also want to thank the Commission for taking the time and making the effort
to ensure that the redistricting process is fair, balanced and completed within the rules and
timelines needed for effective redistricting. This is no small task, and I have confidence in your
efforts, so thank you to the Commission for being part of the process.
As you know,Meridian is a fast-growing city. In fact,based on the recent 2020 Census,Meridian's
population is now 117,635. As Meridian grows, it is imperative that the interests of Meridian be
kept whole. Specifically, maintaining two complete legislative districts central to Meridian will
preserve the representative needs of Meridian's interests, with the remainder in as much of a
district as possible. We believe that based upon our existing population and the identified size of
legislative districts (52,546), this is an achievable goal.
To help effect implementing at least two districts which wholly reflect Meridian boundaries, we
would suggest the Commission follow the guidance provided by Ada County Clerk Phil McGrane
and ignore current precinct lines, as it is clear there will be significant changes to those boundaries
once you complete your process. Further, we suggest you also ignore current legislative district
lines in this process. As Meridian and our surrounding communities continue to grow and evolve,
holding onto these outdated lines is not in the best interest of keeping communities of interest
together.
Additionally, while splitting counties is not preferred where possible, if Ada County needs to be
split once, we would recommend looking at northern Ada and Canyon counties - where Star has
already annexed across boundaries. If it is important to keep communities of interest together, it
would make sense in this area.
Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-489-0529 . www.meridiancity.org
Co-chairs Davis and Schmidt
Page 2
At the public hearing that was held in Meridian, one of the people who testified talked about
looking towards the future. It is imperative that we do not shrink the size of districts simply because
of projected — or possible — growth. We need to ensure that the 2020 census data treats people
fairly based upon the existing data — not what it may look like in 5 years. That said, we would
encourage the Commission to also look at Area of City Impact maps if you want to consider how
cities may develop in the future and create districts that, over time, can keep communities of
interest together.
To help the Commission in achieving the goals we have outlined in this letter, Meridian has
developed a map for Ada and Canyon Counties which follows these principles for the cities of Ada
and Canyon County to the greatest extent possible. For Meridian, we have tried to take into
consideration areas where we expect growth to occur, without harming the representation for our
community with future legislative districts. We hope the Commission can utilize the map as a
guiding principle as you look at this region and make final recommendations.
In closing, thank you for your efforts as a Commission to take on this important task for the State
of Idaho, and we hope that the Commission can work to map districts that best keep communities
of interest, including Meridian, wholly within districts within the required parameters of the
redistricting rules. We look forward to continuing to work with you on this process. Please reach
out with any questions you may have.
Sincerely,
Robert E. Simison
Mayor
Cc: Meridian City Council
Commissioners, 2021 Commission for Reapportionment
Paul Boucher, 2021 Commission for Reapportionment Secretary
David Miles, Chief of Staff, City of Meridian
Encl: Meridian Legislative Map Submission
Meridian Area of City Impact Map
Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-489-0529 . www.meridiancity.org
Revised Commission Plan
m