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2022-09-13 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 13, 2022 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilman Luke Cavener PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 1. Public Hearing for Shops at Victory (H-2022-0060) by WL Victory Crossings, LLC, located at 3300 S. Eagle Rd. Approved Application Materials: https://bit.ly/H-2022-0060 A. Request: Development Agreement Modification to change opening hours of operation for a drive-through coffee establishment from 6am to 5am. Motion to approve made by Councilman Bernt, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun 2. Public Hearing for Torino Locust Grove Subdivision (H-2022-0038) by Jeremy Rausch, located at 870 S. Locust Grove Rd. Approved Application Materials: https://bit.ly/H-2022-0038 A. Request: Annexation and Zoning of 1.03 acres of land from R-1 in Ada County to the R-8 zoning district. Approved Motion to approve made by Councilman Borton, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun 3. Public Hearing for Torino Locust Grove Subdivision (SHP-2022-0008) by Jeremy Rausch, located at 870 S. Locust Grove Rd. Approved Application Materials: https://bit.ly/SHP-2022-0008 A. Request: Short Plat consisting of 4 buildable lots on 0.87 acres of land in the R-8 zoning district. Motion to approve made by Councilman Borton, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun ORDINANCES \[Action Item\] 4. Ordinance 22-1994: An Ordinance Amending Meridian City Code Section 1-9-4(C), Regarding Appropriation of Funds for the Meridian Arts on Public Spaces Program; Repealing Conflicting Ordinances; and Providing an Effective Date. Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun 5. Ordinance No. 22-1992: An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 21-1945, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2021 and Ending September 30, 2022 (FY2022), By Increasing Total Appropriations from $185,198,969 to $194,955,456, Increasing Total Revenue from $118,834,794 to $122,284,158, and Increasing the Use of Fund Balance from $66,364,175 to $72,671,298; and Providing an Effective Date. Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun FUTURE MEETING TOPICS ADJOURNMENT 6:26 p.m. WE IDIAN CITY COUNCIL REGULAR MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 13, 2022 at 6:00 PM All materials presented at public meetings become property of the City of Meridian.Anyone desiring accommodation for disabilities should contact the City Clerk's Office at 208-888-4433 at least 48 hours prior to the public meeting. Agenda VIRTUAL MEETING INSTRUCTIONS To join the meeting online: https://us02web.zoom.us/j/88029902800 Or join by phone: 1-669-900-6833 Webinar ID: 880 2990 2800 ROLL CALL ATTENDANCE Jessica Perreault Joe Borton Brad Hoaglun Treg Bernt Liz Strader Luke Cavener Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA 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 active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at Public Forum. However, City Council 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. ACTION ITEMS Public Hearing process: Land use development applications begin with presentation of the project and analysis of the application by Planning Staff. The applicant is then allowed up to 15 minutes to present their project. Members of the public are then allowed up to 3 minutes each to address City Council regarding the application. Citizens acting as a representative of a Homeowner's Association may be allowed up to 10 minutes to speak on behalf of represented homeowners who have consented to yielding their time.After all public testimony, the applicant is allowed up to 10 minutes to respond to questions and comments. City Council members may ask questions throughout the public hearing process. The public hearing is then closed, and no further public comment is heard. City Council may move to continue the application to a future meeting or approve or deny the application. 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. 1. Public Hearing for Shops at Victory (H-2022-0060) by WL Victory Crossings, LLC, located at 3300 S. Eagle Rd. Application Materials: https://bit.ly/H-2022-0060 A. Request: Development Agreement Modification to change opening hours of operation for a drive-through coffee establishment from 6am to Sam. 2. Public Hearing for Torino Locust Grove Subdivision (H-2022-0038) by Jeremy Rausch, Located at 870 S. Locust Grove Rd. Application Materials: https://bit.ly/H-2022-0038 A. Request: Annexation and Zoning of 1.03 acres of land from R-1 in Ada County to the R-8 zoning district. 3. Public Hearing for Torino Locust Grove Subdivision (SHP-2022-0008) by Jeremy Rausch, located at 870 S. Locust Grove Rd. Application Materials: https://bit.ly/SHP-2022-0008 A. Request: Short Plat consisting of 4 buildable lots on 0.87 acres of land in the R-8 zoning district. ORDINANCES [Action Item] 4. Ordinance 22-1994: An Ordinance Amending Meridian City Code Section 1-9-4(C), Regarding Appropriation of Funds for the Meridian Arts on Public Spaces Program; Repealing Conflicting Ordinances; and Providing an Effective Date. 5. Ordinance No. 22-1992: An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 21-1945, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2021 and Ending September 30, 2022 (FY2022), By Increasing Total Appropriations from $185,198,969 to $194,955,456, Increasing Total Revenue from $118,834,794 to $122,284,158, and Increasing the Use of Fund Balance from $66,364,175 to $72,671,298; and Providing an Effective Date FUTURE MEETING TOPICS ADJOURNMENT Meridian City Council September 13, 2022. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 13, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Bill Parsons, Jeff Brown, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt _X_ Jessica Perreault Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is September 13th, 2022, at 6:00 p.m. We will begin this regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next up is the community invocation, which tonight will be delivered by Daryl Zachman of Calvary Chapel Treasure Valley. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Zachman: Thank you. Heavenly Father, we do thank you for your presence, your goodness, your righteousness. We do ask humbly for your grace and mercy today. We pray for wisdom for our city leadership. We are grateful for them. We ask, God, that you would help them with the issues that are before them. We pray, Lord, that you would just continue to make this place a peaceful place. We pray you protect us from evil. We pray that your will would be done and accomplished in our great city and that it would be a place where there is good quality of life for the residents and a model to other cities. So, Lord bless this night we pray in the name of our Lord Jesus Christ. Amen. Meridian City Council September 13,2022 Page 2 of 13 ADOPTION OF AGENDA Simison: Thank you. Next item up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Before I make a motion here for our agenda I just want to note that Items 2 and 3 under Action Items will be opened together. However, they will be separate motions when we take action on that. So, Mr. Mayor, I move adoption of the agenda as published. Borton: Second. 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: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Next item up is public forum. Mr. Clerk? Johnson: Mr. Mayor, we had one sign in. Todd Green. Simison: Okay. Mr. Green, if you want to come forward. You will be recognized for three minutes and -- excuse me. Go ahead. Green: Can you guys hear me okay? Simison: Yep. Green: Thank you for your time. Mayor Simison and City Council Members, thank you for this opportunity to speak to you in person. I want to address the proclamation released by the Mayor's office on September 9th, 2022, in support of the LGBT events that took place in Boise last weekend. While I agree that all people should be able to live free of discrimination and harm and treated with compassion and respect, I fear this proclamation puts the City of Meridian and all its inhabitants squarely in the crosshairs of almighty God's judgment. Regardless of our desire to support friends and family members in their lifestyle decisions, the Holy Bible calls all forms of homosexuality sin. If an individual chooses that lifestyle they are rejecting the Lord of Heaven. Whether or not one accepts the Bible as God's word, it has survived humanity's concerted efforts to wipe it from existence for two millennia. I'm sure you recall the story of God's judgment on Sodom and Gomorrah in the Book of Genesis. Throughout scripture the Bible calls homosexuality immoral, perverse, and an abomination. First Corinthian 6:9 warns us not Meridian City Council September 13,2022 Page 3 of 13 to deceive -- deceive ourselves. It says that neither homosexuals, nor sodomites will inherit the Kingdom of God. According to the scriptures only enemies of the Lord of Heaven consider homosexuality and transgenderism a good thing. I'm convinced there is a heavy population of God fearing Christians like myself living within the City of Meridian. I wanted to remind you of our point of view regarding this proclamation. We have no problem living with those from different walks of life in peace and harmony. We respect decisions different from our own as long as they don't encroach upon our constitutionally protected rights. We seek harmony with our neighbors and to live peaceful and quiet lives, but we are also called to warn of the eternal wrath to come. As I stand before you I do not mean to cause offense. I consider this moment as my duty to my community. Anyone that hears my voice if you consider yourself a Christian and were in favor of this proclamation, I encourage you to read your Bible again. The Bible is like the U.S. Constitution in that it was written once to be interpreted as written. It is not a living document that changes with the times. Do not deceive yourself. God will not be mocked. Thank you for your time. Simison: Thank you. Mr. Clerk, do we have anybody else signed up on -- Johnson: Mr. Mayor, that was it. ACTION ITEMS 1. Public Hearing for Shops at Victory (H-2022-0060) by WL Victory Crossings, LLC, located at 3300 S. Eagle Rd. A. Request: Development Agreement Modification to change opening hours of operation for a drive-through coffee establishment from 6am to 5am. Simison: Okay. Then with that we will move into Action Items. The first item up is a public hearing for The Shops at Victory, H-2022-0060. We will open this public hearing with staff comments. Parsons: Thank you, Mr. Mayor, Members of the Council. First item on the agenda this evening is The Shops of Victory Development Agreement modification. The site consists of 3.6 acres, but the subject DA is only relevant to 0.84 acres of land. It's currently zoned C-C in the city and it's located at 3300 South Eagle Road or the southeast corner of Victory and Eagle Road. This property, again, is one commercial lot within a three lot commercial subdivision known as The Shops of Victory development. It was annexed in 2008 with a development agreement. In that current DA all C-C -- all allowed uses in the C-C zone are allowed to be established on the subject property. The most recent approvals for the subject property includes a conditional use permit, which allowed a drive through coffee shop on this specific lot as you can see here in the graphic to your right. As part of one of -- one of the restricted provisions does limit the hours of operation from 6:00 a.m. to 10:00 p.m. because of its -- how close this -- this proximity is to the adjacent residential uses on the south boundary. The applicant here is -- is before you this evening Meridian City Council September 13,2022 Page 4 of 13 to discuss changing those hours for this specific lot only for the coffee business. Staff has prepared some recommended DA provision, so we have had an opportunity to look at what was in the current DA. Because there is multiple property owners on this subject site now it was felt it was better to have a new DA, so we went back and looked at that existing development agreement, pulled out what seemed to be applicable to this site and this is what we are proposing before you this evening as part of the DA mod. So, really, the -- a lot of these are existing provisions in the DA that carried over and made sense to stay with -- running with the land and, then, the only change is the modification to the hours for this specific lot, which the applicant and staff is supportive of changing the hours of operation from 5:00 a.m. -- or from 6:00 a.m. to a 5:00 a.m. start for the coffee shop. Had a chance to look at the public record. It looks like there was a gentleman, David Palumbo, submitted some comments on multiple applications in the area, not just specific to this one, but he's concerned with the amount of growth in the area. I have had a chance to speak with the neighbor -- the most impacted neighbor adjacent to this property here. He is here this evening. He is supportive of the -- of the hours of operation change as well. So, again, staff is recommending approval with the DA provisions before you and I will stand for any questions you may have. Simison: Thank you, Bill. Council, any questions for staff? Okay. Is the applicant here? Good evening. State your name and address for the record and be recognized for up to 15 minutes. White: Jason White. White-Leasure Development Company. 8385 West Emerald Street, Boise, Idaho. 83704. Bill, thank you for -- I think he -- he nailed it. We want to change the hours of operation by an hour and we -- we agree with -- with his -- his findings and I stand for questions. Simison: Council, any questions for the applicant? Okay. Thank you very much. White: Thank you. Simison: Mr. Clerk, anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, two. The applicant and Robert Aldridge. Simison: Okay. And if there is anybody else that would like to provide testimony on this item, either in the room or online -- if you are online, please, use the raise your hand feature. Aldridge: Bob Aldridge. I'm at 3300 East Falcon Drive in Meridian. I am the backyard to this. I have worked with these developers for now a lot of years. They have been uniformly extremely accommodating. Very helpful. They have done light restrictions. A way path. I have no problems with this. I know the decibel levels on this. I doubt seriously I'm going to have any problem with it at 5.00 a.m. I'm not going to have any problem with it, I'm not going to be awake. So, I very much urge this be done. Meridian City Council September 13,2022 Page 5 of 13 Simison: Thank you very much. Council, any questions? All right. Thank you. There is nobody online besides city staff, so is -- is there anybody present that would like to provide testimony on this item? Okay. Would the applicant like to make any final comments or waive that right? They are waiving that right. Council, do I have a motion to close the public hearing? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we close the public hearing. Perreault: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Councilman Bernt. Bernt: I move that we approve Item No. H-2022-0060. Perreault: Second. Simison: I have a motion and a second to approve Item H-2022-0060. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Have a good evening. MOTION CARRIED: FIVE AYES. ONE ABSENT. 2. Public Hearing for Torino Locust Grove Subdivision (H-2022-0038) by Jeremy Rausch, located at 870 S. Locust Grove Rd. A. Request: Annexation and Zoning of 1 .03 acres of land from R-1 in Ada County to the R-8 zoning district. 3. Public Hearing for Torino Locust Grove Subdivision (SHP-2022-0008) by Jeremy Rausch, located at 870 S. Locust Grove Rd. Meridian City Council September 13,2022 Page 6 of 13 A. Request: Short Plat consisting of 4 buildable lots on 0.87 acres of land in the R-8 zoning district. Simison: Next item up is Items 2 and 3, which is public hearing for Torino Locust Grove Subdivision, H-2022-0038 and SHP-2022-0008. We will open both of these public hearings with staff comments. Parsons: Thank you, Mayor, Members of the Council. The next two items I should say are both related. This project was continued from last hearing, because somehow the short plat was left -- inadvertently left off the agenda and so we wanted to make sure that both of these projects stayed together for you this evening. The site consists of 1.03 acres of land, currently zoned R-1 in Ada county and the property address is 870 South Locust Grove Road. The Comprehensive Plan designation for this property is medium density residential, which anticipates densities between three to eight dwelling units to the acre. The project that's before you this evening comes in at 3.7 dwelling units to the acre. You can see here in the arrow that the existing property is vacant currently. The applicant is before you tonight to discuss annexation of this lot with -- to the R-8 zoning district and, then, further subdivide it from one Ada county parcel into four single family residential home lots. If you have had a chance to look at some of the public testimony, some of the neighbors in the area that provided testimony on -- written testimony on this project got confused that this was for a multi-family project. That is not the case. Again, the applicant is proposing to construct four homes on this site at a gross density of 3.7 dwelling units to the acre. Pretty -- pretty easy project. The -- the access is coming off of Locust Grove, because there is no local street access, so the applicant is proposing a common driveway. With the original submittal the common driveway did stop short on the property and as part of the Planning and Zoning Commission hearing we wanted to make sure that the common drive actually got extended to the eastern driveway as you see here in this exhibit. That is just so that we can facilitate access to the local street when the adjacent property develops. That's -- that's critical to what we require in the code. Once this common drive does connect to the local street to the east, this access is conditioned in the development agreement to be an emergency access only. We have also coordinated with the fire department to make sure --just to let the Council know that this common drive will be beyond the 150 foot parameter per the fire code, but the applicant and I have worked with the fire department to allow it to be -- go beyond that with the caveat that the applicant delineate where the 150 foot mark is so fire department knows how far they can pull in with their fire truck and -- and fight any fires on the existing residents if there is any fires on any of the new homes that could come forward -- that are built on the site I should say. Because this site is under five acres in size the only required open space is the landscape buffer along Locust Grove, which is what you see here with the 25 foot wide landscape buffer. There are existing trees on the site that will also be -- need to get mitigated for as part of their approval and the applicant will have to comply with all fencing regulations. The Planning and Zoning Commission heard this project at their August 4th hearing. They did recommend approval of both applications. The applicant testified in support, who was Jeremy Rausch and, then, as I mentioned to you, there was quite a few letters of opposition from the surrounding neighbors due to the fact that, again, they felt this was going to be a multi-family project, which it is not. No -- no Meridian City Council September 13,2022 Page 7 of 13 key issues of public testimony. The only item discussed at the Planning and Zoning Commission again was the extension of the common driveway and making sure that we got the condition of approval right in the staff report and Commission did side with staff's recommendation and modified that DA provision. There are no outstanding issues before you and as I mentioned on the last hearing we did have additional testimony from some -- some residents from David Palumbo and Shawn Freeman. Again both are concerned about the amount of development occurring in Meridian. So, with that staff and the Commission have recommended approval and we will stand for any questions you may have. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: One question, Bill. Thank -- thank you for that. I -- I was wondering why the -- was wondering why the zoning difference between Ada county versus the City of Meridian. Ada county being, you know, different -- a little bit less dense than what is proposed here. Parsons: Mayor, Councilman Bernt, so, essentially, R-1 means one dwelling each to the acre in the county and R-8 -- although it's not -- the zoning code doesn't drive density, it's based on the Comprehensive Plan, which at a minimum is three with a maximum of eight. So, this applicant has decided to go with four, instead of the minimum of three, which is allowed under the Comprehensive Plan. So, that's really the difference here. It's just we anticipate a little bit higher density based on redevelopment of the property. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I'm assuming that that -- that zoning through the -- through Ada county was -- was done previous to this many years ago. So, maybe that's the difference. Parsons: Yeah. Mayor, Members -- Council Member Bernt, that is correct. There used to be a residence on there and it got removed and now it's a vacant lot and -- and being sold for redevelopment purposes. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Bill. I watched the Planning and Zoning Commission hearing and I was under the impression that the applicant was going to speak with Chief Bongiorno before it got to Council and get all of that squared away. So, did that, indeed, happen? It sounded like from your presentation that maybe that wasn't wrapped up yet. Meridian City Council September 13,2022 Page 8 of 13 Parsons: Mayor, Council Woman Perreault, it's -- it's wrapped up. I had a chance to follow up with Chief Bongiorno after the hearing, let him know some of the conversations of the Planning and Zoning Commission and that's what I -- that's why we amended the condition and as the applicant comes to record the plat he will have to have written approval from the fire department. But, again, the fire department is going to require that he delineate the 150 foot mark on the common driveway, so they know where that -- that mark is for their standards. So, he was good with that. Perreault: Mr. Mayor, one more question. Simison: Council Woman Perreault. Perreault: Thank you. So, with the extension of this private drive does it no longer become a common driveway, now it's considered a street or how does that work? Because we -- we have tried to limit, of course, the amount of residences that come off a private drive and so what -- I didn't see anything in the staff report that had concerns that there were four instead of three. Is that part of the reason why or is this just a -- is part of the reason why you want to do the extension is so this is not -- no longer a common drive or is it just most -- mostly related to the fire department's concerns? Parsons: Yeah. Mayor, Council Woman Perreault, it's -- it will remain a common drive. It's going to be platted as such, so it will stay that way regardless of that being -- access being closed. What we don't have currently is whether or not any public streets will be stubbed to the eastern boundary for that driveway to tie into or if someone will come forward with their own common driveway and -- and, essentially, we could have additional homes taking access off of an extended common driveway. But in our opinion that's -- that outweighs keeping an access to Locust Grove, which is so close to a planned roundabout or a signalized intersection, so we are making a concession here that the better option is to allow more homes to take access from a common drive -- or from a local street than maintaining the access to Locust Grove in the long term. Simison: Council, any additional questions for staff? Is the applicant here this evening? Okay. Well, I guess there is no applicant this evening that we can identify. So, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Is there anybody present that would like to provide testimony on this item? No one wishing to provide testimony. No applicant. Council, what's your desire? Parsons: Mayor and Council, I had a chance to speak with the applicant -- not before the hearing, but he's -- he's good with all conditions of approval if there is any concern from the Council not having the applicant here, but typically they --we like them here to at least say they are in agreement. Bernt: Mr. Mayor? Meridian City Council September 13,2022 Page 9 of 13 Simison: Councilman Bernt. Bernt: Who is the applicant? Parsons: Jeremy Rausch. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Is he the representative of -- for the owner or is he actually the owner of the property? Parsons: He's actually the owner. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: He did state at the Planning and Zoning Commission verbally that he is in agreement with all the conditions, so we do have record of him stating his willingness to do the extension of the road and all those things if there is concern about that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Has this happened before where we don't have an applicant here? It just seems really out of the ordinary to me. Just wondered if Planning staff could comment on that. Simison: It has happened. It's not unheard of, just not common. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Under this unique narrow circumstance I don't have any problem proceeding. It sounds like it's a formality if the applicant was here. Unless -- if there is any questions that Council have of the applicant about this application, then, we ought to continue it. But if Council is comfortable with the information provided I don't have a problem proceeding, so -- any questions? Nope? Mr. Mayor? Simison: Councilman Borton. Meridian City Council September 13,2022 Page 10 of 13 Borton: Going once. Going twice. If there is not any questions that we would want the applicant to answer, then, I move that we close the public hearing. Did we open both of them? Simison: Yes, we did. Borton: Okay. Then I will move we close both public hearings on H-2022-0038 and 2022- 0008. Perreault: Second. Simison: I have a motion and a second to close the public hearings. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearings are closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Certainly annexations are ones where we always want the applicant here, even if it's a formality. It's just great to see them. It's joining the city, becoming part of the -- the crew, so -- this is maybe a very rare, narrow, narrow exception that we don't want to ever encourage to happen even if it's a formality. We would love to see the applicants be present, but with that there is no unresolved issues, the applicant made the representation that Council Woman Perreault had referenced, which is helpful. So, I'm going to move that as to H-22-0038, move to approve that application as set forth in the staff report of September 13th, 2022. Perreault: Second. Simison: I have a motion and a second to approve item H-2022-0038. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to.. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. Mayor? Simison: Councilman Borton. Meridian City Council September 13,2022 Page 11 of 13 Borton: As to SHP-2022-0008, I move that we approve that application as well as set forth with the conditions in the staff report of September 13, 2022. Perreault: Second that motion. Simison: I have a motion and a second to approve SHP-2022-0008. Is there any discussion? If not Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 4. Ordinance 22-1994: An Ordinance Amending Meridian City Code Section 1-9-4(C), Regarding Appropriation of Funds for the Meridian Arts on Public Spaces Program; Repealing Conflicting Ordinances; and Providing an Effective Date. Simison: Thank you, Bill. Nice to see you again. It's been a while. Next item up is Item 4, which is Ordinance No. 22-1994. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance amending Meridian City Code Section 1-9-4(C), regarding appropriation of funds for the Meridian Arts on Public Spaces program; repealing conflicting ordinances; and providing an effective date. Simison: Council, 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? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of Ordinance No. 22-1994. For the Mayor to sign and Clerk to attest. Strader: Second. Simison: I have a motion to approve ordinance 22-1994. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Meridian City Council September 13,2022 Page 12 of 13 Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 5. Ordinance No. 22-1992: An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 21-1945, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2021 and Ending September 30, 2022 (FY2022), By Increasing Total Appropriations from $185,198,969 to $194,955,456, Increasing Total Revenue from $118,834,794 to $122,284,158, and Increasing the Use of Fund Balance from $66,364,175 to $72,671,298; and Providing an Effective Date. Simison: Next item up is Ordinance No. 22-1992. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance of the City of Meridian, Idaho, amending Ordinance No. 21-1945, the appropriation ordinance for the fiscal year beginning October 1 , 2021 , and ending September 30, 2022, (FY-2022), by increasing total appropriations from $185,198,969 to $194,955,456, increasing total revenue from $118,834,794 to $122,284,158, and increasing the use of fund balance from $66,364,175 to $72,671,298; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of Ordinance No. 22-1992. Borton: Second. Simison: I have a motion and a second to approve Ordinance No. 22-1992. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or do I have a motion to adjourn? Meridian City Council September 13,2022 Page 13 of 13 Hoaglun: Move to adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed Nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) g / 27 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK 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. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : September 13 , 2022 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum : • DO NOT : 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 is for this forum ) Name ( please print ) Brief Description of Discussion Topic E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Item #2: Torino Locust Grove Subdivision (H-2022-0038 and SHP-2022-0008) Application(s): Annexation and Short Plat Size of property, existing zoning, and location: This site consists of 1.03 acres of land, zoned R-1 in Ada County, located near the northeast corner of S. Locust Grove Rd and E. Bentley Dr. Comprehensive Plan FLUM Designation: MDR (3 to 8 d.u. per acre) – proposed density is 3.7. Summary of Request: Annexation of 1.03 acres of land with the R-8 zoning district, and short plat consisting of 4 single family residential building lots to construct 4 new single family detached homes, not multi-family as discussed in the written testimony. Access: Access is provided for S. Locust Grove via a common driveway. The common driveway will be placed in a common lot and be extended to the eastern boundary. A condition of approval restricts this access to emergency access only when the driveway is extended across the 903 S. Torino Ave. parcel and connects to S. Torino Ave, a local street. Landscaping: A 25 ft. wide landscape buffer is required to be constructed along S. Locust Grove Rd. No additional landscaping is required by City code because the property is under the 5 acres. Existing trees on the site need to mitigated for in accord with UDC 11- 3B-10. Fencing: Fencing for the residential lots must comply with UDC standards in UDC 11-3A-7. Commission Recommendation and Summary: The Meridian Planning & Zoning Commission heard these items on August 4, 2022. At the public hearing, the Commission moved to recommend approval of the subject AZ and SHP request. 1. Summary of Commission public hearing: a. In favor: Jeremy Rausch b. In opposition: Stan and Elaine Sears, Patricia Christensen, Jeannette Tanner, and Ryan and Glenna Newby c. Commenting: None d. Written testimony: See above in the opposition section e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. Extension of the common driveway to the eastern boundary 4. Commission change(s) to Staff recommendation: a. Commission modified DA provision b. 5. Outstanding issue(s) for City Council: None Written Testimony since Commission Hearing: David Palumbo and Shawn Freeman – expressed concerns with the continued growth in Meridian Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0038 and SHP-2022-0008, as presented in the staff report for the hearing date of September 13, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0038 and SHP-2022-0008, as presented during the hearing on September 13, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0038 and SHP-2022-0008 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #1: Shops at Victory (H-2022-0060) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of approximately 0.84 acres of land, zoned C-C, located at 3300 S. Eagle Rd. Summary of Request: The property is one of three commercial lots comprising the Shops at Victory Development which was annexed in 2008 (AZ-008-007, PP-08-006, DA Inst. #111032845). The existing Development Agreement allows all uses allowed in the C-C zoning district, with hours of operation limited to 6am to 10pm due to the adjacent residential uses. In May of 2022, a conditional use permit (CUP) was approved for this subject property (3300 S. Eagle) to allow a drive-through establishment within 300 feet of an existing residence and another drive through facility (H-2022-0019); a CZC was issued in July of 2022 (A-2022-0134) for the coffee shop drive-through. The project was conditioned to operate from 6AM to 10PM per the recorded development agreement unless otherwise modified through a subsequent development agreement modification. The adjacent residence is the one most affected but he did testify at the CUP hearing in support of the project. Staff has not received any further correspondence from this property owner. Therefore, Staff is recommending this parcel be removed from the existing DA and placed into its own for the purpose of governing this lot and relaxing the hours of operation from 5am-10pm. Written Testimony: David Palumbo – expressed concerns with the continued growth in Meridian Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0060, as presented in the staff report for the hearing date of September 13, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0060, as presented during the hearing on September 13, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0060 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting September 13, 2022 Item #1: Shops at Victory MDA- Proposed DA Provisions 0019).-2022-0029 and H-2016-0019 as depicted in Section V below and the previous conditions of approval for the subject site: H-2022-approved by CZC AFuture development of this site shall be generally consistent with the site layout, landscape plan and building elevations as e.associated with the Shops at Victory subdivision.egress agreement for the three (3) parcels -access/ingress-Owner/Developer shall maintain and adhere to the recorded cross d.to/from the site are prohibited.development agreement for the Shops at Victory Development Agreement (Inst# 111032845). Any other vehicular access points out access to/from Victory Road, as shown on the City approved site plan included in the -in/right-access and one right-lout access to/from Eagle Road and one ful-in/right-access and one right-Access to this site shall only be provided from one full c.report attached in the original development agreement for the Shops at Victory Development Agreement (Inst# 111032845).aff stcertain areas adjacent to the residential property to the south and east, per the landscape plan attached in Exhibit A of theFuture development shall adhere to the previous approvals for Alternative Compliance for a reduced landscape buffer width in b.be restricted to the hours between 5am and 10pm.ll shaHours of operation for any business on the subject property (3300 S. Eagle Road, Lot 1 Block 1 of the Shops at Victory Sub.) a. Item #2: Torino Locust Grove Subdivision AZ and SHP AerialZONING MAP Short Plat / Landscape Plan extendedCommon lot to be be constructedCommon driveway to w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Shops at Victory (H-2022-0060) by WL Victory Crossings, LLC, located at 3300 S. Eagle Rd. Application Materials: https://bit.ly/H-2022-0060 A. Request: Development Agreement Modification to change opening hours of operation for a drive-through coffee establishment from 6am to 5am. PUBLIC HEARING SIGN IN SHEET DATE : September 13 , 2022 ITEM # ON AGENDA : 1 PROJECT NAME : Shops at Victory ( H - 20 M060 ) 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 , v f� • �� ,� � .� 3DD - �Q � �i1�2 - �T 2 Vj F,-0A&re- s � � 3 4 � 5 �I 6 7 i 8 9 10 11 12 13 14 C� f1E NDD-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 09/13/2022 Legend C LFO �R8 � DATE: �L/� _ R�B� J��Project Location TO: Mayor&City Council RUT FROM: Alan Tiefenbach,Associate Planner Rr8 _ 1.5 Joseph Dodson,Associate Planner 0 RUT Rl Li 208-884-5533 RUT ffEff? RUT SUBJECT: H-2022-0060 -8 RUT R Shops at Victory-MDA R-4 LOCATION: SEC of S. Eagle Rd. and E.Victory Rd. RUT R'2 FP FT� I. PROJECT DESCRIPTION Development Agreement Modification to change allowed opening hours for an approved drive- through establishment from 6AM to 5AM at 3300 S. Eagle Road. II. SUMMARY OF REPORT A. Applicant/Representative: Ken Lenz,White Leasure Development—8385 W. Emerald St,Boise ID 83701 B. Owner: WL Victory Crossings LLC—8385 W. Emerald St, Boise ID 83701 III. STAFF ANALYSIS The property is 0.84 acres in area, zoned C-C, and is one of three commercial lots comprising the Shops at Victory Development which was annexed in 2008 (AZ-008-007,PP-08-006,DA Inst. #111032845). The existing Development Agreement allows all uses allowed in the C-C zoning district,with hours of operation limited to 6am to IOpm due to the adjacent residences to southeast and east. Alternative Compliance was approved as part of the annexation to allow a residential buffer with widths as little as 10 feet where 25 feet is typically required along the south and eastern property lines,with a condition that a 6 ft tall Verti-Crete wall be constructed within the reduced buffer—much of this buffer does meet the standard 25-foot width. The final plat for this property was completed in 2016 after four time-extensions were approved(H-2016-0029). The Rite Aid on the hard corner Page 1 received administrative approvals in 2015 (A-2015-0061)with construction occurring in 2016. The eastern most commercial has received conditional use permit approval and administrative approvals to construct a daycare center but construction of that facility has not yet started(H-2021-0003 &A- 2021-0072,respectively). In May of 2022,a conditional use permit(CUP)was approved for this subject property(3300 S. Eagle)to allow a drive-through establishment within 300 feet of an existing residence and another drive through facility(H-2022-0019); a CZC was issued in July of 2022 (A-2022-0134) for the coffee shop drive-through. With the CUP,the applicant mentioned their desire for an opening time of 5AM rather than the 6AM noted in the DA. As this was a development agreement requirement,the project was conditioned to operate from 6AM to 1 OPM per the recorded development agreement unless otherwise modified through a subsequent development agreement modification. There is an existing single-family residence on a 5-acre lot directly east and south of the subject property. This would be the property owner most impacted by any proposed changes to the allowed hours of operation. At the time of the CUP for the drive through establishment,the property owner submitted a letter in support stating the applicant had been very receptive to all their requests with the initial development,they had installed a Verti-Crete fence along their property line that was higher quality than would have been required,ensured lighting impacts were mitigated and expressed their faith that the applicant's choice of location was acceptable. Staff has not received any further correspondence from this property owner.North of the subject property is the existing Rite Aid and S. Eagle Rd is to the west so Staff finds the proposed additional hour of operation in the morning should not have any impact on the existing commercial use. The existing development agreement states"The applicant shall be responsible for all costs associated with the sewer and water service extension as set forth in Exhibit C attached hereto and by this reference incorporated herein as if set forth in full. Said costs shall be paid prior to commencement of any building construction."As of August 16,2022,this Applicant has paid their required proportionate share of this agreement and has satisfied this DA provision for the subject property. In addition,many of the existing provisions have been satisfied over the years and are no longer applicable for the subject site. Therefore, Staff is recommending this parcel be removed from the existing DA and placed into its own for the purpose of governing this lot in perpetuity. Staff s recommended DA provisions are below. IV. DECISION A. Staff: 1. Staff recommends the City Council approve the applicant's request for a development agreement modification and enter into a new DA with the following provisions at a minimum: a. Hours of operation for any business on the subject property(3300 S. Eagle Road,Lot 1 Block 1 of the Shops at Victory Sub.) shall be restricted to the hours between 5am and lOpm. b. Future development shall adhere to the previous approvals for Alternative Compliance for a reduced landscape buffer width in certain areas adjacent to the residential property to the south and east,per the landscape plan attached in Exhibit A of the staff report attached in the original development agreement for the Shops at Victory Development Agreement(Inst# 111032845). c. Access to this site shall only be provided from one full-access and one right-in/right-out access to/from Eagle Road and one full-access and one right-in/right-out access to/from Victory Road, as shown on the City approved site plan included in the development Page 2 agreement for the Shops at Victory Development Agreement(Inst# 111032845). Any other vehicular access points to/from the site are prohibited. d. Owner/Developer shall maintain and adhere to the recorded cross-access/ingress-egress agreement for the three(3)parcels associated with the Shops at Victory subdivision. e. Future development of this site shall be generally consistent with the site layout, landscape plan and building elevations as approved by CZC A-2022-0019 as depicted in Section V below and the previous conditions of approval for the subject site: H-2016-0029 and H-2022- 0019). Page 3 V. EXHIBITS A. Approved CZC Site Plan --J 1 I mlcrlomlrl� � . 'I I I w 1 I 1 e�mnstisnllo ° : I I I 1 1 Ilr I 1 # » 1 el�aarar I -'------'77 46 JO 1 t'' J — T� Y______ � Y '• .: ` 'F.* H+ ♦+ill I I a �srm� 1 . 1 I I i j +p +� + r'F i •+w id 3 :i.�. . J e .;nc L II i .. . . '+rr t'�-J'tr'r»r»+'+ it .r„ti �'l'�S.tiJ.i tJ_tis—t IJ_f.r.r_t'7.f.r'f.f.f�r- J I I I � J 1 i xl i •.., J 1 4� 1 I I mr I Page 4 B. Approved CZC Landscape Plan L fTlilirW ill % -------------- •tea-_��SF��--_-��5��, Q r h*r i r �� %� ,i� �•.i.r r r.ti _ __I .�±YfJfJ,•=�.4±4±4jJ,�J,•T�.4±V`V`�T .V+V+V, k« - .�•.Y,•],•],=.4•.4•.q,•],TJ,T.4•.q.V•' V•.V•.q•J I ' _ .J•}J�•ti•.•: n•.ti•.ti•.•r.•;ti• .ti•.'.•}:;=}. •.J•?.J•:i:�'�•:C• .ti:• ':�:':':':»:• I p _ - - _ - - °:o ..`��..`nr': :o:'r:;r:`:n:o: :'r:`:�ti:'oho:: ':�':o:�r:�y`c?.'•y' ra`a,}v�n.�r: — J-1 - n •.,•. : + + l Page 5 C. Approved CZC Elevations ------------------ :. � -- - - _PAE; , (-,-)TRUE THRU ELEVATION (FRONT ELEVATION .cwmynu I.a.Noxa„w. •—••••.•��—_ uioa.E -.�.. _ —_raoETOP Pnuwn,_—_—_ T9 --_-TAB PAPwPET 6�' PMAI L FF�9 ------- -----EI (SIDE ELE' ATION (REAR ELEVATION Page 6 C. Existing Development Agreement Provisions 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The applicant shall be responsible for all costs associated with the sewer and water service extension as set forth in Exhibit C attached hereto and by this reference incorporated herein as if set forth in full. Said costs shall be paid prior to commencement of any building construction. 2. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7- 517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with_UDC 11-3D. 4. The request for Alternative Compliance for a reduced buffer width in certain areas adjacent to the residential property to the south, is approved per the landscape plan attached in Exhibit A of the staff report and in accordance with the DA provisions and conditions of approval noted in the Shops at Victory staff report. 5. Construct a minimum 6-foot tall verti-crete wall adjacent to the residential property to the south in the areas where the buffer width is below the required 25-feet, as shown on the fencing plan in Exhibit A_5, as approved through Alternative Compliance with this application. Construct a minimum 6-foot tall solid vinyl fencing in all other areas along the perimeter boundary adjacent to residential uses. All fencing shall be constructed in accordance with the standards listed in UDC 1 1-3A-7C. Page 7 6. Provide a minimum 5400t wide detached sidewalk along bath Eagle Road and victory Road beyond the ultimate right-or-way of the reconstructed and widened intersection. Said sidewalk shall extend across the Aldridge property along Eagle Road to Falcon Drive and be located within a public pedestrian easement. 7. Access to this site shall only be provided from one full-access and one right-inlright-out access to/from Eagle Road and one full-access and one right-inlright-out access toffi`om Victory Road, as proposed by the applicant, as shown on the City approved site plan attached hereto as Exhibit❑ and by this reference incorporated herein as if sct forth in full. Any other vehicular access paints to/from the site are prohibited. 8. A cross-access/ingress-egress easement shall be recorded to/from Eagle Road and Victory Road benefitting all lots within the subdivision. 9. Provide a pedestrian connection (pathway and break in the fence) from this site to the future pathway in Harcourt Subdivision. 10. A minimum of 2 buildings shall he constructed on the site and the maximum building footprint of any one building shall not exceed 20,000 square feet, 11. Hours of operation for the businesses within this development shall be restricted to the hours between 6 am and 10 pm. 12. The Applicant shall comply with the tree preservation standards listed in UDC 1 1-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. The applicant's proposal to plant trees along the southern and eastern properly boundaries as mitigation for trees removed from the site is approved per the landscape plan included in Exhibit A of the staff report. l3. The detailed site plan and building elevations submitted with any future CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of the staff report. 14. The Applicant shall submit a letter of Final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council and publication of the ordinance in the newspaper. Page 8 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Torino Locust Grove Subdivision (H-2022-0038) by Jeremy Rausch, Located at 870 S. Locust Grove Rd. Application Materials: https://bit.ly/H-2022-0038 A. Request: Annexation and Zoning of 1.03 acres of land from R-1 in Ada County to the R-8 zoning district. PUBLIC HEARING SIGN IN SHEET DATE : September 13 , 2022 ITEM # ON AGENDA : 2 & 3 PROJECT NAME : Torino Locust Grove Subdivision ( H = 2022 = 0038 ) & ( SHP = 2022 - 0008 ) 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 2 3 4 5 6 7 8 9 10 11 i 12 13 14 i STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/6/2022 Legend LL DATE: c 0 leiProject Lflca i�ar � TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-884-5533 SUBJECT: H-2022-0038 and SHP-2022-0008 � 1'-A Torino Locust Grove Subdivision LOCATION: 870 S. Locust Grove Rd. J I 00 I I. PROJECT DESCRIPTION Annexation of 1.03 acres of land with the R-8 zoning district,and short plat consisting of 4 residential building lots. II. SUMMARY OF REPORT A. Project Summary Description Details Pa e Acreage 1.03 Future Land Use Designation Medium Density Residential(MDR) Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 4 Lots Phasing Plan(#of phases) One phase Physical Features(waterways, No significant physical features. , hazards,flood plain,hillside) Neighborhood meeting date;#of March 17,2022 attendees: History(previous approvals) None Page 1 B. Community Metrics Description Details Page Access(Arterial/Collectors/State S.Locust Grove provides the only access to this property. Hwy/Local)(Existing and Proposed) Stub Street/Interconnectivity/Cross This proposal includes a 30 ft.wide common driveway Access from S.Locust Grove to serve the four lots. Staff recommends an easement beyond the end of this driveway to the eastern property line. Existing Road Network S.Locust Grove Existing Arterial Sidewalks/ There is an existing 7 ft wide sidewalk along the property Buffers frontage.A 25 ft wide landscape buffer will be required as a condition of approval. Proposed Road Improvements None. Fire Service The common driveway shall be signed"No Parking Fire Lane".When required by the Fire Marshall,"No Parking Fire Lane"signs shall be used per appendix D of the 2018 IFC. Signs shall be installed per ACHD standards. The bottom of the sign(s)should be 7' above the road/sidewalk surface shall not be in the travel way. The sign(s)shall be installed about 6"— 1'behind the curbing or edge of pavement on a Tels ar post. Police Service No Issues Wastewater • Flow is committed • Due to proximity of sewer service to infiltration trench,sleeve both service two feet past each side of the infiltration trench. Water • Due to proximity of water service to infiltration trench, sleeve both service 10 feet past each side for the infiltration trench. Page 2 C. Project Area Maps Future Land Use Map Aerial Map LL Legend o LegendtMI s� IPralect Lcoatinn ( Project Locailor 1�=Fis�ae All-N ..+�.l►.R�_y�i J J # Civic ry i_ Zoning Map Planned Development Map Legend 0 Legend o r f 0 Pro1ec- Lorca=or R-4M I Prefect Laca-fion O soak - P4 — Planned Parcels R- � R1 J J 1A{ VI{ I I - --- "Rol- �-L Page 3 III. APPLICANT INFORMATION A. Applicant/Representative/Owner(s): Jeremy Rausch— 1684 E Borzoi Ct,Meridian,ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 7/19/2022 8/21/2022 newspaper Notification mailed to property owners within 500' 7/14/2022 8/18/2022 Applicant posted public hearing n 7/25/2022 8/14/2022 notice sign on site Nextdoor posting 7/15/2022 8/18/2022 V. STAFF ANALYSIS A. Annexation and Zoning The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. The submitted legal description and boundary exhibit to appear to encompass the area of annexation. However,the exhibit also includes a previous lot configuration of three lots. Prior to recordation of the annexation ordinance,the applicant shall submit a revised boundary exhibit which correctly matches the legal description. B. Future Land Use Map Designation(hgps://www.meridianeity.org/eompplan) This property is designated as Medium Density Residential on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and is adjacent to the city limits. The majority of the properties in this area east of S. Locust Grove Road and north of 1-84 are rural residential,although there is land to the south of the subject property is recommended for commercial uses. The proposed density of 3.7 du/acre is well within the density range designation of the Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIIL.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies (https://www.meridianciiy.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Page 4 • Encourage infill development. (3.03.01E) Infill development is described as "development of vacant, skipped-over parcels of land in otherwise built-up areas."The subject property is within an area surrounded by City-zoned property; commercial property to the west(across S. Locust Grove Rd)and south (across I- 84), the Snorting Bull Subdivision (aka— Woodbridge) to the north (in the City), and rural residential in unincorporated Ada County to the east.Although the property is within a larger unincorporated area, these unincorporated properties are surrounded by the City limits. This would be considered an infill area. • "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 medium density single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development or in the general vicinity. R-8 zoning and detached single-family homes in unincorporated Ada County are abundant in this immediate area. • Plan for connectivity between annexed parcels and county enclaves that may develop at a higher intensity. (3.03.04A) The property proposes to take access from S. Locust Grove, a principal arterial, via a common driveway within a 30 ft. wide easement. Per UDC 11-3A-3,for any property that takes direct access to an arterial and/or collector roadway, where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street. Where access to a local street is not available, the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties. A new single-family residence has been built on the property to the north (820 S. Locust) and due to the position of the new structures there is not feasible access between it and the subject property. However, the house on the 0.92-acre property directly to the east(903 S. Tornio Ave) takes access directly from S. Torino Ave, a local road.As this property is within an unincorporated area characterized by houses constructed in the 1970s and is designated for medium density residential, annexation and redevelopment of this area could occur in the future. As a condition of approval,staff recommends the common drive extend to the eastern property line within a 30 ft. easement, so when the properties to the east are annexed into the city for redevelopment, access to the subject property can occur(via a private road) from S. Torino Ave and the S.Locust Grove access can be closed. • "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 along S. Locust Grove Rd. and can be extended by the developer with development in accord with UDC 11-3A-21. Staff finds this development to be generally consistent with the Comprehensive Plan. D. Existing Structures/Site Improvements: The property is presently vacant. Page 5 E. Proposed Use Analysis: The proposed use would be single family residential. This is a permitted use in the R-8 zoning district. F. Dimensional Standards(UDC 11-2): All proposed lots appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages, and road widths.Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3,including but not limited to streets,common driveways and block face. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3)regarding common driveways. A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. G. Specific Use Standards(UDC 11-4-3): As required,only one(1) single-family dwelling is proposed per property. H. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): As this subdivision is only for four lots,the applicant has not submitted building elevations. However, due to the proximity to S.Locust Grove and visibility of the lots,staff recommends a development agreement provision that requires building elevations visible from S.Locust Grove Rd to incorporate a variety of building materials and articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement.Planning approval will be required at time of building permit. I. Access(UDC 11-3A-3, 11-3H-4): The subject lot presently takes access from S. Locust Grove Rd. As already mentioned in the Comprehensive Plan analysis above,per UDC 11-3A-3, for any property that takes direct access to an arterial and/or collector roadway,where access to a local street is available,the applicant shall reconfigure the site circulation plan to take access from such local street.Where access to a local street is not available,the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties.As the properties directly to the east(as well as numerous other properties)are within unincorporated Ada County and could annex and redevelop in the future, Staff is recommending the common driveway shown in the short plat be extended to the eastern property line in a 30 ft wide easement. If the property to the east develops, access to the subject property shall occur(via a private road)from S. Torino Ave and the S. Locust Grove access be closed or used for emergency access only. J. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. Page 6 K. Sidewalks/Parkways(UDC 11-3A-17): Sidewalk already exists along the S. Locust Grove Rd property frontage. L. Landscaping(UDC 11-3B): The applicant will be required to install a 25' wide buffer along S. Locust Grove Rd. as is required for arterial streets. Per UDC 11-3B-7, all street landscape buffers shall be on a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owners'association. This is not reflected as such on the plat. Staff has added this as a condition of approval prior to City Engineer signature. The landscape plan does not indicate whether there are any existing trees on the property that meet the preservation requirements of UDC 11-313-10. This should be reflected on the landscape plan prior to City Engineer signature. M. Fencing(UDC 11-3A-6, 11-3A-7): All fencing will be required to comply with the standards listed in UDC 11-3A-7. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VII.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on August 4,2022.At the public hearing,the Commission voted to recommend approval of the subject AZ and SHP request. 1. Summary of Commission public hearing_ a. In favor: Jeremy Rausch b. In opposition: Stan and Elaine Sears,Patricia Christensen,Jeanette Tanner and Ryan and Glenna Newby c. Commenting. None d. Written testimony: See above in the opposition section. e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. key issue(s)of discussion by Commission: a. Extension of the common driveway to the eastern boundary. 4. Commission change(s)to Staff recommendation: a. Commission modified DA provision b. 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 7 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit AAINEXATION PROPERTY DESCRIPTION FOR JBI ELEMENTAL 870 S. Locust Grove A parcel ofIand lying in the NW1A SW114 of Section 17, Township 3 North,Range I East,Boise Meridian,Ada County, Idaho,said parcel being more particularly described as follows! Commencing at a Brass Cap marking the South West corner of said Section 17, from which a Brass Crap marking the West 1/4 corner bears N.00°30'32"E. 2659.49 feet; thence along the West line of said Section 17 N.00°30'32"E. 2359.49 feet to a point,said point being the POINT OF BEGINNING; Thence continuing N.00"30'32"E. 150.00 feet to a point; Thence S.89°58'54"E. 300.00 feet to a 112 inch iroii pin; Thence S.00°30'32"W. 150.00 feet to a 112 inch iron pin; Thence N.89°58'54"W. 300.00 feet to the POINT OF BEGINNING. Said parcel contains 1.63 acres,more or less, and is subject to all existing easements and right-of;ways of record or implied. 16 15758 Page 8 8 C rwrr of ocowNw LNPLATTm See'Sa'S+'[ SnB-9E 31�E_YJY.W 2 �UL 83.47 94.09` 61,SC 3 4. RM T a a g n . a I 6' I'g ¢ �L9�509 96 pA1 4 I 54 Sr -F'� 1L� ~ C7 SA9-53' ;a'E V • B7 Sr � �e _y __—_ _____ � —._.5._._._-- B.l 11, 31.0if '# n 118i'S6 'JF'7f I _ — +, Sr 1 PfiVAIE Oi1NE1nkY S6']7rfI S__— k---� ,cars' I� 05' "E 0.7Y 8472' aL—+ ----..._----B4.08' __.----- ----------81.20•_--d 0Qb'J_ ITT®N W'w 549R 96200' — — — � 41p9� pp• I E= 1 B 1? cF — — ba mibmy Lmr NOTES SMI"LNE REFEOKC IS MACt lv AL tOLLOw Page 9 B. Short Plat(date: 5/20/2022) 2• I 10' IARICAnon EASEMENT I LOT 2 LOT 3 8775 ISF 8775 SF LOT F 'I LOT 4 17 ' 10124 SF -CCESS, DRAINAr,E. �Nd UT1UTY EASNENT tSEIAEl1T Y? Lw LH J SCAFE .• ❑C •� EXISTNG SIOEWALK - � I ' - ;h S LOCUST GROVE ROAD' sa+ - ,,, . LOCUST GROVE STA;24t34.,M - $I - SHARED DRIwEwAY STA; 'WQ.00 ' Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VII,Unified Development Code standards, and the provisions contained herein. b. The 20-foot common driveway shown in the short plat shall be extended to the eastern property line in a 30 ft wide ease me common lot and receive Fire Marshall approval to exceed 150 feet in accord with UDC 11-6C-3D. When the property to the east annexes into the City and develops,access to the subject property shall occur from S. Torino Ave. and the existing S. Locust Grove Road access shall be closed or used for emergency access purposes only. c. Building elevations visible from S. Locust Grove Rd shall incorporate a variety of building materials and articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. 2. Prior to City Engineer signature,the short plat shall be revised to indicate the street landscape buffers on a common lot or on a permanent dedicated buffer easement,maintained by a property owner, or homeowner's association per UDC 11-3B-7. 3. Prior to recordation of the annexation ordinance,the applicant shall submit a revised annexation boundary exhibit. 4. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 7. An exhibit shall be submitted with the short plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 8. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. Page 11 9. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 10. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 11. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Due to proximity of water service to the infiltration trench services must be sleeved for 10 feet past the trench on each side. 2. Due to proximity of sewer service to the infiltration trench services must be sleeved for 2 feet past the trench on each side. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for Page 12 more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. 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. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. Page 13 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. ADA COUNTY HIGHWAY DISTRICT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=266244&dbid=0&redo=MeridianCit V&cr=1 D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=266773&dbid=0&repo=MeridianCit X E. NMID https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=266212&dbid=0&redo=MeridianCit X Page 14 IX. FINDINGS A. ANNEXATION AND ZONING 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 annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the provisions in Section VIII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The Commission finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. The Commission and Council should consider any oral or written testimony that may be provided when determining this finding. 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 proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 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 if the property is developed in accord with the provisions in Section VII. B. SHORT PLAT In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Medium Density Residential with a density range of 3-8 du/acre. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 15 The Commission finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; The Commission finds that the development will not require major expenditures for providing supporting services.The developer and/or future lot owner(s)will finance improvements for sewer, water,utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health,safety or general welfare; and The Commission finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. The Commission is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 16 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Torino Locust Grove Subdivision (SHP-2022-0008) by Jeremy Rausch, located at 870 S. Locust Grove Rd. Application Materials: https:Hbit.ly/SHP-2022-0008 A. Request: Short Plat consisting of 4 buildable lots on 0.87 acres of land in the R-8 zoning district. PUBLIC HEARING SIGN IN SHEET DATE : September 13 , 2022 ITEM # ON AGENDA : 2 & 3 PROJECT NAME : Torino Locust Grove Subdivision ( H = 2022 = 0038 ) & ( SHP = 2022 - 0008 ) 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 2 3 4 5 6 7 8 9 10 11 i 12 13 14 i STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/6/2022 Legend LL DATE: c 0 leiProject Lflca i�ar � TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-884-5533 SUBJECT: H-2022-0038 and SHP-2022-0008 � 1'-A Torino Locust Grove Subdivision LOCATION: 870 S. Locust Grove Rd. J I 00 I I. PROJECT DESCRIPTION Annexation of 1.03 acres of land with the R-8 zoning district,and short plat consisting of 4 residential building lots. II. SUMMARY OF REPORT A. Project Summary Description Details Pa e Acreage 1.03 Future Land Use Designation Medium Density Residential(MDR) Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 4 Lots Phasing Plan(#of phases) One phase Physical Features(waterways, No significant physical features. , hazards,flood plain,hillside) Neighborhood meeting date;#of March 17,2022 attendees: History(previous approvals) None Page 1 B. Community Metrics Description Details Page Access(Arterial/Collectors/State S.Locust Grove provides the only access to this property. Hwy/Local)(Existing and Proposed) Stub Street/Interconnectivity/Cross This proposal includes a 30 ft.wide common driveway Access from S.Locust Grove to serve the four lots. Staff recommends an easement beyond the end of this driveway to the eastern property line. Existing Road Network S.Locust Grove Existing Arterial Sidewalks/ There is an existing 7 ft wide sidewalk along the property Buffers frontage.A 25 ft wide landscape buffer will be required as a condition of approval. Proposed Road Improvements None. Fire Service The common driveway shall be signed"No Parking Fire Lane".When required by the Fire Marshall,"No Parking Fire Lane"signs shall be used per appendix D of the 2018 IFC. Signs shall be installed per ACHD standards. The bottom of the sign(s)should be 7' above the road/sidewalk surface shall not be in the travel way. The sign(s)shall be installed about 6"— 1'behind the curbing or edge of pavement on a Tels ar post. Police Service No Issues Wastewater • Flow is committed • Due to proximity of sewer service to infiltration trench,sleeve both service two feet past each side of the infiltration trench. Water • Due to proximity of water service to infiltration trench, sleeve both service 10 feet past each side for the infiltration trench. Page 2 C. Project Area Maps Future Land Use Map Aerial Map LL Legend o LegendtMI s� IPralect Lcoatinn ( Project Locailor 1�=Fis�ae All-N ..+�.l►.R�_y�i J J # Civic ry i_ Zoning Map Planned Development Map Legend 0 Legend o r f 0 Pro1ec- Lorca=or R-4M I Prefect Laca-fion O soak - P4 — Planned Parcels R- � R1 J J 1A{ VI{ I I - --- "Rol- �-L Page 3 III. APPLICANT INFORMATION A. Applicant/Representative/Owner(s): Jeremy Rausch— 1684 E Borzoi Ct,Meridian,ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 7/19/2022 8/21/2022 newspaper Notification mailed to property owners within 500' 7/14/2022 8/18/2022 Applicant posted public hearing n 7/25/2022 8/14/2022 notice sign on site Nextdoor posting 7/15/2022 8/18/2022 V. STAFF ANALYSIS A. Annexation and Zoning The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. The submitted legal description and boundary exhibit to appear to encompass the area of annexation. However,the exhibit also includes a previous lot configuration of three lots. Prior to recordation of the annexation ordinance,the applicant shall submit a revised boundary exhibit which correctly matches the legal description. B. Future Land Use Map Designation(hgps://www.meridianeity.org/eompplan) This property is designated as Medium Density Residential on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and is adjacent to the city limits. The majority of the properties in this area east of S. Locust Grove Road and north of 1-84 are rural residential,although there is land to the south of the subject property is recommended for commercial uses. The proposed density of 3.7 du/acre is well within the density range designation of the Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIIL.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies (https://www.meridianciiy.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Page 4 • Encourage infill development. (3.03.01E) Infill development is described as "development of vacant, skipped-over parcels of land in otherwise built-up areas."The subject property is within an area surrounded by City-zoned property; commercial property to the west(across S. Locust Grove Rd)and south (across I- 84), the Snorting Bull Subdivision (aka— Woodbridge) to the north (in the City), and rural residential in unincorporated Ada County to the east.Although the property is within a larger unincorporated area, these unincorporated properties are surrounded by the City limits. This would be considered an infill area. • "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 medium density single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development or in the general vicinity. R-8 zoning and detached single-family homes in unincorporated Ada County are abundant in this immediate area. • Plan for connectivity between annexed parcels and county enclaves that may develop at a higher intensity. (3.03.04A) The property proposes to take access from S. Locust Grove, a principal arterial, via a common driveway within a 30 ft. wide easement. Per UDC 11-3A-3,for any property that takes direct access to an arterial and/or collector roadway, where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street. Where access to a local street is not available, the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties. A new single-family residence has been built on the property to the north (820 S. Locust) and due to the position of the new structures there is not feasible access between it and the subject property. However, the house on the 0.92-acre property directly to the east(903 S. Tornio Ave) takes access directly from S. Torino Ave, a local road.As this property is within an unincorporated area characterized by houses constructed in the 1970s and is designated for medium density residential, annexation and redevelopment of this area could occur in the future. As a condition of approval,staff recommends the common drive extend to the eastern property line within a 30 ft. easement, so when the properties to the east are annexed into the city for redevelopment, access to the subject property can occur(via a private road) from S. Torino Ave and the S.Locust Grove access can be closed. • "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 along S. Locust Grove Rd. and can be extended by the developer with development in accord with UDC 11-3A-21. Staff finds this development to be generally consistent with the Comprehensive Plan. D. Existing Structures/Site Improvements: The property is presently vacant. Page 5 E. Proposed Use Analysis: The proposed use would be single family residential. This is a permitted use in the R-8 zoning district. F. Dimensional Standards(UDC 11-2): All proposed lots appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages, and road widths.Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3,including but not limited to streets,common driveways and block face. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3)regarding common driveways. A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. G. Specific Use Standards(UDC 11-4-3): As required,only one(1) single-family dwelling is proposed per property. H. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): As this subdivision is only for four lots,the applicant has not submitted building elevations. However, due to the proximity to S.Locust Grove and visibility of the lots,staff recommends a development agreement provision that requires building elevations visible from S.Locust Grove Rd to incorporate a variety of building materials and articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement.Planning approval will be required at time of building permit. I. Access(UDC 11-3A-3, 11-3H-4): The subject lot presently takes access from S. Locust Grove Rd. As already mentioned in the Comprehensive Plan analysis above,per UDC 11-3A-3, for any property that takes direct access to an arterial and/or collector roadway,where access to a local street is available,the applicant shall reconfigure the site circulation plan to take access from such local street.Where access to a local street is not available,the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties.As the properties directly to the east(as well as numerous other properties)are within unincorporated Ada County and could annex and redevelop in the future, Staff is recommending the common driveway shown in the short plat be extended to the eastern property line in a 30 ft wide easement. If the property to the east develops, access to the subject property shall occur(via a private road)from S. Torino Ave and the S. Locust Grove access be closed or used for emergency access only. J. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. Page 6 K. Sidewalks/Parkways(UDC 11-3A-17): Sidewalk already exists along the S. Locust Grove Rd property frontage. L. Landscaping(UDC 11-3B): The applicant will be required to install a 25' wide buffer along S. Locust Grove Rd. as is required for arterial streets. Per UDC 11-3B-7, all street landscape buffers shall be on a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owners'association. This is not reflected as such on the plat. Staff has added this as a condition of approval prior to City Engineer signature. The landscape plan does not indicate whether there are any existing trees on the property that meet the preservation requirements of UDC 11-313-10. This should be reflected on the landscape plan prior to City Engineer signature. M. Fencing(UDC 11-3A-6, 11-3A-7): All fencing will be required to comply with the standards listed in UDC 11-3A-7. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VII.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on August 4,2022.At the public hearing,the Commission voted to recommend approval of the subject AZ and SHP request. 1. Summary of Commission public hearing_ a. In favor: Jeremy Rausch b. In opposition: Stan and Elaine Sears,Patricia Christensen,Jeanette Tanner and Ryan and Glenna Newby c. Commenting. None d. Written testimony: See above in the opposition section. e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. key issue(s)of discussion by Commission: a. Extension of the common driveway to the eastern boundary. 4. Commission change(s)to Staff recommendation: a. Commission modified DA provision b. 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 7 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit AAINEXATION PROPERTY DESCRIPTION FOR JBI ELEMENTAL 870 S. Locust Grove A parcel ofIand lying in the NW1A SW114 of Section 17, Township 3 North,Range I East,Boise Meridian,Ada County, Idaho,said parcel being more particularly described as follows! Commencing at a Brass Cap marking the South West corner of said Section 17, from which a Brass Crap marking the West 1/4 corner bears N.00°30'32"E. 2659.49 feet; thence along the West line of said Section 17 N.00°30'32"E. 2359.49 feet to a point,said point being the POINT OF BEGINNING; Thence continuing N.00"30'32"E. 150.00 feet to a point; Thence S.89°58'54"E. 300.00 feet to a 112 inch iroii pin; Thence S.00°30'32"W. 150.00 feet to a 112 inch iron pin; Thence N.89°58'54"W. 300.00 feet to the POINT OF BEGINNING. Said parcel contains 1.63 acres,more or less, and is subject to all existing easements and right-of;ways of record or implied. 16 15758 Page 8 8 C rwrr of ocowNw LNPLATTm See'Sa'S+'[ SnB-9E 31�E_YJY.W 2 �UL 83.47 94.09` 61,SC 3 4. RM T a a g n . a I 6' I'g ¢ �L9�509 96 pA1 4 I 54 Sr -F'� 1L� ~ C7 SA9-53' ;a'E V • B7 Sr � �e _y __—_ _____ � —._.5._._._-- B.l 11, 31.0if '# n 118i'S6 'JF'7f I _ — +, Sr 1 PfiVAIE Oi1NE1nkY S6']7rfI S__— k---� ,cars' I� 05' "E 0.7Y 8472' aL—+ ----..._----B4.08' __.----- ----------81.20•_--d 0Qb'J_ ITT®N W'w 549R 96200' — — — � 41p9� pp• I E= 1 B 1? cF — — ba mibmy Lmr NOTES SMI"LNE REFEOKC IS MACt lv AL tOLLOw Page 9 B. Short Plat(date: 5/20/2022) 2• I 10' IARICAnon EASEMENT I LOT 2 LOT 3 8775 ISF 8775 SF LOT F 'I LOT 4 17 ' 10124 SF -CCESS, DRAINAr,E. �Nd UT1UTY EASNENT tSEIAEl1T Y? Lw LH J SCAFE .• ❑C •� EXISTNG SIOEWALK - � I ' - ;h S LOCUST GROVE ROAD' sa+ - ,,, . LOCUST GROVE STA;24t34.,M - $I - SHARED DRIwEwAY STA; 'WQ.00 ' Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VII,Unified Development Code standards, and the provisions contained herein. b. The 20-foot common driveway shown in the short plat shall be extended to the eastern property line in a 30 ft wide ease me common lot and receive Fire Marshall approval to exceed 150 feet in accord with UDC 11-6C-3D. When the property to the east annexes into the City and develops,access to the subject property shall occur from S. Torino Ave. and the existing S. Locust Grove Road access shall be closed or used for emergency access purposes only. c. Building elevations visible from S. Locust Grove Rd shall incorporate a variety of building materials and articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. 2. Prior to City Engineer signature,the short plat shall be revised to indicate the street landscape buffers on a common lot or on a permanent dedicated buffer easement,maintained by a property owner, or homeowner's association per UDC 11-3B-7. 3. Prior to recordation of the annexation ordinance,the applicant shall submit a revised annexation boundary exhibit. 4. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 7. An exhibit shall be submitted with the short plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 8. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. Page 11 9. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 10. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 11. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Due to proximity of water service to the infiltration trench services must be sleeved for 10 feet past the trench on each side. 2. Due to proximity of sewer service to the infiltration trench services must be sleeved for 2 feet past the trench on each side. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for Page 12 more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. 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. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. Page 13 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. ADA COUNTY HIGHWAY DISTRICT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=266244&dbid=0&redo=MeridianCit V&cr=1 D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=266773&dbid=0&repo=MeridianCit X E. NMID https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=266212&dbid=0&redo=MeridianCit X Page 14 IX. FINDINGS A. ANNEXATION AND ZONING 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 annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the provisions in Section VIII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The Commission finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. The Commission and Council should consider any oral or written testimony that may be provided when determining this finding. 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 proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 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 if the property is developed in accord with the provisions in Section VII. B. SHORT PLAT In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Medium Density Residential with a density range of 3-8 du/acre. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 15 The Commission finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; The Commission finds that the development will not require major expenditures for providing supporting services.The developer and/or future lot owner(s)will finance improvements for sewer, water,utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health,safety or general welfare; and The Commission finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. The Commission is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 16 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Ordinance 22-1994: An Ordinance Amending Meridian City Code Section 1-9- 4(C), Regarding Appropriation of Funds for the Meridian Arts on Public Spaces Program, Repealing Conflicting Ordinances, and Providing an Effective Date. CITY OF MERIDIAN ORDINANCE NO. 22-1994 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 1-9-4(C), REGARDING APPROPRIATION OF FUNDS FOR THE MERIDIAN ARTS IN PUBLIC SPACES PROGRAM; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Meridian City Council values public art because it enables Meridian residents and visitors to experience art in the course of daily life, beautifies our community, supports economic development, and makes Meridian unique; and WHEREAS, funds appropriated pursuant to the Meridian Arts in Public Spaces (MAPS) ordinance have successfully funded public art projects in the Meridian community, and City Council seeks to bolster this programming; and WHEREAS, at its meeting on July 14, 2022, the Meridian Arts Commission voted unanimously to recommend that the MAPS ordinance be updated as set forth herein, in order to increase potential funding for public arts programming in Meridian; WHEREAS,Meridian City Council finds that it is in the best interest of the people of Meridian to amend the MAPS ordinance to remove the limitation on funds to be appropriated pursuant thereto; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 1-9-4(C) shall be amended as follows: Funds appropriation. City Council shall, on an annual basis, appropriate for the MAPS program an amount from the general fund equivalent to fifty cents ($0.50)per resident, as estimated by the current annual population estimate adopted by the Community Planning Association of Southwest Idaho. Annually, no more than fifty thousand dollars ($50 nnn nm f genera funds shall be appropriated for-the MAPS pr-egfam. Nothing contained in this section shall preclude funding of art by grants, matching monies, donations, or other means. Section 2. That all City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 13th day of September, 2022. MAPS FUND ORDINANCE PAGE 1 APPROVED by the Mayor of the City of Meridian, Idaho, this 13th day of September, 2022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk MAPS FUND ORDINANCE PAGE 2 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 th pu c to $01 .J William L. M. Nar , City Attorn SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 22 =1994 An ordinance amending Meridian City Code section 1 -94(Q, regarding appropriation of funds for the Meridian Arts In Public Spaces program; repealing conflicting ordinances; and providing an effective date . MAPS FUND ORDINANCE PAGE 3 w IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 22-1992: An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 21-1945, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2021 and Ending September 30, 2022 (FY2022), By Increasing Total Appropriations from $185,198,969 to $194,955,456, Increasing Total Revenue from $118,834,794 to $122,284,158, and Increasing the Use of Fund Balance from $66,364,175 to $72,671,298; and Providing an Effective Date CITY OF MERIDIAN ORDINANCE NO. 22-1992 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER HOAGLUN, PERREAULT, STRADER AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 21- 1945, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022 (FY2022), BY INCREASING TOTAL APPROPRIATIONS FROM $185,198,969 TO $194,955,456, INCREASING TOTAL REVENUE FROM$118,834,794 TO$122,284,158,AND INCREASING THE USE OF FUND BALANCE FROM $66,364,175 TO $72,671,298; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, STATE OF IDAHO: Section 1. That Ordinance No. 21-1945, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1, 2021 and ending September 30, 2022 be and the same is hereby amended as follows: Capital Improvement Fund - 55 FY2022 FY2022 FY2022 Original Budget Amendments Final Budget Revenues Total Revenue $ - $ - Expenditures Operating Administration $ - $ - Fire $ - $ - Police $ - $ - Parks $ - $ - TotalOperating $ - $ - $ - Capital Administration $ - $ - $ - Fire $ 7,322,334 $ 2,229,240 $ 9,551,574 Police $ - $ 2,320,775 $ 2,320,775 Parks $ - $ - $ - Total Capital $ 7,322,334 $ 4,550,015 $ 11,872,349 Carryforward - Operating Administration $ - Fire $ - Police $ - Parks $ - Carryforward - Operating $ - $ - $ - AMENDMENT TO BUDGET ORDINANCE NO.21-1945—FY2022 Budget-Page 1 of 7 Carryforward - Capital Administration $ - $ - Fire $ - $ - Police $ 2,661,520 $ 480,685 $ 3,142,205 Parks $ 24,077 $ 24,077 Carryforward -Capital $ 2,685,597 $ 480,685 $ 3,166,282 Total Carryforward $ 2,685,597 $ 480,685 $ 3,166,282 Total Expenditures $ 10,007,931 $ 5,030,700 $ 15,038,631 Transfers $ (196,412) $ - $ (196,412) Total Expenditures with Transfers $ 9,811,519 $ 5,030,700 $ 14,842,219 (Use)/Addition of Fund Balance $ (9,811,519) $ (14,842,219) Enterprise Fund - 60 - 65 FY2022 FY2022 FY2022 Original Budget Amendments Final Budget Revenues Water/Sewer Sales $ 28,034,077 $ 28,034,077 Other Sources $ 18,502,663 $ 18,502,663 Total Revenue $ 46,536,740 $ - $ 46,536,740 Expenditures Personnel Utility Billing $ 557,712 $ (1,647) $ 556,065 Public Works $ 4,852,683.45 $ 34,343 $ 4,887,026 Water $ 2,674,812 $ 21,107 $ 2,695,920 Wastewater $ 4,084,597 $ 26,083 $ 4,110,680 Total Personnel $ 12,169,805 $ 79,886 $ 12,249,691 Operating Utility Billing $ 754,440 $ (0) $ 754,440 Public Works $ 702,174 $ 357,382 $ 1,059,556 Water $ 3,902,271 $ (50,001) $ 3,852,271 Wastewater $ 4,238,515 $ (325,000) $ 3,913,515 Total Operating $ 9,597,400 $ (17,619) $ 9,579,782 Total Personnel and Operating $ 21,767,205 $ 62,267 $ 21,829,473 Capital Utility Billing $ - $ - Public Works $ - $ 17,618 $ 17,618 Water $ 5,674,000 $ 2,372,352 $ 8,046,352 Wastewater $ 13,575,000 $ 304,001 $ 13,879,001 Total Capital $ 19,249,000 $ 2,693,970 $ 21,942,970 AMENDMENT TO BUDGET ORDINANCE NO. 21-1945—FY2022 Budget-Page 2 of 7 Carryforward - Capital Utility Billing $ - $ - Public Works $ 17,619 $ - $ 17,619 Water $ 6,807,204 $ (1,456,515) $ 5,350,689 Wastewater $ 20,959,974 $ (2,372,683) $ 18,587,291 Total Carryforward - Capital $ 27,784,797 $ (3,829,198) $ 23,955,599 Total Carryforward $ 28,707,538 $ (4,331,491) $ 24,376,047 Total Expenditures $ 69,723,743 $ (1,575,253) $ 68,148,490 Transfers $ 3,326,340 $ - $ 3,326,340 Total Expenditures with Transfers $ 73,050,083 $ (1,575,253) $ 71,474,829 (Use)/Addition of Fund Balance $ (26,513,343) $ 1,575,253 $ (24,938,089) Governmental Funds (01 ,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) FY2022 FY2022 FY2022 Original Budget Amendments Final Budget Revenues Property Taxes $ 42,424,938 $ - $ 42,424,938 Other Revenue $ 29,873,116 $ 3,449,364 $ 33,322,480 Total Revenue $ 72,298,054 $ 3,449,364 $ 75,747,418 Expenditures Personnel Administration $ 6,913,332 $ (139,285) $ 6,774,047 Fire $ 13,704,683 $ 216,656 $ 13,921,339 Police $ 22,230,167 $ 247,536 $ 22,477,703 Parks $ 4,135,351 $ 108,596 $ 4,243,947 Community Development $ 4,746,790 $ 28,806 $ 4,775,596 Total Personnel $ 51,730,323 $ 462,310 $ 52,192,633 Operating Administration $ 3,942,618 $ 892,902 $ 4,835,520 Fire $ 2,242,632 $ 284,637 $ 2,527,269 Police $ 3,584,034 $ 311,463 $ 3,895,497 Parks $ 2,879,033 $ 1,197,346 $ 4,076,379 Community Development $ 2,052,618 $ 82,088 $ 2,134,706 Total Operating $ 14,700,935 $ 2,768,437 $ 17,469,372 Total Personnel and Operating $ 66,431,258 $ 3,230,747 $ 69,662,005 Capital Administration $ 150,000 $ - $ 150,000 Fire $ 8,100,079 $ 1,533,405 $ 9,633,484 Police $ 5,399,300 $ (46,300) $ 5,353,000 Parks $ 18,222,255 $ 3,404,029 $ 21,626,284 Community Development $ - $ - $ - Total Capital $ 31,871,634 $ 4,891,134 $ 36,762,768 AMENDMENT TO BUDGET ORDINANCE NO. 21-1945—FY2022 Budget-Page 3 of 7 Carryforward - Personnel Administration $ - $ - $ - Fire $ - $ - $ - Police $ - $ - $ - Parks $ - $ - $ - Community Development $ - $ - $ - Total Carryforward - Personnel $ - $ - $ - Carryforward -Operating Administration $ 692,451 $ (76,827) $ 615,624 Fire $ - $ 19,000 $ 19,000 Police $ - $ 71,572 $ 71,572 Parks $ - $ 31,000 $ 31,000 Community Development $ - $ - $ - Total Carryforward - Operating $ 692,451 $ 44,746 $ 737,197 Carryforward -Capital Administration $ 362,194 $ (41,580) $ 320,614 Fire $ 2,585,093 $ (332,763) $ 2,252,330 Police $ 1,575,795 $ (1,083,429) $ 492,366 Parks $ 1,906,501 $ (396,833) $ 1,509,668 Community Development $ 42,367 $ (10,980) $ 31,387 Total Carryforward - Capital $ 6,471,950 $ (1,865,586) $ 4,606,364 Carryforward Administration $ 1,054,645 $ (118,406) $ 936,239 Fire $ 2,585,093 $ (313,763) $ 2,271,330 Police $ 1,575,795 $ (1,011,857) $ 563,938 Parks $ 1,906,501 $ (365,833) $ 1,540,668 Community Development $ 42,367 $ (10,980) $ 31,387 Total Carryforward $ 7,164,401 $ (1,820,840) $ 5,343,561 Total Expenditures $ 105,467,293 $ 6,301,041 $ 111,768,334 Transfers $ (3,129,926) $ - $ (3,129,926) Total Expenditures with Transfers $ 102,337,367 $ 6,301,041 $ 108,638,408 (Use)/Addition of Fund Balance $ (30,039,313) $ (2,851,676) $ (32,890,990) AMENDMENT TO BUDGET ORDINANCE NO. 21-1945—FY2022 Budget-Page 4 of 7 Total Budget - All Funds FY2022 FY2022 FY2022 Original Budget Amendments Final Budget Revenues Total Revenue $ 118,834,794 $ 3,449,364 $ 122,284,158 Expenditures Total Personnel and Operating $ 88,198,464 $ 3,293,014 $ 91,491,478 Total Capital $ 58,442,968 $ 12,135,120 $ 70,578,088 Total Carryforward $ 38,557,536 $ (5,671,647) $ 32,885,890 Total Expenditures $ 185,198,968 $ 9,756,487 $ 194,955,455 Transfers $ 2 $ - $ 2 Total Expenditures with Transfers $ 185,198,969 $ 9,756,487 $ 194,955,456 (Use)/Addition of Fund Balance $ (66,364,175) $ (6,307,123) $ (72,671,298) Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this 13th day of September, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 131h day of September, 2022. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk AMENDMENT TO BUDGET ORDINANCE NO. 21-1945—FY2022 Budget-Page 5 of 7 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 . 1 . William L . M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 22 4992 An Ordinance of the City of Meridian, Idaho amending Ordinance No . 214945 , the Appropriation Ordinance for the fiscal year beginning October 1 , 2021 and ending September 30, 2022 (FY2022) , by increasing total appropriations from $ 185 , 198 , 969 to $ 194, 955 ,456, increasing total revenue from $ 118 , 834,794 to $ 122,284, 158 , and increasing the use of fund balance from $ 66,364, 175 to $ 72,671 ,298 ; and providing an effective date . AMENDMENT TO BUDGET ORDINANCE NO . 214 945 — FY2022 Budget - Page 7 of 7 STATE OF IDAHO ) ) ss. County of Ada ) On this 13th day of September , 2022, 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 My Commission Expires: 3-28-2028 AMENDMENT TO BUDGET ORDINANCE NO.21-1945—FY2022 Budget-Page 6 of 7