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2022-11-01 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, November 01, 2022 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilman Joe Borton PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 1. Public Hearing and First Reading of Ordinance 22-2002: An Ordinance Amending Meridian City Code Section 6-2-1 Adding Definitions of Animal Control Agency, Animal Control Officer, Animal Control Shelter, At-Risk Dog, Bite, Dangerous Dog, Euthanasia, Justified Provocation, Physically Attack, Provoke, and Serious Injury, and Deleting Definition of Vicious Dog; Amending Meridian City Code Section 6-2-2, Regarding Animal Control Officers, City Animal Shelter, and Animal Control Agency; Repealing and Replacing Meridian City Code Section 6-2-6, Regarding Designation and Management of Dangerous or At-Risk Dogs; Amending Meridian City Code Section 6-2-8(P), Regarding Failure to Comply With Provisions Regarding Dangerous and At-Risk Dogs; Repealing Any Conflicting Ordinances; and Providing an Effective Date Public Hearing continued to November 9, 2022 2. Public Hearing continued from October 18, 2022 for Idak Subdivision (SHP-2022- 0010) by Sawtooth Land Surveying, located at 840 E. Ustick Rd. Approved Application Materials: https://bit.ly/SHP-2022-0010 A. Request: Short Plat to subdivide an existing single-family building lot into two (2) single-family building lots on approximately 2.09 acres in the R-2 zoning district. Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 3. Public Hearing for Slatestone Subdivision (H-2022-0039) by T-O Engineers, located at 2707 S. Stoddard Rd. Approved Application Materials: https://bit.ly/H-2022-0039 A. Request: Annexation and Zoning of 5.04 acres of land with a request for the R-8 zoning district. B. Request: Preliminary Plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilman Bernt, Councilman Hoaglun Voting Nay: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener Motion made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Hoaglun Voting Nay: Councilman Cavener 4. Public Hearing for Allure Subdivision (H-2022-0050) by Schultz Development, LLC., located at 5385 S. Meridian Rd., directly north of the half-mile mark on the west side of Meridian Rd. between E. Amity Rd. and E. Lake Hazel Rd. Approved Application Materials: https://bit.ly/H-2022-0050 A. Request: Rezone 39.39 acres of land from the R-4 to the TN-R zoning district. B. Request: Preliminary Plat consisting of 226 single-family building lots and 36 common lots on 37.34 acres in the requested TN-R zoning district. C. Request: Development Agreement Modification to terminate the existing agreement (Inst. #2016-007091) for the purpose of entering into a new agreement consistent with the proposed project and plat. Motion to approve made by Councilwoman Strader, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun ORDINANCES \[Action Item\] 5. Ordinance No. 22-2001: An Ordinance Amending Unified Development Code Section 11-1A-1 by Adding and Amending Certain Definitions; Amending Unified Development Code Section 11-2A-2, Table 11-2A-2, Concerning Allowed Uses in Residential Districts; Amending Unified Development Code Section 11-2B-2, Table 11-2B-2, Concerning Allowed Uses in Commercial Districts; Amending Unified Development Code Section 11-2D-2, Table 11-2D-2, Concerning Allowed Uses in Traditional Neighborhood Districts; Amending Unified Development Code Section 11-3-5 Concerning Pathways; Amending Unified Development Code Section 11-3A- 17(C) Concerning Sidewalks and Pathways; Amending Unified Development Code Section 11-3A-19(B) Concerning Structure and Site Design Standards; Amending Unified Development Code Section 11-3B-2(C) Concerning Applicability of Landscape Plans; Amending Unified Development Code Section 11-3b-5(O) Concerning Water Conserving Design Standards and Installation; Amending Unified Development Code Section 11-3B-7(C) Concerning Landscape Buffers Along Streets; Amending Unified Development Code Section 11-3C-5(A) Concerning Use and Design of Parking Areas; Amending Unified Development Code Section 11-3C-6, Table 11-3C-6, Concerning Required Parking Spaces for Residential Use; Amending Unified Development Code Section 11-3F-2 Concerning the Applicability of Private Street Requirements; Amending Unified Development Code Section 11-3F-4(A) Concerning Private Street Standards; Amending Unified Development Code Section 11-3G-4, Table 11-3G-4, Concerning Site Amenities; Amending Unified Development Code Section 11-3G-5(B) Concerning Improvements and Landscaping for Common Open Space; Amending Unified Development Code Section 11-4-3-10 Concerning Drinking Establishment Specific Use Standards; Amending Unified Development Code Section 11-4-3-12 Concerning Secondary Dwelling Specific Use Standards; Amending Unified Development Code Section 11-4-3-16 Concerning Adult Entertainment Establishment Specific Use Standards; Amending Unified Development Code Section 11-4-3-27(C) Concerning Common Space Design Requirements For Multi- Family Developments; Adding Unified Development Code Section 11-4-3-27(G) Concerning Police Access for Multi-Family Developments; Amending Unified Development Code Section 11-4-3-34(H) Concerning Self-Service Storage Facility Specific Use Standards; Amending Unified Development Code Section 11-4-3-41 Concerning Vertically Integrated Residential Project Specific Use Standards; Adding Unified Development Code Section 11-4-3-50 Concerning Live/Work Residential Project Specific Use Standards; Amending Unified Development Code Section 11-5A-2, Table 11-5A-2, Concerning Decision Making Authority and Process by Application; Amending Unified Development Code Section 11-5B-3(C) Concerning Annexations and Rezone Process; 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 Cavener, Councilman Hoaglun 6. Ordinance 22-2003: Amending Meridian City Code Section 1-1-3, Regarding Repeal of General Ordinances; Amending Meridian City Code Section 1-2-2, Regarding Application of Penalty; Amending Meridian City Code Section 1-5-1, Regarding Corporate Seal; Amending Meridian City Code Section 1-6-4(A)(3), Regarding Designated Positions in The Mayor’s Office; Amending Meridian City Code Section 1-7-10, Regarding Procedure for Request for Reconsideration; Deleting from Meridian City Code Section 3-4-1 Definitions of Subdivision Model Homes and Subdivision Real Estate Sales Offices; Adding a New Provision of Meridian City Code, Section 3-4-6(F), Regarding Time Limits for Promotional Sales Units; Repealing Meridian City Code Section 3-4-9, Regarding Temporary Use Permits for Subdivision Model Homes; Meridian City Code Section 3-4-10, Regarding Temporary Use Permits for Subdivision Real Estate Sales Offices; Repealing Title 3, Chapter 10, Meridian City Code, Regarding Adult Entertainment; Repealing Meridian City Code Sections 3-11-2, 3-11-3, And 3-11-5, Regarding Mobile Home Park Permits; Repealing Meridian City Code Section 4-2-5, Regarding Interfering with City Employee Or Official’s Entry onto Private or Public Property to Enforce City Code; Amending Meridian City Code Section 5-3-9(A), Regarding City Employee Authorized to Grant Exemption From IDEQ Burning Restrictions; Repealing Meridian City Code Sections 5-3-10 And 6-2-9, Severability Clauses; Amending Meridian City Code Section 6-4-1, Regarding Curfew; Repealing Meridian City Code Section 6-4-2, Regarding Minors’ Possession and Smoking of Cigarettes; Amending Meridian City Code Section 7-1-6(A), Regarding Speeding in Parks and Alleys; Amending Meridian City Code Section 7-1-8(A), Regarding U- Turns; Amending Meridian City Code Section 7-1-12, Regarding Negligent Driving; Repealing Meridian City Code Section 8-1-7, Severability Clause; Amending Meridian City Code Section 8-2-12, Regarding City Council Duty to Act; Repealing Meridian City Code Section 9-1-19(E), Regarding EPA Water Testing Charge Incorporated into Rates; Repealing Meridian City Code Section 9-1-23, Regarding City Council Authority to Amend Water Regulations and Rates; 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 Cavener, Councilman Hoaglun FUTURE MEETING TOPICS ADJOURNMENT 9:26 p.m. Meridian City Council November 1, 2022. A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, November 1, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton. Also present: Chris Johnson, Bill Nary, Joe Dodson, Steve Siddoway, Clint Dolsby, Shawn Harper, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X_ Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is November 1st, 2022, at 6:01 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance, which will be delivered tonight by Troop 62. If you would all, please, rise and join us in the pledge led by our scouts. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Thank you very much. It's been a long time since we have had a troop lead us in the pledge and so it's -- it's a nice addition back to our City Council meetings. Next up will be our community invocation, which will be delivered by Ben Blakey with Compass Bible Church. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Blakey: Please join me in prayer. Father in Heaven, as we begin a new month and a month in which we set aside time as a city, as a nation, to give thanks, I want to just begin this month by giving thanks to you for the City of Meridian. God, we thank you for what a wonderful place it is to live, to work, to raise a family, to worship. God, I want to thank you for these men and women here who lead our city and work hard to plan for our city, God, and I want to ask your blessing upon them. Give them wisdom as they continue to lead our city. Help them to make the best decisions. God, keep our community a unified Meridian City Council November 2,2022 Page 2 of 67 and safe and wonderful place to live, God, and we just ask that you would guide them even just in this meeting tonight and in everything they do on behalf of our city. We pray this in the name of Jesus Christ, amen. ADOPTION OF AGENDA Simison: Thank you. Now, we are to the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Strader: 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 Topic Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson Mr. Mayor, we did not. ACTION ITEMS 1. Public Hearing and First Reading of Ordinance 22-2002: An Ordinance Amending Meridian City Code Section 6-2-1 Adding Definitions of Animal Control Agency, Animal Control Officer, Animal Control Shelter, At-Risk Dog, Bite, Dangerous Dog, Euthanasia, Justified Provocation, Physically Attack, Provoke, and Serious Injury, and Deleting Definition of Vicious Dog; Amending Meridian City Code Section 6-2-2, Regarding Animal Control Officers, City Animal Shelter, and, Animal Control Agency; Repealing and Replacing Meridian City Code, Section 6-2-6, Regarding Designation and Management of Dangerous or At-Risk Dogs; Amending Meridian City Code Section 6- 2-8(P), Regarding Failure to Comply With Provisions Regarding Dangerous and At-Risk Dogs; Repealing Any Conflicting Ordinances; and Providing an Effective Date Simison: Okay. Then we will just jump right into our action items this evening. Our first item is a public hearing and first reading of Ordinance No. 22-2002. So, Mr. Nary, I have Meridian City Council November 2,2022 Page 3 of 67 never had a public hearing in first reading. Do we need to take public hearing and testimony before we do the reading? Nary: Mr. Mayor, Members of the Council, yes. What we had talked about was actually having this out there for this very purpose, to simply just take public feedback, public input. It isn't on your agenda for approval tonight, it's on there for review. Certainly it's helpful if -- if you want the clerk to read this -- what -- what it's about, just for the record's purposes, but other than that I don't know that you need to read beyond that. Simison: Okay. Then we will ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance amending Meridian City Code Section 6-2-1 adding definitions of animal control agency, animal control officer, animal control shelter, at-risk dog, bite, dangerous dog, euthanasia, justified provocation, physically attack, provoke, and serious injury, and deleting definition of vicious dog; amending Meridian City Code Section 6-2-2, regarding animal control officers, city animal shelter, and animal control agency; repealing and replacing Meridian City Code Section 6-2-6, regarding designation and management of dangerous or at-risk dogs; amending Meridian City Code Section 6-2-8(p), regarding failure to comply with provisions regarding dangerous and at-risk dogs; repealing any conflicting ordinances; and providing an effective date. Simison: Thank you. You have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Okay. Seeing none, I will see if we had anyone signed up to provide testimony first. Looks like we did. Okay. We will get the name in just one second. Do we -- do we feel like anybody needs to give any update on what we are -- I know we heard the title, but I mean brief remarks about what this ordinance is from a public hearing perspective? Nary: Mr. Mayor, Members of the Council, I don't know if Lieutenant Harper feels it's necessary. Certainly from a brief standpoint for the public that are watching online they may have missed that presentation by the Humane Society. The purpose of this was to bring our code in line with the other jurisdictions locally, so that basically most everything in regards to dangerous animals, dangerous dogs is going to funnel through the Humane Society. They will be providing due process, an opportunity to be heard for folks that may have an animal that might have bitten and injured somebody severely. So, it really is trying to align our city along with the other neighboring cities in the county, so that there is consistency in application countywide. Hoaglun: Mr. Mayor? Simison: Thank you, Mr. Nary. Councilman Hoaglun. Hoaglun: A question for Mr. Nary. And, Mr. Nary, as we went through the ordinance and during the discussion phase this does not single out any breed of dog, it just is about setting the standards for dangerous dogs and -- and those criteria. Meridian City Council November 2,2022 Page 4 of 67 Nary: Mr. Mayor, Members of the Council, Council Member Hoaglun, that is absolutely correct. This does not identify a particular type of animal that is more at risk or less at risk than others. It -- it tries to level the playing field to deal with animals that have caused injuries. So, it really is trying to level the playing field for all -- for all animals, not just one. Hoaglun: Okay. Thank you. Simison: Okay. Thank you. So, Mr. Clerk, who did we have signed up? Johnson: Mr. Mayor, we had three signed in. One marked they wanted to testify and that's Jalene Kindred. Simison: If you would like to come forward and state your name and address for the record and be recognized for three minutes. Oh, you are fine. You are good. Kindred: This right here? Simison: Yeah. If you can just speak into one of the microphones so those that are online can hear you clearly. Kindred: I want to take time and thank you for your efforts with this ordinance, but unless these ordinances are enforced with force they have little effect. My question for you tonight is how are these ordinances going to be enforced and who will be enforcing them? I am the victim of an unapproved -- unprovoked dog attack on my own property. The dog's owner had had two other complaints filed against them within the last two years and animal control did not connect these complaints. I was the victim, but I honestly felt victimized by the system. I was told by a police officer that animal control would come for the dog and that I would -- would give them a full report of what had happened. They never came. The owner was allowed to take the dog home. Animal control called me the next day and asked me to support -- give an e-mail report to them. I was told that the dog could stay at home, because it's hard for animal control to remove an animal from an owner. The owner -- owners did end up surrendering the dog because it had not been vaccinated. I was, then, left to worry that the dog may have had rabies and that is why it had attacked the way it had. I was also told that animal control had no complaints against this dog or the owner, which was not true. So, the question I am asking where is the record keeping and why were citations not issued right then? Instead of the owners being charged for letting a dog run loose and not being vaccinated, I found out that if charges were to be filed that I had to do that myself. I physically had to go out to the Humane Society and sign the warrants. That is wrong. Laws were broken and as the victim I should not have been made to be victimized even more. This was one of the most terrifying things that has happened to me in my life and I'm not sure if I will ever fully recover. I fell during the attack and was bitten and was only inches from everything that was going on. Had my neighbor not heard my screams I'm not sure what would the outcome be. What would have happened if this were a small child? Why do we have to wait until something terrible happens before laws get enforced? I learned that there was no police report filed on my attack. I learned that animal control and police are completely Meridian City Council November 2,2022 Page 5 of 67 separate. Animal control officers are not police officers. My questions are can they issue citations and if the answer to that is yes, then, why do they not do that? I'm asking for a registry to be kept on all complaints that are filed. These attacks should be tracked by the tag, chip number, and picture of the animal and you should be able to be cross- referenced with the name and the owner of the dog and the persons filing the complaints. This is not happening. Owners need to be held responsible and fines given. I am an animal lover and I have a rescue. Animal control has a terribly hard job to do and a registry would make their job much safer and when they are called out on a complaint they would know what kind of situation they would be getting into and this registry should be accessed by the public as well, so that we know what at risk dogs live in our area. I know this is something -- is going to go beyond city and probably to a county level, but I'm asking for your help. Thank you. Simison: Thank you. Can I get you to state your name and address for the record, ma'am? Could you state your name and address for the record? Kindred: I'm sorry. Simison: No problem. Kindred: I don't follow directions well. My name is Jalene Kindred and I live at 3077 East Ragusa Street in Meridian. Simison: Thank you. Would the Police Department or Legal like to respond to some of those questions that were asked? Nary: Mr. Mayor, Members of the Council, I could at least respond to a portion. Why you would have had to sign a complaint, ma'am, is the Humane Society doesn't have authority to issue a citation. The Humane Society can't issue a citation without a signature from the complainant, because they didn't witness the attack. So, that's why you would have to sign it. It would be the same if a person attacked you, you would have to sign a complaint, because the police officer didn't see it. So, that's -- that's part of the reason why. I don't know why -- what happened in your case, but -- but that would be the reason you would have to sign the complaint. Simison: Ma'am. Ma'am. Nary: You have to talk in the mic. Simison: If you can go back to the microphones. Just that way it's on the record and we can hear everything. Kindred: I thought my time was up, so -- so, I -- when an attack happens you physically have to go out to the Humane Society and I was told that the Humane Society would come to me. They didn't do that. Meridian City Council November 2,2022 Page 6 of 67 Nary: Yeah. And I couldn't answer the staffing issue, ma'am, on whether or not they had resources to come out to your house and that's why they asked you to come down there. I don't know. I'm just trying to explain why you would have to sign it. It's because they just didn't witness it. Kindred: So, the Humane Society is not allowed to issue citations? Nary: No. They do issue citations, but they have to witness the event. So, that's why they may give a citation for an animal at large, because they have witnessed it. They can't necessarily give one for an attack that they didn't witness. That's why they needed your signature. Kindred: That doesn't make sense, because you don't call them until the attack has happened and they are not out there looking. That doesn't make sense. Nary: That's the way the law is set up, ma'am. That's not their fault. That's just the way it is. So, I'm sorry. Kindred: Well, they didn't come. I was told by a Meridian police officer, who did come, that they would be coming to take the animal, which they didn't do. They let the animal go home with the owner. Every -- every scenario is different, but I just think that there are some issues that need to be looked at and once a person's been bitten, no matter it -- it shouldn't be my place to -- to charge my neighbor for letting their dog out and it should have -- something should have happened the first time this dog attacked. It didn't. That's all I'm saying. Harper: Mr. -- Mr. Mayor? I would be more than happy to discuss this further with you. can give you my card and we can have a -- a further discussion and I can hopefully try to answer some of your questions. But Mr. Nary is correct. When a -- a misdemeanor does not occur in our presence we actually have to have a signing party. So, that's -- that's based off of a recent -- well, not too recent, but a Clark decision here with the Idaho Constitution. So, we have to have you, being the victim, to be able to sign for us to have enforcement action. Kindred: I did call the Meridian police to try to get a report. No report was filed. It gets handed over to animal control. Even though it affected a person, not-- not just an animal. I don't know. I just feel like something's missing and there is probably nothing that can be done. I don't know, but -- I did talk to your office. It did come out to Meridian police and try to find out a few things. Anyway, thank you for your time. I just wanted it on record. Thank you. Cavener: Mr. Mayor? Simison: Appreciate it. Get the lieutenant's information and -- I'm not saying that there is nothing that -- there still could be stuff that could be done is where I want to suggest. Meridian City Council November 2,2022 Page 7 of 67 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks. And, Jalene, I appreciate you coming in and passing along your testimony. I, too, am a victim of an unprovoked dog attack and I'm an animal lover. know how hard it must be to come before the Council and share your perspective. You kind of have to relive that situation. So, I appreciate your bravery tonight. I guess, Mr. Mayor, and -- and for -- for Lieutenant Harper, I have been pretty vocal with some of my frustrations and concerns about that of the Humane Society, particularly to their level of customer support to our citizens. The last time they were before us they invited those types of situations to be shared with them. I think that we need to take them up on their request, pass along this specific experience to the Humane Society. None of our citizens should ever have to go to Boise to file a report for a service that our taxpayers are paying for. The Humane Society should be coming to our citizens to take that report and ask for the signature. So, I would like to get an update as to why we are making our citizens go to Boise for this and not the other way around and what policies or procedures the Humane Society prepares to take on to course correct this. Our citizens deserve better. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think Ms. Kindred brought up a good point and I would like to hear some follow up on how the Humane Society and/or our Police Department track multiple offenses. How the -- how does that system work? Is it a database? Is it, you know, by chip number? If we have the answer tonight that's fine, but I -- I think that's an important -- I don't think it's a piece of the ordinance, but I think it's a piece that we need to understand. Harper: Mr. Mayor, Council Woman Strader, I think really we rely on our partnership with the Humane Society to track that information. That's why we have contracted with them to provide this service. Obviously, if it comes to a lack of-- of service to our citizens, then, we need to know about that, so that we can address those -- those concerns and have those conversations. But in regards to tracking, we -- that's not something that we do, that's something that we rely on -- on the Humane Society to do. So, exactly like the system they use or how they do that, I'm -- I can't answer that question. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, if it's possible along the lines of Councilman Cavener's request, to give this specific example to the Humane Society as a -- an educational and opportunity to improve their processes, I would like it if we could ask how they specifically track attacks. Is it by animal -- like is it in a spreadsheet? Is it in a database? Is it a consistent process that they are using? How do we -- you know, I -- I would like to get some comfort around that, Meridian City Council November 2,2022 Page 8 of 67 because I think she brings up a great point, which is if there is not a reliable process in place to track these, we can have the best ordinance in the world, but if we are not able to do something about it that's just not going to work for us. Simison: We have someone from the Humane Society here tonight that can probably answer those questions. You want to come forward at this time. If you could state your name and address for the record, please? If you could get closer to the mic, please. Shields: My name is Tiffany Shields. I'm the director of animal control services for Idaho's Humane Society. I -- Johnson: Mr. Mayor? Shields: I apologize that -- Johnson: Sorry. If you could pull the mic down. Council online can't hear you. Just pull it in your face. Shields: Sorry. Simison: There you go. Thank you. Shields: I wasn't here to -- I wasn't present to hear what the issue was, but as far as tracking calls goes, we do track calls. We do know when we have multiple calls at an address. We use a patrol police computer system that is used -- that police use that look similar to dispatch -- that police dispatchers use, so we can see a history at the address. Also in PetPoint -- we also use PetPoint for our cases and our citations, so that can be tracked by name, it can be tracked by address, all of the above. Also we give monthly reports to the Meridian PD and to the City of Meridian every month that shows every call, that shows what kind of call it was, how long we spent on it and we provide those monthly and we have since June of 2020. So, I can provide any of that information that you guys need. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Director Shields, for getting into some of that. I think the concern would be -- so let's give an example. Let's say that you have a call about a dog. At what point does your organization routinely identify that there have been multiple calls and, then, that triggers an enforcement action with that dog; right? Because under our ordinance the way that this is supposed to work, my understanding, is that, you know, if you -- if you have an animal that's already bitten someone that is an at risk animal. Could be mitigating factors. Could be a hearing process. But that should have already triggered something. So, how-- at what point in your system do you identify, okay, this is a second strike against this dog and so, then, further action is needed. Meridian City Council November 2,2022 Page 9 of 67 Shields: Immediately. As soon as we receive the call. I -- so, if we have a dog that has bitten -- let's just say it was a minor bite. Dog bit-- bit someone on the ankle, was a minor bite, but it did break skin. We -- on a call like that we would go out, we would educate the owner on the restraint requirements. If it was at large we would place that animal into quarantine, make sure that the animal currently has a rabies vaccination. So, say two weeks after that we get another call that the dog was at large. Nothing happened, but it was at large. So, we already know this dog has a prior bite and now the dog is that large again. So, an officer does respond to that. We try to respond in a timely manner, so we can pick the dog up, we can possibly impound, we can educate the owner. The citizen would have the option of issuing a citation if they viewed -- if they viewed the dog off leash. So, all of that is already in place. If the dog has bit again, then, further action could be taken under dangerous dog, depending on the circumstances of the bite though. It's not every dog who has bitten twice who is going to be declared dangerous. It definitely depends on the circumstances, how bad the bite is, what the victim was doing at the time of the bite. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. That's helpful. I -- I guess what I'm hoping to hear, though, is that there is some method of review by which you are checking if there have been multiple offenses from the same animal. Let's say it's been three years. There was a bite previously -- let's say there was a long period of time that went by, are they still going to have that information available and is the person responsible for following up, the animal control officer that responds to the incident -- Shields: Yes. So, my dispatcher first who takes the call should be researching if there is any history to inform the officer that there is history. The officers do have computers in their vehicles, so if they are out in the field they can still review past history on the owner or the dog. Sometimes the owners get new dogs, so it's not the same dog. So, yes, that should all be in their computer system. Prior to having Omnigo in 2020, then, those are hard copied, locked in a shed and take a little further research, but they are in PetPoint. Cases prior to 2020 are in our PetPoint and the hard copy files are still available. Strader: Okay. That's helpful. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm glad you are here tonight and I understand you didn't hear the full testimonies. I would encourage you to maybe go back and -- and watch what one of our citizens -- what their experience was and, then, what would maybe be beneficial for the Council is to get a -- maybe an e-mail or a report to the Council about what the Humane Society's procedure is for responding to victims of crimes. You know, Meridian Police Meridian City Council November 2,2022 Page 10 of 67 Department does a great job with our victim witness in really working with the victims of crimes and I look at someone who has been bitten by a dog as a victim of a crime and I was -- I was disappointed to learn tonight that this individual who was a victim of a crime was asked to have to come to the Humane Society to fill out a report, rather than doing that proactive approach that I think Meridian is well known for of meeting our -- our citizens. I was disappointed to hear that's your guys' approach. Maybe that was an exception and so getting a better understanding about what your procedures are and how you respond to victims of crimes would give me a little bit greater comfort in what future experiences are going to be for our citizens. Shields: Of course. If I was given the citizen's name and case I definitely could research that and get that information to you. Cavener: Yeah. And Mr. Mayor? Simison: Councilman Cavener. Cavener: It's not just this specific one that was brought to light tonight which causes me concern about if that's their experience how many more of our other citizens are experiencing the same thing. So, I think it -- overview of how your department responds, what's asked of our citizens, what you guys do proactively would be very beneficial for me to learn. Simison: And the lieutenant has the information and she's still in the audience as well from that standpoint, but maybe you can work together on that specific issue, reply generally that can be shared. Shield: Okay. No problem. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Tiffany, here, you can have this. This was the handout she gave to us from -- that shows photos from the attack. So, you can have that, so -- Shields: I will be happy to look up the case. I don't -- and I will speak to her and see what I can find out. Simison: Okay. Thank you. Appreciate it. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council November 2,2022 Page 11 of 67 Perreault: Tiffany, how would -- how would the ordinance have improved -- how -- how would -- what is -- what the main site is going to be now allowed to do in this ordinance have improved this situation for just using this as an example. Shields: Well -- so, with the dangerous dog ordinance how it's going to help the citizens of Meridian more -- in two folds is that it's much clearer than the former dangerous dog code. It's very defined as to what dangerous dog is and the procedure allows an appeal immediately after the declaration, but also people who own dogs that have been declared dangerous currently to not maintain them in Meridian, but they would be able to continue to maintain them under strict conditions and restrictions. This administrative action we would be able to take action quicker and we would be able to monitor the animal. Failure to comply with the conditions and restrictions would result in criminal action. It would be a misdemeanor. So, we would have more empowerment to control these dogs. Currently the person can move the dog out of Meridian and we don't know where it is and, then, a year later bring it back and we don't have it ID'd, we don't know where it's been. It could be a hazard to another jurisdiction. But it just -- it gives us another tool for us to help these situations with dogs that bite people and dogs that attack other animals. Simison: Okay. Council, any additional questions? All right. Thank you. So, no one else who indicated they wished to testify. Is there anybody else who would like to come forward and testify on the ordinance at this time? Or if is there anybody online that would like to provide testimony, please, use the raise your hand feature. Seeing no one coming forward or raising their hand -- and I apologize that I wasn't at the meeting on Tuesday. Is the intention to close the public hearing now and take it -- or leave it open for additional readings? Nary: So, yeah, Mr. Mayor, I was going to ask the Council's pleasure. Do you want this on for a second reading with another public hearing or do you want it on for a second and third reading with the -- on an -- as an action item? So, it's really the Council's pleasure in what you want, so -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: If there isn't -- if it doesn't create an issue for the Humane Society in what they are hoping to accomplish and with our officers and what they are hoping to accomplish, I would like to leave it on as many weeks as we are comfortable with. I -- I -- I don't want to delay it, but I think it's -- you know, the more information we can gather from our public the more we can get clarification if this is really going to do what every party is intending it to do. Strader: Mr. Mayor? Nary: We could put it on, Mr. Mayor, as a second reading with a public hearing for next week if you would. Meridian City Council November 2,2022 Page 12 of 67 Simison: Council Woman Strader. Strader: I -- I think that's a good idea. There has been a lot of misinformation on social media also about the ordinance and so to the extent that, you know, people tuning into another public hearing helps educate or bring up issues, I think that's a good thing. Councilman -- or Council President Hoaglun did a good job trying to I think dispel some misinformation that this is like targeting specific breeds of dog, which it is not. There has just been a lot of stuff like that. Simison: All right. Then with that -- Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Are we going to move on to the next? Simison: Yes. I just figure we continue the public hearing -- if I had a motion to continue the public hearing. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move that we continue the public hearing for Ordinance No. 22-2002. Strader: Second. Simison: Motion and second to continue the public hearing. Any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item will be continued. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Just a quick point of privilege, please. Simison: Yes. Bernt: I just wanted to give a big shout out to the Scout troop that's here this evening. As a fellow scouter just wanted to say great work and hope you continue in your scouting ways, not only as youngsters, but as adults when you get older and maybe, if you are lucky, like you are adult leaders at one time, pass what you have learned on to future Meridian City Council November 2,2022 Page 13 of 67 scouters. So, keep up the good work. Thanks for leading us in the pledge. That was awesome. That's it. 2. Public Hearing continued from October 18, 2022 for Idak Subdivision (SHP-2022-0010) by Sawtooth Land Surveying, located at 840 E. Ustick Rd. A. Request: Short Plat to subdivide an existing single-family building lot into two (2) single-family building lots on approximately 2.09 acres in the R-2 zoning district Simison: And thank you, Councilman Bernt. Do they need to follow your ability to move out and about in the wilderness with or without a compass? No -- no response is necessary. Okay. With that we will move on to Item 2, public hearing continued from October 18th, 2022, for Idak Subdivision, SHP 2022-0011. We will continue this public hearing with staff comments. Dodson: Thank you, Mr. Mayor. I did want to just note really quickly, the next three action items are mine, so it's the Joe show. But it will be my last Joe show, so I did want to inform you all. November 18th will be my last day. I will be here for the 15th, but that is not the Joe show, so -- Simison: Well, we can always continue these items, Joe. Dodson: Touche. That's true. But I did just want to inform the Council of that. I will do my formal goodbyes then. But did want to inform everybody of that. So, yes, this first public hearing tonight for an action item is for Idak Subdivision. This site consists of about two acres of land currently zoned R-2, located at 840 East Ustick. It was annexed and zoned in 2019 with the R-2 zoning district. The proposed short plat will split an existing residential lot into two building lots for the purpose of constructing a dream home on the new lot, which would be a larger lot here. The existing home is proposed to remain and is located within the required landscape buffer along Ustick Road, which is an arterial street. The applicant has requested alternative compliance to this buffer width due to the existing landscaping and the location of the home being located within the buffer after the widening of Ustick Road occurred. The director and staff have approved this A-L-T request just for the lot that has the existing house on it. The subject property, again, was annexed in 2019 for the purpose of connecting to water and sewer. At the time future plans for the property were not yet known, so the city annexed it in with R-2 zoning district consistent with the future land use designation on the site and did not require any DA. Further, due to the existing home remaining and the anticipation that future development would have require a subdivision, access to the site was noted to be analyzed with future applications in accord with the UDC. With this application, this short plat, staff has analyzed access to the property. Through UDC 11-3-A3 properties are required to take access from a local street if they currently take direct access from an arterial. In this case there is no local street available to take access from, as you can see here. They have no frontage anywhere else on any other public local street. Because of this and to help the Meridian City Council November 2,2022 Page 14 of 67 applicant comply with the UDC, staff is requiring -- has recommended and issued conditions of approval consistent with the fourth -- next points. One, relinquish the existing rights to the shared access easement with use 870, which is this dashed line here. Add a common drive within a common lot along the west and north boundaries of the proposed Lot 2 that contains the existing home. Show the existing home and the proposed home to take access from this new common drive, instead of the shared access to the east. And, lastly, add a note to the plat stating that cross-access is allowed for both building lots and for 870 in the future. Further, staff has confirmed that the existing three bedroom home does not have a required garage per UDC. In order to comply with code the applicant is required to construct a garage for the existing home, unless otherwise waived through a future CPA application as outlined on UDC 11-1 B. After -- I would say earlier today the applicant's engineer sent me this revised short plat that shows a different common drive. Recent code changes -- I would say probably the last year--we no longer allow -- I should say outright we no longer allow common drives to be located in an easement, they need to be located in a common lot. The applicant can request through the alternative compliance platform to place the common drive within an easement on the plat, instead of a common drive. The applicant would prefer that method as shown here due to existing mature trees, from my understanding, located in this area, which is where I noted the common drive to be, as well as some mature trees here. It's not that they can't be removed or that they can't make it work, but staff would prefer to keep mature trees and if you place this area in a common drive, then, the building lot for Lot 2 would no longer meet the minimum dimensional standards for R-2, so staff finds it prudent to -- in the future probably approve an alternative compliance request, but the applicant would have to request that at a later date. Again, a short plat goes directly to City Council, so Commission did not hear this, but staff did recommend approval with the conditions noted in the staff report and with the comments I just made and I will stand for any questions. Simison: Thank you, Joe. Council, any questions? Okay. I think the applicant was online, if I was not mistaken. Johnson: The applicant is being promoted to panelists right now. Simison: If you can unmute yourself and state your name and address for the record, you will be recognized for 15 minutes. Rosa: Hi. My name is Amy Rosa. I'm from Sawtooth Land Surveying and I'm representing the Idak plot. Like Joe said, they are hoping to keep those mature trees in place and so, you know, ideally we will apply for that alternative compliance at a later date. The fire district, you know, have said they are okay. So, we are hoping that that will get approved. My client is aware that we are going to be vacating that existing easement in the portion in their property and they are already ready to hook up to sewer and water with the municipalities and those are pretty much our only concerns, just being able to have that access and, you know, like I said, remove that existing easement that's in their area. Otherwise, that was our only concerns. I don't know for 15 minutes, but that's what I have for you. Meridian City Council November 2,2022 Page 15 of 67 Simison: We are happy to take back the time. It's okay. Rosa: Okay. Simison: Council, any questions for the applicant? Okay. Seeing no questions. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anybody in the audience that would like to provide testimony on this item? Or online that would like to provide testimony, use the raise your hand feature. And we are down to staff again online, so that will make this a little easier. Then, if not, would the applicant like to make any final comments? Rosa: Mayor, I'm good on my end. Thank you. Simison: Okay. Then, Council, I will turn this over to you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I would move to close the public hearing on SHP-2022-0010. Strader: Second. 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. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. The short plat sometimes you get into the issues. I think the staff has worked through the issues on this and -- and reached agreement with the applicant and so with that, Mr. Mayor, I move that -- after considering all staff, applicant, and public testimony I move to approve File No. SHP-2022-0010 as presented in the staff report for the hearing date of November 1, 2022, with the conditions as noted in the staff report. Strader: Second. Meridian City Council November 2,2022 Page 16 of 67 Simison: I have a motion and a second to approve Item SHP-2022-0010. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. So, thank you very much. One down for the Joe show. MOTION CARRIED: FIVE AYES. ONE ABSENT. Dodson: One down. Two to go here. 3. Public Hearing for Slatestone Subdivision (H-2022-0039) by T-O Engineers, located at 2707 S. Stoddard Rd. A. Request: Annexation and Zoning of 5.04 acres of land with a request for the R-8 zoning district. B. Request: Preliminary Plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district Simison: Next item up is a public hearing for Slatestone Subdivision, H-2022-0039. We will open this public hearing with staff comments. Dodson: Thank you, Mr. Mayor. The next one is for Slatestone Subdivision. The applications before you tonight are a request for annexation and zoning of a little over five acres with the request for the R-8 zoning district and a preliminary plat consisting of 15 single family building lots and four common lots on approximately 4.85 acres in the requested zone. It is located at 2707 South Stoddard Road. The subject site is abutted by a public road to the east, Stoddard. Abutting to the north and west is an existing R-8 development, the Fall Creek Subdivision. To the south are two county residential lots that are not yet annexed into the City of Meridian. The subject property is designated as medium density residential on the future land use map, consistent with the existing development to the west and north. Proposal for the 15 building lots on the 4.8 acres constitutes a gross density of just over three units per acre, which is at the very low end of the medium density residential designation. Residential lots are shown to meet all UDC requirements per the submitted plat and the required landscape street buffers are shown according to the submitted landscape plans. Minimum building lot size proposed is approximately 6,150 square feet, which excludes the lot for the existing home, because that skews -- skews the numbers quite a bit. It does exceed the 4,000 square foot minimum for the requested R-8 zoning district. The proposed use is detached single family and that is a permitted use in the requested R-8 zoning district. The applicant has noted that development is expected to develop in two phases, with an intent to keep the existing home and outbuilding and some pasture within phase two. Phase one is proposed of 12 lots and both common driveways, where phase two is proposed with the Meridian City Council November 2,2022 Page 17 of 67 remaining three building blocks. So, one, two, three building lots are part of phase two. Access is proposed via a new local street connection to South Stoddard, which is an existing collector street along the east property boundary. Access to all the proposed homes are from this new local street that ends in a cul-de-sac and includes two common drives, one in the southeast corner that accesses two lots, one in the southwest corner -- or sorry -- northwest corner that acts as -- provided access to four lots. Both common drives comply with the UDC standards. Previously-- I actually did not update those plans. Previously the Lot 14 common lot in the southeast corner did not carry on the sidewalk. That has been remedied, so I will skip that. The size of the property is just below the five acre minimum, which would require 15 percent qualified open space in the R-8 zoning district. Staff does not find it prudent to require that minimum 15 percent as Bear Creek Park is within a quarter mile to the north just off of Stoddard. However, staff has voiced concerns with the original proposed open space for the development and a desire to create an area where people can congregate and where kids can play within the development. In response the applicant has proposed additional linear open space along a portion of the north boundary that includes a micro pathway that essentially creates a pedestrian loop within the subdivision between the two linear open spaces. So, you have a nice loop pathway system here. The applicant has also included two park benches within the widest portion of the linear open space between lots three and four. So, that would be here and seen in red, those two park benches. Staff -- where previously there was no amenity proposed at all, again, because they are not required per code, but they did propose those. Staff finds that the latest revision does create more active open space, as walking paths are repeatedly noted as used amenities within subdivisions. One alternative that staff presented to the applicant regarding open space was to replace one of the lots within the subdivision and add a larger square common open space for the subdivision. Should Commission or Council prefer that option, then, staff does Recommend Lot 2, 4 or 10 within the subdivision, which would be -- I believe it's 2, 4 or 10, 1 believe. It's hard to see the numbers. And include an amenity within it. Staff prefers this option over the proposed micro paths that -- but has not specifically recommended that revision in the staff report. At the public hearing there were two pieces of concern from public testimony, which was from the neighbor to the south. Was concern over the development being adjacent to two county parcels and a desire for the homes to be single story, especially along the south boundary. Commission discussed the proposed linear open space versus the larger open space and did not make any changes to the recommendation, as well as a recommendation to widen the staff report along Stoddard to ten feet to reflect the multi-use pathway due to ACHD plans to widen the road and include a ten foot sidewalk on each side. We also discussed the purpose of the proposed phasing and the timing of development by the applicant, which was for the existing owner to maintain some of their horses just in the interim until phase two develops. And, then, lastly, they discussed the common drive design and potential trash collection and parking issues as is always discussed with common driveways. Again Commission did not change anything to staff's recommendation and the only outstanding issue is the sidewalk versus the pathway along Stoddard as that is the only point of contention between staff and the applicant. I have not had anything formal from ACHD calling that out. Unfortunately, they -- they didn't mention that in their staff report, but when you go on the website and you look through the ACHD website you can find that they show a ten foot Meridian City Council November 2,2022 Page 18 of 67 sidewalk on both sides of Stoddard for their design -- their ultimate design. It would be prudent to make the developer do that. In most cases it's what we want. But if you do require the ten foot pathway as noted in the staff report, it will be the only ten foot section along Stoddard, which is the applicant's point. Understood. But with that I will stand for any questions. Simison: Thank you, Joe. Council, any questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Joe. Are you able to bring up an aerial view of the property and the homes to the south? I think there is a canal that runs near there and I'm wanting to see like -- are the properties to the south potential development properties in the county? Are they just probably going to stay residences? How big are their lots not connecting? Dodson: Right. Great questions, Council Woman Perreault. It will take me a little time to pull up the aerial, but minimally here, yes, this -- not square line, because you know how humans like square lines. You know, nice straight ones. This is the canal that runs along here and there are two parcels which have very odd property lines to the south. There was plenty of discussion internally and with the applicant and developers about should a road be stubbed to the south, what is their potential redevelopment plan or potential at all et cetera. Ultimately came down to they are smaller parcels. Yeah. Those existing owners do intend to stay for a longer period of time and they have not expressed a desire to redevelop. I mean because of their odd shaped properties, if one developed and not the other access period is going to have to be maintained. So, ACHD didn't require anything additional. ACHD thinks that they are going to remain as is and staff has agreed with that determination. So, the homes are set back slightly. I believe one is here and the other one is tucked away in this corner here for those two to the south. If that neighbor is here tonight she will probably be able to speak to that a little bit better. Simison: Council, additional questions for staff? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Joe, just to -- I guess maybe a quick clarification. I know the -- the school district didn't provide any update about where students for this development would go. I know it's a small development. The staff report obviously points to that it's walkable to Victory. Do we know middle and high? Is it a case that we asked and they just didn't respond or because it was such a small development we didn't necessarily ask? Meridian City Council November 2,2022 Page 19 of 67 Dodson: Thank you for the question, Councilman Cavener. I'm trying to figure out how I want to answer that. I -- I did not ask specifically until after the Commission hearing. Typically my understanding from our -- our contact at the district is if it's a smaller subdivision like this they won't automatically send us a letter. I shared that opinion just because with 14 lots and their ratios they are going to say, you know, like four kids or six kids are going to potentially come out of this. So, they would assume that that would be able to be absorbed throughout. In addition to that I have received some feedback that they are not in --the school district is not entirely sure if their letters matter much anymore and so they want to try to work closer with the -- with staff to make sure that we -- I guess work with them to make sure that that letter is needed for a specific development and so that's why with this one we had agreed upon that there wasn't a need. Cavener: Okay. Fair enough. And, then, just -- Mr. Mayor, real quick. Simison: Councilman Cavener. Cavener: Joe, just -- I know you are headed out, but I think passing along to your colleagues that I think their letters from West Ada are very very helpful and something I look for with every annexation. Dodson: I will absolutely pass that on. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would hate for us to get in a time machine back to where we were at, you know, a year and a half ago with the school district and I just think about the amount of work that we have done to try to understand the letters and to really work with them with the growth that we are facing, especially in this area, and I just -- I want to echo that same comment and go further also I'm just saying -- like I read it on every single application, it's one of the most important issues to us still. We have offered our help in many ways and they have said that they have a model that reflects the growth and that they have discovered, but it's still a really huge issue for approving new development. I would hate for them to think that these letters are not important. I think they are critically important. Simison: So, Joe, you have -- you can deliver that message back through the appropriate channels in the next two weeks. Dodson: One hundred percent. Yes. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council November 2,2022 Page 20 of 67 Perreault: Joe, I have a question about the -- the open space proposal that staff has made -- my understanding it is not a requirement, but a -- a strong recommendation. If they want to add the additional -- just to take out a lot and add some more open space and the report had made a note that -- that the Bear Creek Park is up to the northeast and, then, I think there is a middle school up across from there as well, I don't know if the middle school has any kind of recreational options for the public, but what would be the walking paths to get to that location? Would they go out on Stoddard? Because I don't -- this doesn't seem to connect at all to the subdivision to the north with any kind of footpaths; right? Dodson: Council Woman Perreault, that is correct. Yeah. It has to be the sidewalk along Stoddard. There is no -- unfortunately when Fall Creek was approved along the west and north there was no stub street or pedestrian connectivity provided to this property, so they would have to use the sidewalk along Stoddard, which, thankfully, it's not a very big parcel, so it's pretty close. And, then, yes, there is Bear Creek Park, which I have ran to and -- and used some of their equipment and stuff out there. Lots of grass for a lot of different things, plus playgrounds and, then, a lot of grass at the middle school as well and they are directly across the street from each other. Perreault: Mr. Mayor, a follow up. Simison: Council Woman Perreault. Perreault: Joe, do you know how far away the closest crosswalk is? Would it be at the school? Dodson: Council Woman Perreault, I believe it is, yes, at the school. Perreault: Thank you. Simison: Council, additional questions for staff? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Joe, I'm sad to hear that you won't be with us too much longer. Bummer. I'm a little concerned that we are not stubbing a street all the way to the south. I know that those two lots are kind of irregular and small. It sort of feels like anytime we don't plan for that connectivity ahead of time we sort of just paint ourselves into a corner. I guess my question would be how -- how unusual is that for this -- for the size of these lots and if those properties were to develop what issues could that cause? How many homes could they put there? Would they just go right off Stoddard? How would that work? Dodson: Council Woman Strader, great -- great questions. The -- they are low density residential, whereas this is medium density. So, they could only do up to three units per Meridian City Council November 2,2022 Page 21 of 67 acre. I don't think they would get that just because the shape of the lots, plus the irrigation easement, all of that. I think it would be very difficult for them to redevelop period with maybe one additional lot. That's partially why ACHD was pushing for them to just continue to have access to standard and -- and not even -- I had to push to get them to say that there should be a public road in this development, let alone the two lots to the south. So, they -- they don't necessarily find it needed, because they are not going to get any real lots. No additional densities is anticipated. If they were to redevelop staff would probably say, hey, one -- hopefully both of them come in, please, at the same time. And, then, secondly, to just do a common driveway, preferably in alignment with Bear Creek Drive or whatever that street is on the east side and do the two lots, maybe one additional, and move on. Strader: Thank you. That makes a lot of sense. Simison: Council, any additional questions for staff? Then is the applicant here and like to come forward? Good evening. State your name and address for the record and be recognized for 15 minutes. Yzaguirre: All right. My name is Becky Yzaguirre. My address is 2471 South Titanium Place, Meridian, Idaho. 83642. And I'm also glad I'm here for the Joe Show. So, I just wanted to say that. So, good evening. I'm here to present to you a wonderful housing development called Slatestone Subdivision. Slatestone is conveniently -- Slatestone is located directly off Stoddard between Overland and Victory. It's conveniently located .3 miles or 1,600 feet away from Bear Park and Victory Middle School. Roaring Springs Water Park, Wahooz Family Fun Zone and many other commercial retail businesses are just a mile away, making Slatestone a very desirable housing location. This 4.85 acre property is located in Ada county with an existing zoning designation of RUT. We are requesting to annex this parcel into the City of Meridian, with the desired zoning designation of R-8. We are proposing 15 residential lots, two common lots, and two shared driveway lots. The minimum lot size will be 6,098 square feet, with an average lot size of 95 -- or excuse me -- of 9,583 square feet. This project will be developed into two phases, with the first phase consisting of 12 residential lots, two common drives and two common lots. The second phase will include the existing single family home and two new buildable lots. As requested in the staff report, phase one will connect the existing home to city water and sewer and phase two will demo the stables on Lot 7. As you can see, this project is currently located in Ada county with a -- with a zoning designation of RUT. The -- the project is located just outside the city limits surrounded by R-8 and R-4 and county to the south. This is more or less an in-fill project that will add connectivity, help extend the infrastructure and expand EMS services. This property has a future land use map designation of R-8, medium density residential, and surrounded by R-8 to the north, south and west. The proposed development plans to match the existing R-8 developments to the north and west. The proposed R-8 lot sizes would provide a non- balance between the mix of larger lots to the south and the smaller lots to the east. This development will comply with the goals of the Comprehensive Plan to grow the city as a premier place to work, live, and play. The location of this development allows this concept to become a reality as it is so close to everything, schools, parks and businesses. This Meridian City Council November 2,2022 Page 22 of 67 development will also enhance the quality and character of the surrounding community by incorporating articulation and visual interest in the exteriors of each home via porches, pop outs and material types. There is a letter in your staff report from Ada county fully supporting the annexation of this property into the City of Meridian. The letter states the goal of -- states goal number 2.2F in the Ada county comp plan stating that encourages residential development to occur at urban densities within area of city impact where facilities are available. The county also writes that the application is compatible with the future land use map of the City of Meridian's Comprehensive Plan as adopted by Ada county, which designates the site as medium density residential and is primarily intended for single family homes at densities of three to eight dwelling units per acre. ACHD is also in support of the project and has written that this proposal meets the district's policy and should be approved as proposed. Stoddard is expected to see significant improvements in the coming years. These improvements include widening of Stoddard Road to accommodate three traffic lanes, two bike lanes and the continuation of a five foot wide attached sidewalk to match what's existing on Stoddard. According to ACHD the construction is expected to occur after 2023. We are hoping we can time our construction with that of ACHD that we are not causing the neighbors more inconvenience. In the staff report there is a condition requiring the development to have a ten foot wide multi-path fronting Stoddard. This slide highlights the existing five foot wide sidewalks that surround the development to the north, east, south and west. Nowhere in this area is there a ten foot wide multi-path, including near the park and the school. There would be 332 feet of a ten foot wide pathway, then, that pathway would connect to an existing five foot pathway. It doesn't make sense. It would make more sense to have a ten foot wide multi-path on the east side of Stoddard where there is an already existing pathway on up to Overland. This is the city--this is the City of Meridian's pathway map. It shows the proposed pathway on the east side of Stoddard, not the west, which makes sense. There is already existing pathway from Victory to Overland. So, we ask that the condition be revised to match the existing widths on Stoddard, so our development blends in nicely with the surrounding the developments. And I also want to add that in the ACHD staff report and the site specific conditions of approval number one -- it's on page seven -- it -- it states improve Stoddard Road with vertical curb, gutter, and five foot sidewalk -- five foot wide detached concrete -- concrete sidewalks, which is what we are proposing. So, now on to the landscaping. This development is designed to be visually pleasing and purposeful. With Bear Park and Victory Middle School being so close we decided to create a nice walking loop around the development that would provide a variety of recreational options for folks living in the development. We are planning to have a five foot walking path around the perimeter of the development. We are -- the location -- the -- and located on the north side -- use my mouse. There. We are planning to have a 3,000 square foot grassy area with two parks -- there are two -- excuse me -- with two benches and shade trees throughout. This plan was a result of many back and forth conversations and iterations with planning staff and the design team. We also kept the neighbors in mind by adding additional buffers to the north and the south, as that was brought up in the neighborhood meetings and the Planning and Zoning hearing. So, that neighbor that came to the Planning and Zoning hearing, she also wanted a buffer here, so we just put some -- some evergreens here that would -- that would provide additional buffer. This -- this strategically planned open space meets the Meridian City Council November 2,2022 Page 23 of 67 request from both the city and the neighbors. The landscaping we propose will consist of water wise plants meaning the selected trees and shrubs are more suited for the Idaho weather, thus requiring less water to maintain. Here are the major types of shrubs that we have proposed. As you can see we are going for a soft, but sophisticated feel. There will be a total of 20 trees with a mix of three tree species, the Norway Maple, Spring Snow Crabapple and the American Linden. There will be four types of fencing product in this development. The perimeter fencing will consist of a six foot tall white vinyl fence. We will, then, have open vision fencing, mainly located around the back of lots boarding the pathway. There will be three railed fencing along the south perimeter and six foot tall driftwood color vinyl fence that will face Stoddard Road and the entryway. Slatestone Subdivision will be a positive addition to the City of Meridian and the residents currently living in the area. The subdivision will enhance connectivity, provide quality and character to the community by using high end building materials, advanced landscape design techniques and collaboration with staff and the surrounding neighbors. This development will also help add economic stability for the businesses in the area. We believe this development will help create a more livable community that promotes health, happiness and prosperity. So, I just wanted to briefly talk about how we are going to handle the irrigation of the south side of the property. So, basically, there is an irrigation ditch that is existing -- let's see here. And so what we are -- we are -- we are going to do is we are going to take the drainage from the neighbor, the flood irrigation waste that's currently draining into that existing ditch and we are going to put a couple inlets here and along the property line and, then, we are going to divert whatever wastewater into those inlets and that's kind of how we are going to handle that and, then, just remove the -- the old piping there and so we are going to just work with the neighbors to see how their water drains and, then, put inlets where -- where it's needed and also work with the city to bring it up to code. So, as you can see we believe we have been thoughtful in this design and we have made it a point to work with staff and neighbors to come up with a design that would work for both the city and the community. We thank you so much for your time and we hope we can make this development a part of the City of Meridian. I will stand for questions. Simison: Thank you. Council, any questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Just a couple of questions for you. Can you pull up the slide that shows the -- the colored rendering? They have a landscaping on it. Showed all of the -- yeah. That would be great. That's probably the easiest one to see. So, the common drive that is on the west side, where are the driveways going to come off of that? And is the existing home going to access that as well? Is there going to be four accesses off of that common drive? Yzaguirre: That is correct. Meridian City Council November 2,2022 Page 24 of 67 Perreault: Okay. And then -- let's see. One more question I have for you. Oh. When was -- when I was pulling up Google Earth to see kind of, you know, what the distance was to the parks and the middle school and whatnot, I noticed that it stated that the existing home has a daycare business. I don't know if that's still operating or if that's old, but if it is was there a conversation about their customers coming through the neighborhood? Yzaguirre: That I am not aware of. Perreault: It could be an old note by Google. Sometimes, you know, if there is an LLC that's filed or whatnot and it shows up on there, but it's not an active operating business, then, it's not an issue. But just curious if that owner has that. I -- for me that's an element of, you know, how this is designed if there is going to be people driving in and out to access that house, if there is a business there or if there is a horse operation there. Yzaguirre: Sure. I can bring the -- the owner up and she can kind of speak to how -- how that is operating. Simison: If you could state your name and address for the record, please. Rauch: My name is Maria Rauch and I live at 2707 South Stoddard in Meridian. And, yes, I do have a daycare. It is group daycare, so I'm licensed for up to 12 children. Perreault: Can you speak up just a little bit into the microphone? It's cutting in and out. Rauch: Sorry. Can you hear me better? Perreault: Yes. Thank you. Rauch: I haven't thought about the traffic that comes through. I'm getting close to retirement age, so it may not -- it may just fall in about the same time all this development goes on, so -- Hoaglun: And, Maria, might be a question for you or -- or Becky, but -- so what is the proposed timing for phase one and phase two? Do you have some idea what that might be? Rauch: I'm not sure when they -- when they are actually going to start. Phase two -- we are not exactly sure on that. We do have some horses that are getting to the end of their life and we don't want to change that right now. I imagine the first phase will probably take a couple of years, so we are kind of just trying to figure out what's going on with that and how long that's going to be. Dodson: Councilman Hoaglun? Hoaglun: Yes, Joe. Meridian City Council November 2,2022 Page 25 of 67 Dodson: Thank you. I would like to touch on both those points. One, the plats will be alive, so to speak, for, you know, the two years once it's approved if it -- if it is approved and, then, they can do a time extension if they need to for the phases. And, then, for the daycare thing they are approved with a home occupation permit, so -- and any of these homes could technically come in and have that approved anyways. So, I -- I understand the concern with people potentially driving through here and parking, but that could occur without us really-- well, I should say that without us knowing, but without Council knowing for sure and so I -- I don't necessarily know if that should be a piece of -- whether this project gets annexed and zoned or not. Hoaglun: Mr. Mayor, now that you are back. Perreault: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. And -- and one of the things about this that's different is a lot of times we get requests to put in a daycare after all the homes are in. Here it's already in, so if people want to move there they know that that daycare is there. So, it's -- it's a little different scenario for people being aware, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I know -- just to like play devil's advocate on that. I mean this is a situation we could see coming, so if you want to continue to operate your daycare -- I mean this common driveway is not a road; right? It's -- it's much more narrow. Frankly, we don't like common driveways that much. We try to limit the access to them, because it creates already issues for trash, issues for the fire department. I guess I -- I personally would like more clarity on whether you would be closing your daycare at the time that phase two were to happen or -- you know. I don't know. I just worry about the cars coming through there. Rauch: So, kind of our plan -- and, of course, things change, but our plan is to take that back lot and downsize our home when we retire and so, therefore, the daycare would no longer be going when that happens. Strader: Would you be willing to have that be a condition of approval or in an agreement with the city that before the phase two development started that your daycare business wouldn't be operating or -- I mean it's a lot to ask. Like I hate -- if I would put myself in your shoes I wouldn't want to agree to that, but I'm just-- I -- I hate the idea of-- especially if the daycare were to expand and, then, you had like 20 kids, tons of people coming up, dropping off. This -- this would not be adequate. Meridian City Council November 2,2022 Page 26 of 67 Rauch: No, the daycare is not going to expand. I know that for sure. That's -- I mean I have been in that business for 20 years and I hate to put a condition on that. Yzaguirre: Can I add something? So, would it be possible that we could just add another connection off of the cul-de-sac just going west -- directly west into the property if she wanted to continue to operate the daycare? Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Theoretically, yes, but, then, the property couldn't access the common drive at all, you would have to close any access to the common drive, put five feet of landscaping along the entire common drive with -- adjacent to this building lot and, then, build a new driveway out to the public road. It looks like there is plenty of parking, especially for up to 12 kids. But in residential districts, just for Council to know, they can't have more than 12 period. So, there is no way that they could go over 12 kids of any of the homes. Just to make that point clear about code and home occupation permits. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I -- I'm glad Council Woman Strader asked the question. It was right on the tip of my tongue. I agree, I don't -- I would rather not have a business off of this common drive, especially since there is four properties accessing it and we typically don't really want more than three if we can help it, so that -- that is of great concern to me. I also have concerns that if the same -- if the same folks own the existing -- the lot with the existing home, the lot with the -- with the existing building, which is the barn and, then, even potential -- potentially another lot to the east of that, that they will kind of inadvertently create kind of their own little pathways, roadways in between those lots driving back and forth or something along those lines and -- and now we have that other issue where you might have people that are believing they can utilize those -- you know, access it. So, I -- I think it would be great to be able to access it off the cul-de-sac and, you know, knowing what Joe just shared that it probably wouldn't be the easiest, but I just wouldn't feel comfortable with there being a daycare, especially if there is actually 12 parents -- you know, normally people will have two kids in daycare, but if there is 12 individual parents that are coming and dropping their children off and picking them up and trying to access it from this, I'm just not comfortable with that. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I -- I totally get that concern. My only thought on that is that they meet code. Code allows them to do it and if one of the other houses that's on the other side of the common Meridian City Council November 2,2022 Page 27 of 67 drive want to open up a daycare, they can with or without our approval and so I -- you know, I -- I'm -- if-- if-- if this resident -- you know, a homeowner wants to operate a lawful small business on their property that meets code, I don't see how we are in a position to not allow that to happen. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question, Joe. It -- it sounds like, you know, one of the -- one of the concerns is about the common driveway and the -- and the width of that and Becky pointed out maybe they could do something there. If that was a -- you know, it's hard to tell looking at a map. You know, if that was a normal street that takes away all the issues. I mean you could still have the turnaround and have a full width street, but, again, the applicant may go that's too close to our house, we don't want that, but that takes away the issue of a common drive, but I -- I don't know if -- what -- what hurdles do you see on something like that, Joe? Dodson: Yeah. Councilman Hoaglun, I don't believe that ACHD would approve that, just because they would just want the cul-de-sac at the end of that public road period. So, then, you are just pushing that further into the site and using more area that's probably not necessary. They could widen the common drive. Minimum is 20 feet per code. We could request that they widen it if that's what Council wants to do with help -- help with some of that. I would like to note -- because the whole trash collection thing comes up with common drives; right. If we require them to put a driveway from the existing home right here, you just took up, you know, 40 feet of potential area to put trash cans for everybody on the common drive with a 20 foot drive -- would -- a 20 foot wide driveway next to a 20 foot wide common drive, it's just a lot of driveway connections that may not be necessary in that area. So, I just want to point that out, that if Council goes that route you are gaining one thing and losing another. Hoaglun: Mr. Mayor? Perreault: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Follow up on that, Joe. And I'm assuming ACHD wants the turnaround -- I mean for fire purposes to have a hammerhead at the very end, because they would have space to do a little bit of a hammerhead turnaround for fire trucks. But I think ACHD wants that circular turnaround for just regular traffic; is that correct? Dodson: Councilman Hoaglun, that's correct. It's both for regular traffic and the fire trucks. It's already going to be more than 150 feet from the cul-de-sac probably to their property. So, they -- fire has already approved it, but fire understands that if a fire occurs at this house -- and the applicant already knows this as well -- there -- there would be Meridian City Council November 2,2022 Page 28 of 67 some fire approved turnaround here, which Fire Chief Bongiorno has stated that there is ample room here for that to occur. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: And in the past we have heard from appeals and CUPs and whatnot related to daycares and I was of the impression that if there were over six that they needed to come to the city and have either some sort of business license or a permit. Is that not the case anymore or -- I mean that's always been my understanding. Hoaglun: Mr. Nary. Dodson: Councilman -- yeah. It's -- there is a requirement, but it's administrative. So, it doesn't go through any kind of public hearing process. But, yes, if -- I don't review those personally. That's -- assistant planners review those. I don't think I have ever reviewed one, actually. But my understanding through code is they comply with the code, which is, again, administrative approval. They get the license. It's pretty cut and dry. Perreault: Okay. So, a new -- a new owner in one of these lots couldn't just go add 12 people to a daycare and call it good, they would have to come and notify the city. Dodson: Yes, ma'am, they would, but I haven't seen us say no to that. It's typically just approved. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, Council Member Perreault, so, yeah, Joe's absolutely correct. They are -- it's an administrative process. Basically they have to meet safety standards and requirements, parking requirements, those types of things. But 12 is the maximum allowed in the neighborhood. After that it's a center, which does require higher permitting approval and actually goes through -- I believe the Planning and Zoning Commission for that. So, yeah, I don't -- I don't see a problem from the use here. It's -- you know, whether or not it would meet any of these --the ones who met the city standards we -- we couldn't deny it because the neighbors didn't like it or the neighbors thought it was an intrusion to them, that's not a basis to deny it. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Another question for Joe regarding that common drive that you said if they expanded it to 20 feet, what is -- what is the current width of a common drive now? Meridian City Council November 2,2022 Page 29 of 67 Dodson: Councilman Hoaglun, I apologize, I hope I didn't say that. The minimum is 20 feet. Hoaglun: Oh, minimum. Dodson: It should be 20 feet already. Hoaglun: Okay. Dodson: But I'm saying we -- you -- Council can require it to be larger. You can say 25 feet or something, which would be a -- the same width as we require for a commercial drive aisle for two way traffic. Hoaglun: Okay. Thank you. Simison: And I know that this is not city versus county, but it looks like that's currently a 12 foot road, if I'm -- doing very poor aerial map. Which -- so, it is accommodating the current traffic on a size half that size on a very long stretch compared to what would be a shorter stretch, but the impacts to the -- the other homes is -- I know different than currently exists, so -- plus, minus. Just observation. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Could I get just a little bit of clarification from Joe on the ten foot multi-use pathway request. So -- and the -- the -- let's just table the -- the daycare access issue. I think Councilman Bernt is ultimately correct. I don't think we want to limit the ability of a business to operate lawfully. It just doesn't seem like it could bean issue. Maybe it solves itself it sounds like. I -- you know, I know we have had a lot of meetings with ACHD where we have expressed very clearly that the direction we are heading in is a ten foot multi- use pathway. So, I know that they showed some information, but, you know, is it that ACHD's report wasn't updated in light of that or -- it just sounded like an oversight to me, because I think everything we have communicated to ACHD has been that's the direction we are going. You know, unfortunately, five foot pathways and sidewalks were made, but the direction the city is going moving forward is for ten foot multi-use pathway and it's because -- there is tons of reasons. It's way better for all of our citizens. Parents feel safer using those than bike lanes with their kids. There is just a lot of good reasons that we are doing that. And so I guess, Joe, I just wanted your perspective on why there is a disconnect with ACHD on that and Stoddard, et cetera. Dodson: Yeah. Council Woman Strader, great question. I -- again, it wasn't in their report I think because of just what's existing out there and typically Stoddard is a collector, it's not an arterial, and current policies and current street sections don't necessarily -- they haven't matched some of these changes that you just discussed with the -- going away from bike lanes and instead doing multi-use pathways, you know, which is -- unfortunately, Meridian City Council November 2,2022 Page 30 of 67 five foot detached and bike lanes are what's shown on all their street sections right now, which my understanding is not the way that we are heading as a highway district, as well as what the city wants. So, there is some disconnect I think between what we all want and what is actually being required within staff reports at the moment by ACHD. So, I do think that's where the disconnect occurred. I probably should have reached out and just verified, but when you do go into -- Bill, my supervisor, actually pulled it up during the Commission hearing and showed what the -- the level three street was supposed to be and it showed ten foot sidewalk on Stoddard. So, that's what was -- is apparently planned. But there is definitely a disconnect. Yzaquirre: Yes, I did reach out to ACHD and I asked them that -- I reached out to the project manager on this project and he couldn't give me a time frame as to when they were going to actually develop Stoddard. He said they were --that they-- they don't even have a design. The issue is that when we build a ten foot wide sidewalk we have to have parameters; right? Like when we design this stuff. So, if we just put as -- arbitrarily put a ten foot wide sidewalk where are we going to match it to you and what is that sidewalk to the north -- where is that going to align? They don't have plans yet. So, my question is is why can't -- why can't we just build the sidewalk and, then, ACHD can -- at a later date when they figure out what they are going to design on that, put it in? The problem -- like we are going to have this like meandering connection at that point. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: To the applicant's point, I -- ACHD does take road trusts for these types of sidewalk issues, especially if something is currently being designed. I understand the applicant's point for sure. What we don't want to do is construct five foot or ten foot and, then, have it torn up later and, then, just redo work that is unnecessary. Maybe the -- amending the condition to note that it can be placed in a road trust is -- is a good idea, only because this is not going to connect to the south. There is no sidewalk. So, if it isn't in place right now everybody is just going to be heading north anyways. Typically. At least if they want to cross anywhere safely there is not a lot of crossings anywhere here. I guess they would run across Stoddard. That's what I would probably do, because I'm dumb. But, you know, neither here nor there. To get to the sidewalk on the east side of Stoddard and head south, but just throwing that option out there is I have seen that occur where we do recommend that as -- as a potential option for the applicant and that's something that at a final plat stage we might have a better understanding of what it is they are going to do along Stoddard. I think from a planning perspective it's not something that should probably hold up the approvals, but we can definitely continue working it out with ACHD as we move forward, especially at the final plat stage where the construction drawings would get approved. Yzaguirre: And we could set aside, you know, like the 15 foot easement or whatever the pathway width -- the easement would be. But we just don't understand -- we don't want Meridian City Council November 2,2022 Page 31 of 67 to build a sidewalk that's kind of meandering. We don't know what their design is, so how do we match their design from -- to our design? Do you guys see the -- Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I have had some experience with this. I was on a building committee for -- for our church that located on Meridian Road, which is the state highway, and we had to meet with ITD, meet their standards supposedly and they required a ten foot sidewalk through the frontage of our property. All good and well. This is about 2006, 2007. And so we did that. The next development that went in -- there is no sidewalk going to the south -- to the north and there is already an established subdivision there, so there is nothing. So, we put in this ten foot sidewalk. The next development that came into the south, commercial entity, came in and they are allowed to build a five foot sidewalk. So, here you have this waste of ten foot sidewalk that cost us plenty of money, double of what a five foot sidewalk would cost and goes nowhere to the north and back to a five foot sidewalk that came later. I -- I don't want this little sore thumb to stick out here. When you look at the property going to the south, it is estates. You have got that property they talked about that is medium density. That's going to be difficult of having anything of high impact in terms of number of houses and, then, you have got estate properties up to Victory. So, it's -- it's not going to have a lot of traffic and you have five foot sidewalks all the way to the school and I -- and I get what ACHD is trying to do, you see it -- some of these sections now that are coming in brand new, but they are all the way along the property, so for me this would -- this would just be sticking out there like a -- like a sore thumb and, like I said, it's a little sore subject with me, just because we have experienced that and at a great cost that just doesn't do any good, so -- Yzaguirre: And we would have like five feet of that ten foot pathway just dead end that could cause a hazard or, you know, like -- you know. Just putting that out there as well. And there is no time frame for ACHD's design. So, we just ask that right now we just put a five foot wide sidewalk as a condition in their staff report and set aside an easement for them. Siddoway: Mr. Mayor? Simison: Mr. Siddoway. Siddoway: If I can get my video on here. Hello. I am -- I can shed a little bit of light on this. I have been texting Kim Warren back and forth to get more information on our -- the path -- our pathway requirements and preference. The condition is written the way that we would want it to be. We do prefer the pathway on the west side of Stoddard from the Ridenbaugh Canal north to -- I think it's Kodiak where this school is. ACHD does have 30 percent plans drawn. I just received a -- a screenshot of it that does show their plans to continue this sidewalk south to a crossing at the Ridenbaugh and north up to a crossing at Kodiak. It does cross far fewer properties and also avoids a problematic crossing at Meridian City Council November 2,2022 Page 32 of 67 Grizzly Drive on the east side. I'm not opposed to the idea of a road trust if it's something that could be done in conjunction with the ACHD project, but it sounds like they are in design for a ten foot wide pathway on the west side of Stoddard at this location. So, I just wanted to share that and ask if there is any questions. Simison: Thank you, Mr. Siddoway. Council, any questions or comments? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I mean I think that's very clarifying; right? So, ACHD is in design and they are building a ten foot pathway. So, it sounds like that's what -- what we need to match up with. It's hard -- I -- I get what Councilman Hoaglun was saying, too. It's -- it's hard when things are piecemeal. But, you know, this is the direction the city's heading in and I think we have to be consistent with that. You know, we sort of are making exceptions for people to not adhere to the pathways plan. It's just not going to work. So, just speaking for myself, I think we need to require it. It sounds like, Mr. Siddoway, if I'm getting this correctly, the way the conditions are drafted currently by staff in the report are adequate for what we need; is that right? Siddoway: That is correct. And, you know, I -- I do want to add some credence to what the -- the applicant said earlier, that the -- the adopted plan does have -- have an on- street connection east, because it wasn't seen that there was an opportunity to get a pathway along Stoddard. We do show the pathway along Stoddard on what we now have as our working layer and we bring that working layer to Council about once a year. We have it scheduled to go to the Commission in December where they will make a recommendation to Council and bring that. But where this is a -- an annexation we thought it prudent to follow the working layer, which reflects our recent meetings with ACHD and our current preferred location. Hoaglun: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question, then, Steve, just for clarification, that they -- they do have plans -- when they redo Stoddard they will make that existing sidewalk on the west side -- instead of five foot it will be ten foot; correct? Siddoway: That is correct. I do have a -- it's just a -- a screenshot that was just e-mailed to me, but there -- it says they -- they are 30 percent design plans for ACHD's Stoddard Road widening and they do show ten foot pathway on the west in the location of this application, as well as north and south of it, between the Ridenbaugh Canal and up to the road where the school is. I think that's Kodiak. Yes. Hoaglun: Okay. Meridian City Council November 2,2022 Page 33 of 67 Siddoway: So, yes. Hoaglun: Okay. Thank you, Steve. Yeah. If -- if that is the plan -- and, again, we don't know when it will be executed then and -- and -- and I know sometimes things don't get executed in a timely fashion just because of funding sources and everything, but typically they will execute it like they say they will, just depends on when. So, with that I'm -- I'm okay with -- with a ten foot path requirement remaining, since that is part of the plan when -- whenever that gets executed, so -- Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: To further that point and help maybe quell some of the fears of Council on that, you know, it takes time, obviously, for the --ACHD to design it, but as well as ACH -- or the applicant -- did I say that right? For ACHD and the applicant to both design where this pathway should be located. So, if ACHD is at 30 percent, pretty soon they are probably going to be at the 50 percent plans and by, then, minimally this portion of it should be done and the applicant should be at the point to put some of their construction drawings forward for the phase one and, hopefully, we should be able to coordinate that and they would -- you know, ACHD has to sign the plat anyway, so if they have these plans in they are going to note that the applicant, say, hey, make sure you move the pathway west two feet or, hey, bring it in -- you know, the -- the applicant is allowed to hug the line between the right of way, as well as, you know, the property line and -- and put it where they need it. You know, we don't want it so far detached from the right of way, but we also don't want it right up against it to make it attached. So, I just wanted to say that these coordination efforts do occur rather often between staff and ACHD and the applicant and ACHD. Hoaglun: Mr. Mayor, one last question. Simison: Councilman Hoaglun. Hoaglun: I know we have other people who might be signed up to -- to testify, but while the applicant is here --just to -- would -- would there be any -- and it might be something about -- you can just let us know at the closing, but the private drive now is -- as was noted, it's at 20 feet right now and 25 feet when you have two way traffic it is what we require. Would -- would the applicant be amenable to making that common drive 25 feet, instead of leaving it at 20, to help facilitate traffic to the daycare? Yzaguirre: You know, we would prefer the 20 feet, but if -- if that -- we would ultimately prefer the 20 feet. Hoaglun: Right. Well, Mr. Mayor, I will just let you -- as the discussion goes on discuss with your -- your clients and whatnot, see what -- see what they want to do, so -- Meridian City Council November 2,2022 Page 34 of 67 Yzaguirre: Okay. Hoaglun: Okay. Thank you. Simison: Council, any additional questions for the applicant? Okay. Thank you very much. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, nobody indicated they wished to speak. Simison: Okay. Is there anybody in the audience that would like to provide testimony at this time on this item? And there is nobody online except for our staff. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: If there is no one that has questions that -- that -- that has signed up, I just had one quick question for staff in regard to the irrigation that the applicant described. Is staff okay with their irrigation plan working with the neighbor to the south and -- which she explained. Dodson: Councilman Bernt, great question. I believe I have modified that condition already in the staff report, because planning is fine with it, but with the first final plat phase land development will further verify how we do that and, then, the construction drawings for that. But so far everybody's given it a green light. Bernt: Okay. Simison: Would the applicant like to come forward for any final comments? Yzaguirre: Yes. So, we -- we kind of briefly discussed the -- the 25 foot common drive there and we would -- we would like to -- the -- the -- we would like to keep it 20 feet wide, but the problem is that she doesn't know when she's going to retire. When she retires they are going to downsize and, then, that's just going to be overkill. There -- there won't be any -- there won't be traffic there. And who is to say, you know, how much traffic is there now, how much they are getting now. I'm -- I'm not sure of -- we would like to keep it 20, just --just for the future use. But if staff or Council feel otherwise then -- Simison: Okay. Council, any questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I would like to address -- address that a little bit more at length, but I'm happy to do that during our deliberation or I can continue to ask questions now, whatever you Meridian City Council November 2,2022 Page 35 of 67 would like me to do. But if -- if -- if you want me to save that for our deliberation, maybe leave the public hearing open. Simison: If you have got them I would say go now. Perreault: Okay. Okay. Thank you. So -- because this is an annexation and -- and we often say this is the one time that we really have to truly get it right and -- and, then, after that, of course, it becomes a part of the city, I just -- you know, I -- first of all, let -- let me -- let me be clear. In all of the questions that I'm asking about, the common drive and access and safety, I am not implying that we would ask the applicant to shut down her business. That's not at all the -- the intent that I have in asking those questions or an implication that I am making. So, I want to be clear that there has been no confusion about the two. I still have concerns if the applicant's not able to say exactly when the business -- or, you know, around the time that the business would no longer be operating in relationship to when the construction will be completed in phase one, I am not comfortable with this as it's designed currently. I -- I would say, though, that there are so many fantastic things about this -- this project and I don't want to throw the baby out with bathwater over this one thing and I would love to be able to get it resolved in this meeting, because I think you guys have done a great job with the common areas and the open space. I don't personally feel the need to pull another lot out. I think it's designed well enough for what you are trying to do. There isn't anything else about this that has me concerned except for that. So, I just want to be clear about that, because we can -- I'm not saying you need to redesign your plat right now this evening, that we can come to an agreement that can go into the DA or we can do -- we can continue the hearing so that we can -- maybe the engineer can, you know, look at that design a little bit more and, then, maybe they can discuss with ACHD about the pathway. That's also an option. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I -- I'm of the same mindset as Council Woman Perreault. To me it's -- it's a -- it's just a known condition that creates a safety issue on the common drives, especially with kids, parents backing out. I thought Councilman Hoaglun's compromise idea of widening to 25 feet was a good suggestion, but I understand if you would like a continuance to try to rework this and the pathway being ten feet also adds another element. So, I guess feedback from you on whether you would rather have an approval with conditions, if that's where we go, or if it needs to be continued -- if that's better for you guys. I -- I guess I would like feedback from the applicant. Yzaguirre: Yeah. Is there any way that we can work it out in the DA? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council November 2,2022 Page 36 of 67 Hoaglun: Since this is an annexation I think we need to have a good plan going in before we approve -- approve this, so -- and -- and right now I think that's why I suggested the compromise. I -- I don't know if the votes are there, if -- if you want to keep it at 20 feet. So, I just think -- and ten foot with the ACHD plans to widen that road and put in the ten foot sidewalks, I think that makes sense now. But for -- for the other, yeah, we just don't know the timing and -- and I completely understand your client and what they are going through. It's -- it's -- it's an unknown. But, you know, if this is part of their retirement funds, you know, you might have to give a little to get what you -- what you really need. So, that's -- that's the situation and -- and we have -- we have been at it here for quite a while. Maybe if we just take a ten minute break, Mr. Mayor, and we can stretch our legs and get a little refreshed and you can have some time to talk it over and we will -- if -- Simison: So with that we will take a ten minute recess. Yzaguirre: Thank you. Hoaglun: You bet. (Recess: 7:44 p.m. to 7:56 p.m.) Simison: All right. So, I will go ahead and bring us back out of recess. So, Council, I will let you continue to talk or let the applicant come back up if they want to make any comments. Yzaguirre: So, after discussing with my client we have decided that -- that we would -- we would like to have the daycare operating in phase one and, then, if the city is wanting to condition that the daycare be shut down in phase two we can do that. We just want to state that -- that there is a huge need for daycare and -- but -- but we -- we will be willing to shut it down in phase two if that's what the city wants. We believe that in phase one, you know, there is going to be one lot accessing that common drive at that point, so the traffic won't be as much. And, then, the -- the applicant's lot -- there is plenty of room to turn around. You can see how small this car is. So, everything's going to happen here and, then, we can just safely funnel out with just this lot here. Perreault: Mr. Mayor? Simison: Questions or comments or thoughts? Council Woman Perreault. Perreault: Thank you for discussing that with the property owner. Was there any conversation about taking access off of the cul-de-sac directly or is that too much of a challenge because of the way that the home is facing or -- Yzaguirre: Yeah. I mean it faces into their backyard, so that's -- that's not ideal. Strader: Mr. Mayor? Meridian City Council November 2,2022 Page 37 of 67 Simison: Council Woman Strader. Strader: Just some feedback. I -- I would be okay with a DA provision that was more conditional than that, actually, that -- that said either the daycare could cease operating prior to phase two or widening the common drive. I -- I don't know that we are compelling them to shut it down necessarily. I think it's more like come back to the table with a solution at that time if you want to keep operating it. I don't know. Just throwing that out there. Mr. Mayor, sorry, one more thing. Simison: Council Woman Strader. Strader: Question for the applicant. Do you need a continuance just to rework the ten foot pathway or do you feel like you can figure that out? Yzaguirre: Yeah. We are fine with putting the ten foot pathway in there. Yes. Strader: Okay. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Question for Joe. Joe, do you think that -- this is kind of a unique situation. We don't often -- or I don't think I ever have recommended that an applicant widen a common drive. What do you anticipate that that extra five feet is going to accomplish? As a planner who thinks in engineering terms, do you anticipate that that extra five feet will accomplish what we are hoping to, which is to just not have, you know, congestion if one of-- if you -- if there is multiple cars coming in -- well, if-- if they are -- if they are only going to operate it until phase one, then, this isn't an issue, but -- Dodson: I believe I'm understanding what you are saying, Council Woman Perreault. Perreault: Sorry. Okay. Dodson: Frankly, for the back and forth traffic, I mean I guess the physical dimension of having two cars pass each other on it, yeah, an extra five feet might help, but I don't know that -- I don't know that overall that really is going to do a whole lot in the long term. I mean it's just an extra five feet of asphalt to -- for that HOA to maintain later on. I -- from a planning perspective, again, it -- they could end it right now, we could require them to cease it, but, then, any one of the lots within -- off the common drive could come in and -- unless we put a blanket -- something in the DA to say no daycares off of a common drive, which, again, we have all discussed, we probably don't want to just limit some, you know, business uses like that in a residential neighborhood. I just don't know if it's worth, you know, denying an in-fill project over the -- the concerns are noted. I think that five feet extra on the common drive is definitely better than adding another 20 foot wide Meridian City Council November 2,2022 Page 38 of 67 driveway that just increases the overall cost for the applicant and the homeowners as well. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. You know, there is options you can go -- I mean if you -- if you wanted to reduce impact and -- and leave the 20 foot and you lose a lot right next for the existing building to remain and you lose that lot, well, that takes off less traffic, but, you know, if it was me I -- I wouldn't want to lose a lot if I was developing that. That's, you know, the balance, so -- and -- and I -- I think you would be fine with a 20 foot, but I don't -- I don't know if the rest of my Council mates would be -- would be fine with that. So, that's why I'm looking at 25 feet to allow that two way traffic to -- to alleviate that. I mean I would be happy to make a motion and, then, if it goes nowhere, have another motion, so -- Simpson: The public hearing is still open, so whenever you are ready to go any direction. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I have remained relatively quiet tonight. I appreciate the good conversation. Specifically I appreciate Council President Bernt really talking about us being selective about one particular business, when, you know, those four other lots could -- could easily replicate the same business. But to me -- I have got a lot of concerns about this project. It's small and you have got about a third of the lots that are going to be accessing off of common drives. This feels so much like it's -- it's a rush to develop. It's not as thoughtful as I think it could be. I recognize that it's -- that it's in-fill. I -- I still am struggling to figure out the benefit of two phases for 15 lots. I think you maybe get closer with extending that common drive to 25, but we also need to be really aware of -- of where the real estate market is headed and developers ability to begin and complete projects in our community. I don't want us going back to 2009, 2010 and continuing to continue these projects only to have them come online two or three years later. So, I think the design of the homes look great. It would complement the neighborhood well. But I just don't think that this project is ready for prime time. Simison: Thank you. Yzaguirre: So, to comment on that, we have spent over a year working back and forth with the city on this design. This is not a rushed design by any means. We have -- we have revised it and revised it and worked with the city, worked with the neighbors. There it is -- it is not a rush design and we have -- we have taken into consideration all of this. It's -- it's for -- it's, you know, 4.8 acres. It's -- it's a small project, you know, and -- and what we are doing with phase one and, then, phase two, that the app -- or what the owner was saying was that, you know, they have -- they have two horses that are super old and Meridian City Council November 2,2022 Page 39 of 67 they want to -- they don't want to put them down prematurely. So, that's kind of why we were wanting to phase it out. It would give them time to -- Cavener: And, Mr. Mayor, if I may. Simison: Councilman Cavener. Cavener: And apologies if you felt that I said that this project was rushed. I -- I don't think it's rushed. I just think that the layout and the design -- I understand what you are trying to do. You are trying to develop a chunk of your dirt, while keeping another chunk remain in the county for a county use and I think for a project like this it should all annex in together on one phase. Let's plan it as a single phase and if that means that -- that you have to wait a year or two years until your client is ready to retire and actually develop this appropriately, then -- then we need to be patient about that. That's where I'm coming from is what's best for the community long term. Particularly with an annexation. Yzaguirre: Yes. Everything will be annexed into the city. That -- we are not asking for the clients -- or for the owner's lots to -- to remain in the county. Everything will get annexed. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I think to that point I think it did talk about the property -- I think it meant to the south that was being annexed -- that was not being annexed and that's the property to the south in the report. So, I think that's what they were referring to, Councilman Cavener, in the report where that property wasn't being annexed was the property to the -- to the south -- immediately to the south. One of the things, too, the proposed linear open space, doing the sidewalk with the benches and whatnot, I -- I don't have an issue with that. I -- I think that -- it's -- you know, it wasn't required to have open space, even though we like to see some sort of open space. So, to me that's -- that -- that meets the intent of what's trying to be done, here so -- so, I think that issue is resolvable. Ten foot sidewalk. If ACHD is moving forward with plans to do ten foot and -- and hearing from our parks director, then, I think we should make sure that's ten foot. And, then, the common driveway, if that's going to be -- go away when retirement and you are changing buildings and everything, I can -- I can see that happening. I think about retirement myself sometime, but -- I think, Mr. Mayor, if we will just -- we will just kick this off and see where it goes and stop talking if -- if you are okay with that, so -- so Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing on Item H-2022-0039. Strader: Second. Meridian City Council November 2,2022 Page 40 of 67 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. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After considering all staff, applicant, and public testimony, I move to approve file number H-2022-0039, as presented in the staff report for the hearing date of November 1, 2022, with the following conditions: That the proposed linear open space remain as -- as outlined in the plan. That the development include the ten sidewalk in front of the development along Stoddard. And that the common drive be utilized at -- at 20 feet in -- or phase two. Bernt: Second. Simison: I have a motion and a second. Is there discussion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Sorry. I want to make sure I understand that. Did you say you are proposing to keep the common driveway at 20 feet? Hoaglun: At 20 feet width. Yes, Mr. Mayor and Council Woman Strader. Strader: And -- Mr. Mayor? Simison: Council Woman Strader. Strader: Then did that also include a condition that the daycare business cease prior to operating phase two or no? Hoaglun: No, it did not. Strader: Got it. Okay. Hoaglun: So, as I said, I'm just throwing something out there to see what's going to fly. Strader: I got you. Simison: Is there further discussion on the motion? Meridian City Council November 2,2022 Page 41 of 67 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I -- I'm in favor of-- of this --this application. I think that it --there is a lot of thought. Of course we always want more open space, but there is a park across the street that folks who live in this subdivision will be able to get to and will be able to utilize. I think when we designed -- came up with our Comprehensive Plan that we currently have, I think that was one of the conditions that we spoke about, to utilize open space and parks to the best of our abilities. As far as the daycare is concerned, I'm just sort of scratching my head on this one. I think this -- this -- this business is lawful. They meet every code requirement that we have in the city and -- and they have plenty of property in order to maintain this -- this business in an effective way. I know in past conversations we have had -- we debated daycare facilities and especially ones that neighbors were against and -- and those businesses had nowhere near the amount of property in which to maintain a lawful business as this property does. I think 20 feet is plenty wide enough. I find it hard to believe that, you know, cars are going to be screaming down that little common driveway to the -- to the roundabout. I -- I -- I don't -- I -- I don't understand what the big deal is on this project. It is an in-fill project. It's definitely well thought out and I -- I don't see any issues of why we should vote against this project this evening. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to explain my thinking before the vote, I don't love the design's reliance on common driveways. I don't like common driveways. I believe we should limit them. Every time we revise our code we have done so. I think we should consider limiting future businesses accessing common driveways. It's just a simple safety issue. I respectfully disagree, but I respect my colleague in the morning at 8:00 a.m., if you have -- even four families dropping off, going one direction and somebody backing out of their common driveway, you barely have room for two cars to pass each other. It's a safety issue involving kids and I'm not okay with it. I would be okay with a different type of DA condition around this and I think we have given a lot of flexibility, but I will be voting no as of now. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I think Council Woman Strader stated -- stated that very well and I'm in agreement with her, with just one -- one minor addition and that is that -- because -- and Joe can correct me if I'm wrong -- because there is not a -- a time requirement for when they are supposed to be completing phase two, unless we -- I guess potentially put one in the DA, you know, phase one can be done and they could potentially just keep operating the daycare because if -- if, you know, phase two is going to take an indefinite amount of time, so it's possible that -- you know, I -- I understand the applicant's plans, Meridian City Council November 2,2022 Page 42 of 67 but plans change. Not only that, but because we are moving into a down market with our real estate and I don't mean down in a bad way, but just adjustments, we don't know if phase one is going to even completely develop or sell and it could be a really long time before it develops and if that's the case we will continue to see traffic movement most likely with having, you know, individuals dropping off their children in the area. So, not to mention the amount of construction that they are going to be going through to get there. So, there is lots of safety concerns that I have and it -- as I said before, I think there is so many fantastic things about this and I don't think that this is a problem that can't be solved, so -- so that's all I wanted to say about it. Simison: Any further comments or -- Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Just a final comment. You know, just -- if this -- for just -- for folks who are out there, you know, if this motion does not pass there is still opportunity for Council Members to make another motion. So, that's -- that's always on the table here, so just -- just so you know how the process works. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: I would also like to note -- I guess I'm -- I must have misspoke earlier, but -- and I was just not thinking correctly. Because this is in the county they are allowed up to 12. Under city code they are only allowed up to six for a daycare as an accessory use permit -- home occupation accessory use permit. If they want more than six -- so, seven to 12, then, it's a conditional use permit within the R-8 zone. So, what they are doing currently would not be allowed at the rate -- at the number of clients. However, they can definitely come in and do six or fewer with the future accessory use permit, because, again, that permit is with the county right now. So, I don't know how that would work. If they are annexed they are going to comply with our code. But they would be up to six, which should help quell some of these issues I would hope. But, again, they could come back and get a CUP for up to 12 and -- and that happens often. I did just want to clarify that. Simison: Thank you, Joe. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. We will just chalk that up to short timer's disease. Simison: All right. Well, with that we will -- Clerk will call the roll. Meridian City Council November 2,2022 Page 43 of 67 Roll call: Borton, absent; Cavener, nay; Bernt, yea; Perreault, nay; Hoaglun, yea; Strader, nay. Simison: Two ayes. Three no's. The motion does that pass. MOTION FAILED: TWO AYES. THREE NAYS. ONE ABSENT. Simison: Are there additional motions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will give it a try. After considering all staff, applicant, and public testimony, move to approve file number H-2022-0039, as presented in the staff report with the following additions or modifications. First of all, that the -- we confirm that the linear open space can be as proposed. That we uphold staff's recommendation to widen the sidewalk along Stoddard to ten feet to reflect the multi-use pathway as discussed. And, finally, prior to developing phase two, either the daycare needs to cease operating or they need to widen the common drive to 25 feet. Hoaglun: I will second the motion. Simison: I have a motion and a second. Is there a discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I guess a question for Mr. Nary. Conditioning the -- the ceasing of a -- of a lawful business, as a condition of annexation, any concern from your office about that? Nary: Mr. Mayor, Members of the Council, no, because, again, it's a -- Cavener: Okay. Nary: -- it's an annexation condition. It's a contractual condition. I -- I do think the earlier comment was made was if it's conditioned on phase two I don't know when phase two is going to develop, but we also have to get extensions of time that the Council eventually would see, so -- and so I -- I'm not concerned about that portion of it. So, we can certainly do -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council November 2,2022 Page 44 of 67 Perreault: I didn't second the motion, because I do have concerns about how it was stated with the common drive. I would prefer that the common drive be done -- be completed at the end of phase one, because if it's completed with phase two there is -- you know, phase one is done, there is still going to be vehicles driving through to that existing home that's still there. I don't think that phase two needs to be started or complete -- started and/or completed before the common drive should be required to go in, if that's going to be the access to the -- I mean that common drive has to be there to access the -- the home as it exists now; correct? That is part of phase one, the common drive. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Yes, both common drives are part of phase one, so I don't know that --whatever width we would require would be done with phase one, not with phase two. We are not going to do 20 feet and, then, add five feet later. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Well, like that gives the applicant the flexibility to decide how they want to approach it, though; right? That's how I look at it. They can wait and not widen that common driveway, taking a roll of the dice that retirement is going to happen. It's all going to come together. Or they can weigh doing -- it wouldn't make economic sense for them not to widen the driveway to your point at phase one. But at least this puts the decision in their court and I -- I would prefer to give them that flexibility. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And -- and -- and to me allowing them to have that access -- they will be the only ones accessing that -- that drive -- that drive, there won't be phase two homes there, so that's limited to that traffic only, so that -- that -- that makes sense to do it that way. Simison: All right. Question has been called. Clerk will call the roll. Roll call: Borton, absent; Cavener, nay; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: Four ayes. One nay. And the motion is agreed to. Thank you. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Meridian City Council November 2,2022 Page 45 of 67 4. Public Hearing for Allure Subdivision (H-2022-0050) by Schultz Development, LLC., located at 5385 S. Meridian Rd., directly north of the half-mile mark on the west side of Meridian Rd. between E. Amity Rd. and E. Lake Hazel Rd. A. Request: Rezone 39.39 acres of land from the R-4 to the TN-R zoning district. B. Request: Preliminary Plat consisting of 226 single-family building lots and 36 common lots on 37.34 acres in the requested TN-R zoning district. C. Request: Development Agreement Modification to terminate the existing agreement (Inst. #2016-007091) for the purpose of entering into a new agreement consistent with the proposed project and plat. Simison: And we will move on to Item 3 in tonight's Joe -- Joe Roadshow. Next item up is a public hearing for Allure Subdivision, H-2022-0050. We will open this public hearing with staff comments. Dodson: Thank you, Mr. Mayor. If I can pull it up again. Sorry, I'm writing down what we decided on last -- got to make sure I -- got to write things down, so I don't get the short timer syndrome, you know. Okay. Allure Subdivision. The site consists of 37.3 acres of land, currently zoned R-4, located at 5385 South Meridian Road, directly north of the half mile mark on the west side of Meridian Road between Amity and Lake Hazel. It was annexed into the city in 2015 as part of the south Meridian annexation with a number of other properties. Because of that there is an existing DA. The summary request for you tonight is a rezone of 39.39 acres from R-4 to the TN-R, the traditional neighborhood residential zoning district. A preliminary plat consisting of 226 single family lots and 36 common lots on 37.3 acres of land in the requested zoning district and a modification to the existing DA as required by the existing provisions for the purpose of entering into a new agreement consistent with the proposed plat. The future land use designation on the site is medium density residential, which allows dwelling units at a density of three to eight units per acre of gross density. The proposal for 226 building lots on the 37.3 acres constitutes a gross density of approximately 6.05 units per acre, which is consistent with the MDR designation on the property and is slightly more than the Briar Ridge project to the south that's also the TN-R zoning district. In addition, the requested zoning district of TN-R requires a minimum net density of six units per acre. The net density of Allure is nearly seven and a half, making the subject plat compliant. Through the pre-planning process applicant and staff worked together to propose different housing types within this project to both match and also diversify the housing types proposed in Briar Ridge to the south. The grid like street layout and the different housing types led the applicant to request the TN-R zoning district as Briar Ridge did to the south. Staff supports this request and the overall proposed layout as it continues the design and future transition from properties to the south. Staff finds that this development is generally consistent with the Comprehensive Plan. However, despite this development meeting a majority -- or I Meridian City Council November 2,2022 Page 46 of 67 should say -- as I also noted with Briar Ridge that was approved to the south, this development meets the majority of the Comprehensive Plan policies and is being proposed with an insightful and carefully considered design, there are minimal urban services nearby. Thankfully the property does abut an area of mixed-use community to the north, which is anticipated to contain commercial uses in the future and in addition the proposed site design with stub streets and pedestrian facilities helps set up an appropriate connectivity between this project and the anticipated commercial uses to the north. Access is via a new local street connection to West Quartz Creek Street, which would be this local street connection right here. Quartz Creek runs along the south boundary -- the entire south boundary. It is proposed to be complete -- sorry. Project is approved to complete West Quartz Creek Street, which is a collector road, for shared access to Meridian Road, State Highway 69, along the east boundary. Briar Ridge project to the south is constructing at least half plus 12 of the proposed Quartz Creek Street section with majority of the acquired pavement. Three stub streets are also proposed, two to the west boundary and one to the north to undeveloped properties. The project did not meet secondary access requirements as originally submitted. Approved secondary access is required by Meridian fire and those options have been discussed and approved by Meridian Fire Department. Staff has recommended constructing the emergency access consistent with the noted Option B within the staff report, which would put it approximately in this location. However, Option A would be for the public street connection out here to go up to Amity. That is the overall preferred method, but if that cannot occur, then, Option B would be. However, if the public road does go out to Amity, then, the existing condition within the staff report will become null and void. ACHD is also requiring a secondary public street access to be constructed prior to their agency signing any plat containing more than one hundred building lots, because the additional vehicle trips from this development will push the Quartz Creek access to the highway over the allowed threshold for a single -- a singular collector street access, which is 3,000 daily vehicle trips. Specifically Briar Ridge accounts for approximately 2,000 of those trips and Allure is allowed to only add an additional one thousand trips, which would be approximately one hundred building lots. Through the TIS ITD is requiring an additional 12 feet of right of way along Meridian Road for the purpose of constructing a future southbound right turn lane from State Highway 69 onto West Quartz Creek Street. Contrary to the previous requirements for Briar Ridge to the south, ITD did not require this applicant to enter into any cost share agreement for the intersection improvements to Amity and the highway. Specifically with that I have met with ITD and they are generally moving away from cost share agreements unless they have a specific agreement with that city, which is why they did not require it with us, because they do not have an agreement with the city to collect those fees on their behalf. The remaining roads within this development are local streets that are at least 33 feet wide that have five foot detached sidewalks and right foot parkways, creating a beautiful streetscape and identity for the entire project. It also continues the traditional neighborhood design that Briar Ridge has to the south and as I noted with that project, overall sets this area for this somewhat traditional neighborhood design. A number of the internal local streets will require traffic calming prior to ACHD final approval and staff has included a condition of approval consistent with those streets and standards. There is an existing home and outbuilding on approximately one acre along Meridian Road currently and other than that no other site improvements are known. Meridian City Council November 2,2022 Page 47 of 67 The historical use for this subject site is agricultural in nature. The property owner does intend on continuing to farm the property as it develops over time. Staff has included a DA provision related to this request at the owner's behest. The proposed uses within this project are -- are all residential. Detached single family. Detached alley loaded single family. Attached single family. And alley loaded townhomes. All uses are permitted -- are permitted residential uses within the requested zone. The project is proposed to be constructed in five phases, as you can see on the bottom right. The submitted preliminary plat shows a minimum lot size of approximately 2,300 square feet and overall average lot size of approximately 4,300. Residential lots appear to meet all UDC dimensional standards. The sidewalks and parkways also meet UDC and ACHD standards. In addition to the internal sidewalks, the applicant is required to construct a segment of ten foot multi-use pathway along the Meridian Road frontage per the master pathway plan. The applicant is showing this required pathway segment within the landscaped common lot street buffer along State Highway 69. The Allure Subdivision is proposed with a permanent plat area of approximately 37 acres, requiring a minimum of 15 percent qualified open space, which is approximately 5.6 acres, and a minimum of eight amenity points per the updated UDC open space code. The applicant is continuing a segment of multi-use pathway along Meridian Road, which is approximately a quarter mile long, which equates to two amenity points. In addition to the pathway, the applicant is proposing a swimming pool, the changing facilities and restrooms, which qualifies for six amenity points and is including a playground area, which qualifies for two amenity points. All of them, though, the central open space lot. Therefore, the applicant is proposing amenities worth ten points and exceed the minimum requirement of eight. The applicant's revised open space exhibit shows 6.42 acres of qualified open space, which is approximately 17.2 percent and exceeds the minimum required amount of 5.6. The Commission did recommend approval at the public hearing. There was support of the project and desire to partner with the applicants in this area to help construct the access to Amity for the purpose of getting the local street access out to Amity and include sewer services for a future church site to the northwest. Support of the project and appreciation for staff's assistance following the passing of the original developer Matt Schultz as well. At the Commission hearing the Commission discussed the common driveways and their numbers and concerns -- and noted concerns with collection -- trash collection and overflow parking. They also discussed the timing of development phasing specifically in regards to the nearby urban services and they discussed proposed parking for the alley loaded homes and confirmed that each unit has a tuck under garage, as well as the parking pad and driveway. They clarified any motion regarding the emergency access required for fire, which it's not needed, because it's already in the staff report. They also discussed the timing for the deceleration lane and turn lane onto Quartz Creek Street from the north, which there is an existing condition of approval requiring that with phase one. Lastly, they discussed concern over the -- the singularly proposed pool and its size for the proposed number of homes and future residents. They provided caution to the applicant on the size of the pool and the potential addition of amenities being needed in the future. They did not change anything specific to staff's recommendation and there are no outstanding issues for City Council. Following the Commission hearing Pastor Doug Connolly did offer written testimony and supported the project in its design, as well as the shared interest in obtaining that public street connection out to Amity for both Meridian City Council November 2,2022 Page 48 of 67 vehicular and sewer access for both properties in order to develop a new church campus on that property. After that I will stand for any questions. Simison: Thank you, Joe. Council, any questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Joe, what did you say about the -- the drive aisles for the -- the -- sorry. You all know I'm sick, so I'm -- I'm starting to get foggy brain. What did -- what did you say the driveway lengths were for the alley loads? Dodson: Council Woman Perreault, I did not, but they will meet the minimum requirements, which are 20 feet for alley loaded. And, then, they will have the 20 foot driveways as well for each unit -- each building lot. Simison: Council, any additional questions for staff? Okay. Would the applicant like to come forward? If you would state your name and address for the record, please. Breckon: Jon Breckon, Breckon Land Design, 6661 North Glenwood Street, Garden City. Thank you, Joe. And I'm sorry to see you go. Enjoyed working with you over the last few years. Anyway, I would like to add a little bit to Joe's presentation, a little more detail, maybe answer your questions that might -- you might have. Next slide, please. This is just a general overview here of the area. It shows the project -- project site. Main access on Quartz Creek Street. Adjacent developments to the south, to the east and, then, also been working with our neighbors to the north -- Hawkins Development is planning a mixed-use commercial development on both sides of Amity Road to the north and there is also a -- you will see on our plan here in just a minute, we have a vehicular access to the north that we have been coordinating to allow for connection up to Amity Road at some point in the future. This is just, again, an overview zoning map. It shows adjacent zoning for reference. Next slide. Existing schools to the north. Next slide. Emergency services for reference. Fire Station. Police station. New Fire Station No. 8 to the southeast. I believe it's currently under construction. And, then, here is our site plan. Actually, if you could go back to that one there, Joe. And so on -- on this plan wanted to show this, because I have got a few more slides here that speak to the access and show a little more detail there. But this one shows what we are wanting to do. We have, of course, the -- the landscape buffer along Meridian Road and, then, also Joe spoke to the secondary access that would come through the northeast corner and what we would like to provide there is the same thing that we did for the Prevail Subdivision, which you can see on this slide provides that emergency vehicle access into that site. Very similar to what happened at Prevail. Next slide, please. And, then, this is just a shot of what we are proposing for the Meridian Road frontage. A berm and a fence. Again, this is most identical to a -- is existing and what was approved on the east side of Meridian Road, with the ten foot wide pathway, the berm and, then, the syntec fence. Next slide, please. Here -- here this is the access map. Shows also some phasing. Future access, as well Meridian City Council November 2,2022 Page 49 of 67 as emergency vehicle access options as the development is built out. You can see the Option B, which allows emergency vehicle access to Meridian Road and, then, ultimately, the plan is to connect to Amity Road to the north and that's what we have been coordinating with Hawkins, because they would like to see that connection as well as part of their development. Provides that connectivity and access to those commercial facilities. They are currently working on their plan and we have been coordinating those efforts to make sure we align. All of our improvements allow for utility connections. This is a slide that shows a little more detail on the ITD frontage and what ITD is -- is planning for improvements on Meridian Road. Next slide. And this is just a little more overview. Shows an aerial map for reference. Now, this changes the orientation. That's Meridian Road and north would be to the west -- or the left side of the screen I guess. This also shows the existing home on the property and -- yes. And, then, Quartz Creek access on that south side. And you can also see the proposed improvements that would be along that Meridian Road frontage. Turn lane. And future improvements along that stretch. Next slide. This is a little graphic of -- we are in line and agree with to allow for these improvements as part of phase one. I think it would be a good idea for safety and access to this, as well as the Briar Ridge development. You can see it just will push some of the line work over to allow for that turn lane, which is similar to what we did for Shafer View across the street. Next slide. These are just for reference. Proposed roadway sections. These are also in the preliminary plat drawings. Next slide. Had a pretty good amount of open space throughout and very excited to see the little neighborhood park go in in the center. I think it will be a nice asset to the development. There was some discussion with P&Z regarding the pool size. The pool hasn't specifically been sized as of yet. I did do a little bit of homework on that and based on some standards that I found, pool size is to be eight square feet of water surface per bather. Part of the challenge trying to determine what pool size is appropriate for this development is that we are not real clear on how many people are going to live here and how many people are going to be using the pool at any one time. These are things that will need to be addressed as part of the -- the swimming pool improvement submittal. That will be a -- a separate submittal that will -- in front of the city for review and approval. But, anyway, you know, I kind of did the math on that, if you -- if you got 226 homes and if you take an average of three people per home, that's 678 times eight, you end up with 5,424 square feet. Now, if everybody came to swim at the same time you would end up with a pool that's approximately 75 by 75 feet, which is a very large swimming pool or it would be an Olympic sized swimming pool that's 36 feet wide. So, anyway, I'm -- I'm hoping that as this project continues I will be involved in the design of the pool. I'm a certified pool design professional is one of the other hats I wear and we can work out those details of that pool size in the future. Next slide, please. Really like this graphic. This kind of gives you a little overview breakdown of the different proposed product types, housing styles, and where they are distributed throughout the site. You can see we have got pretty even distribution and allows for a variety. I may as well bring it up here. We do have some private drives and -- but we have kept those to a minimum. They are in three of the corners of the property, so northwest, southwest, southeast and, then, along the east side there is two, for a total of five. Not really a preference, but they do provide a nice design solution in those corner locations. So, we have tried to minimize how many we have of those. Next slide, please. Phasing plan for reference. Starting on the southeast corner and we have coordinated with the engineers Meridian City Council November 2,2022 Page 50 of 67 at Briar Ridge regarding the sewer. Nothing definitive there, but in general we are -- we are willing to work with our neighbors to provide the -- the best solution for the city as things get built out. Next slide, please. It just kind of speaks to the open space, playground amenities. Next slide. Swimming pool. I'm hoping that it will be a very nice amenity for the overall development. Next slide. One of the things -- probably not very clear on -- on overall plan, we have got a nice berm on the south end of the park and the plan is for that to be used as a sledding hill when the time is appropriate. Be a nice place for kids to play. Here is some slides of the home elevations and the different product types. Next slide. Townhomes. Next slide. These are the smaller carriage homes and, then, the more traditional homes. Overall I think very -- very nice homes. It will be a -- be happy with how it looks when it's finished. Next slide. This might be the last one. We are I guess in agreement with all staff's recommendations and conditions of approval and look forward to seeing this. Stand for questions. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Cavener: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Jon, appreciate the presentation. Want to commend you on a couple of things that I have been real sensitive to, which is really the -- the equity of the, you know, higher density housing being close -- being placed in close proximity to our open space. Seeing your proposal here really speaks to that and makes it easier for the people that maybe don't have as big of a yard to be placed in close proximity to the open space and the pool. I just think that's really really thoughtful. A couple of just quick questions for you. When I followed your phasing plan it looked like kind of the open -- the majority of the open space and amenities would be completed at the conclusion of phase three. Is that your intention? Breckon: Mr. Mayor, Councilman Cavener, maybe we can go back to that slide and -- yes. I -- I would have to say yes. So, half of the -- the park would be built in phase one and, then, the remaining half, which is really just green space, the rest of the field would be included in phase three. Cavener: Great. And then -- Mr. Mayor, one more if I may. Simison: Councilman Cavener. Cavener: Jon, I may have missed this in -- in your narrative in the staff report. Why the request for rezone from TN-R to -- to what you are asking for tonight? Breckon: I think I would have to lean on Joe for that response for a little bit, Councilman Cavener. We -- it has to do with the density and the housing type. Cavener: Okay. Meridian City Council November 2,2022 Page 51 of 67 Dodson: Mr. Mayor? Simison: Joe. Dodson: So, they are currently R-4 and they are requesting to go to TN-R. Cavener: That's what I meant. I said that backwards. Apologies. Dodson: Sorry. Yeah. I was like are we changing it again? It was because of the multiple housing types proposed originally, you know, with the alley loaded and some of the townhomes. That's not something that you can do in an R-4. Cavener: In an R-4. Okay. Got it. Thanks, Joe. Thanks, Jon. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. So, just wanted to make sure I heard you correctly. The portion of the open space where the pool is going to go is getting done in phase one? Breckon: Mr. Mayor, Council Woman Perreault, yes, the -- the swimming pool, the playground, those amenities and -- and most of the park would go in as part of phase one. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I wanted to get that clarification just in case there is a delay between, you know, that maximum of a hundred homes before the light -- or, you know, and, then, having to wait for that light. If there is a delay in starting with the rest of the phases I want to make sure that phase one doesn't have, you know, no amenities. Okay. So, just one other question, actually, for Joe, if I may. So, I under -- I understood on the staff report comments regarding, you know, why these were showing as R-4 and the annexations from the city and, you know, that's what the future land use map says and now we are not really using R-4 that much as the terminology, but with this being so close to the high end, the net being seven and a half and so close to the high end of the TN-R range, what happens with the properties that develop directly to the west? Those are empty lots right now. Those also, because they are just kind of R-4, just kind of a placeholder, those could also potentially develop as TN-R or have the same density of like closer to eight net units an acres. So, what happens to the county properties just to the -- to the west of that, like are we going to run into some issues with transitions again like we have in other parts of south Meridian? Meridian City Council November 2,2022 Page 52 of 67 Dodson: Council Woman Perreault, so the seven and a half is their net. Their gross acreage is actually six --just over six. I think it's 6.05 units per acre. So, they are right in the middle pretty much -- well, I guess they are just over the 50 percent mark; right? The median. Those would -- the transition type of things would be what --you know, we would evaluate that as those projects come in. So, yeah, the R-4 lot to the west is one of those annexed with south Meridian and if they redevelop, because they may be able to after this gets constructed, we would discuss that with them at that point. It could do TN-R. They may come in with R-8 and not want to do multiple housing types or -- or maybe just some larger lots, et cetera, and we would just -- like any other project just work with them to transition between different lot sizes that they want and -- and don't want and I can't quite remember how -- I'm pretty sure this whole mile block is nearly medium density, but, then, also we run into some areas that are -- are not in the -- our area of impact anymore and are in City of Kuna's area of impact. So, there will be some more difficult discussions later on regarding that. But at this time, yeah, we were just going to work through those as they come along. Perreault: So, you don't think that this would encourage, then, another -- the properties to the west to be just as dense, just because they are going to have to try to be matching up the backyards? You know. I mean -- I know we don't have a specific, you know, unit- to-unit transition plan, but I -- I doubt they are going to want to put larger properties behind. I know they are doing this single family, which is nice for that transition, but still quite dense. Dodson: Council Woman Perreault, I mean overall there -- the project is dense and typically, yes, we wanted to set the stage with this TN-R zoning district and get these street trees that we don't typically see. You know, detached sidewalks within neighborhoods is an old school kind of thing to do and -- which is sad that we have gone away from this over the last 60 years or so in the country. But bringing this back -- pedestrians feel safer, people move more, they feel more part of the community. We want to kind of push that. That's a big planning thing is just to help activate these areas and, then, they can do it without doing TN-R. But TN-R is a way for staff and the code to require it, which is nice. The only caveat is that they have to have six dwelling units per acre net, which isn't very hard to get when you take out open space and driveways or streets and, then, have two different housing types, which could be a couple single family attached, plus detached single family, you know, but to the west and as those develop I would presume that they may want to do some TN-R, but they may also want to do R-8. I mean the perimeter lots on here are Iarger'ish lots. They are the -- that's -- Briar Ridge do the same thing to the south and put the larger single family detached, more of the traditional R-8 lots along their perimeter specifically for that reason, so that projects to the west don't have to continue the TN-R if they don't want to. They can take these larger lots, try to meet them on lot line to lot line on one side and, then, put a local street and just kind of mirror the overall design here and, then, they can add bigger lots if they want to. Perreault: Mr. Mayor, just one more quick question and I will be done. Meridian City Council November 2,2022 Page 53 of 67 Simison: Council Woman Perreault. Perreault: I don't know if Joe or the applicant would like to answer this, but with the four unit townhomes are there going to be -- there is going to be garages and they are going to be accessed from the alley; is that right? Dodson: Yes, ma'am. Perreault: And what will the driveway links be there? Dodson: The driveways will have to meet the code requirements. So, at least 20 feet deep with the 20 by 20 garage. Perreault: Okay. So, there is no more five foot driveways. Dodson: Correct. No. No. Perreault: Yeah. Dodson: It's been confirmed that these will have -- because they are probably three bedroom units at least, then, they have to have that 20 foot driveway. Perreault: With the townhomes; correct? Not -- Dodson: With all of them. Perreault: Oh. Okay. Great. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just have one for staff. Maybe for the applicant to react to later. But it doesn't seem totally fair; right? We have Briar Ridge and other developers that have paid into an ITD cost share -- not to open up a hornet's nest, but why -- why are we moving away from that? They made it sound like it's -- it's because we are not requiring it anymore. Is that the case? I just want to understand. Are we being consistent? Simison: We have never required it to anybody. Strader: Okay. Simison: So, people can voluntarily give ITD money if they want to, but we have never once asked, required or otherwise made it a condition to give ITD money. Strader: That's helpful. And Mr. Mayor? Meridian City Council November 2,2022 Page 54 of 67 Simison: Council Woman Strader. Strader: So, I'm just curious with the Briar Ridge Subdivision, because it was referenced that the Briar Ridge Subdivision had paid into that cost share, was that driven by a requirement directly from ITD, Joe, or were we somehow involved or how did that happen? I just -- because I just care about the consistency and it sounds like we have a consistent approach. I'm not sure if ITD does, but who drove that? Simison: It was for improvements that were required for part of their development? Because that could be the difference. Strader: Yeah. Simison: I mean ITD has gone out and said this is going to be the cost to local development for a road improvement expansion. We would like you to pay in. Versus you are required to put in a decel lane and we will do it for you if you pay in, so -- Dodson: Yeah. Council Woman Strader and Mr. Mayor -- so, there is -- yes to what Mr. Mayor just described. The cost share agreement -- well, I guess first, no, it wasn't ours. That was ITD. ITD condition memo -- because, right, their access -- they access this highway system, so they review the TIS, they look at what intersections are -- can -- you know, require mitigation and previously they were doing cost share agreements and asking the applicant to pay into these for future improvements, specifically at those arterial to the -- arterial to the Meridian Road intersections. To your consistency comment, I -- I noted that, because I actually read these staff reports when they come to me -- I noticed that there was a disparity in that and that, hey, we did this with Briar Ridge, but now we are not. I was confused. So, I met with ITD and they have got some newer people there and I have met -- I met with their team, especially our new District 3 rep, and they had told us, well, their legal is telling them that unless they have a specific agreement with the city they are not going to do the cost share agreements anymore. I have a -- again, don't -- I don't want to open up this can of worms too much, because it's well beyond what we are doing here tonight, especially me, but I have another project that had a cost share agreement from 2020 and that applicant is trying to give ITD money and ITD is being mute on it and they can't even give ITD the money that they are trying to give them because of these agreements not being actually in place. So, that's a much bigger discussion that I believe the city and ITD probably wants to have, but if -- it sounds like my information, what I gathered from them, is if there is not a cost share agreement in place between the city and ITD, they are no longer going to push for those improvements. So, in this case that's why they didn't do it with Allure and, instead, said, please, put in the decel lane and, you know, southbound right turn lane onto the -- Strader- Mr. Mayor? Simison: Council Woman Strader. Meridian City Council November 2,2022 Page 55 of 67 Strader: Thanks a lot, Joe. And I'm going to compliment you, because you are going to be leaving us, but it's one of the things I love most about you is that you could see that issue ahead of time, you knew there would be a question and you already had addressed it. That's awesome. Mr. Mayor, I have one question for the applicant. Simison: Council Woman Strader. Strader: Can you explain the timing of Option A to reach Amity? Because it looked like ACHD had a requirement of like 101 homes to have another access and it looked like by the end of phase two you are kind of there. So, if you could talk about that. Breckon: Mr. Mayor, Council Woman Strader, the Amity Road connection is really going to be dependent on agreements with our neighbors and development timing. I mean I think preference would certainly be to connect to Amity Road. Fortunately I'm speaking for our neighbors, but they have told me that they would like to see that go in. So, it's -- it's really going to be a -- a timing thing. If they are ready to proceed and market agrees with that, so that they can proceed, it's -- it's probably the same thing for us, but unless -- I think short -- short term answer in any case to get a second access would be to Meridian Road and, then, if things work out maybe we don't have to do that and we can connect to Amity, which could be a better long term solution in my opinion. Strader: I see. So, you are -- really you are not -- because you could actually connect to Meridian Road you are not really constrained in terms of your phasing from the timing to the property of the north and so instead of it being like a landscaped emergency access, you would create a road connection there? Breckon: Council Woman Strader, to Meridian Road? Strader: Right. Breckon: Mr. Mayor, Council Woman Strader, the -- the Meridian Road access is --would be both. So, it is definitely an open space area. It's large enough to provide both. I kind of spoke to that a little bit earlier referring to Prevail across the street, if you are familiar with that. We did the same thing there where we are allowed -- or provided a paved connection with --with a gated access, so that only emergency vehicles could go through, but it also allowed for pedestrian connection to the ten foot pathway on the Meridian Road frontage and so, you know, on a daily basis it functions as a pedestrian pathway, albeit a little bit wider than what's ordinarily seen for a pedestrian pathway. But, then, it -- it doubled as emergency vehicle access through that open space. Certainly be along frontage that landscaping within that zone. Strader: So -- but -- sorry. But -- Simison: Council Woman Strader. Meridian City Council November 2,2022 Page 56 of 67 Strader: Thanks, Mr. Mayor. I'm not just talking about the requirement for the emergency access, but ACHD had a -- another separate requirement for secondary public street access prior to the construction of the 101 st home. So, I'm assuming, then, this other connection here to -- this connection to Meridian Road would have to be used, then, for public street access, not just emergency. Breckon: Mr. Mayor, Council Woman Strader, assuming we can't get the Amity Road access, you would be correct. However, we have all intention to connect to Amity Road, so that the neighbors have -- Strader: Right. Breckon: -- agreed just verbally -- Strader: Okay. Breckon: -- anyway to do that. The expectation is that before we reach that 100 unit threshold that we would connect to Amity Road. Strader: Okay. Thanks. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: I would like to further that point only in that it -- the red line here is, you know, largely where that public road is going to go; right? Where they are proposing it now it's -- as it heads north it would be mostly on the Hawkins property. However, you know, again, it's in a later phase. We can move that where we need to; right? That property line that is shared there, the west side of that is actually the church, which is probably maybe even more eager than Hawkins to go forward and we can adjust that line where we need to and adjust that road connection where we need to and I guess my point in saying that is that this applicant does have the opportunity to work with not -- they are not beholden to just one landowner there, they are able to work with two different landowners to maybe get that road connection out and it wouldn't -- I'm putting my ACHD hat on here -- ACHD doesn't necessarily require a plat to dedicate right of way; right? So, we could potentially get a public street connection through this development out to Amity without having a ton of future applications through the city to do that, especially if it's a commercial or a --a commercial or like really in the context of churches, that's also somewhat deemed to commercial use in that way. So, the potential is there for this to occur at an earlier date than what it may seem like at the front end, which is very nice. Breckon: Mr. Mayor, Council Woman Strader, I would -- I would echo that. I would also share that we have talked to Hawkins about if and when and they have also said that they would work with us to go through their property if -- if need be. Meridian City Council November 2,2022 Page 57 of 67 Simison: Joe, just real quick -- to put another thing in your to do list, I don't think we have seen ACHD on one of our City Council meetings in quite a while. I don't know if there is an intentional reason why they are not attending, but if you could just throw that into your planning group discussion for follow up. Dodson: Absolutely. Yeah. Typically, Kristy is on the call in the morning. She wasn't today, so maybe she's on vacation. Simison: I don't know that I have seen them on our last three or four Council meetings minimum. Dodson: I -- I say what I said, because typically if they are in that morning meeting and we determine that there is not going to be -- probably not going to be any major ACHD issues, we try to give her the night off, but we -- that is definitely discussion to be had. Simison: Thank you. Council, any further questions for the applicant? Okay. Thank you very much. Mr. Clerk, I assume we have at least one person signed up on the sign up? Johnson: Mr. Mayor, yes. Doug Connolly. Simison: Okay. And, Mr. Connolly, if you would state your name and address for the record, be recognized for three minutes. Connolly: Right. My name is Doug -- Doug Connolly and my address is 3881 South Basilica Way, Meridian, Idaho. 83642. Southside Meridian. My turn? Okay. Well, I want to thank you, Mr. Mayor and City Council, for allowing us to talk today and meeting you and just being part of this experience and appreciate all you guys do. So, I just want to say thank you for that in serving our community. You guys do an awesome job. I am Doug Connolly, pastor of Stonehill Church and we currently are meeting at Mountain View High School and I sent a letter I think yesterday. So, if you didn't look at that yet -- I think it's part of your packet there and our church owns the property, as has been said, on Amity Road just a little bit down the road and we are -- I will say we are in favor of this subdivision for a few different reasons. First of all, I think it's a great subdivision. It looks awesome. And if someone lives in south Meridian I'm all for it. So, it would be awesome. Be a great addition. We are also excited for us as a church for our new building down the road on Amity and our -- our building, as you -- as you read the letter, is -- our desire is to be a blessing for our community, to be a beacon of light and hope and -- and a building where we not only utilize for our church, but we also utilize for our community. There is not a lot of buildings in south Meridian for the community to be part of, other than like Wahoo's and it's great -- great facility, but it's pretty expensive and so we -- we would have a facility that --we want our community to use and -- and we want to share that and also someone who lives in south Meridian and I have lived in in Meridian for almost 18 years, I also believe that as this community grows there is just --there is a need for churches and good churches that are really connected to the community and really sharing with the community and see the vision of the community and there for the community and so we want to continue to be that and we believe that having a building is going to just expedite Meridian City Council November 2,2022 Page 58 of 67 that as well. But in order to build a building I guess for some reason you guys have said we need a sewer, so after talking to some of the city leaders we found out that our sewer does come from this property and so -- and what we learned in this whole process really is waiting on sewer stinks. Come on, guys. I mean it's like 9:30 at night. I'm trying to help you out here. I did love -- there. Yeah. Thank you for the laugh. I love how Jon said they want to work with -- I think they said Briar Ridge with sewer and my hope is that we could also work with them, but sooner than later as well, and our hope -- our hope is that this subdivision will get approved and we can work with them and they would allow us an easement to their property, even if we need to help pay or pay for the sewer to get to the other property and also if it's the road, working with them on those things as well and so we are all in favor for it. Again thank you. Simison: Thank you, Doug. Council, any questions? All right. You are welcome back anytime. Anybody else like to provide testimony on this item? It's been a few years for myself. Nice to see you again. Percy: It has. My name is Jim Percy. I'm the owner. I live at 1250 Stegerman Court, Meridian, Idaho. 83642. 1 want to thank Council, Mayor and the staff for their help in this. I really want to help -- or thank Joe for his help on this, because as you know Matt Schultz started this project, he was working on it for over a year and recent loss of him has set us back quite a ways and in many ways, too. Just not only for the production of this project, but also as a friend and someone that was trusted throughout the building community. I want to thank everyone that's helped us out through this. I am a fourth generation farmer, rancher and as I have asked Joe, as we have a development agreement that I can continue to farm it, it will look the same until we can actually I think make things move and nobody knows how fast this is going to move now. We are kind of all wondering. But I just want to say my appreciation for Matt Schultz and what he did. What Joe has done. I'm sorry to hear he is not sticking around, but that's all I have to say. I will stand for questions if you have any. Simison: Thank you, Jim. Council, any questions? Percy: One more thing I would add is we have talked about how these projects may have priority to move. With a project this -- this project contains the sewer and this will take sewer out all directions and the current project Shafer Ridge is struggling and asking for sewer rights, too. So, hopefully, this will maybe put some demand where it wasn't and we can move forward with this project a little quicker than normal. Thank you. Simison: Thank you. Is there anybody else that would like to provide testimony on this item? Seeing no one coming forward, would the applicant like to make any final comments? The applicant is waiving any additional comments. So, Council, what's your pleasure, discussion, close the public hearing, etcetera? Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council November 2,2022 Page 59 of 67 Strader: I just have one more question maybe for Public Works or Joe. In the staff report the Public Works section was really lengthy. I assume because of the importance of the sewer access. Is there anything specific that we need to be aware of? I assume that this is not leapfrogging, that -- that Briar Ridge has sewer connection or -- and -- and the adjacent property provides that. Just wanted to check on that, Joe. Simison: Mr. Dolsby has unmuted himself, so, Joe, we will let him take that. Dolsby: Thank you, Mr. Mayor, Council Woman Strader. There are no impediments to development that I'm aware of. This sewer was stubbed out to Mr. Percy several years ago when we put in a trunk line extension. It's stubbed across Meridian Road to his property. He's adjacent to development. I mean Joe might have more to add, but I don't see any impediments on the Public Works side to him developing. Strader: Thank you. Simison: Thank you. Thank you, Mr. Dolsby. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm happy to kick off the discussion and, then, we could close the public hearing if we feel like people are on the same page. I think this is really a well designed neighborhood. I like the thoughtfulness of the open space. I agree that the pool sizing will be important. It sounds like they are really looking into that. We have gotten a lot of complaints lately from large subdivisions that don't have enough pools. People really expect to have an adequate pool, so I assume that -- that you will follow up there. Yeah. I didn't see a lot of issues of concern really. The piece on ITD is a concern for me, but I think more just holistically that we need to address with ITD how -- how to help them -- if we help them and how -- how to just help promote consistency in the approach that they are taking with development in this area. Yeah. I -- I -- I really didn't see a lot of issues. I think it's well designed. Feels like this area is ready for this connection. So, I -- I'm in support of it. Didn't have a whole lot else to add at this point. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Yeah. I'm happy to chime in. I -- I feel very similar to Council Member Strader. I think the big concern is always going to be the impact on the schools. We have got a middle school that's now at capacity that this neighborhood is going to drive students to. I think our -- our overall larger conversation as a Council that probably needs to happen is how we are going to handle, you know, an economic slowdown and a -- and a residential housing slowdown. I think getting some good perspective down the line from what Council President Hoaglun experienced his first term on Council and certainly I Meridian City Council November 2,2022 Page 60 of 67 remember when I was brand new to Council kind of the response to that. So, those are the things that I think you are going to hear from me over the coming months probably through the end of my term as -- as concerns that we have got to be aware of. But one of the things I really applaud is, you know, front loading a lot of the amenities to me is a good demonstration from this applicant that they are committed to getting this project moving. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Let me --well, let me start off by-- by--with -- let me start off with the positives and just one -- one recommendation that is not a make or break for me, just an observation of the design. I agree, I really appreciate the applicant front loading the amenities. Oftentimes we have applicants that request to put it in a later phase, because they need to sell a certain number of lots before it makes it financially feasible for them to do that and we realize there is an economic reality there that can sometimes be challenging. So, very appreciative of that. I -- I -- I like the density next to the highway for ease of access to commercial services that are to the north and to the south and, you know, that -- having that density closer to the highway keeps the -- the smaller collector and local roads to the west, you know, just kind of -- kind of keep those less congested. So, just a couple of observations overall. First, I -- I was kind of hoping for some more breaks in some of these really long sections of lots where there is, you know, just 20, 25 lots on the east side, especially where there just isn't any break in it, not a pathway, not a --you know. So,just a couple of those where I feel like there is just too many lots together. I imagine that Joe's gone over everything and -- and it complies and the block is not too long, because there is not a street -- a street length that has that issue, but there is just a lot of units that are all next to each other and I -- I find it odd to have one of the open spaces right next to the highway, just for maybe safety issue. I don't know if there is going to be some fencing there. I understand that needs to go there for the emergency access, but it just seems like a really odd location to have it right next to the road noise and doesn't seem very peaceful. So, just a couple of observations. I know we have all -- always said that we are not trying to redesign what the applicant has already done and I'm not trying to do that either, just --just some lifestyle recommendations. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Thank you, Council Woman Perreault. I -- to your point I did think about that. In my initial staff report I was going to require a pathway connection on the east side out to the multi-use pathway, but I -- I pulled that out of the report only because we have done that in a couple of other projects where we have had these like quarter mile stretches of homes, you know, with no pathway connection and, then, we have required it and, then, later on as we have people move in that's a break in that sound wall and it always gets another wall around it and it just funnels that sound right into the subdivision from the Meridian City Council November 2,2022 Page 61 of 67 highway and so I have -- I have been getting more complaints as we have developed along Meridian Road about how they wished that that hadn't been there and, you know, so I -- I thought about that and just said, you know, maybe for this one we will keep it as is, since they don't have any street length issues and they -- they thankfully designed it that way. But they will have the connection out on the north side and the south side and, then, another one to the north as it gets developed, so to your point, you know, that was thought -- we did think that through, we just went a different route. Perreault: Thank you. I appreciate that. Dodson: Absolutely. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Happy to make a motion and see -- see if it looks good. Let's see how it goes. Simison: If you will close the public hearing to start with. Strader: Sure. I move that we close the public hearing. Hoaglun: Second the motion. Simison: Motion and 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. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: After considering all staff, applicant, and public testimony, I move to approve file number H-2022-0050 as presented in the staff report for today's hearing date on November 1st, 2022, and I don't believe we need any modifications. Bernt: Second. Simison: Motion and a second. Is there discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Meridian City Council November 2,2022 Page 62 of 67 MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: And thank you all. Appreciate it. Joe, it's been a pleasure doing the roadshow with you tonight, so -- Dodson: Thank you. I will be back on the 15th for that lovely hearing. ORDINANCES [Action Item] 5. Ordinance No. 22-2001: An Ordinance Amending Unified Development Code Section 11-1A-1 by Adding and Amending Certain Definitions; Amending Unified Development Code Section 11-2A-2, Table 11-2A-2, Concerning Allowed Uses in Residential Districts; Amending Unified Development Code Section 11-2B-2, Table 11-2113-2, Concerning Allowed Uses in Commercial Districts; Amending Unified Development Code Section 11-2D-2, Table 11-2D-2, Concerning Allowed Uses in Traditional Neighborhood Districts; Amending Unified Development Code Section 11-3-5 Concerning Pathways; Amending Unified Development Code Section 11-3A17(C) Concerning Sidewalks and Pathways; Amending Unified Development Code Section 11-3A-19(B) Concerning Structure and Site Design Standards; Amending Unified Development Code Section 11-3B-2(C) Concerning Applicability of Landscape Plans; Amending Unified Development Code Section 11-3b-5(0) Concerning Water Conserving Design Standards and Installation; Amending Unified Development Code Section 11-3B-7(C) Concerning Landscape Buffers Along Streets; Amending Unified Development Code Section 11-3C-5(A) Concerning Use and Design of Parking Areas; Amending Unified Development Code Section 11-3C-6, Table 11-3C-6, Concerning Required Parking Spaces for Residential Use; Amending Unified Development Code Section 11-3F-2 Concerning the Applicability of Private Street Requirements; Amending Unified Development Code Section 11-3F- 4(A) Concerning Private Street Standards; Amending Unified Development Code Section 11-3G-4, Table 11-3G-4, Concerning Site Amenities; Amending Unified Development Code Section 11-3G-5(B) Concerning Improvements and Landscaping for Common Open Space; Amending Unified Development Code Section 11-4-3-10 Concerning Drinking Establishment Specific Use Standards; Amending Unified Development Code Section 11-4-3-12 Concerning Secondary Dwelling Specific Use Standards; Amending Unified Development Code Section 11-4-3-16 Concerning Adult Entertainment Establishment Specific Use Standards; Amending Unified Development Code Section 11-4-3-27(C) Concerning Common Space Design Requirements For MultiFamily Developments; Adding Unified Development Code Section 11-4-3-27(G) Concerning Police Access for Multi-Family Developments; Amending Unified Development Code Meridian City Council November 2,2022 Page 63 of 67 Section 11-4-3-34(H) Concerning Self-Service Storage Facility Specific Use Standards; Amending Unified Development Code Section 11-4-3- 41 Concerning Vertically Integrated Residential Project Specific Use Standards; Adding Unified Development Code Section 11-4-3-50 Concerning Live/Work Residential Project Specific Use Standards; Amending Unified Development Code Section 11-5A-2, Table 11-5A-2, Concerning Decision Making Authority and Process by Application; Amending Unified Development Code Section 11-513-3(C) Concerning Annexations and Rezone Process; and Providing an Effective Date Simison: Well, with that we are all going to sit back and listen to Chris talk for a little bit. These are going to be some long ones, so with that we will move on to Item 5, which is Ordinance 22-2001 . Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. Buckle up. It's an ordinance amending Unified Development Code Section 11-1A-1 by adding and amending certain definitions; amending UDC Code Section 11-2A-2, Table 11-2A-2, concerning allowed uses in residential districts; amending UDC Section 11-213-2, Table 11-213-2, concerning allowed uses in commercial districts; amending UDC Section 11-2D-2, Table 11-2D-2, concerning allowed uses in traditional neighborhood districts; amending UDC Code Section 11-3-5 concerning pathways; amending UDC Code Section 11-3A-17(c) concerning sidewalks and pathways; amending UDC Code Section 11-3A-19(b) concerning structure and site design standards; amending UDC Code Section 11-3B-2(c) concerning applicability of landscape plans; amending UDC Code Section 11-3B-5(o) concerning water conserving design standards and installation; amending UDC Code Section 11-313- 7(c) concerning landscape buffers along streets; amending UDC Code Section 11-3C- 5(a) concerning use and design of parking areas; amending UDC Code Section 11-3C-6, table 11-3C-6, concerning required parking spaces for residential use; amending UDC Code Section 11-3F-2 concerning the applicability of private street requirements; amending UDC Code Section 11-3F-4(a) concerning private street standards; amending UDC Code Section 11-3G-4, Table 11-3G-4, concerning site amenities; amending UDC code Section 11-3G-5(b) concerning improvements and landscaping for common open space; amending UDC Code Section 11-4-3-10 concerning drinking establishment specific use standards; amending UDC Code Section 11-4-3-12 concerning secondary dwelling specific use standards; amending UDC Code Section 11-4-3-16 concerning adult entertainment establishment specific use standards; amending UDC Code Section 11-4- 3-27(c) concerning common space design requirements for multi-family developments; adding UDC Code Section 11-4-3-27(g) concerning police access for multi-family developments; amending UDC Code Section 11-4-3-34(h) concerning self-service storage facility specific use standards; amending UDC Code Section 11-4-3-41 concerning vertically integrated residential project specific use standards; adding UDC Code Section 11-4-3-50 concerning live/work residential project specific use standards; amending UDC Code Section 11-5A-2, Table 11-5A-2, concerning decision making authority and process by application; amending UDC Code Section 11-513-3(c) concerning annexations and rezone process; and providing an effective date. Meridian City Council November 2,2022 Page 64 of 67 Simison: Thank you. Council, you have heard this ordinance read by -- this ordinance read by title. Is there anybody that would like it read in this entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I did not print out the agenda this evening. Does someone else want to make the ordinance motions tonight? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we approve Ordinance No. 22-2001 and for the Mayor to sign and Clerk to attest. Strader: Second. Simison: I have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; 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. 6. Ordinance 22-2003: Amending Meridian City Code Section 1-1-3, Regarding Repeal of General Ordinances; Amending Meridian City Code Section 1-2-2, Regarding Application of Penalty; Amending Meridian City Code Section 1-5-1, Regarding Corporate Seal; Amending Meridian City Code Section 1-6-4(A)(3), Regarding Designated Positions in The Mayor's Office; Amending Meridian City Code Section 1-7-10, Regarding Procedure for Request for Reconsideration; Deleting from Meridian City Code Section 3-4-1 Definitions of Subdivision Model Homes and Subdivision Real Estate Sales Offices; Adding a New Provision of Meridian City Code, Section 3-4-6(F), Regarding Time Limits for Promotional Sales Units; Repealing Meridian City Code Section 3-4-9, Regarding Temporary Use Permits for Subdivision Model Homes; Meridian City Code Section 3-4-10, Regarding Temporary Use Permits for Subdivision Real Estate Sales Offices; Repealing Title 3, Chapter 10, Meridian City Code, Regarding Adult Entertainment; Repealing Meridian City Code Meridian City Council November 2,2022 Page 65 of 67 Sections 3-11-2, 3-11-3, And 3-11-5, Regarding Mobile Home Park Permits; Repealing Meridian City Code Section 4-2-5, Regarding Interfering with City Employee Or Official's Entry onto Private or Public Property to Enforce City Code; Amending Meridian City Code Section 5-3-9(A), Regarding City Employee Authorized to Grant Exemption From IDEQ Burning Restrictions; Repealing Meridian City Code Sections 5-3-10 And 6-2-9, Severability Clauses; Amending Meridian City Code Section 6-4-1, Regarding Curfew; Repealing Meridian, City Code Section 6-4-2, Regarding Minors' Possession and Smoking of Cigarettes; Amending Meridian City Code Section 7-1- 6(A), Regarding Speeding in Parks and Alleys; Amending Meridian City Code Section 7-1-8(A), Regarding UTurns; Amending City Code Section 7-1-12, Regarding Negligent Driving; Repealing Meridian City Code Section 8-1-7, Severability Clause; Amending Meridian City Code Section 8-2-12, Regarding City Council Duty to Act; Repealing Meridian City Code Section 9-1-19(E), Regarding EPA Water Testing Charge Incorporated into Rates; Repealing Meridian City Code Section 9-1-23, Regarding City Council Authority to Amend Water Regulations and Rates; Repealing Conflicting Ordinances; and Providing an Effective Date Simison: Next up is Item 6, which is Ordinance 22-2003. We will ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance amending Meridian City Code Section 1-1-3, regarding repeal of general ordinances; amending Meridian City Code Section 1- 2-2, regarding application of penalty; amending MCC Section 1-5-1, regarding corporate seal; amending MCC Section 1-64(a)(3), regarding designated positions in the Mayor's office; amending MCC Code Section 1-7-10, regarding procedure for request for reconsideration; deleting from Meridian City Code Section 3-4-1 definitions of subdivision model home and subdivision real estate offices; adding a new provision of Meridian City Code, Section 3-4-6(f), regarding time limits for promotional sales units; repealing Meridian City Code Section 3-4-9, regarding temporary use permits for subdivision model homes; Meridian City Code Section 3-4-10, regarding temporary use permits for subdivision real estate offices; repealing Title 3, Chapter 10, Meridian City Code, regarding adult entertainment; repealing Meridian City Code Sections 3-11-2, 3-11-3, and 3-11-5, regarding mobile home park permits; repealing Meridian City Code Section 4-2- 5, regarding interfering with a city employee or official's entry onto private or public property to enforce city code; amending Meridian City Code Section 5-3-9(a), regarding city employee authorized to grant exemption from IDEA burning restrictions; repealing Meridian City Code Sections 5-3-10 and 6-2-9, severability clauses; amending Meridian City Code Section 6-4-1, regarding curfew; repealing Meridian City Code Section 6-4-2, regarding minors' possession and smoking of cigarettes; amending Meridian City Code Section 7-1-6(a), regarding speeding in parks and alleys; amending Meridian City Code Section 7-1-8(a), regarding U-turns; amending Meridian City Code Section 7-1-12, regarding negligent driving; repealing Meridian City Code Section 8-1-7, severability Meridian City Council November 2,2022 Page 66 of 67 clause; amending Meridian City Code Section 8-2-12, regarding City Council duty to action; repealing Meridian City Code Section 9-1-19(e), regarding EPA water testing change -- or charge incorporated into rates; repealing Meridian City Code Section 9-1- 23, regarding City Council authority to amend water regulations and rates; repealing conflicting ordinances; 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? Hearing none, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve Ordinance 22-2003, for the Mayor to sign and Clerk to attest. Strader: Second. Simison: I have a motion and a second to approve Ordinance No. 22-2003. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; 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. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I -- I would like to have us at some point discuss or you have staff look into at your pleasure the element of having businesses off of common drives. It's not something that I remember as ever really discussing at length, but I think it's something that should be an element of discussion in the future. Simison: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council November 2,2022 Page 67 of 67 Hoaglun: I move we adjourn. Simison: Have a 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 9:26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-15-2022 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 : November 1 , 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 C E IDIAN*,----, �wl 11Q. - 11 AGENDA ITEM ITEM TOPIC: Public Hearing and First Reading of Ordinance 22-2002: An Ordinance Amending Meridian City Code Section 6-2-1 Adding Definitions of Animal Control Agency, Animal Control Officer, Animal Control Shelter, At-Risk Dog, Bite, Dangerous Dog, Euthanasia, Justified Provocation, Physically Attack, Provoke, and Serious Injury, and Deleting Definition of Vicious Dog; Amending Meridian City Code Section 6-2-2, Regarding Animal Control Officers, City Animal Shelter, and Animal Control Agency; Repealing and Replacing Meridian City Code Section 6-2-6, Regarding Designation and Management of Dangerous or At-Risk Dogs; Amending Meridian City Code Section 6-2-8(P), Regarding Failure to Comply With Provisions Regarding Dangerous and At- Risk Dogs; Repealing Any Conflicting Ordinances; and Providing an Effective Date PUBLIC HEARING SIGN IN SHEET DATE : November 1 , 2022 ITEM # ON AGENDA : 1 PROJECT NAME : First Reading of Ordinance 22 - 2002 Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name Sf A L 2 3 `-�4 c�wcnl� �tr ��� e � � � s . 17K 4 5 I 6 i 7 8 g i 10 11 12 13 14 o It Y CITY OF MERIDIAN ORDINANCE NO. 22-2002 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 6-2-1 ADDING DEFINITIONS OF ANIMAL CONTROL AGENCY, ANIMAL CONTROL OFFICER, ANIMAL CONTROL SHELTER, AT-RISK DOG, BITE, DANGEROUS DOG, EUTHANASIA, JUSTIFIED PROVOCATION, PHYSICALLY ATTACK, PROVOKE, AND SERIOUS INJURY, AND DELETING DEFINITION OF VICIOUS DOG; AMENDING MERIDIAN CITY CODE SECTION 6-2-2, REGARDING ANIMAL CONTROL OFFICERS, CITY ANIMAL SHELTER, AND ANIMAL CONTROL AGENCY; REPEALING AND R.EPLACING MERIDIAN CITY CODE SECTION 6-2-6, REGARDING DESIGNATION AND MANAGEMENT OF DANGEROUS OR AT-RISK DOGS; AMENDING MERIDIAN CITY CODE SECTION 6-2-8(P), REGARDING FAILURE TO COMPLY WITH PROVISIONS REGARDING DANGEROUS AND AT- RISK DOGS; REPEALING ANY CONFLICTING ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Meridian finds that the following ordinance will serve the public health, safety, and welfare of the people of Meridian; 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 6-2-1 shall be amended as follows: Definitions. As used in this chapter, the following terms shall be defined as in this section provided: 1. Abandoned animal means an animal that is impounded in accordance with the provisions of this chapter, and is. A. Suffering from serious injury, rabies, or other serious disease; B. Not wearing a legible license when it is impounded; C. Voluntarily relinquished by its owner; or D. Not reclaimed by its owner after five (5)working days of such impoundment, except that such time shall be tolled where the dog owner appeals a declaration that the dog is avieieus dog an At-Risk or Dangerous Dog. 2. Animal means any member of the animal kingdom, except members of the human race. 3. Animal Control Aaency means an organization or agency designated and duly authorized by Meridian Ci1y Council to enforce the provisions of this chqpter. 4. Animal Control Officer means �Lny individual authorized by the Ci1y, by the Animal Control Agency, or by law to enforce the provisions of this chgpter. ANIMAL CONTROL ORDINANCE PAGE 1 5. Animal Shelter means an animal control facilily designated by the Cily or the Animal Control Agency as the location for the iMpounding of animals. 6.At-Risk Dog means gLny dog that: A. Without justified provocation bites or physically attacks a person without causing serious injM, as defined in this Chgpter; o B. Without justified provocation and while at-large has killed, inflicted injm, o otherwise caused injM to a domestic animal by attacking a domestic animal not on the real property of the owner of the attacking dog. C. Has previously been found to be an At-Risk dog pursuant to the Idaho Code or a substantially conforming ordinance or statute from foreign jurisdiction. 7. Bite or Bitten means the skin of an individual has been broken or penetrated by an animal's teeth in an act of aaaression, attack or defense. 00,aninial shelter means the pr-ifnafy leeation at whieh aftimals shall be impounded in aeeer-danee with the . . . f this ehapter, as designated by the Chief ef Poliee. 8. Cruelty to animals means the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal, including, but not limited to. A. Depriving of or failing to provide an animal with adequate food, water, shelter, and/or essential veterinary care. B. Leaving an animal in one's possession, custody, control, or care unattended for more than thirty-six (36)hours. C. Maliciously or cruelly killing, maiming, wounding, beating, mutilating, torturing, tormenting, overworking, or otherwise abusing any animal. D. Allowing, arranging, or instigating a fight between two (2) animals, or training one (1) or more animals to fight other animals. E. Making accessible to any animal, by any means, with intent to cause harm or death, any substance that is poisonous, or that has, in any manner, been treated or prepared with any harmful or poisonous substance, except that this definition shall not include the lawful use of poisonous substances for the control of rodents and/or insects in furtherance of the public health; nor shall this definition include the lawful use of poisonous substances by a veterinarian or animal control officer for the purposes of euthanizing an animal. 9.Dangerous D!2g means any dog that: A. Without justified provocation has inflicted serious injjU on a person; B. Has previously been found to be At-Risk and thereafter bites or physically attacks person without justified provocation, with or without causing a serious injLIM C. Has previously been found to be a Dangerous dog pursuant to Idaho Code or a substantially conforming ordinance or statute from a foreign jurisdiction; or D. Has previously been found to be At-Risk and thereafter inflicts injm to a domestic ANIMAL CONTROL ORDINANCE PAGE 2 animal not on the real property of the owner of the dog. 10.Dog means any male or female member of the canine family. 11. Euthanasia means a procedure in which an animal is humanely killed by a method that is painless to the animal and causing unconsciousness and death. 12.Impound means to deliver a seized animal to the city animal shelter. 13.Justifled Provocation means to perform any act or omission that a reasonable person with common knowledge of dog behavior would conclude is likely to precipitate a bite or attack by an ordinary dog. Justified Provocation includes, but is not limited to, the following: A. The dog was protecting or defending a person within the immediate vicinily of the dog from an attack or assault; B. The person who was bitten or attacked was committing a crime or offense Oon the property of the owner or custodian of the dog; C. The person who was bitten or attacked was willfully tormenting, abusing o assaulting the dog, or had done so in the past; D. The dog was responding to immediate pain or injM or protecting its offspring; E. The dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injujY sustained was to a person who was interfering with the dog while the dog was working in a place where it was lawfully engaged in such activity; or F. The person was intervening between two (2) or more animals engaged in aggressive behavior or fighting, unless one or both of the animals is at large. 14.Livestock means domesticated animals, traditionally kept for use or profit, which are housed outdoors and/or in outdoor enclosures such as pens, barns, barnyards, pastures, corrals, coops, sties, stables, or paddock areas. Livestock shall include, but is not limited to-. horses, donkeys, mules, cattle, llamas, alpacas, swine, sheep, goats, rabbits,poultry, and/or domesticated birds, exeept that this definition shall not inelude including chicken hens and roosters. 15. Own means to be the owner thereof; or to keep, harbor, or possess; or to accept or maintain custody, control, or care thereof. 16. Owner means any person owning, keeping, harboring, or possessing an animal, or accepting or maintaining custody, control, or care of an animal. 17.Physicall y attack means an aggressive action Lipon a person by a dog in which there is physical contact between the dog and the person. 18.Provoke means a person performing an act or omission that an ordina!y and reasonable person would conclude is likely to precipitate dog aggression in the form of a bite or attack. 19. Seize means to take custody of an animal ANIMAL CONTROL ORDINANCE PAGE 3 20. Serious Injuty means an injM to a person characterized by bruising, laceration, or other injM that would cause a reasonably prudent person to seek treatment from a medical professional without regard to whether the person actually sought medical treatment. 2 1. Veterinarian means a doctor licensed to practice veterinary medicine in the State of Idaho. Vieieus Dog means a dog deelar-ed by the animal eepAral effieeF to be a vieieus do Section 2. That Meridian City Code 6-2-2 shall be amended as follows: 6-2-2: Animal control officers; city animal shelter-, animal control agency. A.Animal Control Agency. City Council shall gppoint an Animal Control Agency and authorize same to enforce the provisions of this choter. A-. B.Animal control officers. The Chief of Police or the duly gppointed animal control agpEcy shall appoint eiie (1) ef m animal control effieer-(s) officers who shall, under the direction of the Chief of Police, or the animal control agency, have the authority to enforce the provisions of this chapter. Additionally, #+L-animal control officers shall be authorized to. 1. Seize and impound animals that are at large and unattended in city limits. 2. Seize, impound, and euthanize animals in accordance with the provisions of this chapter. 3. Remove and properly dispose of the carcass of any dead animal found in any public place. 4. Declare that an animal is abandoned. 5. Decide whether an abandoned animal shall be euthanized or made available for adoption. 6. Declare that a dog is a vieietts Dangerous or At-Risk dog. 7. Seize and impound vieieus Dangerous or At-Risk dogs in accordance with the provisions of this chapter, and euthanize same as authorized by this chapter. 8. Issue uniform citations for violations of this chapter. The notice of ordinance violation m,qy be signed by any person witnessing a violation as well as the witnessing Animal Control Officer whose name shall be affixed on the notice of ordinance violation. B-. C. City animal shelter. The Chief of Pokee 01y shall designate a city animal shelter. Such animal shelter shall provide adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of animals impounded therein. Section 3. That Meridian City Code section 6-2-6 shall be repealed and replaced with language to read as follows: 6-2-6. -Designation and Management of Dangerous or At-Risk Dogs: A. Purpose. Dangerous and At-Risk dogs found within the boundaries of the City of Meridian present a risk to the health, safety, and welfare of persons and other animals. ANIMAL CONTROL ORDINANCE PAGE 4 The purpose of this section is to provide policies and procedures for the safe management of Dangerous and At-Risk dogs to promote the public health, safety, and welfare, while also promoting the humane and ethical treatment of animals. B. Procedurefor Designating a Dog as Dangerous or At-Risk. I. If an Animal Control Officer has probable cause to believe a dog is Dangerous or At-Risk, as those terms are defined in this Chapter, the officer shall have authority to designate the dog as Dangerous or At-Risk and shall serve a written Notice of Designation on the owner of the dog. An Animal Control Officer shall have authority to designate an animal regardless of whether or not an owner has been charged with a crime. The Notice of Designation shall: a. Be personally served on the owner by an Animal Control Officer or other authorized person, or mailed to the owner via U.S. Mail. b. Identify whether the dog is being designated as Dangerous or At-Risk; c. Identify the date on which the officer determined the dog to be Dangerous or At-Risk; d. Provide a description of the factual circumstances and events that support the officer's decision to designate the dog as Dangerous or At-Risk; e. Provide a clear description or photograph of the dog; f. Provide notice that the owner may appeal the officer's decision to designate the animal as Dangerous or At-Risk, describe the appeal process as set forth in this chapter and explain that if the owner chooses to appeal the officer's decision, the owner shall be responsible for any fees associated with boarding and caring for the dog during the time the petition and any additional proceedings are pending, as well as any fees associated with processing and considering the appeal,pursuant to the fee schedule of the Animal Control Agency; g. Provide notice that the officer's designation decision shall become final after ten (10)business days if the owner fails to appeal the Notice of Designation; h. Provide notice that the owner of a dog designated as At-Risk or Dangerous may either keep the dog in their possession and be subject to the restrictions the Animal Control Agency puts in place for the keeping of such dog, or may voluntarily relinquish custody of a dog to the Animal Control Agency; and i. Provide notice that a dog voluntarily relinquished to, or seized by, the Animal Control Agency pursuant to this section may be adoption or euthanasia, in the sole discretion of the Animal Control Agency. 2. No dog may be designated as Dangerous or At-Risk when, at the time an injury or damage was sustained, the precipitating cause constituted justified provocation, as defined in this chapter. 3. An Animal Control Officer has the authority to seize and impound a dog that has been determined, by an Animal Control Officer, to be a Dangerous dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs as set forth herein, the officer shall provide notice to the owner ANIMAL CONTROL ORDINANCE PAGE 5 of the requirements and restrictions for keeping At-Risk dogs as provided in this section. 4. When an Animal Control Officer designates a dog as At-Risk the Animal Control Officer shall have authority,but is not required, to seize and impound the dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs as set forth herein, the officer shall provide notice to the owner of the requirements and restrictions for keeping At-Risk dogs as provided in this section. C. Appeal. An affected person, shall have a right to appeal an Animal Control Officer's decision to designate a dog as Dangerous or At-Risk. These appeal procedures shall not apply to the appeal of criminal charges that may be imposed under this section. I. The dog owner may file an appeal with the director of the Animal Control Agency. 2. The appeal must be in writing, must be accompanied by the fee for processing such appeal per the Animal Control Agency's fee schedule, and must be received by the director within ten (10)business days of the mailing of notice or service of the Notice of Designation. 3. The written appeal shall briefly set forth the factual or legal basis for disputing the designation. 4. Upon receipt of the appeal, the director shall schedule the matter for a hearing to be held no sooner than fourteen(14) days, nor longer than twenty(2 1) days from the date of receipt of the petition. 5. The director shall provide the dog owner notice of date, time, and location of the hearing by sending the written notice via U.S. Mail. If the owner is unavailable on the scheduled date, the owner and director may continue the hearing to a mutually agreed upon date within fourteen (14) days of the original hearing date. 6. The director, or the director's designee, shall act as a hearing officer at the scheduled hearing. The hearing may be held in person or conducted telephonically at the discretion of the director. At this hearing, the owner shall have the opportunity to present argument and evidence to the hearing officer to refute the designation. The animal control officer who made the enforcement decision shall attend the hearing to offer argument or evidence in support of the enforcement decision. 7. After considering the argument and evidence presented, the hearing officer shall enter a decision either sustaining or vacating the designation, which decision shall be supported by a preponderance of the evidence. The decision shall be written and sent to the petitioner via U.S. mail no later than(7) days after the hearing. 8. Failure by the owner to attend the hearing shall constitute waiver of their appeal, and the designation shall be considered the final decision of the animal control agency. 9. The animal control agency is authorized to adopt and collect a fee to recover costs associated with processing and considering the appeal. 10. The owner shall be responsible for any fees associated with boarding and caring for the dog during the time the appeal and any additional proceedings are pending. ANIMAL CONTROL ORDINANCE PAGE 6 D. Keeping Dangerous Dogs. The owner of a dog designated as Dangerous, or a new adoptive owner of a dog designated as Dangerous prior to being adopted, shall comply with the following restrictions for the keeping of such dog within the boundaries of the City of Meridian: I. The owner shall license the dog as required by this Chapter. 2. The dog shall be registered with the Animal Control Agency as a Dangerous Dog. 3. The owner shall have a microchip implanted in the dog that allows for identification of the animal and shall report the microchip number to the Animal Control Agency. 4. The owner shall be required to procure and maintain dog liability insurance or other insurance policy of not less than one hundred fifty thousand dollars ($150,000) for a dog that is designated as Dangerous based on an attack or injury inflicted on any person, and/or dog liability insurance or other insurance policy in the amount of twenty thousand dollars ($20,000) in the case of a dog that is designated as Dangerous based solely on attacks or injuries inflicted on another animal. Such insurance policy shall cover any and all damage or injury that may be caused by such Dangerous dog, and shall be in place for the life of the dog. The City of Meridian shall be named as an additional insured party on this policy for the purpose that the City will be notified by the insurance company if the policy is cancelled, terminated, or otherwise expires. 5. The dog shall be contained within a secure enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure annually, and if the enclosure is found to be defective or inadequate, an Animal Control Officer may seize and impound the dog until the enclosure is found to be adequate. 6. The owner shall be required to post signs on their property that announce to other persons that there is a Dangerous dog on the property. Such signs must be placed at any and all potential entrance points to the yard and home (such as at gates, doors, and on the enclosure where the dog is kept), and must include words indicating the presence of a"vicious" or"Dangerous" dog. A sign merely stating "Beware of Dog,"without also identifying the dog to be "vicious," or "Dangerous," shall be insufficient. 7. In the event the owner takes the dog off the owner's property, at all times, the owner shall keep the dog on a leash no greater than three (3) feet in length, and the dog shall also be required to wear a muzzle. The leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog. The owner shall not allow the dog to be off leash within the City of Meridian, including in any areas designated as off leash areas. The owner shall ensure that the dog does not have physical contact with any other dog or person other than the owner or immediate family of the owner when off the property of the owner. 8. The owner shall spay or neuter the dog. 9. The owner shall schedule and obtain annual inspections of the dog and the enclosure by the Animal Control Agency. ANIMAL CONTROL ORDINANCE PAGE 7 10. The owner shall receive a copy of these restrictions, and sign an agreement to comply with these restrictions for the keeping of Dangerous Dogs within the boundaries of the City of Meridian. E. Keeping At-Risk Dogs. The owner of a dog designated as At-Risk, or anew adoptive owner of a dog designated as At-Risk prior to being adopted, shall be subject to the following restrictions for the keeping of such dog within the boundaries of the City of Meridian: I. The owner shall license the dog as required by this chapter; 2. The owner shall have a microchip implanted in the dog that allows for identification of the animal and shall report the microchip number to the Animal Control Agency; 3. The dog shall be contained within an enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure, and if the enclosure is found to be defective or inadequate by the agency the owner shall not be permitted to keep the dog until the enclosure improved as requested by the Animal Control Agency. Therefore, the dog may be impounded until the enclosure is repaired or improved. Failure to improve the enclosure shall result in the inability of the owner to keep the At-Risk or Dangerous dog; 4. In the event the owner takes the dog off their property, the dog shall be on a leash no greater than six (6) feet in length. Further the leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog; the dog must not be allowed to be off leash within City limits including any areas designated as off leash areas, the dog shall not be kept at dog care facilities where dogs are kept in group off leash housing. The owner or custodian of the dog shall ensure that the dog is not allowed to have physical contact with any other dog or person other than the keeper, custodian or immediate family of the owner when off the property of the owner. F. Noncompliance; seizure of dog. In addition to any criminal penalties, failure to comply with any of the restrictions in section(C) or(D) above may result in the dog being immediately seized and impounded. An owner is permitted to redeem the animal from impound so long as the owner comes into compliance with the provisions of section(C) or(D), whichever is applicable, within ten (10) days of the dog being seized. If the owner fails to come into compliance with the provisions of the applicable section(C) or(D) within ten(10) days of the dog being seized, the Animal Control Agency may place the dog up for adoption or euthanize the dog, in accordance with the adoption or euthanasia provisions set forth in this Chapter. G. Transfer of ownership ofAt-Risk or Dangerous Dogs: If an owner of an At-Risk or Dangerous dog transfers ownership of the dog to another person, the original owner shall be obligated to notify the new owner of the designation. Further, the original owner shall be obligated to notify the City of the transfer of ownership of the animal, and provide to the Animal Control Agency the name, physical address, and telephone number of the new ANIMAL CONTROL ORDINANCE PAGE 8 owner of the dog. The new owner shall comply with the requirements set forth in this section for keeping At-Risk or Dangerous dogs. H. Disposition ofDogs Designated as Dangerous or At-Risk. I. In the event a dog designated as Dangerous again, while unprovoked,physically attacks a person, or a domestic animal, such dog shall be subject to immediate impounding by the Animal Control Agency. If the designation is not appealed to the Animal Control Agency or upheld on appeal the dog shall be humanely euthanized as expeditiously as reasonably possible. Such second attack need not cause serious injury for this provision to apply. 2. Where a Dangerous or At-Risk dog is voluntarily relinquished to the Animal Control Agency by the owner, or where the owner does not redeem the dog from impound within the timelines set forth in this Chapter, the Animal Control Agency shall be permitted to place the dog for adoption if, in agency's judgment, the dog can be safely adopted to a new home. Where the agency concludes the dog cannot be safely adopted, the agency shall humanely euthanize such animal. 3. If the Animal Control Agency chooses to place for adoption a dog currently or previously designated as Dangerous or At-Risk, the Animal Control Agency shall provide written notice to the person(s) adopting the dog of its current or previous designation. Prior to approving the adoption, the agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation. Further, where the designation is currently in place and not expired or vacated, the Animal Control Agency shall notify the person(s) adopting the animal of the restrictions placed on an owner of such animal provided for in Meridian City Code §§ 6-2-6 (C) or (D), and the owner shall comply with these restrictions. The agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation. 4. The Animal Control Agency, in its sole discretion, shall be authorized to deny a request to adopt a Dangerous or At-Risk dog. The agency's decision to deny an adoption request under this provision is not subject to appeal. 5. The Animal Control Agency shall keep records of dogs designated as Dangerous or At-Risk. The records kept shall include, without limitation, information identifying the dog (including name, breed, color and markings description, microchip number, and gender), the date of the Notice of Designation, and the name and contact information for the current owner of such dog. 1. Expiration or cancellation ofAt-Risk designation. The designation as an At-Risk dog shall expire twenty-four(24) months after the Notice of Designation is served on the current or previous owner,provided the dog has not committed an act during that twenty- four(24)month period that would constitute grounds to designate the dog as Dangerous or again designate the dog as At-Risk. J. Owner to payfees. The owner of a dog impounded under any provision of this section shall be liable to the Animal Control Agency for fees and costs associated with boarding and caring for the animal until the animal is redeemed from impound, adopted, or euthanized, except where the animal was voluntary relinquished to the Animal Control Agency. K. Noncompliance. An owner of a dog who violates or fails to comply with any provision of Meridian City Code section 6-2-6 shall be guilty of a misdemeanor. ANIMAL CONTROL ORDINANCE PAGE 9 L. Exceptions. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, may be declared Dangerous or At-Risk if the action that would be so defined by this definition took place while the dog was acting within its capacity for law enforcement purposes. Section 4. That Meridian City Code section 6-2-8(P) shall be amended as follows: P. Harboring+4eieHs-dog�Q It shall be unlawful for any person to violate or fail to comply with the provisions of Meridian City Code section 6-2-6.40 own a vieious dog in the City of Meridian more than feui4een (14) days following thee en"of a final decision that the dog is avieieus dog. Few4een (14) days following the entry of a final deeision that the dog is avieious dog, sueh dog may be eonsider-ed to eefttraband, and fflay be seized pufstiant to warfant and euthanized. A violation of this subsection shall constitute a misdemeanor. Additionally, . .:Aion, the eotH4 ma a+ttherize the animal eea4r-el effieer to seize, impeoftd; and/or-euthanize the dog giving rise to the violation. Section 5. That all City of Meridian ordinances, or resolutions, or parts thereof,which are in conflict herewith, are hereby repealed. Section 6. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this _day of 52022. APPROVED by the Mayor of the City of Meridian, Idaho, this_day of 2022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk 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. ANIMAL CONTROL ORDINANCE PAGE 10 William L. M.Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 22 - An ordinance amending Meridian City Code section 6-2-1, adding definitions of animal control agency, animal control officer, animal control shelter, At-Risk dog, bite, Dangerous dog, euthanasia,justified provocation, physically attack, provoke, and serious injury, and deleting definition of vicious dog; amending Meridian City Code section 6-2-2, regarding Animal Control Officers, City animal shelter, and Animal Control Agency; repealing and replacing Meridian City Code section 6-2-6, regarding designation and management of Dangerous or At-Risk dogs; amending Meridian City Code section 6-2-8(P), regarding failure to comply with provisions regarding Dangerous and At-Risk dogs; repealing any conflicting ordinances; and providing an effective date. ANIMAL CONTROL ORDINANCE PAGE I I E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda: None Item #2: Idak Subdivision (SHP-2022-0010) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 2.09 acres of land, zoned R-2, located at 840 E. Ustick Road. History: H-2019-0098 (Annexation and Zoning) Comprehensive Plan FLUM Designation: Low Density Residential Summary of Request: The proposed short plat will split an existing residential lot into two (2) building lots for the purpose of constructing a dream home on the new lot. The existing home is proposed to remain and is located within the required landscape buffer to Ustick Road, an arterial street. The Applicant has requested Alternative Compliance (ALT) to the buffer width due to the existing landscaping and the location of the home being located within the buffer following the widening of Ustick Road. The Director and Staff have approved the ALT request consistent with the provisions outlined in code. The subject property was annexed in 2019 (H-2019-0098) for the purpose of connecting the existing home to City water & sewer. At the time of annexation, future plans for the property were not yet known so the City annexed the property with the R-2 zoning designation delineating that the property would be low density residential in the future, consistent with the future land use designation on the subject property. Further, due to the existing home remaining and the anticipation that future development would require subdivision, access to the site was noted to be analyzed with future applications in accord with UDC 11-3A-3. Therefore, Staff is analyzing access to the property with this short plat application. UDC 11-3A-3 requires properties that currently take direct access to arterial streets to take access from a local street upon development. In this case, no existing local streets are available to take access from. Therefore, Staff is recommending the following revisions to the proposed access consistent with UDC standards: 1. Relinquish existing rights to the shared access easement with 870 E. Ustick; 2. Add a common drive, within a common lot, along the west and north property boundaries of the proposed Lot 2, the lot containing the existing home; 3. Show existing home and proposed home to take access from new common drive instead of the shared access to the east; and, 4. Add a note to the plat stating cross-access for the proposed building lots (Lots 1 & 2) and for access to 870 E. Ustick, consistent with UDC 11-3A-3. Staff has confirmed the existing 3-bedroom home does not have the required garage per UDC 11-3A-6. In order to comply with code, the Applicant is required to construct a garage for the existing home unless otherwise waived through a future CUP application as outlined in UDC 11-1B. Staff Recommendation: Approval, with conditions as noted in the staff report Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number SHP-2022-0010, as presented in the staff report for the hearing date of November 1, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number SHP-2022-0010, as presented during the hearing on November 1, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number SHP-2022-0010 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #3: Slatestone Sub. (H-2022-0039) Application(s):  Annexation and Zoning, and Preliminary Plat Size of property, existing zoning, and location: This site consists of 4.85 acres of land, zoned RUT, located at 2707 S. Stoddard Road. Comprehensive Plan FLUM Designation: Medium Density Residential (MDR, 3-8 du/ac) Summary of Request: Request for Annexation and Zoning of 5.04 acres of land with the R-8 zoning district and a preliminary plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district. The subject site is abutted by a public road to the east, Stoddard Road. Abutting to the north and west property lines is an existing R-8 development, Fall Creek Subdivision; to the south is County residential not yet annexed into the City of Meridian. The subject property is designated as Medium Density Residential on the future land use map consistent with existing development to the west and north. Proposal for 15 building lots on 4.85 acres of land which constitutes a gross density of 3.09 units per acre. The residential lots are shown to meet all UDC dimensional standards per the submitted plat and the required landscape street buffers are shown according to the submitted landscape plans. The minimum building lot size proposed throughout the project (excluding the lot for the existing home) is approximately 6,150 square feet which exceeds the 4,000 square foot minimum lot size for the requested R-8 zoning district. Proposed use of detached single-family residential is a permitted use in the requested R-8 zone. Applicant has noted the development is expected to develop in two phases with an intent to keep the existing home and outbuilding and some pasture within phase 2. Phase 1 is proposed with 12 lots and both common driveways and Phase 2 is proposed with the remaining three (3) building lots. Access is proposed via a new local street connection to S. Stoddard Road, an existing collector street along the east property boundary. Access to all proposed homes is shown from this new local street that ends in a cul-de-sac and includes two common drives (one in the southeast corner and one near the northwest corner). Lot 14 common drive does not appear to comply as it creates a sidewalk gap on the public street and does not extend 20 feet past the property line for Lot 16. The Applicant should continue the curb, gutter, and 5-foot sidewalk between Lots 13 & 18 consistent with the curve of the public street and mirror the design of the Lot 8 common drive. Size of the property is just below the 5 acres minimum that would require 15% qualified open space within the requested R-8 zoning district. Staff does not find it prudent to require a minimum 15% qualified open space when Bear Creek Park is a quarter mile to the north off of Stoddard. However, Staff voiced concerns with the originally proposed open space for this development and a desire to create an area where people can congregate and/or kids can play within this development. In response, the Applicant has proposed additional linear open space along a portion of the north boundary with a micro-pathway that essentially creates a pedestrian loop within the subdivision between the two linear open space lots along the north and south boundaries. The Applicant has also included two park benches along the widest portion of the new linear open space between building Lots 3 & 4 when no amenity was proposed previously. Staff finds the latest revision creates more active open space as the walking paths are repeatedly noted as a used amenity/open space within subdivisions. An alternative presented by Staff was to replace one of the lots within the subdivision and add a common open space lot for more active recreation and use. Should Commission or Council prefer a larger common open space lot over the proposed linear open space, Staff recommends a centralized location for the development (i.e. Lot 2, 4, or 10) and an amenity be located within it. Staff prefers this option over the proposed micro-paths but did not specifically recommend it within the staff report. Commission Recommendation: Approval Summary of Commission Public Hearing: Key issue(s) of public testimony: a. Concern over proposed development being adjacent to two county parcels to the south; b. Desire for homes along south boundary to be limited to 1-story homes; Key issue(s) of discussion by Commission: a. Proposed linear open space versus singular large common open space area as discussed in staff report; Recommendation to widen sidewalk along Stoddard to 10 feet to reflect a multi-use pathway—ACHD plans b. to widen road and include 10-foot sidewalk on each side; Purpose of proposed phasing and timing of development by the Applicant; c. Common driveway design and potential trash collection and parking issues; Commission Change(s) to Staff Recommendation: - None Outstanding Issue(s) for City Council: - Sidewalk vs. Pathway along Stoddard Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0039, as presented in the staff report for the hearing date of November 1, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0039, as presented during the hearing on November 1, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0039 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #4: Allure Subdivision (H-2022-0050) Application(s):  Rezone, Development Agreement Modification (MDA), and Preliminary Plat Size of property, existing zoning, and location: This site consists of 37.34 acres of land, zoned R-4, located at 5385 S. Meridian Road, directly north of the half-mile mark on the west side of Meridian Road between E. Amity and E. Lake Hazel Road. History: H-2015-0019 (South Meridian Annexation) Comprehensive Plan FLUM Designation: Medium Density Residential (MDR, 3-8 du/ac). Summary of Request: Request to Rezone 39.39 acres of land from the R-4 to the TN-R zoning district; Preliminary Plat consisting of 226 single-family building lots and 36 common lots on 37.34 acres in the requested TN-R district; and Modification to the existing development agreement (Inst. #2016-007091), as required by the existing development agreement provisions, for the purpose of entering into a new agreement consistent with the proposed project and plat. Proposed with 226 building lots on 37.34 acres which constitutes a gross density of 6.05 du/acre which is consistent with the MDR designation on the property and is slightly more than Briar Ridge to the south (5.84 du/acre). In addition, the requested TN-R zoning district requires a minimum net density of 6 du/acre, the net density of Allure is nearly 7.5 du/acre making the subject plat compliant with this standard. Through the pre-planning process, the Applicant and Staff worked together to propose different housing types within this project to both match and diversify the housing types proposed with Briar Ridge to the south. The grid-like street layout and the different housing types also led the Applicant to request the TN-R zoning district as Briar Ridge did. Staff supports this request and the overall proposed layout as it continues the design and future transition from the properties further to the south. Staff finds this development to be generally consistent with the Comprehensive Plan. However (as noted with Briar Ridge), despite this development meeting a majority of the comprehensive plan policies and being proposed with an insightful and carefully considered site design, there are minimal urban services nearby. Thankfully, the property does abut an area of mixed-use community designated property to the north which is anticipated to contain commercial uses in the future; the proposed site design (stub street and pedestrian facility locations) helps set up appropriate connectivity between this project and the anticipated commercial uses to the north. Access is via a new local street connection to W. Quartz Creek Street, a new collector street along entire south property boundary. Project is proposed to complete W. Quartz Creek (collector street) improvements for shared access to Meridian Road/SH 69; the approved Briar Ridge project to the south is constructing at least half of the proposed Quartz Creek street section with a majority of the required pavement. 3 stub streets are proposed to adjacent underdeveloped properties. Project did not meet secondary access requirements as originally submitted; approved secondary access is required by Meridian Fire. Staff has recommended constructing an emergency access to Meridian Road with phase 1 consistent with the noted “option B” in the Applicant’s exhibit. Staff has not received additional information regarding “option A” but should this occur, the condition of approval would become void as a public street access would be constructed. ACHD is requiring a secondary public street access to be st constructed prior to signing any plat containing the 101 home because the additional vehicle trips from this development will push the Quartz Creek access to SH 69 over the allowed threshold for a singular collector street access, 3,000 daily vehicle trips. Specifically, Briar Ridge to the south accounts for approximately 2,000 of those allowed trips so Allure is allowed to add an additional 1,000 trips. Through the TIS, ITD is requiring an additional 12 feet of right-of-way along Meridian Road for the purpose of constructing a future southbound right-turn lane from SH 69 onto W. Quartz Creek Street. Contrary to previous requirements for Briar Ridge to the south, this Applicant is not required to enter into a cost share agreement for intersection improvements to the Amity/SH 69 intersection. The remaining roads proposed within this development are local streets that are at least 33 feet wide with 5-foot detached sidewalk and 8-foot parkways creating a beautiful streetscape and identity for the entire project and continues the traditional neighborhood design. However, a number of the internal local streets will require traffic calming prior to ACHD final approval; Staff has included a condition of approval consistent with this requirement by ACHD. Internal Project: There is an existing home and outbuilding on approximately 1 acre along Meridian Road but no other site improvements are known. The historical use for the subject site is agricultural in nature—the property owner intends on continuing to farm the property as the project develops over time. Staff has included a DA provision related to this request. The proposed uses within this project are all residential—detached single-family residential, detached alley-loaded single-family, attached single-family, and alley-loaded townhomes; all uses are permitted residential uses within the requested TN-R zoning district. The project is proposed to be constructed in five (5) phases according to the submitted preliminary plat page 1. The submitted preliminary plat shows a minimum lot size proposed of 2,300 square feet and an overall average lot size of 4,343 square feet; the residential lots appear to meet all UDC dimensional standards for the TN-R zoning district. The proposed sidewalks and parkways meet UDC 11-3A-17 standards and ACHD standards. In addition to the internal sidewalks, the Applicant is required to construct a segment of 10-foot wide multi-use pathway along the Meridian Road frontage, per the Master Pathways Plan. The Applicant is showing this required pathway segment within a landscaped common lot, per code requirements. Allure Subdivision is proposed with a preliminary plat area of approximately 37 acres in the TN-R zoning district requiring a minimum of 15% qualified open space (or 5.6 acres) and a minimum of eight (8) amenity points, per UDC 11-3G-3 & 11-3G-4. The Applicant is continuing a segment of multi-use pathway along the Meridian Road that is approximately ¼ mile long which equates to two (2) amenity points. In addition to the pathway, the Applicant is proposing a swimming pool with changing facilities and restrooms which qualifies for six (6) amenity points and a playground area which qualifies for two (2) amenity points, all within the central open space lot. Therefore, the Applicant is proposing amenities worth a total of 10 amenity points and exceed the minimum requirements of UDC 11- 3G-4. The Applicant’s revised open space exhibit (Section VII.D) shows 6.42 acres of qualified open space (approximately 17.2%), exceeding the minimum required amount of 5.6 acres. Commission Recommendation: Approval Summary of Commission Public Hearing: Key issue(s) of public testimony: a. Support of project and desire to partner with Applicants in this area to help construct the access to Amity for the purpose of getting a local street access instead of an arterial access and a connection to sewer services; b. Support of project and appreciation of Staff’s assistance following the passing of the original developer, Matt Schultz. Key issue(s) of discussion by Commission: a. Proposed common driveways in their numbers and noted concerns with trash collection and overflow parking; b. Timing of development phasing, specifically in regards to nearby urban services and the needed access to the north to Amity; c. Proposed parking for alley-loaded townhomes—confirmation that each unit has a tuck-under garage as well as a parking pad/driveway; d. Clarification on any motion regarding the emergency/secondary access required for Fire; e. Requirement and timing of the deceleration lane and turn-lane onto Quartz Creek Street from the north; f. Concern over the singularly proposed pool and its size for the proposed number of homes and future residents—caution to the Applicant on size of pool and potential of additional amenities being needed in the future. Commission Change(s) to Staff Recommendation: - None Outstanding Issue(s) for City Council: - None Written Testimony since Commission Hearing: Pastor Doug Connelly – Support for project in its design as well as the shared interest in obtaining a public street connection out to Amity for both vehicular access and sewer access for the purpose of constructing a new church campus. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0050, as presented in the staff report for the hearing date of November 1, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0050, as presented during the hearing on November 1, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0050 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting November 1, 2022 Item #2: Idak Subdivision Short Plat With Common Drive Example Landscape Plans Item #3: Slatestone Subdivision PLANNED DEVELOPMENTZONING MAP Preliminary Plat Landscape Plan Elevations Item #4: Allure Subdivision PLANNED DEVELOPMENTZONING MAP Pre& Landscape Planplat (Phasing) - Elevations C E IDIAN*,----, �W, 11Q. - 11 AGENDA ITEM ITEM TOPIC: Public Hearing continued from October 18, 2022 for Idak Subdivision (SHP- 2022-0010) by Sawtooth Land Surveying, located at 840 E. Ustick Rd. Application Materials: https://bit.ly/SHP-2022-0010 A. Request: Short Plat to subdivide an existing single-family building lot into two (2) single-family building lots on approximately 2.09 acres in the R-2 zoning district. PUBLIC HEARING SIGN IN SHEET DATE : November 1 , 2022 ITEM # ON AGENDA : 2 PROJECT NAME : Idak Subdivision ( SHP - 2022 - 0010 ) 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 i 9 10 11 12 13 14 STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/18/2022 DATE: 7 TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner 208-884-5533 SUBJECT: SHP-2022-0010 ............. .......... Idak Subdivision L! LOCATION: Located at 840 E.Ustick Road, on the north side of E. Ustick Road near the 1/2 mile mark between N. Meridian Road and N. Locust Grove Road, in the SW _Aj 1/4 of the SE 1/4 of Section 3 1, Township 4N, Range 1E. 1. PROJECT DESCRIPTION Short Plat request to subdivide an existing single-family building lot into two (2) single- family building lots on approximately 2.09 acres in the R-2 zoning district, by Sawtooth Land Surveying. 11. APPLICANT INFORMATION A. Applicant: Amy Rosa, Sawtooth Land Surveying—2030 S Washington Ave,Emmett,ID 83617 B. Owner: Blaine Bergin—840 E.Ustick,Meridian, ID 83646 C. Representative: Same as Applicant 111. NOTICING City Council Posting Date Legal notice published in 10/2/2022 newspaper Radius notice mailed to property 9/29/2022 owners within 500 feet Page 1 Posted to Next Door 9/30/2022 IV. STAFF ANALYSIS The proposed short plat will split an existing residential lot into two (2)building lots for the purpose of constructing a dream home on the new lot. The existing home is proposed to remain and is located within the required landscape buffer to Ustick Road, an arterial street. The Applicant has requested Alternative Compliance(ALT)to the buffer width due to the existing landscaping and the location of the home; further analysis is below. As noted,the subject property has public road frontage along E. Ustick Road,an arterial street,that abuts the properties south boundary. Ustick Road was recently widened to its anticipated width and was reconstructed with Moot attached sidewalk on both sides of the roadway. Therefore,pedestrian connectivity along the arterial is code compliant. The subject property was annexed in 2019 (H-2019-0098)for the purpose of connecting the existing home to City water& sewer. At the time of annexation, future plans for the property were not yet known so the City annexed the property with the R-2 zoning designation delineating that the property would be low density residential in the future, consistent with the future land use designation on the subject property. Further, due to the existing home remaining and the anticipation that future development would require subdivision, access to the site was noted to be analyzed with future applications in accord with UDC I I-3A-3. Therefore, Staff is analyzing access to the property with this short plat application. Current access to the property is through a shared driveway along the southeast comer of the property that is located on the adjoining county parcel to the east, 870 E.Ustick. However, according to the submitted plat,the access easement is on the subject property with a portion of the easement encroaching on the comer of the existing home and not on the adjacent county parcel. With the subject applications,the Applicant is proposing a new access for the new building lot located where the current curb cut exists to Ustick near the midpoint of the south property line. UDC I I-3A-3 requires properties that currently take direct access to arterial streets to take access from a local street upon development. In this case,no existing local streets are available to take access from and Staff finds requiring this property owner to create a new local street would create minimal opportunities for future extension nor provide access to a relevant number of properties. Further,the intent of UDC 11-3A-3 is to"improve safety by combining and/or limiting access points to collector and arterial streets and ensuring that motorists can safely enter all streets."Therefore, Staff is recommending the following revisions to the proposed access consistent with UDC standards: 1. Relinquish existing rights to the shared access easement with 870 E. Ustick; 2. Add a common drive,within a common lot, along the west and north property boundaries of the proposed Lot 2,the lot containing the existing home; 3. Show existing home and proposed home to take access from new common drive instead of the shared access to the east; and, 4. Add a note to the plat stating cross-access for the proposed building lots (Lots I &2) and for access to 870 E. Ustick, consistent with UDC 11-3A-3. Staff has included a depiction of the proposed common drive location in Exhibit VI.0 below for visual purposes. In addition, it is unclear if the existing home has a garage consistent with off-street parking requirements in UDC I I-3A-6. The Applicant should verify the number of bedrooms of the existing Page 2 home and note on the plat the location of the garage. If there is no garage,the Applicant is required to construct a garage consistent with UDC standards. The Applicant has submitted two landscape plans that together depict the proposed landscape buffer along Ustick Road. Per UDC 11-2A-4, a minimum 25-foot wide landscape street buffer is required along Ustick. As discussed above,the Applicant is requesting Alternative Compliance to this requirement for the landscape buffer along Lot 2 for the existing home to comply with UDC dimensional standards. The submitted short plat depicts the required 25-foot landscape buffer on the remaining buffer length but the submitted landscape plan depicts only 15 feet of landscaping along Ustick on Lot 1. Staff does not support a reduction of the landscape buffer along Lot 1 and this area was not included in the ALT request, so the Applicant should revise the landscape plan prior to submitting for plat signature to depict the required 25-foot street buffer width. Further,the submitted landscape plan for Lot 1 does not appear to depict adequate ground cover consistent with UDC 11- 313-7 and UDC 11-313-5 by depicting landscape rock as the main ground cover material. Therefore, the Applicant should revise the landscape plan to depict adequate ground cover to comply with UDC standards prior to City Engineer's signature on the plat. ALTERNATIVE COMPLIANCE(UDC 11-5B-5B.2): The Applicant is requesting Alternative Compliance to the landscape street buffer dimensional standards outlined in UDC I I-2A-4 for the R-2 zoning district which requires a minimum 25-foot wide landscape street buffer to arterial streets. The alternative compliance proposal requests the City consider the location of the longstanding home and the existing landscaping along the Ustick frontage. According to the submitted landscape plans and plat,the Applicant is depicting a 15-foot wide landscape buffer along Ustick to be contained within an easement, as allowed by UDC 11-313-7. This buffer is shown to depict two trees, a number of columnar trees, and shrubs. Further,placing the landscape buffer within an easement allows the building setback to be measured from the back of sidewalk instead of the back of the buffer;therefore,the landscape buffer will not create a setback nonconformity for the existing home since it is approximately 17 feet from the back of sidewalk. After taking the existing conditions of the site into account and reviewing the landscape plan, Staff finds the proposed landscaping to be a sufficient means of complying with the landscape buffer dimensional standards and the required landscaping standards outlined in UDC I I-2A-4 and UDC I I- 313-7,respectively. The Director has approved the request for alternative compliance to Unified Development Code (UDC) 11-2A-4 for the subject property and only for the buffer depicted along Ustick on the proposed Lot 2,based on the required Findings listed in UDC I I-513-5E, as follows: 1. Strict adherence or application of the requirements are not feasible; or The Directorfinds it is notfeasible to meet the UDC requirement referenced above due to the location of the existing home relative to the recent widening of the adjacent arterial street, Ustick Road. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Directorfinds the Applicant's proposed alternative means of complying with the intent of the UDC, as proposed in the attached landscape plans andplat,provides an equal means of meeting the requirement. Page 3 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Directorfinds that the alternative means will not be materially detrimental to the public we�fare or impair the intended use andlor character ofsurrounding commercial property nor the approved multi-family development. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC I I-6B-5A.2 and the required zoning regulations of the R-2 zoning district and deems the short plat to be in substantial compliance with said requirements, except for those outlined to receive alternative compliance above. V. DECISION Staff- Staff recommends approval of the proposed short plat with the conditions noted in Section V11 of this report and in accord with the findings in Section V111. Page 4 VI. EXHIBITS A. Short Plat(dated: August 2022) OAK SUBEWISION BUOK—FA-5E— LCCATWIN THE 6VV1�dOFTHU$WV4 CFWCT"JP TAN-FL GARO 2m 7, -------- MiW--.9 wllr—I WZ�I-- -------------------- .............�j- IL -------------- - ILL .......... Mx(209)YNAM3 aki nvtyw,JL L C Page 5 OAK SLOOMEJON LOCAnP JN THE SWJA OF TWL�.5WPM OF 4SECTK�N 3 P T 4 �L FL f E.. J3.M CJ rY CF MI-RADVML A DA CLUN rY. OAR 2m IMAM 2 Aff'm r ir -din"In voathnnJi u rl I Ar d QJW Psi rmq7 SIZErMSEW % d 417- c .r I bd pin buk"O rnmp� r**tr k4uhm I alvi 44 1*w rr-h mitim..L v zopen-4, ff?Z wwm P:WK—slw 4r 6 LF 9� 6 911 dwm�jml:b 17 ELK ZrLdA�� 1111111M E*p�w iwiii ..p. 1101111111�-Fmp w IL Mir b __±L�j r Aw b wcmF I ILU W. A N L4."JO FF 2M 1p crlkr.7--Pr JJ3-w 0;IpN Lmller OPP A LWNIll On hapur W—OW-1p AmQ4 rh� ThuYghpgiu i L; sLlvfezqmeo9l Page 6 B. Landscape Plans(dated August 2022): PLANT LM DF51GNS .1.1 1 NEI—, bj YIBI ItI.III)i N L Al AND-.%!;L I-IR-N �3-SM-I BLOCK 1 loom Mom- t 1-AUMMA71C RR W=M 71 IN-0 IIIIIIIIIIIIN LA 1� S= r- -------- --------------- ------------ WHOM* IRRI-1--ENT k ­0 IC3 ----------------- -------------- --ALE-ENT USTICK RD. Page 7 ,MIS 33 C. Common Drive Visual—Staff Recommendation ap jar4mirt tiff kaj Arm* 01W T A Moen&or W% I hall AM ir ffixpaftv� ff A111"papc�4M OF M.PWA�Abalwdlm 14 M ML NOFFM p k IAN I~VMT w Jk�w --------------------- !.--7.- I\ . .. — - .. I H. ti.JN'Iph "14p r M M . um *.Ib Pam cWt V www A —ff if PMA' it UVRA 90 dw;"(d LF IPJ".Wj, Page 9 VII. CITUAGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2019-0098. 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, obtain the signatures from the Ada County Highway District and Central District Health Department. 4. The short plat prepared by Sawtooth Land Surveying in August,2022 by Fritz Brownell, included in Section VI.A, shall be revised as follows: a. Add a common drive,within a common lot, along the west and north property boundaries of the proposed Lot 2,the lot containing the existing home, substantially consistent with the exhibit in VI.0 above. b. Show existing home and proposed home to take access from new common drive. c. Add a plat note granting cross-access for the proposed building lots(Lots I &2)of this subdivision and 870 E.Ustick to utilize the new common drive. d. Direct lot access to Ustick Rd is prohibited in accord with UDC 1 1-3A-3. 5. Per UDC 11-513-513.2,the Director(at the applicant's request)approved alternative compliance regarding the landscape buffer width on Lot 2 (LTDC I I-2A-4). See"Alternative Compliance"section above for staff analysis. 6. Prior to submittal for the City Engineer's signature on the plat,revise the landscape plans to depict the required 25-foot wide buffer along Ustick Road on Lot 1 per LTDC Table 11-2A-4 and vegetated in accord with UDC I 1-313-5 & I 1-313-7 standards. 7. The existing home on Lot 2 and any future home on Lot I shall adhere to the off-street parking standards outlined in UDC 11-3 C-6 based on the number of bedrooms per household. 8. The common drive shall be constructed and maintained in accord with LTDC 11-6C-3D standards. 9. An exhibit shall be submitted with the Final Plat Signature application for the common driveway that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with LTDC 11-6C-3D. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 10. Prior to obtaining City Engineer's signature on the plat,the Applicant shall provide written verification that their interest in the shared access easement(Inst. #310704)between 870& 840 E. Ustick has been relinquished(i.e. a new recorded document releasing all interest in said easement). 11. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: Page 10 1. Single I inch service should be installed for new home because of long private-side service length. 2. Ensure no sewer services pass through infiltration trenches. 3. A streetlight plan will be required for the development of this property. General Conditions: 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC I 1-313-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per LTDC I I-3A-6. In perfort-ning such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. 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. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detenrnined during the plan review process,prior to the issuance of a plan approval letter. 11. 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. Page I I 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 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 design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 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. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at ht�p:llwww.meridiancity.orglpublic works.aspx?id=2 72. 19. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE hi 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 Low Density Residential and the current zoning district of the site is R-2. Staff finds the proposed short plat complies with the Comprehensive Plan and is being developed in accord with UDC standards for the existing zoning district and previous approvals. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to this property and are adequate to serve the future commercial building sites. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities were 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; — Page 12 Staff finds that the development will not require major expenditures for providing supporting services as services are already being provided to the immediate area. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat to create a new residential building lot will not be detrimental to the public health, safety or general welfare, if all conditions of approval are met. F. The development preserves significant natural,scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with short platting this site. Page 13 C E IDIAN*,----, �W, 11Q. - 11 AGENDA ITEM ITEM TOPIC: Public Hearing for Slatestone Subdivision (H-2022-0039) by T-0 Engineers, located at 2707 S. Stoddard Rd. Application Materials: https://bit.ly/H-2022-0039 A. Request: Annexation and Zoning of 5.04 acres of land with a request for the R-8 zoning district.B. Request: Preliminary Plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district. PUBLIC HEARING SIGN IN SHEET DATE : November 1 , 2022 ITEM # ON AGENDA : 3 PROJECT NAME : Slatestone Subdivision ( H - 20 M039 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 2 BECk L41 rY�e Al S s4 �v 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT El� C:�*%_W, COMMUNITY DEVELOPMENT DEPARTMENT HEARING ll/l/2022 Legend DATE: 0 117 Proje TO: Mayor&City Council Ellpmje tLocation - FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2022-0039 Slatestone Subdivision Ell] LOCATION: Located at 2707 S. Stoddard Road,in the RAM NE 1/4 of the SW 1/4 of Section 24, Township 3N,Range 1W. 1. PROJECT DESCRIPTION Request for Annexation and Zoning of 5.04 acres of land with the R-8 zoning district and a preliminary plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district,by T-0 Engineers. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage A-Z—5.04 acres; PP—4.85 acres Future Land Use Designation Medium Density Residential (MDR, 3-8 du/ac) Existing Land Use(s) County residence which will remain on one of the proposed lots Proposed Land Use(s) Detached Single-family Residential Lots(#and type; 19 total lots— 15 residential building lots and 4 bldg./common) common lots Phasing Plan(#of phases) 2 phases Number of Residential Units 15 single-family units Density Gross—3.09 du/ac.;Net—4.31 du/ac. Open Space (acres,total Approximately 0.53 acres of open space proposed [%]/buffer/qualified) (approximately 10.9%) Amenities Two(2)benches are proposed—not a qualifying site amenity. Neighborhood meeting date March 10,2022 Pagel Description Details Page History(previous approvals) No application history with the City B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Access Access is proposed via a new local street connection to S. Stoddard Road, an (Arterial/Collectors/State existing collector street along the east property boundary. Access to all Hwy/Local)(Existing and proposed homes is shown from this new local street that ends in a cul-de-sac Proposed) and includes two common drives. Stub No existing stub streets;no stub streets proposed. Street/Interconnectivity/Cross Access Existing Road Network No, except S. Stoddard,the collector street. Proposed Road The Applicant is required to dedicate additional right-of-way for S. Stoddard Improvements Road to total 35 feet from centerline and construct curb, gutter, and sidewalk. Capital Improvements Stoddard Road is scheduled in the IFYWP to be widened to 3-lanes from Victory Road to Plan/Integrated Five Year Overland Road to be designed in 2022 and constructed in a future year. Work Plan The intersection of Stoddard Road is scheduled to receive an enhanced pedestrian crossing to be designed in 2022 and constructed in a future year. Bridge#2085 is scheduled in the IFYWP to be replaced as pad of the Stoddard Road widening to be designed in 2022 and constructed in a future year. Victory Road is listed in the IFYWP to be widened to 3-lanes from Linder Road to Meridian Road to be designed in 2026 and constructed in a future year. Fire Service • Distance to Fire 1.1 miles firom Fire Station#6. Station • Fire Response Time The project lies wholly inside of the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#6 reliability is 83%(above the goal of 80%) • Accessibility Proposed project meets all required road widths, and turnaround dimensions. Water&Wastewater I Impacts/Concerns See Public Works Site Specific Conditions in Section VIII. Page 2 ME ME LU 2 FWA no oil 1A INN CTOR'Y-- IN Hills MEN1111 MENNEN MENNEN will MEN MI ON gillimi ME ---FA- ME mm ME I MENE IN I ion I c BE IMMENIM MENNEN 0 MEN IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/5/2022 10/15/2022 Radius notification mailed to properties within 500 feet 6/30/2022 10/13/2022 Site Posting 9/22/2022 10/21/2022 Nextdoor posting 6/30/2022 10/13/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridiancio�.orglcomQplan) Medium Density Residential(MDR)—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 subject 4.9 acres currently contains a large home and what appears to be a horse stable and pasture. The subject site is abutted by a public road to the east, Stoddard Road, where the new local street access is proposed. Abutting to the north and west property lines is an existing R-8 development, Fall Creek Subdivision; to the south is County residential not yet annexed into the City ofMeridian. The subject property is designated as Medium Density Residential on thefuture land use map consistent with existing development to the west and north. Due to the existing street along the east boundary and no other existing stub streets to the property, the Applicant is proposing to take accessfrom Stoddard in the approximate location of the existing driveway at the northeast corner of the property. No other access to Stoddard is proposed, consistent with City code. The Applicant is proposing 15 building lots on 4.85 acres of land which constitutes a gross density of 3.09 units per acre, nearly the minimum density allowed within the MDR designation. The Applicant is proposing to reserve the existing home on nearly an acre sized lot and one additional large lot along the west boundaryfor the existing property owners. The minimum building lot size proposed throughout the rest of this project is approximately 6,150 squarefeet which exceeds the 4,000 squarefoot minimum lot sizefor the requested R-8 zoning district. The adjacent developments are ofsimilar density but have building lots that are larger in size directly abutting the site than what are proposed with this project, however, no more than 2 building lots are proposed adjacent to any single existing lot along the north boundary. The same is true of the County parcels to the south that directly abut the Ridenbaugh Canal on their south boundary; the existing home lot and the proposed common lot along the south boundary should offer an adequate buffer to the existing residences to the south. Because the proposed development is consistent with the existing development to the west and north and no access to an arterial street is proposed,Staff believes annexing this land into the City is in the best interest of the City and is a logical expansion of City zoning and development so long as the Applicant adheres to Staf f7s recommended DA provisions and conditions of approval. However,the size of the property isjust below the 5 acre minimum that would require 15% qualified open space within the requested R-8 zoning district. Staff does notfind itprudent to require a minimum 15% qualified open space when Bear Creekpark is a quarter mile to the north off of Stoddard.However,Staff voiced concerns with the originally proposed open space Page 4 for this development and a desire to create an area wherepeople can congregate and/or kids can play within this development.In response, the Applicant has proposed additional linear open space along a portion of the north boundary with a micro-pathway that essentially creates a pedestrian loop within the subdivision between the two linear open space lots along the north and south boundaries. The Applicant has also included two park benches along the widest portion of the new linear open space between building Lots 3& 4 when no amenity was proposedpreviously. Stafffinds the latest revision creates more active open space as the walkingpaths are repeatedly noted as a used amenitylopen space within subdivisions. However, much of this area would not qualify as linear open space per the open space code section because it is not at least 20feet wide and is instead 15feet or less in some areas. Therefore,Staff recommends all of theproposed linear open space be at least 20feet wide to comply with open space standards(UDC 11-3G-3)and comply with the intent of open space code. An alternative presented by Staff was to replace one of the lots within the subdivision and add a common open space lotfor more active recreation and use. Should Commission or Council prefer a larger common open space lot over the proposed linear open space,Staff recommends a centralized location for the development(ie.Lot 2, 4, or 10) and an amenity be located within it. Staffprefers this option over the proposed micro-paths but is not specifically recommending it at this time. With Staffs recommended revision,Stafffinds the proposedproject to be generally consistent with the Comprehensive Plan, as discussed above.Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA) in conjunction with an annexation and rezone pursuant to Idaho Code section 67-651 IA.In order to ensure the site develops as proposed with this application, Staff recommends a DA that encompasses the landproposed to be annexed and zoned with theprovisions included in Section VIIIAL The DA is required to be signed by the property owner(s)ldeveloper and returned to the City within 6 months of the Council granting the rezone and annexation approval.A finalplat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https:llwww.meridianciU.orglcomQplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D). The currentproperty owner of the subject site intends to remain in their home while also reserving an additional lot or two-for future use for their children. Stafffinds thisforethought and the subsequent design to develop t�eir remaining acreage with approximate 6-8,000 squarefoot building lots allows for a variety of housing options based on the needs,preferences, andfinancial capabilities of the existing resident andfuture residents. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01G).AlIpublic utilities are availablefor this project site due to the utilities being available in Stoddard Road.Applicant is required to dedicate additional right-of-wayforfuture Stoddard Road improvements (upgradedfrom two to three lanes in thefuture). The newest Fire Station (station#6) is approximately I mile away and so the project is wholly within the response time goal of the City. West Ada School District has not sent a letter regarding this application but with a relative low number of homes (15) a large number ofschool aged children is not anticipated to be generated by this development. In Page 5 addition, Victory Middle School is within walking distance of the subject site so any children in that age group would be able to get to school safely and efficiently. Stafffinds that the existing andplanned development of the immediate area create appropriate conditionsfor levels ofservice to andfor this proposedproject. "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A). The proposedproject will construct detached sidewalk along Stoddard Road and extend needed sidewalk along the west side of this streetfor safer access to Victory Middle School, approximately 114mile to the north. Further, the Applicant has proposed a looping micro-pathway networkfor the project that easily connects to the required sidewalk along Stoddard adding to the overall pedestrian connectivity and access to the nearby school andpark. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing the subjectproject with density at the low end of the allowed density(approximately 3.1 unitslacre), similar to the density within the adjacent subdivision to the west and north. Further, the Applicant is proposing a I acre lot in the southwest cornerfor the existing home and linear open space common lots between the subject site and the existing County residential properties to the south and afew of the properties to the north along the north boundary. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is proposing to construct a new local street within the development that has sole access to the adjacent collector street, Stoddard Road. The Applicant is not proposing to stub a street to the south boundary as both ACHD and the Applicant believe the redevelopment potential of the two lots to the south is minimal due to their existing shapes and the existence of the Ridenbaugh Canal and Stoddard abutting two of their three sides. Therefore, Staff does notfind it necessary to provide a stub street to the south andfinds the proposed street layout is sufficient in its design for the proposed plat. Stafffinds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: According to GIS imagery,there is an existing home that is to remain at the southwest comer of the property and an outbuilding that appears to be a horse stable and pasture;these structures and pasture are proposed to remain as part of Phase 2 for the project,per the submitted phasing plan (see below). Furthermore,the existing access for this site is via a driveway connection to W. Stoddard Road that will be converted to a public street. Staff has included a DA provision that the existing outbuilding/stable must be removed upon phase 2 development, consistent with accessory and primary structure restrictions. D. Proposed Use Analysis: The proposed use is detached single-family residential with a minimum lot size of approximately 6,000 square feet,based on the submitted plat(Exhibit VILB). This use is a permitted use in the requested R-8 zoning district per UDC Table I I-2A-2 and all lots are shown to meet the minimum lot size requirement of 4,000 square feet and the minimum street frontage requirement of 40 feet. In fact,the majority of lots within the subdivision are proposed with at least 60 feet of frontage,more consistent with the R-4 district.The Applicant has noted the development is expected to develop in two phases with an intent to keep the existing home and outbuilding and Page 6 some pasture within phase 2. Phase I is proposed with 12 lots and both common driveways and Phase 2 is proposed with the remaining three (3)building lots. E. Dimensional Standards(LDC 11-2): The residential lots are shown to meet all LJDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(LJDC 11-6C-3). The Applicant is proposing two (2) common drives within the project; one in the southeast corner of the projectfor access to Lots 16& 17 and an additional common drive near the northwest cornerfor access tofour lots (Lots 5-7 and Lot 9). Lot 8 common drive appears to comply with all standards outlined in UDC 11-6C-3D. However, the construction of the Lot 14 common drive does not appear to comply as it creates a side-walk gap on the public street and does not extend 20feet past the property linefor Lot 16 A CHD does not call this out in their staff report but Staff finds that Lot 14 should match Lot 8 in its design and not be a part of the public road network as depicted on the submittedplans. The Applicant should continue the curb, gutter, and 5-foot sidewalk between Lots 13& 18 consistent with the curve of the public street and mirror the design of the Lot 8 common drive. In addition, the Applicant should extend the common drive 6 feetfurther to the south to ensure at least 20feet offrontagefor Lot 16 The Applicant should make these revisions with thefirstfinal plat submittal. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manua-0: The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any architectural standards. The submitted elevations depict a number of different architectural designs of the modern style home with shed roof designs as well as dormers. In addition, all homes are shown with 3-car garages (some R V garage hays) and a variety of window designs. Thefield materials shown appear to he of high quality siding and stucco with stone accents and varying garage door materials. Overall, Stafffinds the submitted elevations to show high quality and attractive single- family homes. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via a new local street(shown as W. Scoria Court)connection to S. Stoddard Road approximately 345 feet north of the Grizzly Drive on the east side Stoddard Road. There are no existing stub streets adjacent to the site and Stoddard runs along the entire east boundary which is why the Applicant is proposing an access point to this collector street and proposing W. Scoria to end as a cul-de-sac within the site, as shown on the submitted preliminary plat. Further, according to the proposed plat,W. Scoria is proposed as 33-foot wide local street with 5-foot attached sidewalks and Stoddard is shown to be improved with curb, gutter,and detached sidewalk outside of the additional right-of-way dedication required with this development. The proposed street design complies with all UDC standards and ACHD conditions of approval, according to the ACHD staff report. H. 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 dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence.Note that there is opportunity for on-street parking where there are no driveways because W. Scoria is proposed as a 33-foot wide street section. Page 7 1. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along the new proposed local street.W. Scoria and 5-foot detached sidewalks along the west side of S. Stoddard Road, consistent with UDC and ACHD requirements. The proposed sidewalk dimensions also meet UDC I I-3A-17 and ACHD standards. However,the Stoddard frontage is shown as an alternative multi-use pathway segment and the Parks Department has requested that 1 0-foot sidewalk be added along Stoddard in lieu of the 5-foot sidewalk currently shown. Consistent with the Master Pathways Plan, Staff is recommending this revision. According to the submittedplat and landscape plan, the proposed detached sidewalk along Stoddard is shown within ACHD right-of-way but at least 6feetfrom the new curbing and added pavement proposed with this project, consistent with the UDC With the requirement of the multi- use pathway along Stoddard, the Applicant may be required to submit a public access easement; the Applicant should continue working with ACHD to determine who will maintain the pathway based on its location within the ROW. Staff does have concerns with the proposed micro-paths and sidewalk connection near the common drive at the southeast corner of the site,Lot 14.According to the submittedplans, the micro-path connects to the common drive and utilizes it as a pedestrian pathway. The City does not desire this type of design for pedestrian and vehicles to share the same surface if it can be avoided. Therefore, Staff is recommending 5-foot wide sidewalk be added to the common drive on either side of the common drivefor addedpedestrian safety. This recommendation will require the 5feet to be takenftom the adjacent lot to the west(Lot 13) or the lots to the east(lots 16-18). J. Landscaping(UDC 11-3B): A 20-foot wide street buffer is required along S. Stoddard Road, a collector street,landscaped per the standards in UDC Table 11-3 B-7C. All landscape areas should be landscaped per UDC I I- 3B-5, general landscaping standards. Lastly, according to the submitted plans,the Applicant is proposing micro-paths which should be landscaped in accord with UDC I I-3B-12 standards. The Applicant is showing a common lot along S. Stoddard that is at least 20-feet in width and located wholly outside of the additional right-of-way dedication required by A CHD consistent with code requirements. The Stoddard landscape buffer is depicted with 9 trees, sod, and landscape beds with shrubs, consistent with UDC 11-3B-7. The Applicant is also showing landscape beds on both sides of the new local street connection to Stoddard with two trees on the south side of this entrance adjacent Lot 19. All street landscaping complies with UDC requirements. As discussed, the Applicant has proposed linear open space and micro-paths around and through the development. These areas should be landscaped in accord with UDC 11-3B-12 with trees at least every 100 linearfeet and include other vegetative ground cover. According to the submitted landscape plans, the Applicant is proposing trees in excess of code requirements with landscape beds, shrubs, and sod throughout. Stafffinds the proposed landscaping meets or exceeds code requirements. Staff notes that with the recommended revisions to widen some areas to at least 20 feet in width, additional trees and vegetative ground cover should also be added to remain compliant with UDC 11-3B-12 OR lose one of the aforementioned buildable lots in order to provide more usable open spacefor the development. K. Fencing(UDC 11-3A-6,LI-JA-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Page 8 According to the revised landscape plans, the Applicant is proposing to keep the existing 6-foot vinyl privacyfencing along the perimeter of the property compliant with code. The Applicant is also showing 6-foot vinyl privacyfencing along the sides and rear boundaries of the building lots adjacent to the proposed micro-paths. Thisfencing is not code compliant as these linear open space areas are set behind building lots and are not visiblefrom end-to-end. Therefore, the Applicant should revise the landscape plans to depict open vision fencing or semi-private open vision fencing consistent with UDC 11-3A-7 adjacent to Lots 2, 3, 10-13, & 16. L. Utilities (UDC 11-3A-21 : The Applicant is proposing and is required to extend necessary public utilities for the proposed detached single-family dwellings within the Slatestone Subdivision. Public Works has reviewed the subject applications for compliance with their standards and finds them to be in general compliance except for specific conditions outlined in Section V111.13 of this report. Staff notes that the Applicant is proposing to place sewer within a common lot and the common drive at the southeast comer of the property. Because the Applicant is placing a sewer main within a common lot, it must have a drivable surface over topfor City access. This is shown on the submittedplans but also depicts a hammerhead type turnaround that is not required by the City. Because it is not required, Staff recommends removing the western piece of this turnaround to square up the southeast corner of Lot 13 andprovide more area that can be landscaped behind Lot 13 up to the required 20-foot wide sewer main easement. M. Waterways(UDC 1H--3A--A)- According to satellite imagery,the subject site contains an irrigation ditch along the southern boundary. The submitted plat depicts this irrigation ditch but does not show it on the subject property. In accord with UDC 11-3A-6B.3, if the irrigation ditch is on the subject property,the Applicant is required to pipe the ditch. Prior to the Commission hearing, the Applicant should verify the location of the irrigation ditch and if said ditch is proven to be on the subjectproperty, the Applicant should revise any relevantplans to depict this ditch as being pipedprior to the City Council hearing, in accord with UDC 11-3A-6B. VI. DECISION A. Staff- Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the conditions of approval in Section VIII of this report per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on October 6, 2022.At the public hearing,the Commission moved to recommend gpproval of the subject Annexation and Zoning and Preliminaa Plat requests. 1. SqMma Z of Commission public hearing: a. In favor: Becky Yzaguirre,Applicant Representative, b. In opposition: Leona Raines,Neighbor; C. Commenting: Becky Yzaguirre; Grant Brookover,Project Engineer; Leona Raines; d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Kurt Starman,Deputy City Attorney. 2. Key issue(s)of public testimony: Page 9 a. Concern over proposed development being ad jacent to two cou"t parcels to the south; b. Desire for homes along south boundM to be limited to 1-story homes; 3. Key issue(s)of discussion by Commission: a. Proposed linear open space versus singular large common open space area as discussed in staff report; b. Recommendation to widen sidewalk along Stoddard to 10 feet to reflect a multi-use pathway—ACHD plans to widen road and include 10-foot sidewalk on each side; c. PWose of proposed phasing and timing of development by the Applicant; Common drivewqy design and potential trash collection and parking issues; 4. Commission change(s)to Staff recommendation: a. None 5. outstanding issue(s) for Cijy Council: a. None City Council: To be heard at future date. Page 10 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map 01 T 0 ENGINEERS Project No:210791 Date:May 26,2022 Page 1 of 1 CITY OF MERIDIAN ANNEXATION DESCRIPTION A parcel of land located in the NE1/4 of the SW1/4 of Section 24,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at an aluminum cap monument marking the South 1/4 comer of said Section 24, from which an aluminum cap monument marking the West 1/16 Corner between Sections 24 and 25 bears N.89120'37"W.,a distance of 1320.23 feet;thence,along the east boundary of said SW114, A) N.0005127E.,1326.49 feet to the Center South 1/16 Corner of said Section 24 and the POINT OF BEGINNING;thence, 1) N.89-22-47"W.,66LO6 feet,thence, 2) N,00048'06"E.,331.46 feet;thence, 3) S.89-25'29"E.,661.35 feet to the east boundary of said SW1/4;thence along said boundary, 4) S.00-51-D3"W.,331.98 feet to the POINT OF BEGINNING. CONTAINING:5.035 acres,more or less. r,rE 13765 61u,1144, M OF I'D 01M 332 N.Broadmore Way i Nampa.I D 83687 1 P:20B.442.63001 to-eng7neers.com Page I I EXHIBIT SKETCH -CITY OF MERIDIAN ANNEXATION LOCATED IN A PORTION OF THE NE114 OF THE SW114,SECTION 24, TOWNSHIP 3 NORTH,RANGE I WEST,BOISE MERIDIAN,CrrY OF MERIDIAN,ADA COUNTY,IDAHO 2022 CP&F INST. NO. 110049426 12 Ed Cl/4 COR SEC 24 ol 100, 200? 4GO' SCALE:1'=200' V) 0 2 0 -5 NOTES S89*25'29"E 661.35' z 0 1, ALL BEARINGS SHOWN ARE IDAHO b V. STATE PLANE WEST ZONE (11013) Q� r4) GRID BEARINGS. ALL DISTANCES nt S1224314BOD ARE GROUND DISTANCES IN US 2707 S.STODDARD RD SURVEY FEET. t MERIDIAN,ID p c im to f 5.035 Ac. m c3 CS1/16 N89*22'47'W 661-�V----7"COR E N POINT OF BEGIN—_ 137 ul N Pl> OF o*mh !-U z W1116 24 BASIS OF BEARINGS N89*20'37"W 1320.23' 24 1/4 COR 25 VICTORY ROAD 25 COR Cp&F INST. NO. 2019—1 15456 CP&F INST. NO. 2019-115455 LEGEND ANNEXATION BOUNDARY SECTION LINE FOUND BRASS CAP MON. FOUND ALUMINUM CAP MON, T-0 ENGINEIERS 0 FOUND 5/8- REBAR 332 N.BROADMORE WAY CALCULATED POINT NAMPA, IDAHO 83687 PHONE:(208)442-6300 WWW.TO.ENGINEERS.COM EALE: 2lD791-V-M4JfflwAnvWm4n DATE!5=2 JCR 21C791 Page 12 B. Preliminary Plat(dated: 9/21/2022) HAAOO NOISIA109nS 3NOiS3iVIS Q60:1 IVId A16VNINFE�dd PL ra -C �.M "At MIN 1H -T I CD P> COD z LU —181——SiS El—3141 dO%DIES IMAd N—OIJI 23AS—IM—405 Ell ED—,—Ni 91-AD I IGOR AC Ag—NO—a—M M AEJN UNA 0 1 AD Ai—Ol Ali 81 1 Elli SSAAMUNA 0 1 E—g Page 13 SEWER AND WATER NOTES 77' 'M TYPI-L SE.CTCN �........... ROAD�PICAL SECTION . .......... '2 �LCCR I I�T z 0 2 LU w z T I co LLJ Cf) _:�C2 0 Page 14 C. Landscape Plans(date: 9,Q2/2022 10/4/2022) NVId SMINVId NOISIAlcions DNOISELLV�S ..... dC=1 SNY�d 2dVZ)SGNV-1-LV-1dkdVN1VT-1A'dd 4 �j —N-11 1—1—N—A-1-- Page 15 VW-SCORIA CT. PA�AY PLANTING PLAN Page 16 D. Phasing Plan: COMMON [L W. LA CF. 0 ir �6 I M. z LLI I LLJ Z EL W Page 17 Zmmi FPO -M Ai J I.�i,-Wmmm-j low TTT -wzl 704 417 Mimi& Page 19 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DiviSION 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)/developer at the time of annexation ordinance adoption, and the developer.A final plat will not be accepted until the DA is executed and the Annexation and Zoning ordinance is approved by City Council. 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 substantially consistent with the approved plat, landscape plan,phasing plan, and conceptual building elevations included in Section V11 and the provisions contained herein. b. The existing outbuilding/stable shall be removed upon phase 2 development,consistent with accessory and primary structure restrictions and the approved phasing plan. c. The existing home shall connect to City water and sewer services with the first phase of development. d. The rear and/or sides of homes visible from S. Stoddard Road(Lots 16-19) shall incorporate 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 that are visible from the subject public street. Single-story structures are exemptfrom this requirement. Preliminary Plat Conditions: 2. The preliminary plat included in Section V11.13, dated September 21,2022, shall be revised as follows prior to submitting for Final Plat approval: a. Make necessga revisions to the plat to match the revisions made to the landscgpe plan in Exhibit Vll.0 above. b. Show all linear open space to be at least 20 feet wide consistent with UDC 11-3G-3 standards or lose one of the buildable lots in lieu of a larger and centralized open space lot with a commensurate amenity that is code compliant. c. Direct lot access to S. Stoddard Road is prohibited in accord with UDC 11-3A-3. d. Correct the plat to show curb, gutter, and 5-foot attached sidewalk between Lots 13 & 18 consistent with the curve of the public street e. Show the common drive on Lot 14 to be six(6) feet further to the south to ensure at least 20 feet of frontage for Lot 16. fi Add a 5 feet wide sidewalk to either-side of the Lot 14 eeffffnea drive to eemeet it te the leea4 street sidewalk and proposed mier-e pa4h in Let 15 eeffffnea let. Page 22 g. Remove the western piece of the turnaround up to the required 20-foot wide sewer main easement shown in Lot 15 to square up the southeast comer of Lot 13 and provide more area that can be landscaped behind Lot 13. h. Depict the required 10-foot wide multi-use pathway along S. Stoddard Road and place it at least four(4)feet outside of the ultimate curb and gutter location to allow for landscaping on both sides of the pathway. Prior to the City Engineer's signature on the final plat for Phase 1, a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathway as required by the Park's Department,unless ACHD requires ones. i. Existing home will get a new address upon development of the first phase of this project consistent with the development of the new local street access. 3. The landscape plan included in Section VII.C,dated September-22 October 4, 2022, is gpproved as submitted. sha4l be revised as fellews prior-to submitting fer-Final Plat��Pfev a. Show all liftear-open spaee to be at least 20 feet wide eensistefft w4h UPC 11 3G 3 standafds or-lose ene of the buildable lots in lieu of a larger-a-ad eet#r-alized open spaee lot with a eeFmnensuf4e amenity that is eede eemplian�. b. Make the neeessafy revisions to the!a-ndseape plans to ma4eh the plat revisions note above in VIII.A2. e. Add additional tfees a4eng mier-e path aet4h ef Lets 2&3 to remain eensistepA with UDG 11 3B 12 fellowing the widening of this area to 20 feet. d. Depiet open vision fe4l private open vision feneing eefisistet#with UPC 11 -efer-to Figuiv 1 in UPC 11 3 A 7 for-de-pietions 3A 7 adjaeefA to Lets i,'10 13, & 16 (r of fenein.,t"es). 4. Prior-to the Commission hearing,the Appliean�shall verify the leea4iea of the iFfiga4ien alefig the south betmdai-y to detemiine if it is en the subjeet pr-epet4y; if said diteh is prove to be en the stibjeet pr-epefty,the Applieat4 sheiild r-evise a*y Felevant plans to depiet this diteh as being piped pr-ier-te the City Geeneil hearing in aeeer-d with UDG 11 3A 6B. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3 C-6 for single-family dwellings based on the number of bedrooms per unit. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 9. An exhibit shall be submitted with the final plat application for the lots accessed by common driveways (Lots 5-7, 9, & 16-18)that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with LTDC 11-6C-3D. Driveways for abutting properties that are not taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. Page 23 10. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. histall two mainline valves on the tee at the connection to Stoddard Rd. 2. Ensure that any water main is 10'from the edge of right of way. 3. A streetlight plan will be required for the subdivision as well as(2) streetlights along S. Stoddard Rd. 4. Applicant to ensure proper separation between water and sewer mains. 5. Ensure no sewer services pass through infiltration trenches. 6. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles, etc.)are built within the utility easement 7. The geotechnical.investigative report prepared by Geo Tek, Inc. indicates specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 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 11-3B-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 Page 24 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 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 I-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 proj ect. 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 Page 25 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 I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 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 I I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. C. FIRE DEPARTMENT https:llweblink.meridianciU.oLglWebLinklDoc View.aWx?id=26565 7&dbid=0&r0o=MeridianC ity D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridianciU.orglWebLinklDoc View.a�px?id=266783&dbid=0&r0o=MeridianC hty Page 26 E. PARKS DEPARTMENT—MERIDIAN PATHWAYS https:llweblink.meridianciU.orglWebLinkIDocView.a�px?id=265658&dbid=O&roo=MeridianC hty F. NAMPA/MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.orglWebLinklDoc View.gvpx?id=267285&dbid=0&r0o=MeridianC hty G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.orglWebLinklDoc View.aVx?id=267181&dbid=0&r0o=MeridianC Ry IX. FINDINGS A. Annexation and Zoning(UDC 11-511-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commissionfinds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8 zoning district with the proposedpreliminary plat andsite design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commissionfinds the proposed zoning map amendment and the requestfor the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commissionfinds the proposed zoning map amendment should not be detrimental to the public health, safety and we�fare. 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 Commissionfinds the proposed zoning map amendment will not result in an adverse impact on the delivery ofservices by any political subdivision providing public services within the city. 5. The annexation(as applicable)is in the best interest of city. Commissionfinds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; — Page 27 Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commissionfinds that the subdivision will not require the expenditure ofcapital improvementfunds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is publicfinancial capability of supporting servicesfor the proposed development based upon commentsftom thepublic service providers(i.e.,Police,Fire,ACHD, etc). (See Section VIIIfor more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. 6. The development preserves significant natural, scenic or historic features. Commission is unaware of any significant natural, scenic or historicfeatures that exist on this site that require preserving. Page 28 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Location Subject PropertyVictory Middle SchoolBear Creek ParkImprovementLowe’s Home SupercenterWalmart Fun ZoneWahooz Family Springs Roaring : Project Area:Project Description:3.09 Lots Per AC. Residential Gross Density: Sq ft.9,583Average Lot Size:6,098 Sq ft.Minimum Lot Size:Space0.61 AC. or 12.6% Open 2Common Lots: 2Shared Driveway: 2 Existing Structures: 15Lots: Residential8-R4.85 AC. Phasing Plan:Phase 2Phase 1 Comprehensive Plan: •Comprehensive Plan: character and sustainability.quality development that reinforces neighborhood -Support beautiful and high•areas.bicycle access to services like healthcare, daycare, grocery stores, and recreational Plan for and encourage neighborhoods that provide reasonable pedestrian and •Foster a walkable and bikeable community through good site and street design.•being of the community-Encourage the safety, health, and well Victory to Overland Anticipated construction to be after 2023•Bike lanes on both sides of Stoddard ••3 lanes • SouthSubject Property Subject Property 5ft Pathway5ft Pathway5ft Pathway5ft PathwayStoddard Rd.NorthStoddard Rd. Subject Property Landscape Plan: 1:Fencing 432 •the overall look and feel of the neighborhood. Enhances•Increase in economic activity for local business owners.•Encourage and promotes safe bicycling and walking.•Match and complement surrounding developments. •Provide quality housing for the City of Meridian.•Increased connectivity. Irrigation C E IDIAN*,----, �W, 11Q. - 11 AGENDA ITEM ITEM TOPIC: Public Hearing for Allure Subdivision (H-2022-0050) by Schultz Development, LLC., located at 5385 S. Meridian Rd., directly north of the half-mile mark on the west side of Meridian Rd. between E. Amity Rd. and E. Lake Hazel Rd. Application Materials: https://bit.ly/H-2022-0050 A. Request: Rezone 39.39 acres of land from the R-4 to the TN-R zoning district.B. Request: Preliminary Plat consisting of 226 single-family building lots and 36 common lots on 37.34 acres in the requested TN-R zoning district.C. Request: Development Agreement Modification to terminate the existing agreement (Inst. #2016-007091) for the purpose of entering into a new agreement consistent with the proposed project and plat. PUBLIC HEARING SIGN IN SHEET DATE : November 1 , 2022 ITEM # ON AGENDA : 4 PROJECT NAME : Allure Subdivision ( W2022 = 0050 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1Z) bu � ( er A51) Ica V7 C r ab 73C9 ) XJ 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT HEARING ll/l/2022 Legend DATE: Project Location 0 TO: Mayor&City Council F-1 FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2022-0050 Allure Subdivision LOCATION: The site is located at 5385 S. Meridian Z/z, Road, directly north of the half-mile mark on the west side of Meridian Road between E. Amity and E. Lake Hazel Roads, in the SE 1/4 of the NE 1/4 of Section 36,Township 3N,Range 1W. 1. PROJECT DESCRIPTION • Request to Rezone 39.39 acres of land from the R-4 to the TN-R zoning district; • Preliminary Plat consisting of 226 single-family building lots and 36 common lots on 37.34 acres in the requested TN-R district; and • Modification to the existing development agreement(Inst. #2016-007091), as required by the existing development agreement provisions, for the purpose of entering into a new agreement consistent with the proposed project and plat,by Breckon Land Design. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage RZ—39.39;Plat—37.34 acres Future Land Use Designation Medium Density Residential(3-8 du/ac) Existing Land Use(s) Vacant land Proposed Land Use(s) Detached and Attached Single-family Residential, front- loaded and alley-loaded; single-family townhomes. Lots(#and type;bldg./common) 226 single-family residential building lots; 36 common lots Phasing Plan(#of phases) Proposed as five(5)phases Number of Residential Units 226 single-family units(123 detached; 104 attached townhomes) Density Gross—6.05 du/ac;Net—7.49 du/ac Open Space(acres,total 7.49 acres total;6.96 acres of qualified open space [%]/buffer/qualified) (approximately 18.6%)per submitted open space exhibit. Pagel Description Details Page Amenity At least three(3)site amenities—pool,children's play structures,and open space in eEess of code requirements. Neighborhood meeting date June 6,2022 Distance to nearest City Park(+ 1.9 miles to Discovery Park to the southeast of the project size) (76.88 acres in size;phase I constructed with phase 2 under construction). History(previous approvals) H-2015-0019(South Meridian Annexation) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) • Traffic Impact Study Yes (yes/no) Access Access is via a new local street connection to W. Quartz Creek Street,a new (Arterial/Collectors/State collector street along entire south property boundary. Hwy/Local)(Existing and Proposed) Stub Yes;3 stub streets are proposed to adjacent underdeveloped properties. Street/Interconnectivity/Cross Project is proposed to complete W. Quartz Creek(collector street) Access improvements for shared access to Meridian Road/SH 69 Existing Road Network L -J Existing Arterial Sidewalks No.Buffer and detached multi-use pathway are required and proposed. Buffers Proposed Road Applicant is required to complete the required improvements within the Improvements remaining right-of-way on the north side of the the new collector street alongth southern project boundary,W.Quartz Creek Street. Fire Service • Distance to Fire 3.4 miles from Fire Station#6(Approximately 2 miles from proposed fire Station station#7 on Lake Hazel;response time will fall within the 5-minute response time area for Station#7. • Fire Response Time Project currently does not currently reside within the Meridian Fire 5-minute response time goal area. • Resource Reliability Fire Station#6 reliability is 83%(above the goal of 80%) • Risk Identification Risk Factor I —Residential • Accessibility * Proposed project meets all required road widths,and turnaround dimensions. 9 Project does not meet secondary access requirements as there is only one way in and out currently available; approved secondary access is required. Police Service • Distance to Station Approximately 4.2 miles from Meridian Police Department • Response Time Approximately 4:37 response time to an emergency(Priority 3 call) Water&Wastewater See Public Works Site Specific Conditions(Section V111.13) COMPASS—Communities in Motion 2050 Review Page 2 Description Details Page Letter depicts a positive fiscal impact for the City and the School District but a net negative fiscal impact to the County and ACHD. Letter also notes a lack of pedestrian and bicycle infrastructure in this area. West Ada School District Estimated Additional School 99 estimated school-aged children at full build out. Aged Children I Approved MF Projected Approved lots Pe units Pe Students from Enrollment Capacit attendance area attendance area Approved Dev. Mary McPherson Elementary 460 675 3443 26 760 Victory Middle School 1048 1000 4496 502 600 Meridian High School 1824 2075 3555 3464 601 School of Choice Options Christine Donnell School-Arts 474 500 N/A N/A Spalding Elementary-STEM 680 750 N/A N/A Page 3 C. Project Area Maps Future Land Use Map Aerial Map Legend Legend Project Location 0 FE) Froject Location rz Me lurn Del idenfii Lo Dlensi R i 11tia --THigh D?nsi Y e h I esi ential 9 len y Re Zoning Map Planned Development Map Legend 0 Legend Project Location Project Location I t RUT FR1� E! City Limits F-1 Planned Parcels R-4 R74 t-(J- R-4 8 �A�RUT R-8 R-4 R-1- i RUT VT RU, R- 'R-2 R-16 R 8 R- .............. [rR- R-6 RUT R-4 RR,T 111. APPLICANT INFORMATION A. Applicant: Mary Wall,Breckon Land Design— 181 E. 50'Street,Garden City, ID 83714 B. Owner: Jim Percy,Percy Farms LLC— 1250 Stegerman Court,Meridian,ID 83642 C. Representative: Same as Applicant Page 4 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 9/21/2022 10/15/2022 Radius notification mailed to properties within 500 feet 9/15/2022 10/13/2022 Site Posting 9/23/2022 10/12/2022 Nextdoor posting 9/15/2022 10/13/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridiancio�.orglcomQplan) Medium Density Residential(MDR)—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 subject site consists of two properties totaling approximately 3 7 acres and was annexed into the City ofMeridian in 2015 along with many other parcels in this area under the "South Meridian Annexation."It is located on the north side of the mid-mile mark on the west side of Meridian Road between Lake Hazel and Amity Roads; it is directly west of the Prevail Subdivision (Percy Subdivision) located on the east side ofMeridian Road and directly north of the recently approved Briar Ridge Subdivision annexation andpreliminary plat(H-2021-0036). Allure Subdivision is proposed with 226 building lots on 3 7.34 acres which constitutes a gross density of 6 05 dulacre which falls in the middle of the allowable density in the MDR designation on the property and is slightly more than Briar Ridge to the south (5.84 dulacre). In addition, the requested TN-R zoning district requires a minimum net density of 6 dulacre and according to the submittedplat, the net density ofAllure is nearly 7.5 dulacre making the subjectplat compliant with this standard. Through the pre-planning process, the Applicant and Staff worked together to propose different housing types within this project to both match and diversify the housing types proposed with Briar Ridge to the south. The grid-like street layout and the different housing types also led the Applicant to request the TN-R zoning district as Briar Ridge did. Staffsupports this request and the overallproposed layout as it continues the design and transitionfrom the propertiesfurther to the south. Rezone: When the subject property was annexed into the City ofMeridian in 2015 it was zoned R-4 to help delineate that this property would be developed as residential. The Development Agreement that was created as part of this original annexation dictated that the City would have services available as soon as possible and thefirst Rezone application would befree of charge. This stipulation regarding a Rezone application was made because the annexation was City initiated and theproperty had no conceptplan or specific development planned at the time of annexation; the City understoodfuture development may not match the existing zoning and gavefuture applicants the opportunity to propose a different zoning with a new development plan. The Applicant's request to rezone to the Traditional Neighborhood Residential(TY-R)zoning district is, in itself, consistent with thefuture land use designations because it is a residential district. More ini ortantly, the overall site design proposed by the Applicant is consistent with the comprehensive plan and thefuture land use designation because of the density proposed, the Page 5 multiple housing types proposed, the inclusion ofparkways throughout the entire development, the completion of the collector street along the south boundaryforfuture connectivity, and a stub street proposed along the north boundaryforfuture public road connectivity to Amity Road. Staff believes the requestfor a traditional neighborhood zoning district in this area of the City continues theframework of neighborhoodIstreet oriented designforfuture development to the north and west to be more pedestrian focused and walkable. Development Agreement Modification: The same stipulation regarding the Rezone application applies to thefirst Development Agreement Modification (MDA)for this property. Infact, the existing DA requires that with any future redevelopment an MDA is required to be submitted. Therefore, the Applicant has submitted an MDA to satisfy this requirement and update the development plan, in order to develop the property with theproposed subdivision. The DA will be tied to the submitted preliminary plat and be required to develop thepropertyper the submittedplans andproposed housing types. Sta nds the proposedproject and the requested applications to be generally consistent with the Off, future land use designations within this project site. Specific Comprehensive Plan policies are discussed and analyzed in the next section. B. Comprehensive Plan Policies(https:llwww.meridianciU.orglcomQplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.0 1.0 1 G). The subject project is proposed with a site design that closely resembles traditional neighborhood design with short block lengths, street trees,pedestrianfacilities throughout, and three distinct housing types within this one project. Thus, the Applicant is requesting a rezonefrom the R-4 district to the TN-R zoning district to have zoning thatfits the proposed housing types of detached single-family, alley loaded single- family(attached and townhome), and single-family townhomes with parkways throughout the project. In addition, the proposed housing types will vary greatlyftom the Shafer View Estates' larger lots to the southeast and even the detached single-family homes in Prevail Subdivision to the east. Thus, Stafffinds the proposed development offers more housing diversity in this area of the cityforfuture residents. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks" (3.02.01G).Allpublic utilities are availablefor this project site,per Public Works comments. This project does not currently reside within the Fire Department response time goal of 5-minutes but will upon completion ofFire Station#7 (anticipated completion date of Summer 2023). However, the singular public road access is through Quartz Creek Street along the southern boundary,- a majority of Quartz Creek is being constructed by Briar Ridge Subdivision to the south. Fire code only allows 30 homes off of one access so the Applicant will need to provide an additional emergency access. West Ada School District has provided comments on this application and estimates an additional 99 school aged children will be generated by this development atfull build-out. Further, the submitted letter notes that with current school boundaries and school capacities, the approved residential units in this area of the City will create overcrowding at each designated school. West Ada notes that it will always work to accommodate the children being served and specifically lists some of those methods in their letter(see Section VIIII). ACHD has analyzed the subject applicationfor compliance with their standards andfinds the proposedproject to be in compliance and notes the nearby public roads and intersections can accommodate the increase in traffic. A CHD has also added conditions that additional traffic calming is provided throughout the internal streets of theproject due to some of theproposed Page 6 block lengths exceeding allowable distances without a turn or bisecting street. ITD has also reviewed the subject project due to all of the traffic required to utilize the adjacent Meridian RoadISH 69 transportation network via the collector street connection at the south boundary, Quartz Creek. Overall, the adjacentpublic roads have been deemed to accommodate the anticipated increase in traffic and ITD is requiring a southbound right-turn lanefrom SH 69 onto W Quartz Creek Streetfor added safety. Stafffinds, with appropriate conditions of approval, that the existing andplanned development of the immediate area create conditions for levels of service to andfor this proposedproject that meet code requirements. "Preserve,protect,and provide open space for recreation,conservation,and aesthetics" (4.05.01F). The Applicant is proposing open space in excess of code requirements with a large open space lot centralized within the development and other areas of linear open space connecting different areas of the site. In addition, the project is proposed with parkways and street trees throughout the entire site offering more open space that would be usedfor pedestrian activity and should add aesthetic value to the development. Further analysis on the proposed open space is below in Section VL. "Promote area beautification and community identity through context sensitive building and site design principles,appropriate signage, and attractive landscaping."(5.01.02C). The requested TN-R zoning district requires more than one housing type and streets that include parkways and street trees. With parkways, sidewalks arefurther removedftom the public street makingfor safer pedestrianfacilities and encouraging morepedestrian activity. Because of the desiredproject aesthetic by the Applicant and the requirements of the traditional neighborhood zoning district, the proposed project is creating its own identity through site design and thou&ful landscaping andpedestrian elements. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0 1 D).Proposedproject is not directly adjacent to any other constructed development at this time. However, the Applicant is proposing parkways with detached sidewalks throughout the entire site, some micro-pathways, and constructing a multi- use pathway segment along the entire Meridian Roadftontage; these design elements should offer ample pedestrian connectivity within the site and to future development, specifically to the approved Briar Ridge property to the south. Furthermore, the Applicant is proposing two stub streets to the property to the west and one stub street along the north boundary with detached sidewalks. These stub streets and sidewalks will be required to be extended when the adjacent properties develop making the proposedpedestrian network a positive example of linking subdivisions together. "Require proposed development within areas further away from urban services,existing utilities or requiring significant City utility upgrades,to demonstrate fiscal benefits, strategic fit with the Comprehensive Plan,contiguity with existing development,and appropriate mitigation for any impacts to existing City service users." (3.03.02F).Because the extension of utility services will befullyfinanced by the Applicant, the specific concern of the City expendingfundsfor utilities is minimal. However, there is evidence that developing this parcel does not constitute orderly development because urban services are not nearby. Urban services include adjacent transportation facilities, employment opportunities, and commercial services like grocery stores, gas stations, and even general retail, office, and restaurant uses. Sta nds with the adjacent development constructed and approved(Briar Ridge,Prevail Off, Subdivision, Shafer View Estates, and self-service storage use), many of these concerns may be mitigated. However, Stafffinds the Applicant has not demonstrated a strategicfit with this policy and the community benefit may not be known until commercial development is proposedfor the Page 7 mixed-use designatedproperties at the intersections ofAmitylMeridian and Lake HazellMeridian Roads. "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).All of the essential urban services are relativelyfar removedfrom the project site despite other residential development being completed across Meridian Road to the east and approved to the south. For example, the closest gas station is more than 1.5 miles to the north with the next closest being nearly 3 miles away; the closest grocery store is approximately 2.5 miles away with the completion of the Albertson's at the Eagle and Amity intersection. There is no existing commercial within 1.5 miles of this development which automatically requires thatfuture residents would have to utilize their car to get to essential services. Approximately 1.5 miles to the east, at the intersection ofLake Hazel and Locust Grove, commercial zoning is approved but any actual construction timeline is unknown as this area has only been platted and no administrative applications have been submitted. However, C-G zoning is existing directly south of the Briar Ridge project site which does allowforfuture commercial uses to be located nearby these proposed residences. Despite this development meeting a majority of the comprehensive plan policies and being proposed with an insighffiul and carefully considered site design,Staff does have concern on the timing of developmentfor this project in relation to urban services. The property does abut an area of mixed-use community designatedproperty to the north which is anticipated to contain commercial uses in thefuture, the proposed site design (stub street andpedestrian facility locations) helps set up appropriate connectivity between this project and the anticipated commercial uses to the north. Stafffinds this development to be generally consistent with the Comprehensive Plan, as discussed throughout the above sections and comprehensive plan policies. C. Existing Structures/Site Improvements: There is an existing home and outbuilding on approximately I acre along Meridian Road but no other site improvements are noted.The historical use for the subject site is agricultural in nature—the property owner intends on continuing to farm the property as the project develops over time. Staff has included a DA provision related to this request in Section VIII.A. D. Proposed Use Analysis: The proposed uses within this project are all residential—detached single-family residential, detached alley-loaded single-family, attached single-family,and alley-loaded townhomes. All uses proposed are permitted residential uses within the requested TN-R zoning district per UDC Table 11-2D-2. The TN-R zoning district requires a minimum of two (2)housing types—the proposed housing types offer four(4)distinct housing types,which complies with this zoning requirement. The project is proposed to be constructed in five (5)phases according to the submitted preliminary plat page 1. Phase 1 and phase 2 are located along the southern boundary and will finish the construction of the adjacent collector street,W. Quartz Creek. Phase I is also depicted with the full Meridian Road street buffer, approximately half of the large open space lot in the center of the development, and contains the children's play structures and the swimming pool amenity. Three of the four proposed housing types are proposed within the first two phases of the development. Phase 3 includes an area that is central-west for the project and hold the remaining area of the large central open space lot. Phase 4 is depicted along the remaining Meridian Road frontage and contains the last housing type, detached alley-loaded product. Phase 5 completes the project with the remaining area along the north boundary and generally in the northwest comer of Page 8 the site. Per the submittedphasing plan reviewed by Meridian Fire, secondary emergency access is needed as the only public road access is to Quartz Creek along the southern boundary. The Applicant has submitted an emergency access exhibit with two options noted(see Exhibit VII G). Sta recommends utilizing option "B"as depicted on the exhibit because that access is Of controlled by this applicant whereas the noted option "A"requires an adjacent property owner to the north to provide access through their site. Staff wouldprefer option A because itfollows the overall plannedpublic street layout but Staff has not received any confirmation from this Applicant or the adjacent property owner that the proposed local street will be extended with phase I development of this project as a public street through their site or if they would allow the access to be constructed as a temporary emergency access only. Because of these unknowns, Staff finds it mostprudent to recommend the noted option B. Furthermore, this emergency access must be constructedprior to the 31'buildingpermit is submitted in order to comply with Fire code. E. Dimensional Standards(-UDC 11-2): The requested zoning district of TN-R does not have a minimum lot size requirement but does require a minimum net density of six(6) du/acre. The submitted preliminary plat shows a minimum lot size proposed of 2,300 square feet and an overall average lot size of 4,343 square feet. Because home placement on the building lot is not yet known at the time of preliminary plat submittal, setbacks are not reviewed at this time. However,per the submitted plat,the residential lots appear to meet all UDC dimensional standards for the TN-R zoning district;this includes compliance with the net density requirement. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC I I-6C-3). The proposedpreliminary plat and submittedplans appear to meet all UDC requirements but the plat should depict the proposed lots that have zero lot-lines (proposed attached and townhome products) to ensure compliance with setback requirements with thefuture buildingpermit submittals. Therefore, the Applicant should revise the plat to depict the applicable zero lot-lines with each applicablefinal plat submittal. Note: The proposed common driveways within the project(5 total) comply with UDC requirements as no more than three (3) lots are shown off of each. However, the City has experienced some issues at the ends of common drives where one property owner does not have adequate space on the common drive to back out of their garage and then head towards the public road. To ensure this type of conflict does not occur, at the time offinal plat submittals, the Applicant should submit common drive exhibits showing adequate areafor residents to back out ofgarages without trespassing on the building lot at the end of the common drives. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manua_�: The Applicant submitted conceptual building elevations for the proposed residential dwellings. Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any standards. However,townhomes (an attached housing product)and single-family attached dwellings do require administrative design review (DES) approval prior to building permit submittal.With that future application submittal Staff will analyze the elevations for the townhomes and single-family attached dwellings against the Architectural Standards Manual; the DES application should be submitted with the first final plat application for all required housing types. The submitted elevations depict single and two-story homes with two-car garages and varying home styles. Specifically, the Applicant shows the single-family attached, townhomes, and the alley-loaded detached single-family homes (noted as the Carriage Home product). The elevations Page 9 depict differingfield materials and designs utilizing lap siding with stone accents, awnings of different materials, and varying roofprofiles offering an overall array ofpotential homes. The Applicant has not submitted conceptual elevationsfor the traditionalftont-loaded detached single-family product; the Applicant should submit these prior to the City Council meeting to be compliant with checklist submittal standards and allow Staff to ensure these homes along the collector and Meridian Road have adequate modulation and varying roofprofiles. G. Access(UDC 11-3A-3, 11-3H-4): Main access to Allure Subdivision is proposed via construction/completion of a new collector street(W. Quartz Creek Street) along the entire south property boundary that connects from the west boundary of the site to Meridian Road/SH 69 at the mid-mile point consistent with the construction of E. Quartz Creek Street on the east side of Meridian Road. The approved Briar Ridge project to the south is constructing at least half of the proposed Quartz Creek street section with a majority of the required pavement. According to ACHD,Allure should complete the remaining six(6) feet of pavement and construct the remaining curb, gutter, and detached sidewalk within 27.5 feet of additional right-of-way on the north side of this collector street. The submitted preliminary plat shows compliance with these requirements except that the Applicant is required to dedicate additional right-of-way,per ACHD. The remaining roads proposed within this development are local streets that are at least 33 feet wide with 5-foot detached sidewalk and 8-foot parkways creating a beautiful streetscape and identity for the entire project and continuing the traditional neighborhood design that Briar Ridge was approved with to the south. As discussed in previous sections, secondary emergency access to Meridian Road is required by the Meridian Fire Department after 30 homes are constructed. Staff recommends this emergency access is constructed at the northeast comer of the property as depicted as option"B"on their emergency access exhibit(Section VILG)and is constructed with phase 1 development— additional trip generation and access analysis is below in the Traffic Impact Study analysis sub-section.The Applicant is proposing to stub a local street to the north boundary near the midpoint of the north property line for future connectivity to Amity Road. This connection will be needed for additional phases of development per ACHD(discussed below). In addition to the stub street along the north boundary,the submitted preliminary plat also shows two stubs to the western boundary for future connectivity. ACHD has approved the proposed stub street locations and road network but notes multiple streets require traffic calming within the site because they exceed 750 feet per ACHD standards. The specific streets that require traffic calming for ACHD are listed within their staff report(Section VIIIX). Staffsupports the proposed street layout and stub street locations so long as the proposed stub to the north boundary is aligned so that only one property owner can construct thefull local street section or at least ha�f-plus-12 feet of the requiredpavement on theirpropertyfor safe access to Amity Road. Despite thefact the UDC measures street length differently than ACHD, Staff agrees that multiple streets within the subdivision should include traffic calming. The Applicant should work with ACHD on the best optionsfor qualifying traffic calming and revise the preliminary plat to show the proposed traffic calming along S.Ametrine Avenue, W.Allure Street, W Cusick Street, S. Solaris Avenue, and W Caldera Street with the applicablefinal plat submittals. NOTE: Meridian Road/SH 69 is currently being studied by the Idaho Transportation Department (ITD) for corridor improvements from Overland Road south to Orchard Avenue in Kuna under the Idaho 69 Corridor(Story Map—Idaho H ighway 69 Corridor Plan). The mid-mile intersection at the southeast corner of the subject project is part of this study and is proposed to be designed with a reduced conflict U-turn (RCUT)intersection that eliminates Page 10 — left turns and thru-traffic from lower-volume roads. See exhibit below for an example of what the Quartz Creek/SH 69 intersection could look like. Proposed Allure Subdivision 40 acre parcel A G K M IL LOCAL ROAD Reduced Confliet U-Turn Cro.v.ving Page I I Despite proposing to construct a collector street that connects to SH 69,ITD does not find this as direct access because no buildable lot is proposed with direct lot access to the state highway. The approved Briar Ridge project to the south was required to enter into a cost share agreement for the road and intersection improvements along SH 69 in lieu of constructing any road improvements with their development. According to the submitted memo from ITD dated September 29,2022,this Applicant is not required to enter into a cost share agreement but is instead required to dedicate an additional 12 feet of right-of-way along Meridian Road for the purpose of constructing a future southbound right-turn lane from SH 69 onto W. Quartz Creek Street. The specific condition notes a"future"turn lane but then goes onto state specific plans are required by the Applicant inferring that they are required to construct this turn lane with this development. The Applicant should work with ITD to verify the timing of this required improvement. Staff would recommend constructing this southbound right-turn lane with phase I development in a location that will not require it to be reconstructed at afuture date. This would create a safer entrance onto Quartz Creek Streetfor both projects proposed to take accessfrom it. The subject project is proposed with over 100 units(226 units) so a Traffic Impact Study(TIS) was required. Due to the property requiring access to Meridian Road/SH 69,the Applicant was required to submit the TIS to both ACHD and ITD. Staff s summary and analysis of this report and the conditions of approval is below. Traffic Impact Study Analysis: According to the submitted Traffic Impact Study(TIS),the proposed Allure Subdivision will generate approximately 2,154 additional vehicle trips per day with 216 of those trips occurring per hour in the PM peak hour. The Applicant's traffic impact study has been analyzed by ACHD and ITD and specific conditions of approval are outlined in their staff reports (see exhibits in Section VIII). Despite ACHD analyzing and discussing the TIS in their own report, Staff finds it necessary to highlight the main points of discussion and road improvement requirements, specifically those related to the overall access points for the project. Per the ACHD staff report, the additional vehicle tripsfrom this development willpush the Quartz Creek access to SH 69 over the allowed thresholdfor a singular collector street access, 3,000 daily vehicle trips. Specifically, Briar Ridge to the south accountsfor approximately 2,000 of those allowed trips so Allure is allowed to add an additional 1,000 trips.As noted, this development is proposed to generate over 2,100 daily trips so less than ha�f of the proposed building lots can be constructedprior to an additional public street access to a differentpublic road is constructed. A CHD has included a condition of approval that prior to A CHD signature on thefinalplat containing 101"building lot, secondarypublic street access is required The proposed secondary connection has been discussed and is along the north property line, shown as S. Hermatite Avenue. This connection should and would connect north to W. Amity Road, an arterial street and is stubbed to a property that is not annexed into the City and does not have any active projects. Staff has hadpreliminary discussions with the potential developer of that mixed- use designated site but nothing has been submitted to the City. Therefore, the timing of this secondary public street access is unknown at this time and thus a concern. Because of the timing issue and the potential of this local street not being extendedfor some time, Staff is including a condition of approval that no more than 100 residential buildingpermits are issuedfor this site until secondary public road access is constructed consistent with the A CHD condition of approval. Should the Applicant obtain a private agreement with the adjacent property ownerldeveloperfor thatparcel(S1236110060, 4975 S. Meridian Road) to extend thepublic road to Amity, theproposed condition will become void. Page 12 H. Parking(UDC LI-3C): Off-street parking is required to be provided in accord with the standards listed in.UDC Table I I- K-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. However, all of the local streets are proposed as at least 33-foot wide street sections which accommodate on-street parking where no driveways exist. Furthermore,because of the proposed alley-loaded homes and inclusion of parkways,the entire length of streets adjacent to the alley- loaded products can be utilized for on-street parking as no driveways will be present. I. Sidewalks(UDC LI-3A-1 7) &Pathways(UDC 11-3A-8): 5-foot wide detached sidewalks and 8-foot parkways are proposed along all internal streets consistent with the requirements for the requested TN-R zoning district. The Applicant is also proposing detached sidewalk on the north side of the collector street along the south boundary as required by code for sidewalks adjacent to collector streets. The proposed sidewalks and parkways meet UDC 11-3A-1 7 standards andACHD standards. In addition to the internal sidewalks,the Applicant is required to construct a segment of 1 0-foot wide multi-use pathway along the Meridian Road frontage,per the Master Pathways Plan. The Applicant is showing this requiredpathway segment within a landscaped common lot,per code requirements. J. Development Along State Highways (UDC 11-3H): The full east boundary of the proposed project has frontage along Meridian Road/SH 69 which requires noise abatement per UDC 11-3H-4. The Applicant is proposing to construct a 5-foot berm with a 6-foot wall on top of it to total at least 11 feet above SH 69 centerline height, a foot above the code requirement. This wall,berm, landscaping, and required multi-use pathway is located within the required 3 5-foot wide common lot along the entire frontage and outside of the ITD right-of-way. The required wall should modulate along the highway frontage;the submitted landscape plans show compliance with this requirement.At the northeast corner of theproperty, there appear to be two breaks in the wall which will minimize its effectiveness at noise abatement as required. The southern portion that is missing appears to be due to the location of a sewer main which does not allow permanent structures to be constructed over them. However, the northern piece that is missing does not appear to have a justification and so the berm/wall should be extended as close to the north property line as possible. UDC 11-3H-413.3 also requires construction of a"street,generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway..."The Applicant has shown compliance with this requirement by proposing to finish constructing a portion of the mid-mile collector along the south boundary,a series of local streets connecting north-south through the site, and proposing to stub a local street to the north boundary for future access to Amity and for that future mixed-use development. Other analysis regarding other access standards of this code section are analyzed above in Section F. K. Landscaping(UDC 11-3 The required landscaping regulated by code within the proposed development are the following areas: that area within the proposed parkways(UDC 11-3A-17 and UDC 11-313); the common open space lots, and;the required landscape street buffers to Meridian Road and W. Quartz Creek. The submitted landscape plans show landscaping in these areas as proposed. 8-foot wide parkways are proposed throughout the site to comply with the zoning requirements Of Page 13 the TN-R zoning district.Parkways are required to be vegetated with an average of I tree per every 35 linearfeet to be compliant. The submitted landscape plan appears to show compliance with this requirement but the calculations table does not note the linearfeet ofparkways along the interior local streets and the required number of trees; the Applicant should correct this with the Final Plat submittals to ensure compliance with this requirement. In addition, common open space is required to be landscaped with one (1) treefor every 5,000 squarefeet of open space. The submitted landscape plans show trees and vegetation in the large central open space lot that meets the minimum number of trees (124,000 squarefeet divided by 5,000 equals 25 trees). According to the submitted landscape plans, 26 trees are proposed in this open space area and this does not include the perimeter trees that are requiredfor the parkways and would not count towards this requirement. The landscape buffer along Meridian Road is required to be 35'wide and contain the required multi-use pathway within it. The submitted landscape plans show compliance with these UDC requirementsfor the buffer width, number of trees, tree spacinglgrouping, and additional vegetative ground cover; the submittedplat is consistent with the landscapeplan and also shows at least a 35-foot wide common lot along Meridian Road. Stafffinds the required collector street buffer along Quartz Creek to also be compliant with these standards by providing trees in excess of code and a wider buffer than required(35feet total versus 20foot minimum). 7he Applicant is also proposing a number of micro-pathways within common lots that create linear open space and additional breaks in the streetscapefor addedpedestrian connectivity through theproject. UDC 11-3B-12 requires that trees beplaced on both sides of thesepathways and the submitted landscape plan shows compliance. L. Qualified Open Space and Amenities(UDC 11-3G): Allure Subdivision is proposed with a preliminary plat area of approximately 37 acres in the TN- R zoning district requiring a minimum of 15%qualified open space (or 5.6 acres)and a minimum of eight(8) amenity points,per UDC 11-3 G-3 & 11-3 G-4. The Applicant is continuing a segment of multi-use pathway along the Meridian Road that is approximately 1/4 mile long which equates to two(2) amenity points. In addition to the pathway, the Applicant is proposing a swimming pool with changing facilities and restrooms which qualifies for six(6)amenity points and a playground area which qualifies for two (2)amenity points, all within the central open space lot. Therefore,the Applicant is proposing amenities worth a total of 10 amenity points and exceed the minimum requirements of UDC 11-3 G-4. The Applicant's open space exhibit(Section VILD) shows 6.96 acres of qualified open space (approximately 18.6%), exceeding the minimum required amount of 5.6 acres. However, some of the areas noted on the exhibit as qualifying do not qualify per UDC 11-3 G-3 standards because they are not at least 20 feet in width. Staff does not recommend these areas be revised to add an additional few feet as they are already retymant pieces along end-caps of housing blocks that do not entirely meet the intent of the open space code. Further,the removal of these areas is nominal and will not affect the Applicant's compliance with the minimum open space requirements. It is important to note the Applicant's qualified open space calculation does not include any of the parkways within the development which is qualifying open space if the correct number of trees are added to the parkways. Therefore,the actual proposed qualified open space vastly exceeds the minimum amount required by code. The Applicant does not need to use this area as qualified open space to meet the minimum 15%amount and parkways are already required as part of the site design for the requested TN-R zoning district. So, Staff is not concerned the open space exhibit does not show this area but would recommend this area is added to the exhibit to ensure a fully accurate open space calculation is depicted in the record. This revision should occurprior Page 14 to the City Council hearing. Overall,Staff supports the proposed open space and the proposed amenities and their locations being centralized within the developmentforfairly equitable access by allfuture residents. M. Fencing(UDC 11-3A- LI-3A-7): All fencing is required to comply with the standards listed in UDC I I-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards as proposed except for the lack of fencing noted adjacent to the common drives and the 6-foot open vision fencing proposed adjacent to three micro-path lots(Lot 21,Block 2,Lot 16, Block 3, &Lot 8 Block 10). Per UDC 11-3A-7A.7b, when an open space lot is not greater than 250feet in length and isfully visibleftom a public street, open vision is not required and 6-foot tall closed vision fencing is allowed. In order to help withfuture privacy concerns by residents, Staff recommends thefencing shown and installed along these areas is closed visionfencing and not open vision. The Applicant should revise the landscape plan at the time of the applicablefinal plat applications. The submitted landscape plans do not depict anyfencing adjacent to the common drives as required by codefor properties that do not take accessfrom the common drive. Therefore, with thefuturefinal plat applications, the Applicant should revise the landscape plans to depict the proposedJencing on the required common drive exhibit. N. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with I I-3A-15. Land Development will review pressurized irrigation plans in more detail when specific plans are submitted with future Final Plat applications. VI. DECISION A. Staff- Staff recommends approval of the requested Rezone,Development Agreement Modification,and approval of the requested Preliminary Plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on October 6,2022.At the public hearing,the Commission moved to recommend gpproval of the subject Rezone, PreliminqU Plat, and Development Agreement Modification requests. I. Summary of Commission public hearing: a. In favor: Jon Breckon,Applicant Representative;Jim Percy,Project Propenty Owner. b. In opposition: None C. Commenting: Jon Breckon;Doug Connolly,nearby church land owner; Jim Percy. d. Written testimony:None relative to this specific project. Staff presenting gpplication: f. Other Staff commenting on gpplication: None 2. Key issue(s)of public testimony: SLipport of project and desire to partner with Applicants in this area to help construct the access to Amity for the pMose of getting a local street access instead of an arterial access and a connection to sewer services; b. Support of project and appreciation of Staff s assistance following the passing of the original developer,Matt Schultz. 3. Key issue(s)of discussion by Commission. a. Proposed common driveways in their numbers and noted concerns with trash collection and overflow parking; Page 15 Timing of development phasing, specifically in regards to nearby urban services and the needed access to the north to Amijy; Proposed parking for alley-loaded townhomes—confirmation that each unit has a tuck- under garage as well as a parking pad/driveway; d. Clarification on anny motion regarding the emergency/secondwy access required for Fire; e. Requirement and timing of the deceleration lane and turn-lane onto Quartz Creek Street from the north; f. Concern over the singularly proposed pool and its size for the proposed number of homes and future residents—caution to the Applicant on size of pool and potential of additional amenities being needed in the future. 4. Conunission change(s)to Staff recommendation: a. None 5. 6utsianding issue(s) for Cijy Council: a. None C. City Council: To be heard at future date. Page 16 VII. EXHIBITS A. Rezone Legal Description and Exhibit Map DESCRIPTION FOR TN-R ZONE ALLURE SUBDIVISION A parcel of land located in the Southeast 1/4 of the Northeast 1/4 of Section 36, T.3N, RAW., B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Northeast corner of Section 36 from which the East 114 corner of said Section 36 bears South 00*37'38"West,2641.53 feet;thence South 00'37'38"West, 1320.76 feet along the east line of Section 36 to the REAL POINT OF BEGINNING; thence continuing along said east line,South 00o37'38"West, 1300.77 feet; thence leaving said east line on a line parallel with and 20.00 feet north from the South boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36, North 89'21'32"West, 1,316.52 feet to the west boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36; thence along said west boundary line,North 00'34'27"East, 1,304.39 feet to the Northeast 1/16 corner of said Section 36; thence along the north boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36,South 89'12'04"East, 1,317.74 feet to the REAL POINT OF BEGINNING. Containing 39.39 acres, more or less. End of Description. Nt LA 0 11779 Z ;Zwq 0 OF \ 13 Mock Page I of I Page 17 S.25 S.30 E. Amity Rd. S.36 S.31 NE11/115 S89'12'04"E 1317.74' /Real Point�f Leginning U) :L0 0) :10 0 C M �2 rCO TN—R Zone 39.39 Acres' qt 1`0 L/5 cn �0 z .1/4 N89*21'32"W 1316.52' �S.31 \See Detail, L rE N LEGEND Section Corner 77 '32"�Wt 1376- Property Corner 'OA ey".2 0 20.00'— 1/4 Property Boundary Line 0 OF \,;A Section Line S.36 S.31 Detail Scale: 1" = 50' 0 75 1 bO Mc) 6�D P:\P—d W—43—21-024\d,,\21-024 R--.9 �/2�/-2, 5�U Exhibit ——— Drawing For Job No. IDAHO 9955 W.EMERALD ST. TN—R Zone 21-024 Sol Sheet No. SURVEY �20165E.IDAHO 83704 Allure Subdivision GROUP, LLC Located In The SET/4 Of The NE1/4 Of Section 36, Dwg. Date 73N., R.1W., B.M., Ado County, Idaho. 6/22/2022 Page 18 B. Preliminary Plat(dated: 6/15/2022) NOT FOR ��NSTRUCTIGN ALLURE SUBDIVISION LOCATED IN THE SE 1/4 OF THE NE 114 OF SECTION 36,T3N..R1W.,BM,ADA COUNTY,IDAHO DEVELOPMENT INFORMATION BENCHMARK &DATUM F7T) CONTACTS ;A1 0 F�7 LLI M� I L 5:2 55 (2 2f M TSIT PLAN [n:�Lu 7) > DRAWING INDEX U)0 0 LL 10�111 7 MA�f � F PHASE I I TL-- D "I.�11 1 1. -PHASE 4 7 77 TYPICAL 38'RO.W ROAD SECTION NOTES PHASF 1 E:.IT T AP PHASI 0�M 0TYPICAL 69 R.Q.W ROAD SECTION "P1.0 Page 19 1 .7 F o : s . LIIIJIM111111 ill W CNILOMM gr Ji @ I willil I W AFMO 4rr ce 33 7rjF— X— 7W W Fill Irr Jtj @ @ LL,92�u @ MZ= k @ Q7 )7— —444 IIJJ w or —71M @p)pp� @ --40 @ HIM 'I I U11 j @ pqq. Am.- W ALLUM gr 7 31M ---uw Jill @ ! 9 0 Ij,J�11� L I L: 'DJ cli llill Page 20 C. Landscape Plans(date: 6/15/2022): 9:t 400009 W- - 71 IT i L 2 4-1- In T7t FT I'LLL1111-LU LLLJJ +i pr -Ti 1-J?-LL 11-11 , ALLURE SUBDIVISICN 5385 S. MERIDIAN ROAD MERIDIAN,IDAHO 83642 AW Page 21 PLANT SCHEDULE N —FT 1-77-7 T- 7, T-F T7-777 7 L m CITY OF MERIDIAN LANDSCAPE REQUIREMENTS N SIR�%I- Z� LL, oz U) W4— WAMT 00 C13 to- to 0 Z w Fr w <N < Ir w > 0 SHRUB PLANTING m I 2iw M3 Fiji IMF= 0=wx... m- -ORO'ILDCR IN TALLATION I U.,Pr RS.NN =D Lto Page 22 D. Open Space Exhibit(dated: 6/15/2022): CITY OF MERIDIAN ALLURE SUBDIVISION OPEN SPACE REQUIREMENTS 1QUALIFIED CPEN SPACE =A1 511VARP&,� ROQUE22L EsQ1d2=L (611ALIMM OPM SPAC.0 1426044.-n sp 2145,V"MW ACJ 911(61 ACJ a,.4 - Aa lox 10h% LANDSCAPE LEGEND WAI-IFIED OFEN SPAI EA= 084 0 AR AREA I=2 9 4,SG FT 'T AR F 2 1 S I FT I T T EA-17,453 SQ.FT ARFA�3,158 SQ.FT -:_1.11 Ell REA-2 575 SU.FT AREA-2805 Q.FT 7 AREA-2 575 SO.FT. < AREA-1,019$11,FT, 4 048 SQ ARIA-I W S 023 SO FT. AREA�3,151 SQ FT 11111-1M I.�1 IT AREA-1,694 SO FT AREAz 1,613 SQ FT 24 R EA-1 63 S FT AREAmm 2,074 SQ.FT. '�RF A=1,5�4 SQ, L L Iii] I ML AREA=31,8&2 SO.FT AREA=17,706 SO FT. W.QUARTZ CREEK ST Scale:1'=200' 06/1512022 .........I-I ALLURE SUBDIVISION 21141 ......... MERIDIAN, ID 83642 OPEN SPACE EXHIBIT 117=7=1 7IM R 0 1 X1.0 Page 23 E. Phasing Plan(dated: 9/28/2022): � I 111117 - M PHASE 5 7T77" 14 single family attached- 17 single family L LA PHASE 4 41 townhome lots (18 alley loaded) [rPHASE 3 32 townhome lots 16 single family lots 14 single family attached r PHASE 1 �PHASE 20 single family attach d o 32 townhome I Fots 2� ?ingle family lots 18 single family lot L-L LU I I Scale:1"=200' 9/2812022 ALLURE SUBDIVISION 21141 .... MERIDIAN, IDAHO PHASING EXHIBIT PH1.0 -1h Page 24 F. Unit Type Site Plan: 4 F7-1 77----j---- NOTFOR 'ONGTRUITIO� "o, �4 N, I --Y IT J C,T�r 41- (n) PLAT LEGEND T7 < RESIDENTIAL UNIT SUMMARY 77 7ul J-1 I V -i WO Lu u Lm- 'Ircr, u n- 7: < cr LL ILE fa, �7" ::[�,= j I I -T-I !� (I L 't"T,i�� FFFFFF-- CL <z OR 'I", LA LJ --i -i- L T2 ItE, Y _VER LL�IHM�NAIIPLAT� Page 25 Emergency Access Options Exhibit: Mf_(ZAV,> UP AS � _LL 71= P HAS 4 ull-J- I IT U -PHASE 3 P ASE 2 ---- PHASE 1 I LO (T�P�HASING MAP 200 0 200 400 boo Page 26 H. Conceptual Building Elevations DUPLEX HOMES ALLURE 'jjkNNjjW—mERIDIAN, ID NO.F�1- EN 121 m TOWNHOMES Cmm Page 27 �dI4 r7l, M- CARRIAGE HOMES ALLUREMERIDIAN, ID Page 28 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANMNG DiviSION 1. Within six(6)months of the City Council granting the subject modification,the owner shall sign and obtain Council approval of the amended development agreement that includes an updated development plan per the submitted preliminary plat, as shown in Section VILB; the amended DA shall include the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan,phasing plan, open space exhibit, and conceptual building elevations included in Section V11 and the provisions contained herein. b. The Applicant and/or assigns shall not obtain more than 30 residential building permits prior to the emergency access being reviewed and approved by the Meridian Fire Department. c. The Applicant and/or assigns shall not obtain more than 100 residential building permits prior to a secondary public road access being constructed and approved by ACHD. d. The remaining width of W. Quartz Creek Street(the new collector street along the south boundary),the required multi-use pathway, and the required collector and arterial landscape buffers adjacent to W. Quartz Creek and S.Meridian Road/SH 69 shall be constructed and vegetated with the first phase of development. e. Applicant and/or assigns shall dedicate additional right-of-way for SH 69/T\4eridian Road per the JTD Memo and construct a southbound right-turn lane from SH 69 onto W. Quartz Creek Street with the first phase of development. f. Until the such time the entire property develops,the current agricultural uses of the property shall be allowed to continue for those phases of the project not yet platted;this does not allow the existing home to remain on the property and said structure shall be removed with the first phase of development. g. The elevations/facades of 2-story structures that face S. Meridian Road, an entryway corridor, and W. Quartz Creek Street, a collector street, shall incorporate 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 that are visible from the subject public street. Single-story structures are exempt from this requirement. 2. The preliminary plat included in Section VILB, dated June 15,2022, shall be revised as follows with the applicable final plat submittals: a. Revise the plat to show ACHD approved traffic calming along W. Quartz Creek Street, S.Ametrine Avenue,W. Allure Street,W. Cusick Street, S. Solaris Avenue, and W. Caldera Street, coordinate with Meridian Fire and ACHD as necessary. b. Depict the required emergency access to Meridian Road/SH 69, as approved by the Meridian Fire Department. c. With each applicable final plat submittal,revise the plat to depict any proposed zero lot-lines for the single-family attached and single-family townhome dwellings. Page 29 d. Add a plat note stating that direct lot access to S. Meridian Road/SH 69 and W. Quartz Creek Street is prohibited. 3. The landscape plan included in Section VII.C, dated June 15,2022, shall be revised as follows prior-to the City Cetmeil heafi*g with the applicable final plat submittals: a. Revise the landscape plan to match the plat revision noted in VIII.A2 above. b. Depict the required berm/wall combination along Meridian Road to extend to the north property line to minimize the breaks in the wall. c. In the landscape calculations table, show the linear feet of parkways and include the required number of trees and proposed number of trees in accord with UDC 11-3B- 7C. d. Revise the fencing adjacent to three micro-path lots(Lot 2 1,Block 2,Lot 16,Block 3, &Lot 8 Block 10)to be 6-foot privacy fencing. e. With the future final plat applications, depict the proposed fencing adjacent to the proposed common drives. f. Any landscaping within the ITD right-of-way shall be landscaped in accord with UDC 11-3B-7C.5. 4. Prior-to the City Couneil hearing,the Appliennt shall submit eoneeptual elevations foF the proposed detaeked single family dwellings. 5. Prior to the City Council hearing,the Applicant shall submit a revised Open Space Exhibit depicting the qualifying parkways throughout the development. 6. At the time of relevant final plat submittals,the Applicant shall submit common drive exhibits showing adequate area for residents to back out of garages without trespassing on the building lot at the end of the common drives—said exhibits shall depict, at a minimum: building envelope, fencing, common landscaping, and anticipated driveway locations. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC 11-2D-3 and UDC 11-2D-6 for the TN-R zoning district. 8. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3 C-6 for single-family dwellings based on the number of bedrooms per unit. 9. The Applicant shall comply with all ACHD conditions of approval. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 11. Applicant shall comply with the noise abatement standards as set forth in LTDC 11-3 H-41). 12. Applicant shall comply with all fencing standards as set forth in UDC 11-3A-6&UDC 11- 3A-7. 13. Prior to the first Final Plat submittal,the Applicant shall obtain Administrative Design Review(DES) approval for the townhomes and single-family attached dwellings within this development. 14. Prior to signature on a final plat,the applicant shall submit a public access easement for the multi-use pathway segment along Meridian Road to the Planning Division for approval by City Council and subsequent recordation.The easement shall be a minimum of 14' in width (10' pathway and 2' shoulder on each side). Page 30 15. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 16. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-613-7. B. PUBLIC WoRKs DEPARTMENT Site Specific Conditions of Approval 1. Each phase of the development will need to be modeled to verify minimum fire flow pressure is maintained. 2. If a well is located on the site,it must be abandoned per regulatory requirements. 3. Seepage bed must be 25'from waterlines unless additional protection is provided. There are at least two spots where this requirement is not met. 4. Dead-ends that will be extended require a blow-off. 5. Before full build out,two connections to the existing water system will be required;the second connection can be made to the north or back out to Meridian Rd. 6. Additional 15,800 gpd committed to model. WRRF decline balance is 14.37 MGD. 7. Master Plan line needs to be 12"with a slope of 0.28%. To and through slopes for all lines including 8" should be minimum slopes(where min slope for the 12" line is 0.28%). 8. Applicant required to abandon 12"main in Meridian Rd being installed as part of Briar Ridge development to the south so that Briar Ridge development sewers through this property. Applicant MUST work with Briar Ridge to determine location where 12" main is to connect to south. 9. Provide to-and-through to S 1236110060 and S 1236121090. Provide sewer connection in ROW instead of common lot. 10. Provide 14'wide access path for existing manhole located at eastern boundary. Due to distance from road provide a hammer head turn around for a 40'x 9' service vehicle. 11. Provide 20'easement for sewer outside of ROW. 12. Angle into/out of manhole needs to be 90 degrees minimum in the direction of flow. Multiple manholes do not appear to meet this requirement. 13. Ensure that manhole at W. Cusick St. and S. Blue Quartz Ave. is not located in the curb/gutter. 14. For common driveways with 3 or less lots,do not have mains located in common driveways. Run services from main in ROW. 15. See exhibit in public record titled"WW comments—Allure;" arrows showing direction of sewage flow should be corrected. 16. Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences,infiltration trenches,light poles, etc.)are built within the utility easement. 17. Ensure no sewer services cross infiltration trenches. General Conditions of Approval _ Page 31 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 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 development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC I I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. 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. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. Page 32 10. A letter of credit or cash surety in the amount of I 10%will be required for all uncompleted fencing, landscaping,amenities,etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. 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. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. 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. 19. 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. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at htlp://www.meridiancily.org/public works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Page33 Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancily.orglWebLinklDoc View.gvpx?id=269062&dbid=0&r0o=MeridianC ity&CT--I D. SCHOOL IMPACT TABLE https:llweblink.meridiancily.orglWebLinklDoc View.avpx?id=2 75920&dbid=0&r0o=MeridianC ky E. BOISE PROJECT BOARD OF CONTROL(BPBQ https:llweblink.meridianciU.orglWebLinkIDocView.g,v x?id=269876&dbid=O&roo=MeridianC _p F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridianciU.o�glWebLinklDoc View.aMx?id=2 70088&dbid=0&r0o=MeridianC hty G. MERIDIAN POLICE DEPARTMENT(MPD) https:llweblink.meridianciU.o�glWebLinklDoc View.aWx?id=269061&dbid=0&r0o=MeridianC iv H. PARKS DEPARTMENT-PATHWAYS https:llweblink.meridianciU.o�glWebLinklDoc View.aMx?id=266529&dbid=0&r0o=MeridianC iv 1. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridianciU.oLglWebLinkIDocView.aMx?id=276143&dbid=O&roo=MeridianC Ry J. IDAHO TRANSPORTATION DEPARTMENT(ITD) Conditions Memo- https:llweblink.meridianciU.orglWebLinkIDocView.g,,vpx?id=276629&dbid=O&roo=MeridianC iv K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.orglWebLinklDoc Viewa�px?id=2 75993&dbid=0&r0o=MeridianC iv IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive — Page 34 plan; Commissionfinds the proposed zoning map amendment to Rezone thepropertyfrom the R-4 zoning district to the TN-R zoning district with the proposedpreliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commissionfinds the proposed zoning map amendment and the requestfor the development complies with the regulations outlined in the requested TN-R zoning district and is consistent with the purpose statement of the requested zone and traditional neighborhood zoning districts in general. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commissionfinds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 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 Commissionfinds the proposed zoning map amendment will not result in an adverse impact on the delivery ofservices by any political subdivision providing public services within the city. 5. The annexation(as applicable)is in the best interest of city. Subject site is already annexed so Commission finds thisfinding nonapplicable. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commissionfinds that the subdivision will not require the expenditure ofcapital improvementfunds. 4. There is public financial capability of supporting services for the proposed development; — Page 35 — Commission finds there is publicfinancial capability of supporting servicesfor the proposed development based upon commentsftom the public service providers(i.e.,Police,Fire,A CHD, etc). (See Section Wfor more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. A CHD considers road safety issues in their analysis and has offered their support of the proposed development with the proposed road layout in mind and with specific conditions of approval. 6. The development preserves significant natural,scenic or historic features. Commission is unaware of any significant natural, scenic or historicfeatures that exist on this site that require preserving. Page 36 C E IDIAN*,----, �W, 11Q. - 11 AGENDA ITEM ITEM TOPIC: Ordinance No. 22-2001: An Ordinance Amending Unified Development Code Section 11-1A-1 by Adding and Amending Certain Definitions; Amending Unified Development Code Section 11-2A-2, Table 11-2A-2, Concerning Allowed Uses in Residential Districts; Amending Unified Development Code Section 11-213-2, Table 11-213-2, Concerning Allowed Uses in Commercial Districts; Amending Unified Development Code Section 11-2D-2, Table 11-2D-2, Concerning Allowed Uses in Traditional Neighborhood Districts, Amending Unified Development Code Section 11-3-5 Concerning Pathways; Amending Unified Development Code Section 11-3A- 17(C) Concerning Sidewalks and Pathways; Amending Unified Development Code Section 11-3A- 19(B) Concerning Structure and Site Design Standards; Amending Unified Development Code Section 11-3B-2(C) Concerning Applicability of Landscape Plans; Amending Unified Development Code Section 11-3b-5(0) Concerning Water Conserving Design Standards and Installation; Amending Unified Development Code Section 11-3B-7(C) Concerning Landscape Buffers Along Streets; Amending Unified Development Code Section 11-3C-5(A) Concerning Use and Design of Parking Areas, Amending Unified Development Code Section 11-3C-6, Table 11-3C-6, Concerning Required Parking Spaces for Residential Use; Amending Unified Development Code Section 11- 3F-2 Concerning the Applicability of Private Street Requirements; Amending Unified Development Code Section 11-3F-4(A) Concerning Private Street Standards; Amending Unified Development Code Section 11-3G-4, Table 11-3G-4, Concerning Site Amenities; Amending Unified Development Code Section 11-3G-5(B) Concerning Improvements and Landscaping for Common Open Space; Amending Unified Development Code Section 11-4-3-10 Concerning Drinking Establishment Specific Use Standards; Amending Unified Development Code Section 11- 4-3-12 Concerning Secondary Dwelling Specific Use Standards; Amending Unified Development Code Section 11-4-3-16 Concerning Adult Entertainment Establishment Specific Use Standards; Amending Unified Development Code Section 11-4-3-27(C) Concerning Common Space Design Requirements For Multi-Family Developments; Adding Unified Development Code Section 11-4- 3-27(G) Concerning Police Access for Multi-Family Developments; Amending Unified Development Code Section 11-4-3-34(H) Concerning Self-Service Storage Facility Specific Use Standards; Amending Unified Development Code Section 11-4-3-41 Concerning Vertically Integrated Residential Project Specific Use Standards; Adding Unified Development Code Section 11-4-3-50 Concerning Live/Work Residential Project Specific Use Standards; Amending Unified Development Code Section 11-5A-2, Table 11-5A-2, Concerning Decision Making Authority and Process by Application; Amending Unified Development Code Section 11-5B-3(C) Concerning Annexations and Rezone Process; and Providing an Effective Date CITY OF MERIDIAN ORDINANCE NO. 22-2001 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING UNIFIED DEVELOPMENT CODE SECTION ll-lA-1 BY ADDING AND AMENDING CERTAIN DEFINITIONS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-2A-2, TABLE 11-2A-2, CONCERNING ALLOWED USES IN RESIDENTIAL DISTRICTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-2B-2, TABLE 11-2B-2, CONCERNING ALLOWED USES IN COMMERCIAL DISTRICTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-2D-2, TABLE 11- 2D-2, CONCERNING ALLOWED USES IN TRADITIONAL NEIGHBORHOOD DISTRICTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3-5 CONCERNING PATHWAYS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3A-17(C) CONCERNING SIDEWALKS AND PATHWAYS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3A-19(B) CONCERNING STRUCTURE AND SITE DESIGN STANDARDS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3B-2(C) CONCERNING APPLICABILITY OF LANDSCAPE PLANS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3B-5(0) CONCERNING WATER CONSERVING DESIGN STANDARDS AND INSTALLATION; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3B-7(C) CONCERNING LANDSCAPE BUFFERS ALONG STREETS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3C-5(A) CONCERNING USE AND DESIGN OF PARKING AREAS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3C-6, TABLE 11-3C-6, CONCERNING REQUIRED PARKING SPACES FOR RESIDENTIAL USE; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3F-2 CONCERNING THE APPLICABILITY OF PRIVATE STREET REQUIREMENTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3F-4(A) CONCERNING PRIVATE STREET STANDARDS;AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3G-4, TABLE 11-3G-4, CONCERNING SITE AMENITIES; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3G-5(B) CONCERNING IMPROVEMENTS AND LANDSCAPING FOR COMMON OPEN SPACE; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-10 CONCERNING DRINKING ESTABLISHMENT SPECIFIC USE STANDARDS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-12 CONCERNING SECONDARY DWELLING SPECIFIC USE STANDARDS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-16 CONCERNING ADULT ENTERTAINMENT ESTABLISHMENT SPECIFIC USE STANDARDS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-27(C)CONCERNING COMMON SPACE DESIGN REQUIREMENTS FOR MULTI-FAMILY DEVELOPMENTS; ADDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-27(G) CONCERNING POLICE ACCESS FOR MULTI-FAMILY DEVELOPMENTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-34(H) CONCERNING SELF-SERVICE STORAGE FACILITY SPECIFIC USE STANDARDS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-41 CONCERNING VERTICALLY INTEGRATED RESIDENTIAL PROJECT SPECIFIC USE STANDARDS; ADDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-50 CONCERNING LIVE[WORK RESIDENTIAL PROJECT SPECIFIC USE STANDARDS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-5A-2, TABLE 11-5A-2, CONCERNING DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION; SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE I OF 46 AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-5B-3(C) CONCERNING ANNEXATIONS AND REZONES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Unified Development Code section 1 1-IA-1 be amended as follows: I I-IA.I —Definitions of Terms. As used in this title, each of the terms defined shall have the meaning given in this section unless a different meaning is clearly required by the content. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The most current version of the "Merriam-Webster's Unabridged Dictionary of the English Language" shall be considered as providing accepted meanings. References to the NAIC are "North American Industrial Classification System (NAIC)", published by the United States Department of Commerce. Abandoned. To cease or discontinue a use or activity for twelve (12) months. Abut or abutting. Having a common border with the subject property. Accessory structure. A detached structure in a residential zoning district that is incidental and subordinate to the principal structure and is located upon the same property. The term accessory structure shall include, but not be limited to, the following: Private garage, storage structure, workshop, and/or greenhouse. The term shall not include additional structures for approved public, commercial, or industrial uses. Accessory use, home occupation. A commercial use or activity that is incidental and secondary to a residential dwelling unit. This term shall not include "daycare facility" as herein defined. Accessory use, nonresidential. A use or activity that is incidental and secondary to the principal use and is conducted upon the same property. Accessory use, residential. A use or activity on a residential property that is secondary to the principal use. Ada county street name committee. An advisory group on street naming. Alley. A public or private way affording only secondary means of access to abutting property at the back or side of a property. Allowed use. Any use listed in sections 11-2A-2, table 11-2A-2; 11-2B-2, table I I-2B-2; 11-2C- 2, table I I-2C-2; and I 1-2D-2, table I 1-2D-2 of this title, as a principal permitted, conditional, or an accessory use. Alterations, structural. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structures, such as bearing walls, columns, beams, and girders. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 2 OF 46 Alternative compliance. An administrative determination that a specific application achieves or exceeds specific requirements as set forth in this title. Consideration of alternative compliance is limited in circumstances as identified in this title. Animal carefacility. Any structure, or portion thereof, that is designed or used for the boarding, care, grooming, diagnosis or treatment of animals, including, but not limited to, sick, ailing, infirm or injured animals, and those that are in need of medical or surgical attention. The term animal care facility shall include, but not be limited to, an animal clinic, animal hospital, or veterinary office or kennel. Annexation. The process by which the city's corporate boundary is expanded to incorporate additional property pursuant to Idaho Code § 50-222. Antenna. A transmitting or receiving device used in telecommunication that radiates or captures radio or other signals, including omnidirectional or whip, directional or panel, parabolic or dish, and ancillary antennas. Antenna, ancillary. An antenna that is less than twelve (12) inches in its largest dimension and that is not directly used to provide personal wireless communication services (i.e., cellphone service). An example would be a global positioning antenna. Antenna, directional (also known as "panel antenna"). Receives and transmits a signal in a directional pattern typically encompassing an arc of one hundred twenty(120) degrees. Antenna, omnidirectional (also known as "whip antenna"). Receives and transmits signals in a three hundred sixty-degree pattern of varying lengths and typically less than four (4) inches in diameter. Antenna,parabolic (also known as "dish antenna"). A bowl-shaped device that receives and transmits signals in a specific directional pattern. Approach. An access from a state highway. The access may be a driveway, common drive, private street, or a commercial/industrial drive aisle. Approved use. Shall include, but not be limited to: a principal permitted use with a certificate of zoning compliance; an approved conditional use; or an approved accessory use. Architectural blade. An integral part of the design and function of the structure, rather than an object added to or standing on the structure. Arterial. See definition of"street, arterial." Artist's studio. The use of the site for small scale, craftsman operated production of materials, assembly of parts, or the blending of materials, including metal, plastics, computer components, electronics, oils, and resins. Uses included are furniture refinishing, machine shops, cabinetmakers, frame shops, and works of art. Arts, entertainment and recreation facilities. The use of a site or facility for entertainment, spectator sports or recreational activities. The use includes, but is not limited to: amusement parks, carnivals, motion picture and performing arts theaters, racetracks, sports fields, golf courses, fitness clubs, karate lessons, yoga classes, activity studios, museums, zoos, marinas, bowling, video and other games and amusements. Automated teller machine (ATM). A pedestrian oriented banking device operated by a financial institution for use by its customers for conducting transactions. The machines may be located at or within the financial institutions, or in other locations. ATMs for use by customers in vehicles are included in the definition of"drive-through establishment" of this section. Automobile. A vehicle with a gross vehicle weight rating (GVWR) of under twelve thousand (12,000)pounds primarily designed for transporting passengers and light cargo upon streets. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 3 OF 46 Awning. A projecting cover extending over a door, window or wall section with support attached to the structures and used as cover, protection, or as decoration. Babysitting. A. The act of caring for up to three (3) children at the home of the babysitter while the parents or usual guardians are absent on a sporadic or occasional basis; or B. The act of caring for sibling children at their home or at the home of a relative. C. Babysitting is not regulated by this title. Barrier. A vertical element including, but not limited to, a fence, wall, structure, or a combination thereof, that completely surrounds an area and controls access to such area. Berm. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. Brewery. The use of a site that manufactures beer or malt liquor. The use may include the ancillary sale or dispensing of beer or malt liquor by the drink or glass. Buffer. A combination of physical space and vertical elements, including, but not limited to, trees, shrubs, berms, artwork, fountains, seating and/or other landscape features. Building. A building shall be as defined by title 10, chapter 1, "building codes", of this Code. Building envelope. The area on a property exclusive of the required yards, setbacks, buffers, and unbuildable areas. See section I I-I A-2, figure I of this article. Building material, garden equipment, and supplies (NAICS Code 444). The use of a site for the retail sale and service of merchandise used in home and garden improvements. The use includes home and garden centers; hardware stores; lawn and garden equipment supply stores; paint and wallpaper stores; lumberyards; nursery, garden and farm supply stores. Building official. The officer or other designated authority charged with the administration and enforcement of the Building Code as established by title 10 of this Code or the building official's duly authorized representative. Business center. A neighborhood service area to meet the limited needs of residents running home occupations and/or telecommuting from home. Caliper. A measurement of the diameter of the trunk of a deciduous tree. The caliper of the trunk shall be measured six (6) inches above the ground for all trees up to and including four-inch caliper size, and twelve (12) inches above the ground for larger sizes. Canopy. A rooflike structure projecting from the exterior surface of a structure and of sufficient height and design to drive under. Detached canopy structures, e.g., a fuel station facility, shall be considered a separate structure. Cash escrow. Cash or certified check submitted to the City Clerk for incomplete landscape improvements in order to secure a temporary certificate of occupancy. Cemetery. The use of a site for the interment of human remains or cremated remains. The use includes burial parks, mausoleum for vault or crypt interments, columbarium for cinerary interments or a combination thereof. Certificate of occupancy. Official certification that a building and site conform to the provisions of city codes, including appropriate conditions such as a development agreement, and/or conditional use permit. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 4 OF 46 Certificate ofzoning compliance. A document issued by the Director that certifies that the structure or use meets the requirements of this title. Chord measurement. A straight line measurement from the beginning point of a curvature to the ending point of a curvature. Church or place of religious worship. An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the State of Idaho with a state tax exempt status in accord with Idaho Code § 63-60213. City. The City of Meridian, Idaho. City core. The area bordered on the north by E. Carlton Avenue, on the south by E. Ada Street, on the west by N. Meridian Road, and on the east by NE Third Street. The City core includes abutting properties on both sides of the street. City engineer. The City Engineer of the City of Meridian, Idaho, or an authorized representative of the Meridian Public Works Department. Civic, social andftaternal organizations (NAICS Code 813). A facility owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests; and not primarily operated for profit nor to render a service that is customarily carried on as a business. Clear vision triangle. The boundaries of an area at the intersection of- A. Two (2) public streets; B. The intersection of a public street and driveway; C. The intersection of a public street and alley; or D. At the crossing of a railroad over a street, where visual observations are limited and specified by this title for the purpose of protecting public health and safety. Also known as a sight vision triangle. See Section 11-3A-3, Figure I of this Title. Collocation. The use of a single tower to support more than one (1) wireless telecommunication service provider's equipment, or the mounting of an antenna to a preexisting structure. Commission. The Planning and Zoning Commission of the City of Meridian, Idaho. Common drive. An access shared by adjacent property owners that is privately owned and maintained. Comprehensive plan. The duly adopted Comprehensive Plan for the City of Meridian, Idaho, pursuant to the "Local Land Use Planning Act", I.C. 67-6501 et seq., as amended. Conditional use. A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, hours of operation, or noise), is allowed in a district subject to approval by the Planning and Zoning Commission and subject to special requirements in conformance with Chapter 5, Article B of this Title and as enabled by I.C. 67-6512. Condominium. An estate in real property as defined in I.C. 55-IOIB that is not a subdivision. Conference center. A facility that is designed, constructed, and devoted to hosting conferences, exhibitions, large meetings, seminars, and training sessions. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 5 OF 46 Construction sand and gravel mining (NAICS Code 212321). The use of a site for one (1) or more of the following activities: A. Operating commercial grade (i.e., construction) sand and gravel pits; B. Dredging for commercial grade sand and gravel; and C. Washing, screening, or otherwise preparing commercial grade sand and gravel (excluding crushing operations). Contiguous land. Unplatted parcels held in one (1) ownership that abut each other at a common boundary. Contractor. A person who agrees to fumish materials or perform services at a specified price, especially for construction. The term contractor shall include, but not be limited to, building, landscaping, electrical, plumbing, heating, or air conditioning contractors. Contractor's yard. Any area of land used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land used for minor preinstallation work or repair of machinery used for any of the above listed activities. Cornerproperty. See definition of property, comer. Council. Meridian City Council. Cul-de-sac. See definition of street, cul-de-sac. Daycarejacility. Any home, structure or place where nonmedical care, protection or supervision is regularly provided to children under twelve (12) years of age, or disabled persons of any age, for periods of less than twenty-four(24) hours per day, while the parents or guardians are not on the premises. There are three (3) types of daycare facilities distinguished by the number of individuals served. A. Daycare center. More than twelve (12). B. Daycare, group. More than six (6) but no greater than twelve (12). C. Daycare,family. Six (6) or fewer. Decision-making body. The Director, Commission, or Council, as set forth in chapter 5 of this title. Dedication. The setting apart of land or interests in land for public use, charitable, religious, or educational purposes. Density. The number of dwelling units per acre of land. Density, gross. The ratio of the total number of dwelling units within a development divided by the total area, including streets, alleys, easements, waterways, and common spaces. Density, net. The ratio of the total number of dwelling units within a development divided by the total area, excluding streets, alleys, easements, waterways, common spaces, and any other area not devoted to the residential lots. Development. Any construction or installation of a structure, or any change in use of a structure, or any subdivision of property, or any change in the use of the land that creates additional demand and/or need for public facilities. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 6 OF 46 Development agreement. A written agreement as a condition of annexation or rezone between the Council and an owner or applicant concerning the use or development of a property in accord with Idaho Code § 67-651 IA and chapter 5, "administration", of this title. Development application. An application for development that requires approval and/or action by the Director, Commission, or Council. Direct sales. The sale, distribution,presentation, demonstration, or supply of goods directly to consumers from the fabricator or producer of such goods through independent consultants, agents, or contractors. Director. The Director of the Meridian City Community Development Department or an authorized representative. Dismantled vehicle: Any vehicle, or parts thereof, which: A. Cannot be safely operated under its own power; B. Is missing any one (1) of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers, or adequate fenders; C. Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or is otherwise in a wrecked, inoperative, or dilapidated condition. Distillery. The use of a site that manufactures distilled beverages. The use may include the ancillary sale or dispensing of liquor by the drink or glass. District or zone. The zone district classification, listed in Chapter 2 of this Title, in effect on any given property. Doublefencing. Two (2) fences as defined in this section that parallel each other along an abutting common property line. Drinking establishment. The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. This use is commonly referred to as a bar, lounge, nightclub, and tavern. Drive-through establishment. The use of a portion of a structure where business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. The term drive- through establishment shall include, but not be limited to, providing food or beverage service, bank service, and/or film processing. The term drive-through establishment shall not include "fuel sales facility" or "vehicle washing facility" as herein defined. Dustless materials. Hard surfaces used for driveways, loading and parking including, but not limited to, concrete, asphalt, grasscrete, pavers, bricks, and macadam. Dwelling, multifamily. A structure, or portion thereof, that contains three (3) or more dwelling units or apartments, where all such units are located on the same property. For the purposes of this title, a multifamily dwelling shall be deemed multifamily development. Dwelling or dwelling unit. Any structure, or portion thereof, providing independent living facilities for one (1) "family" as herein defined, including provisions for living, sleeping, eating, cooking, and sanitation. See section 11-1 A-2, figure 2 of this article, for types of dwellings. Dwelling, secondary. A habitable dwelling unit established in conjunction with and subordinate to a single-family dwelling unit constructed on a foundation and connected to municipal services. The term shall include guesthouse, granny flat, tiny house, carriage house, and garage apartment and caretaker unit. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 7 OF 46 Dwelling, single-family attached. A structure containing two (2) dwelling units attached by a common wall or walls, where each dwelling unit is located on a separate property. Dwelling, single-family detached. A detached structure that accommodates a single dwelling. Dwelling, townhouse. A structure containing three (3) or more dwelling units attached by common walls where each dwelling unit is located on a separate property. Dwelling, two-family duplex. A structure containing two (2) dwelling units attached by a common wall, where both dwelling units are located on the same property. Easement. A right of use, falling short of ownership, and usually for a certain stated purpose, as defined by Idaho Code § 50-1301. Education institution,private. The use of a site for education purposes not supported by the State of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher learning; professional, technical and trade schools; driving schools; and fine arts schools. Education institution,public (NAICS Code 61). The use of a site for education supported by the State of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher learning; and vocational schools. Employee. A person employed on the premises by the property owner and receiving not less than seventy-five (75) percent of the employee's annual income from said property owners. Entertainment, adult. Adult entertainment shall include a place of business or commercial establishment providing or selling, as a substantial or significant portion of its stock or trade, live or pre-recorded entertainment, activity, goods, services, or media of a sexually prurient nature, meaning any image, depiction, communication, or product that, in context, is obscene, lewd, lascivious, or indecent, includina: A) nude or substantially nude person(s), including persons dancing, stripping, o exhibiting or modeling lingerie, bikinis or similarly styled garments; B) personal contact of a sexual nature between persons or devices; or C) adult stores distinguished or characterized by their emphasis on such matter or which sells or displilys for sale devices designed to stimulate sexual arousal by contact with the skin or bodily orifices. Terms used herein shall be defined as set forth in Idaho Code section 18-1514 and 18-4101. Adult entet4ainment shall be as defined in title 3, ehapter- 10 of this eede and shall inelude adult theaters, establishments with adtift ar-eade maehin s, and-Adult. stores, exeluding adult stores having only a segment or- seetion devoted to the sale or display of-- A. Steek or-trade, books, - . gr-films whieh are distinguished or- ehar-aeter-ized by their emphasis on mat4er-depiefing, deser-ibing, or-r-elating to adult eatei4aiament; andler- B. Deviees designed to stimulate sexual arousal by eentaet with the skin or- or-ifiees.- Equipment sales, rental and services. The use of a site for the sale, rental or servicing of tools, trucks, tractors, construction equipment, agricultural implements, or similar industrial equipment. Family. A. A person living alone or two (2) or more persons related by blood or marriage; B. A group of not more than ten (10) persons who need not be related by blood or marriage living together in a dwelling unit; C. Eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervision, provided that no more than two (2) staff members reside in the dwelling at any one (1) time. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 80F46 Fence. An enclosure or barrier constructed of wood, masonry, stone, wire, metal or other manufactured materials used to enclose, screen or separate areas. Walls, latticework, and screen are considered fences. Fence, closed vision. A fence that does restrict or impede vision or sight through the fence by more than twenty(20)percent. Fence, nonscalable. A fence erected as a barrier to unauthorized access by persons or vehicles, usually six (6) feet in height and often made of wrought iron or woven wire. Fence, open vision. A fence that does not restrict or impede vision or sight through the fence by more than twenty(20)percent. Fence, semiprivate. A fence that does not restrict or impede vision or sight through the fence by more than fifty(50) percent. Fence, solid. A fence that effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it. Finalplat. See definition of plat, final. Financial institution (NAICS Code 52). The use of a site for lending, exchanging and handling money or currency for customers. The use includes, but is not limited to, credit unions, savings and loans, commercial banks, cash machines, insurance agents, and loan establishments. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns or symbols, used as a symbol of government, political subdivision, or other entity. Flammable substance storage. An establishment, or portion thereof, wherein combustible substances (as defined by the fire code) are stored. Flex space. The use of a building or portion thereof for small scale warehousing and/or light industry with associated office and/or retail showroom space. Flexibility in use of the interior spaces and low scale, attractive exterior appearance characterize flex buildings. Floor area, gross. The measure of total square footage of habitable space of a structure. Food and beverage products processing,- major (NAICS Code 311). The use of a site for producing, manufacturing, processing or storage of food products. The use includes, but is not limited to, beverages, coffee, ice, snacks, fruits, vegetables, spices, confectionery, and dairy products. Food and beverage products processing,- minor. The use of a site or portion thereof for small scale operation of producing; manufacturing; processing and storage of food and beverage products. The use must contain a tasting room, dining area, retail showroom or any combination of these areas. The term includes brewery; distillery and winery. A use that does not meet the specific use standards listed in chapter 4 of this title shall be defined as food and beverage products processing, major. Foot-candle. A standard unit of measurement used to identify the intensity of light. A unit of illumination equal to that given by a source of one (1) candela at a distance of one (1) foot. This is the SAE/imperial unit of measurement whereas lux is the metric unit of measurement. Footprint. Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls and/or footings. Freight terminal. See definition of terminal, freight or truck. Frontproperty line. See definition of property line, front. Frontage. The front of the property, measured along the street from side property line to side property line. On comer lots and through lots, all sides of a lot adjacent to streets shall be considered frontage. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 9 OF 46 Frontage, street. See definition of street frontage. Fuel salesfacility. A retail establishment that sells and supplies motor ftiel, lubricating oils, and/or grease to on premises trade. The use may also include an accessory convenience store selling a limited line of groceries and self-service food items. Fuel salesfacility, truck stop. A retail establishment that sells and supplies motor fuel, lubricating oils, and/or grease to on premises trade, primarily to trucking industry. The use may also include accessory repair shops, automated washes, convenience store, restaurant and/or motel. Full cutoffshield. In its installed position, a light fixture with a full cutoff shield will not allow any direct light above a horizontal plane and no more than five (5)percent of the total light output may come from the zone from fifteen (15) degrees below the horizontal to the horizontal plane. See section I 1-3A-11, figure 1 of this title. Girdling. Damaging or removing the bark and cambium layer around a tree trunk in a manner that usually kills the tree. Glare. Light emitted from a fixture with intensity great enough to cause visual discomfort, eye fatigue, reduction in a viewer's ability to see and, in extreme cases, momentary blindness. Grade. The elevation of the finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure. Grandfather rights. See article B, "nonconforming property, use, structure or sign", of this chapter. Gross land area. The total area of the land being developed, exclusive of required street buffers and buffers between incompatible land uses. The calculation for required open space in residential subdivisions and multi-family residential development is based on the gross land area of the land being developed. Hardship. An unusual situation on an individual property that will not permit the property owner to enjoy the full utilization of their property as is enjoyed by others in the same district. A hardship can exist only when it is not self-created. Examples of hardship include unusual shape of the property, natural features, or other exceptional physical conditions on the property. Head to head spacing. Placement of sprinkler heads in a rectangular pattern such that one (1) sprinkler head sprays to the next (spacing is fifty(50) percent of the sprinkler's spray diameter). Health authority. The Central District Health Department, the Idaho Department of Health and Welfare, the United States Enviromnental Protection Agency, and any agency as may succeed to any of their powers. The term health authority shall be liberally construed to include all of the adopted, approved or certified plans, rules, regulations, statutes or laws of the health authority. Healthcare and social services (NAICS Code 62). The use of a site for ambulatory healthcare services. Included in this use are offices of dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning centers, medical and diagnostic laboratories, imaging centers, kidney dialysis centers; blood and organ banks. Social service uses include, but are not limited to, individual and family services; community food and housing, emergency and other relief services; vocational rehabilitation services; services for the elderly and persons with disabilities; vocational rehabilitation services; and emergency and other relief services. Heat island. In urban areas, the absop2tion of solar radiation from low reflectance materials that leads to a gradual increase in telnperatures versus rural and undeveloped areas. Heavy industry. See definition of industry, heavy. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 10 OF 46 Height, wireless communication facility. The vertical distance measured from finished grade to the top of the pole, structure, or tower, including the antenna. Hospital. A medical institution licensed by the state that is devoted to the maintenance and operation of facilities for the medical or surgical care of patients twenty-four(24) hours a day, including air transport facilities. The term hospital does not include healthcare and social services, nursing and residential care facility, or establishments that forcibly confine patients. Hotel or motel. An establishment that provides lodging to the public for a fee as defined by Idaho Code § 67-4711. Illumination. See definition of"sign: illuminated sign." Impact area. The area of future possible city incorporation as established by the area of city impact agreement with Ada County. Impervious surface. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration or absorption by water. It includes surfaces such as compacted sand or clay as well as most conventionally surfaced streets, roofs, sidewalks and parking lots. Indoor shooting range. A controlled area of activity, specifically designed for the discharging of firearms at targets. The term does not include arts, entertainment and recreation facilities. Industry, heavy. A. A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; B. A use engaged in storage or manufacturing processes using flammable or explosive materials; C. Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Included uses are animal products, seafood, milling and refining. Industry, information (NAICS Code 51). The use of a site for processing data. The use includes, but is not limited to, publishing industries such as newspapers, books, music, internet and software; recording and broadcasting studios; data processing centers, call centers, internet providers and other information systems. Industry, light. A use engaged in the manufacture, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials. Infill. Any vacant lot or parcel within a developed area of the City, where at least eighty(80) percent of the land within a three hundred-foot radius of the site has been developed, and where water, sewer, streets, schools and fire protection have already been developed and are provided. Interior common open space. "Open space" as defined in this section located internal to a development; exclusive of open space on the perimeter of a development. Junk. Discarded, used, or secondhand materials, including, but not limited to, used machinery, scrap copper, brass, iron, steel, other ferrous and nonferrous metals, tools, appliances, implements, vehicles or portions thereof, furniture, beds and bedding, rags, glass, plastic, cordage, rubber, building materials (excluding lumber), or other waste that has been abandoned from its original use and may be used again in its present or in a new form. Landscape maintenance. Watering, weeding, pruning, mowing, litter removal, pest control, and removal/repair of vandalism as needed to maintain a neat and orderly appearance. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE I I OF 46 Laundromat. A. An establishment that provides washing, drying, and/or ironing machines for hire; B. An establishment that provides washing, drying and/or ironing services to walk-in retail customers. Laundry and dry cleaning. An establishment that washes large quantities of laundry or dry cleaning for commercial patrons in machines larger than standard laundry machines. Letter of credit. A letter issued by a bank or other guaranteed financial institution authorizing the City of Meridian to draw a stated amount of money from the issuing bank under specific, stated conditions. Light industry. See definition of industry, light. Light trespass. Light emitting from one (1) property that crosses the property line of another property in excess of 0.1 foot-candle as measured at a height of sixty(60) inches above grade in a plane at any angle of inclination. Lighting, direct. Lighting, the source of which is visible to a viewer and/or which is reflected from the surface of a sign or building. This definition shall include exposed neon lights and tubing. Lighting, indirect or internal. Lighting for which the source of light is located in such a manner that the light must travel through a translucent material other than the bulb or tube necessary to enclose the light source, which material has the effect of dispersing the light before it strikes the eye of the viewer. Livelwork residential project A structure used for both residential and nonresidential uses, wheie: (1)the structure includes a dwelling unit; (2)the nonresidential square footage exceeds the area allowed for home occLapations and is less than 1,500 square feet, and(3)the structure is designed to integrate residential occupancy and work activities, including coMplete kitchen and sanitM facilities and working space used by one or more occppants of the unit. Living area. The area of a residential dwelling as measured in square feet, excluding the garage. Lot. A portion of a subdivision intended as a unit for transfer of ownership and development. Lot, common. A lot held in common ownership among all owners of the subdivision and separate from individual building lots. Lumen. A lighting industry standard unit of measurement used to measure the total quantity of visible light emitted by a source. Manufactured home. A. A dwelling constructed according to HUD/FHA construction and safety standards and as defined by Idaho Code § 39-4105. B. A rehabilitated dwelling certified by the State of Idaho Department of Labor and Industry, Building Safety Division. Manufactured home park. A multifamily residential development developed exclusively for siting manufactured homes on individual spaces that are rented or leased. Matched precipitation rates. Sprinklers that are designed to work together on the same irrigation valve to deliver an equivalent rate of water application, regardless of the arc of the nozzle being used. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 12 OF 46 Mew. Dwelling units built around a common open space area or court where the units face the open space area and are generally not accessed from a public street. Micropathway. A pedestrian passageway providing access by way of a short travel link between points of destination. Mitigation. An action that will eliminate, minimize or compensate for impacts from development or uses. Mobile home. A transportable structure suitable for year round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to June 15, 1976. Mobile services. Contractors and other personal and/or professional services that typically are invited to travel to the customer as part of the service provided. Mobile services include, but are not limited to, taxis, landscape maintenance contractors, carpet cleaners, maid service, and grocery and/or food delivery. This use excludes the service and/or repair of fleet vehicles. Mortuary. An establishment in which deceased human bodies are kept and prepared for burial or cremation. Motel. See definition of hotel or motel. Mulch. A protective covering placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds. Multifamily development. Development where there are three (3) or more dwelling units or apartments located on the same property. A multifamily dwelling may or may not be present on the property. Multifamily dwelling. See definition of dwelling, multifamily. Multiuse pathway. A passageway, typically 10 feet in width, that is designed to provide walking, bicycling and other nonmotorized recreational opportunities between areas and facilities. Murals and artistic graphics. Any abstract mosaic, mural, painting, graphic art technique, or any combination thereof that does not contain any copy, business logo, or other visual elements intended to advertise. Natural waterways. As defined by the United States Army Corps of Engineers, including, but not limited to, the Five Mile Creek, Eight Mile Creek, Ten Mile Creek, and Jackson Drain. Neighboring properties. Abutting properties and any properties separated from the subject property solely by a roadway or dedicated easement. Nonconforming property. A property that lawfully existed prior to the effective date of this title, but that does not now conform to the dimensional standards for the district in which it is located. Nonconforming sign. See definition of"sign: nonconforming sign." Nonconforming structure. A structure that was lawfully constructed and/or existing prior to the effective date of this title but that does not conform to the dimensional standards for the district in which it is located. Nonconforming use. A use that lawfully existed prior to the effective date of this title but that does not now conform to the allowed uses for the district in which it is located. For the purposes of this title, nonconforming parking lot design and landscaping shall be deemed a nonconforming use. Nursery or urban farm. Any grounds, structures, greenhouses, or premises in which garden, landscaping, or florist's stock is propagated, grown, stored, or packed for commercial sale, and where the general public may purchase goods. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 13 OF 46 Nursing and residential carefacility (NAICS Code 623). The use of a site for providing assistance to individuals needed to perform the routines of daily life. The use includes, but is not limited to, children's treatment facility, assisted care, skilled nursing facility, residential care facility, and drug and alcohol treatment facility. Open space. An area substantially open to the sky that may be on the same property with a structure. The area may include, along with the natural environmental features, linear open spaces, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. This term shall not include streets, parking areas, or structures for habitation. Outdoor activity area. An area not fully enclosed that is associated with the use, including storage, equipment, loading and docking, but excluding vehicle parking. Owner. A "person", as herein defined, having sufficient proprietary interest in the land to maintain proceedings under this title. Parcel. A tract of unplatted land or contiguous unplatted land held in single ownership, considered a unit for purposes of development. Parcel of record, original. A parcel of land that was of record in the Ada County Recorder's Office prior to April 2, 1984. Park. A public or private open space that is primarily used for active recreation and community events. ParkingJacility. The use of a site for parking vehicles for a fee. Parking lot overlay. The addition of one (1) or more layers of pavement over an existing parking lot. Parking lot reconstruction. Removal and replacement of an existing parking surface done for the purpose of improvement or repair. Parking lot, restriping. Any change in the configuration, size or distribution of existing painted stripes designed to create spaces for motorized vehicles. Parking space, off street. An area adequate for parking an automobile with dimensions conforming to the requirements of chapter 3, article C, "off street parking and loading requirements", of this title. Parkway. A landscaped area located between the edge of a street section or curb and a sidewalk dedicated to separate pedestrian and vehicular traffic. Pathway. Shall include, but not be limited to, micropathways and multiuse pathways as herein defined. Pedestrian scale. The proportional relationship between buildings, outdoor spaces, or streetscapes and the dimensions of the human body. Design on a pedestrian scale is dimensionally smaller than design intended for vehicular traffic flow. Examples are lighting and other street features that are no higher than twelve (12) feet; surfaces with small dimensions such as brick and pavers, a variety of planting and landscaping; arcades or awnings that reduce the perception of wall heights; buildings that reflect detail, texture and variety, and signs that are designed for the pedestrian viewing from a short distance. Permitted use. See definition of principal permitted use. Person. Includes, but is not limited to, an individual, associations,joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other or any other similar entity. Personal property. Any property that is not real property. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 14 OF 46 Personal services. The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to, beauty services such as salons, hair, nail and skin care, spa, and barbers; fitness training and instruction; locksmiths; and repairs such as footwear and leather goods, and watches. Planned unit development (PUD). Property planned as a unit that demonstrates innovation and creativity in site design to protect natural features, preserve open space and create public amenities. Plat,final. A map or plan of an approved preliminary plat meeting all the requirements as set forth in chapter 6, "subdivision regulations", of this title and in a form required for recording with the Ada County Recorder. Plat,preliminary. A tentative map or plan of a proposed subdivision of land, cemetery, or replatting of land, meeting all the requirements set forth in chapter 6, "subdivision regulations", of this title. Plat, recorded. A plat including certificates, descriptions, approvals and requirements as set forth in chapter 6, "subdivision regulations", of this title and the Idaho Statutes, and recorded with the Ada County Recorder. Powerplant. A. An electricity generating facility regulated by the Federal Energy Regulatory Commission including, but not limited to, fossil fuel, geothermal, hydroelectric, biomass, and wind energy conversion facilities; or B. A qualifying facility as set forth in 18 CFR part 131.80. Principal permitted use. The use of land or a structure allowed in a specific district as distinguished from an accessory or conditional use. Professional services. Professional service uses include, but are not limited to: architects, landscape architects and other design services; graphic designers; consultants; lawyers; media advisors; photography studios; and general offices. The term does not include healthcare and social service. Prohibited use. Any use that is not listed as an allowed use for that district in sections I I-2A-2, table I I-2A-2; I 1-213-1, table I 1-213-1; 11-213-2, table I 1-213-2; 11-2C-2, table 11-2C-2; and I I-2D-2, table 11-2D-2 of this title, or as determined by the Director in accord with this chapter. Property. A "lot" or "parcel" as defined herein. Property boundary adjustment. The division for conveyance of a lot or parcel for the purpose of adjusting the boundary between properties. Property, corner. A property located at the intersection of two (2) or more streets. Property,flag. A property in the shape of a flag on a pole where access to the street is from a narrow right-of-way. Property line,ftont. The line separating the lot or parcel from the street on which it takes access, excluding alleys. Property line, rear. The property line opposite and most distant from the front property line. Where the lot or parcel is irregular and the property lines converge, the rear property line shall be deemed to be a line at a point where the side property lines are not less than twenty(20) feet apart. Property line, side. Any property line other than a front or rear property line. A property line adjoining a street is called a street side property line. A property line adjoining another property is called an interior side property line. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 15 OF 46 Property size. The computed horizontal area contained within a property. Property, through. A property other than a comer property having frontage on two (2) parallel or approximately parallel streets, excluding alleys. Public amenity. The term public use or amenity shall include, but not be limited to, the following. school site, bike path, transit shelter, park site, and public safety facility such as police, fire, or emergency medical facilities. Public infrastructure. The use of a site for a public infrastructure including, but not limited to: A. Power substation, electric substation, grid switching site, electric transmission line; B. Water reservoir; and C. Municipal wastewater and treatment facility. Public or quasi-public use. The use of a site for a public purpose or public facility, including municipal, state and federal services. The use includes, but is not limited to, City Hall; community centers; courts; emission testing facility; fire station; law enforcement; library; park and ride lot; Post Office; and transit stations. Public right-of-way. A right-of-way open to the public and subject to the jurisdiction of a public highway agency. Public utility. Facilities owned and operated by a public utility as defined in Idaho Code § 61- 129. Public utility, major. The use of a site for a public purpose, including, but not limited to, sanitation services facility, school busing facility, and municipal and utility shops, garage, or storage. Public utility, minor. The use of a site for minor public utility infrastructure including, but not limited to: A. Pumping station for water, sewer, or gas; B. Electric subtransmission line, electric distribution line; and C. Storm drainage facility and storm detention facility that is not within a right-of-way. Quasi-public use. See definition of public or quasi-public use. Rearproperty line. See definition of property line, rear. Rearyard. See definition of yard, rear. Recreation item,personal. The term "personal recreation item" shall include, but not be limited to, boat, snowmobile, motorbike, and all-terrain vehicles. Recreational vehicle. A vehicle or portable structure primarily designed as temporary living accommodation for recreational, camping, and travel use. The term shall include, but not be limited to, motor home, travel trailer, fifth wheel trailer, truck camper, fold down camping trailer, park trailer, mobile tiny homes and travel trailer. Recreational vehicle park. A premises upon which two (2) or more parking sites are located, established, or maintained for occupancy by recreational vehicles for temporary use for recreation or vacation purposes. Recycling center. An establishment that is not a junkyard and in which recoverable resource materials, such as paper products, glassware, and metal cans, are collected, sorted, flattened, crushed, SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 16 OF 46 or bundled within a completely enclosed structure prior to shipment to others who use such resource materials to manufacture new products. Requiredyard. See definition of yard, required. Research and developmentfacility. A business engaged in research and development of ideas and applications in technologically intensive fields including, but not limited to, medical and biomedical technology, computer software and information systems, and telecommunications. Prototype development, assembly and testing as well as supportive administrative and corporate functions may be associated with such uses. Residential district. For the purposes of this title, the term residential district shall include the low-density residential district (R-2), medium low-density residential district (R-4), medium-density residential district (R-8), medium high-density residential district (R-15), high-density residential district (R-40), and traditional neighborhood residential district (TN-R). Restaurant. A. The use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to, cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery, sushi bar, steakhouse. B. Establishments with a liquor and/or beer and wine license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho Administrative Code 11.05.01.010.07. Retail sales. The sale, distribution, presentation, demonstration, or supply of goods to consumers through or at a retail store. Retail store. The use of a site that offers merchandise to the public for monetary compensation. The use includes, but is not limited to, convenience stores; food stores; apparel and accessories stores; book, computer, and music stores; electronics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; hobby, office supplies, stationery and gift stores; specialty stores; sporting goods; and used merchandise stores. Retail store, wine and beer sales and servings. The use of a site that offers wine and/or beer to the public for monetary compensation for off-site consumption as well as offers servings of such for purchase by the bottle or glass. The use includes, but is not limited to, wine shops and brewing supply stores. The use does not include, brewery, distillery, drinking establishment, restaurant or winery as herein defined. The use does not include stores that sell wine and beer but do not offer servings. Right-of-way. See definition of public right-of-way. &parian area. A native vegetated area along waterwgys such as flood plains and streambanks that are distinctly different from surrounding lands because of unique soil and vegetation characteristics that are strongly influenced by the presence of water. Section line roads. The following roads are section line roads within the Meridian Comprehensive Plan. Chinden, McMillan, Ustick, Fairview, Franklin, Overland, Victory, Amity, Lake Hazel, Columbia, Can-Ada, Star, McDermott, Black Cat, Ten Mile, Linder, Meridian, Locust Grove, and Eagle. The term shall include other roadways that follow surveying section lines as additional areas are added to the Meridian Comprehensive Plan. Self-service storagefacility, residential. Any real property designed and used for renting or leasing individual storage spaces incidental to residential property or dwelling units, to which the occupants thereof have access for storing or removing personal property. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 170F46 Se�f-service uses. Any commercial use in which there is not an attendant on the site during all hours of operation, including, but not limited to, automated teller machines, laundromats, vehicle washing, fuel sales facilities, and storage facilities. Setback. The minimum required distance between the property line and the nearest structure. See section I I-lA-2, figure 1 of this article. Side property line. See definition of property line, side. Side yard. See definition of yard, side. Sight vision triangle. See definition of clear vision triangle. Sign. The following definitions apply to signs: Awning sign. The copy area or separate background areas attached to an awning. Background area. The area comprising the portion of a sign on which copy could be placed, not including the supporting structure. Banner. A sign made of fabric or other similar nonrigid material with no enclosing framework or electrical components that is supported or anchored on two (2) or more edges or at all four (4) comers. Banners also include nonrigid signs anchored along one edge or two (2) comers. Building sign allowance. The allowed sign area for each elevation, excluding freestanding signs and including, awning signs, canopy signs, changeable copy signs, hanging signs, projecting signs, wall signs, and window signs. Business identification sign. A sign that serves to identify only the name, address, and lawful use or uses of the premises upon which it is located and provides no other advertisements or product identification. Canopy sign. The copy area or separate background areas attached to a canopy. Changeable copy sign. A sign on which copy may be changed, whether manually or electronically. A. Animated changeable copy sign. A changeable copy sign, any visible part of which blinks, flashes, moves or changes color to depict action or create a special effect or scene, regardless of the source of energy causing the animation. B. Manual changeable copy sign. A changeable copy sign, any visible part of which is constructed with removable letters and is not electronically changeable. Conforming sign. A sign that conforms to the requirements of chapter 3, article D of this title. Construction sign. A sign on a property or portion thereof that has a valid and active building permit. Copy. Any combination of letters, the space between the letters, numbers, identifying print, symbols, illustrations, logos, or other graphic elements which conveys information. Copy area. The area of the sign occupied by "copy" as defined herein. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 18 OF 46 Directional sign. A freestanding sign directing automobile movement through a site that has a drive-through establishment. Freestanding sign. A sign whose background or copy area is wholly supported by a column, pole, foundation, pedestal or other support structure in or upon the ground and that is independent from any other structure. Freestanding sign allowance. The allowed sign area for a property, excluding building signs and including freestanding signs, directional signs, and banners and/or other signs attached to freestanding structures such as a pole. Hanging sign. A sign suspended below an awning and/or a canopy. Illegal sign. A. Any sign and/or sign structure that does not conform to the requirements of chapter 3, article D of this title and for which a permit was never issued and that cannot meet the requirements of a nonconforming sign. B. A sign and/or sign structure lacking a current and valid permit. Illuminated sign. A sign that uses a source of light for illumination, including, but not limited to, the following: A. Direct illumination. A source of light located away from the sign that lights the sign and is visible to persons viewing the sign from a street, sidewalk, parking area or neighboring property. B. Indirect illumination. A source of light located away ftom the sign that lights the sign, but which is itself not visible to persons viewing the sign from any street, sidewalk, parking area, or neighboring property. C. Internal illumination. A source of light that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. D. Neon tube illumination. A source of light for externally lit signs supplied by a neon tube that is bent to form letters, symbols, or other shapes. Limited duration sign. Any sign allowed only to be displayed for a limited period of time and capable of being viewed from any street, sidewalk, parking area or abutting property. Marketing sign. A sign on a property or any portion thereof available for inspection, sale, lease, or rent, but not including limited duration signs. Nonconforming sign. A sign, sign structure, or use of a sign lawfully existing prior to January 1, 20 10, but that does not now conform to the dimensional and/or locational standards for the district in which it is located. Off-premises outdoor advertising sign. Any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform and which is situated in order to be visible from any SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 19 OF 46 highway, or other traveled way and which is located on property which is separate from and not adjoining the premises or property on which the advertised activity is carried out. Pole cover. Decorative treatment that encloses the support structure of a freestanding sign. Portable sign. Any A-frame, T-frame, and similar freestanding, movable signs that are placed on the sidewalk for the promotion of a business and/or product. Projecting sign. A sign other than a wall sign, that projects from and is supported entirely by a wall of a building or other structure. Roof sign. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure or extending vertically above the eaves of the roof, with the exception that a mansard roof sign is treated as a wall sign. Scrolling. Text or graphics, usually as part of an electronic reader board, which moves up or down or across a display screen in a consistent and predictable manner. Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. See section I I- 3D-1, figure I of this title. Sign structure. Any structure that is specifically designed to support a sign, including decorative cover. Subdivision identification sign. A freestanding sign that identifies a platted subdivision name or the name under which such subdivision is being marketed. Under awning sign. See definition of"sign: hanging sign." Under canopy sign. See definition of"sign: hanging sign." Vehicle sign. A sign on a vehicle of any kind that is directly affixed to the body of the original vehicle, including, but not limited to, magnetic decals, vinyl stickers, vinyl wraps, and/or paint. Wall area. The wall surface of a single-tenant structure or the storefront of a multi-tenant structure. Wall sign. Any sign that is attached, erected, or painted on the exterior wall of a structure with the exposed face of the sign parallel to the wall. Window sign. Any sign upon or within twelve (12) inches) of the windowpanes or glass of a window and visible from the exterior of the window. Single-family attached dwelling. See definition of"dwelling, single-family attached." Single-family detached dwelling. See definition of"dwelling, single-family detached." Site plan. A plan, to scale, showing existing and proposed uses, structures and improvements proposed for a property as required by the regulations involved. Such plans include property lines, streets, driveways, parking, building sites, landscaping, open space, and utility easements. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE20OF46 Soil stabilization. The state of having sufficient vegetation and gradual slopes to prevent soil erosion and sedimentation onto adjacent features such as sidewalks, driveways, parking areas, lawns, or water bodies. Solid waste transfer station. The use of a site for the collection and temporary storage of solid waste for subsequent transport to a permanent disposal location. State. The State of Idaho. Storagefacilities, outdoor. The use of a site where equipment, inventory, supplies, or other similar items are stored outside, including a building with a roof but without walls completely enclosing the building. Storagefacility, se�f-service. A structure or group of structures with a controlled access and fenced compound that contains individual, compartmentalized, or controlled units that are leased or sold to store material (including, but not limited to, goods, wares, merchandise, or vehicles). Stormwaterfacilities, green. A stormwater facility designed in accord with ACHD's "Drainage and Stormwater Management Policy Manual" that enhances and/or mimics the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse. Story. As defined by Meridian City Building Code as set forth in title 10, chapter I of this Code. Street. A private or public right-of-way that provides vehicular access to adjacent properties. The term street shall include, but not be limited to, a road, thoroughfare, parkway, avenue, boulevard, lane, place, or highway. Street, arterial. A street designated as a major or minor arterial on the most recent regional transportation plan for Ada County by the Community Planning Association of Southwest Idaho or the City of Meridian comprehensive plan that carries high volume through traffic on a continuous route. Street, collector. A street designated as an urban collector or proposed urban collector on the most recent regional transportation plan for Ada County adopted by the Community Planning Association of Southwest Idaho or the City of Meridian comprehensive plan that carries traffic from local streets to arterials. Street, cul-de-sac. A dead end street provided with a turnaround at its terminus. Street, entryway corridor. Arterial roadways that introduce both visitors and residents to the City of Meridian, as defined by the city's comprehensive plan. Streetfrontage. The distance measured along the property line, which fronts upon a street or alley or other principal thoroughfare that provides vehicular access to a property. Street island. A landscape island located within or surrounded by public street right-of-way. Street knuckle. An expansion of a local street providing access to abutting properties. Street, local. A street used primarily for access to abutting properties. Street,private. A roadway that is not dedicated to the public that is not a part of the public highway system, and that is approved pursuant to chapter 3, article F, "private street requirements", of this title. Street,public. A street that is subject to the jurisdiction of the Idaho Department of Transportation (ITD) or the Ada County Highway District (ACHD). SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE21OF46 Streetscape. A. The visual character along a roadway created by the combined use of elements such as building facades, landscaping, trees, open space paving, plantings, sidewalks, lighting, signs and furniture. B. In the city core, that portion of right-of-way adjacent to the roadway, between the back of the curb and face of building, including use zone, clear zone, and street furnishing zone. Strobe light. An attention getting device that emits a repetitive light; independent of, or as part of a sign. For the purposes of this title, a strobe light shall not be considered an animated sign. Structure. See definition of"building." Subdivision. A. The division of a lot or parcel of land, into two (2) or more lots for the purpose of conveyance of ownership or for building development; and the recorded plat thereof; or B. The platting of one (1) lot or parcel for the purposes of remedying a prior illegal division of property or as deemed appropriate by the Director and/or City Engineer. Surety. Cash, or cash equivalent, including an irrevocable letter of credit or a certificate of deposit, guaranteeing the performance of the terms and conditions of a development approval. Swale. A shallow, grassy depression. Swale, stormwater. A broad, shallow channel covered with erosion resistant vegetation and used to conduct, infiltrate, and pretreat surface runoff. Temporary use. The carrying on, for a determinate and transitory period of time, a use of, at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display of goods or services, which such use is not the approved conditional or principal permitted use designated for such real property as such terms are defined in this title. Terminal,freight or truck. The use of a site where freight brought by truck or rail is transferred. The use may include the storage or repair of trucks or railcars. The use excludes the long term or permanent storage of freight. Through property. See definition of"property, through." Tower,full array. A wireless communication facility that does not qualify as a stealth tower design or a slimline tower design. See section I MA-2, figure 3 of this article. Tower, lattice. A tower made of an open metal framework consisting of strips of metal overlapped in a pattern to achieve strength and height. Tower, monopole. A cylindrical shaped pole usually made of steel that has no visible break in shape or appearance, other than tapering, which is secured to the ground in a manner to stand vertically upright. Tower, slimline. A wireless communication facility, consisting of a monopole and one (1) or more antennas, on which the antenna panels are narrow and closely spaced with one (1) another atop the monopole and does not exceed the standards set forth in section 11-4-3-43 of this title. See section I MA-2, figure 3 of this article. Tower, stealth. A wireless communication facility which is disguised as another object or otherwise concealed from view. Examples of stealth facilities include, but are not limited to, SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 22 OF 46 streetlights, field lights, flagpoles, trees or architectural elements such as dormers, steeples, and chimneys. Townhouse dwelling. See definition of"dwelling, townhouse." Trailer. A vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle. This term shall not include recreational vehicles. This term shall include, but shall not be limited to, boat trailer, horse trailer, utility trailer, snowmobile trailer, all-terrain vehicle trailer, and motorbike trailer. Transportation authority. The Ada County Highway District, the Idaho Transportation Department, the Valley Regional Transit and any other agency that may succeed to their powers or establish public jurisdiction in the field of transportation. The term transportation authority shall be liberally construed to include all the adopted, approved, or certified plans, rules, regulations, statutes, or laws of the transportation authority. Trees, class I, II, Iff. The classes of trees are defined for the purposes of this title by the publication "Tree Selection Guide for Streets and Landscapes Throughout Idaho" by the urban forestry unit of the Boise parks and recreation department (latest edition). In general, class I trees are smaller ornamental trees, class II trees are medium/large trees appropriate for street tree planting, and class III trees are very large trees. Truck terminal. See definition of"terminal, freight or truck." Unplatted. A parcel that is not included in any subdivision of record in Ada County. Uplighting. Lighting that is directed in such a manner as to shine light rays onto a building surface. Urban canopy. The lUer of leaves, branches, and stems of trees that Provide shelter of landscqping, hardscilping, and other iMprovements beneath when viewed from above. Urban service planning area. The land area within an area of city impact where urban services are available or planned, as provided and described in the comprehensive plan and designated on the adopted area of city impact boundary map. Use. Shall include the specific purposes for which an area or structure is arranged, designed, constructed, altered, converted, rented, leased, or intended to be maintained and/or occupied. Use, change of. A change of use shall include, but not be limited to, an expansion, alteration, or change in occupancy resulting in a more intense use of a site, such as additional dwelling units, gross floor area, seating capacity. Utility. Electrical, natural gas, water, wastewater, telephone and cable services and facilities. Variance. A relief from certain standards as set forth in subsection 11-513-413 of this title and as enabled by Idaho Code section 67-6516. Vehicle. Shall include, but not be limited to, automobile, pickup truck, truck, motorcycle, bus or as otherwise defined in Idaho Code § 49-123 which includes every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. Vehicle impound yard. The use of a site for the temporary storage of vehicles to be claimed by the owners. Vehicle, inoperable. A vehicle that cannot move under its own power or does not meet the minimum legal requirements necessary for the motor vehicle to be operated in a safe and lawful manner upon the roadways and highways in the State of Idaho, as set forth in Idaho Code title 49. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 23 OF 46 Vehicle repair, major. The use of a site for major vehicle rebuilding or reconditioning. The use includes engine rebuilding; major reconditioning of worn or damaged motor vehicles; and collision service, including body, frame, or fender straightening or repair. Vehicle repair, minor. The use of a site for minor vehicle maintenance and repair. The use includes vehicle repair garages, muffler shops, tire sales and installations, transmission shops, and wheel and brake shops. Vehicle sales or rental and service. The sale, rental, trade, or lease of new or used vehicles in operating condition and any repair work or minor service. Repair work or minor service shall include, but not be limited to, replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune up, and accessory sales of replacement parts. Any operation specified under the definition of"vehicle repair, major" of this section is excluded. Vehicle wash ingJacility. The use of a site where a vehicle may be washed, waxed, detailed, or vacuumed by the owner of the vehicle or employees on the site. Vehicle wrecking orjunk yard. Any area, lot, land, or parcel where two (2) or more vehicles without current registration or inoperable or dismantled vehicles that are not in operating condition (or parts thereof) are stored, dumped, dismantled, partially dismantled or wrecked; or as defined by I.C. 40-111, the use of a site that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, garbage dumps and sanitary fills. The following uses are excluded from this definition. agricultural equipment on a farm as herein defined and vehicles stored or dismantled within a completely enclosed structure. Vertically integrated residential project. The use of a multi-story structure for residential and nonresidential uses where the different uses are planned as a unified, complementary whole and functionally integrated to share vehicular and pedestrian access and parking. This term shall not include"accessory use, home occppation" or"live/work residential project" as herein defined. Veterinary office. See definition of"animal care facility." Vision triangle. See definition of"clear vision triangle." Walkway. A public way for nonvehicular use only, whether or not along the side of a road. Wall area. The total square footage of an exterior wall and determined by multiplying the total linear elevation of the building (or the leased portion thereof)by the distance from the roofline to pedestrian grade. Warehouse and storage (NAICS Code 493). A structure used primarily for storing materials and/or freight, including, but not limited to, goods, wares, merchandise, or vehicles. Water amenity. Any body of water either natural or manmade, which either exists or is proposed to be improved as apart of the development, in which its banks in all places adjacent to and located on said development are no steeper than one (1) foot vertical per every four(4) feet horizontally and which has a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet) multiplied by the peak velocity(feet per second) does not exceed four(4). Wholesale sales. The use of a site for selling, distributing, or brokering merchandise to retailers, business users, or other wholesalers. This use can include incidental retail sales to the general public. Winery. The use of a site that manufactures alcoholic beverages from the fermented juice of grapes, fruits, or other liquid bearing plants. The use may include the ancillary sale or dispensing of wine by the drink or glass. Wireless communication facility. A steel monopole, guywire tower, lattice tower or other similar structure designed to support directional antennas, parabolic dishes or antennas, microwave dishes, SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 24 OF 46 in addition to associated ground equipment and other similar equipment used in the wireless communications industry. Xeriscape. Landscaping that is characterized by the use of vegetation that is drought tolerant or of low water use in character. Yard, rear. An area extending across the full width of the property and lying between the rear property line and the nearest line of the principal structure. See Section I MA-2, Figure 1 of this Article. Yard, required. An area that extends along a property line to a depth or width specified in the setback regulations for the district in which the property is located. See Section 11-I A-2, Figure I of this Article. Yard, side. An area extending from the street yard to the rear yard between the interior side property line and the nearest line of the principal structure. See Section I I-I A-2, Figure I of this Article. Yard, street. An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure. On comer lots the street yard extends from the front property line and the street side property line to the nearest line of the principal structure. See Section I MA-2, Figure I of this Article. Section 2. That Unified Development Code section I I-2A-2, Table I I-2A-2 be amended as follows: TABLE 11-2A-2 ALLOWED USES IN THE RESIDENTIAL DISTRICTS Use R-2 R-4 R-8 R-15 R-40 Arts, entertainment or recreation facility, outdoors C C C Cemetery I - C C C C Church or place of religious worship C C C Civic, social or fraternal organizations C C C Daycare center 1 - C C P P Daycare, family A A A C Daycare, group C C P P Direct sales 3 A A A A A Dwelling, secondary A A A A A Dwelling, single-family attached C P P P Dwelling, single-family detached P P P P A/C Dwelling, townhouse - C P P C Dwelling, two-family duplex - C P P C Education institution,private - C C C C Education institution,public - C C P/C P/C Home, manufactured or mobile subdivision - C C C Home occupation, accessory use A A A A A SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 25 OF 46 Laundromat A A/C Live/work residential prqi�ct C C Manufactured home park C Multifamily development 1,2 C C Nursing or residential care facility 1 C C C Parking facility C Parks, public and private P P P P P Personal service A Professional service A Public, infrastructure C C C C C Public or quasi-public use 1 C C C Public utility, minor P P P P P Recreational vehicle park C Restaurant 1 A Self-service storage facility, residential 1 C C Storage facility, outside I A A A A A Storage facility, self-service A A A A A Vertically integrated residential project C C Wireless communication facility 1 P/C P/C P/C P/C P/C Wireless communication facility, amateur radio A/C A/C A/C A/C A/C antenna 1 Notes: 1 Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. 2 Multifamily dwellings may be allowed in the R-4 and R-8 Land Use Districts when included in a planned unit development(PUD). ' Subject to the home occupation, accessory use standards set forth in section 11-4-3-21 of this title. Section 3. That Unified Development Code section 11-213-2, Table 11-2B-2, be amended as follows: TABLE 11-2B-2 ALLOWED USES IN THE COMMERCIAL DISTRICTS Use C-N C-C C-G L-O M-E H-E Animal care facility P P P C C Artist studio 1 P P P Arts, entertainment or recreation facility, indoor P P P C Arts, entertaininent or recreation facility, outdoor C P P - Arts, entertainment or recreation facility, outdoor stage or - C C - SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE260F46 music venue Building material, garden equipment and supplies C P P Cemetery 1 C Church or place of religious worship 1 P P P P C C Civic, social or fraternal organizations I C C C C Conference center P C P Daycare center 1 A/C A/C A/C P A/C A/C Daycare, family A A A A - - Daycare, group P P A P C C Dispatch center for mobile services 1 C C P C C - Drinking establishment 1 C C C - C Drive-through establishment A/C A/C A/C - Education institution,private P P P P P P Education institution,public P P P P P P Equipment rental, sales, and service C C Financial institution P P P P P A Flex space I - P P - P - Food and beverage products processing; minor P/C P/C P/C - P/C P/C Fuel sales facility 1 C P P - - C Fuel sales facility, truck stop C - - Healthcare or social services P P P P P P Home occupation, accessory use A A Hospital 1 - C C C C P Hotel and motel P/C P/C P/C - C P Indoor shooting range - C - Industry, information 1 P P P C P P Industry, light 1 C C P C Laundromat 1 P P P C - Laundry and dry cleaning P P P - - A Live/work residential prqi�ct P P C C - Mortuary C P P - - - Multifamily development 1 C C - - - Nursery or urban farm 1 C P P C - - Nursing or residential care facility C C C C - - Parking facility C C P C C P SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 27 OF 46 Parks, public and private P P P P P P Personal service P P P P A A Professional service P P P P P P Public, infrastructure C C C C C C Public or quasi-public use 1 P P P P P P Public utility, minor P P P P P P Recreational vehicle park P Research and development facility P P P Restaurant P P P C A A Retail sales P P P A A Retail store P P P A A Retail store, wine and beer sales and servings P P P A Storage facility, outside 1 A A A Storage facility, self-service C C Vehicle repair, minor 1 A P P Vehicle sales or rental and service C P Vehicle washing facility I C P P A Vertically integrated residential project C P P C Warehouse 1 A A/C Wholesale sales A Wireless communication facility P/C P/C P/C P/C P/C P/C Wireless communication facility, amateur radio antenna A/C A/C A/C A/C A/C A/C Note: Indicates uses that are subject to specific use standards in accord with Chapter 4 of this Title. Section 4. That Unified Development Code section I I-2D-2, Table I I-2D-2,be amended as follows: TABLE 11-2D-2 ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS Use O-T TN-C TN-R Artist studio P P - Arts, entertainment or recreation facility, indoors P C - Arts, entertainment or recreation facility, outdoor stage or music venue C C - Arts, entertainment or recreation facility, outdoors C C - Building material, garden equipment and supplies C C - SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE280F46 Church or place of religious worship 1 P P C Civic, social or fraternal organizations P C C Conference center P Daycare center 1 C C C Daycare, family ' A A A Daycare, group 1 P P C Drinking establishment C C Drive-through establishment C Dwelling, secondary 1 A A A Dwelling, single-family attached P P P Dwelling, single-family detached P C P Dwelling, townhouse P P P Dwelling, two-family duplex P C P Education institution, private P C C Education institution,public P P P/C Financial institution 1 P P C Food and beverage products processing; minor P/C P/C Healthcare or social services P P Home occupation, accessory use A A A Hospital 1 C - - Hotel and motel P/C C Industry, information P/C P/C Industry, light C - Laundromat 1 P P A Laundry and dry cleaning P P P Live/work residential project P P P Mortuary C C Multifamily development P P P Nursing or residential care facility C C C Parking facility C C Parks,public and private P P P Personal service P P C Professional service P P C Public, infrastructure C C C Public or quasi-public use P P C SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 29 OF 46 Public utility, minor C P P Restaurant P P Retail store P P Retail store, wine and beer sales and servings I P P Vehicle repair, minor ' A Vertically integrated residential project P P P Wireless communication facility 1 P/C P/C P/C Wireless communication facility, amateur radio antenna A/C A/C A/C Note: hidicates uses that are subject to specific use standards in accord with chapter 4 of this title. Section 5. That Unified Development Code section I I-3A-5 be amended as follows: 11-3A-5 —Bikewa-ys Multiuse Pathwgys. Bike ftiys-Multiuse pathways shall be constructed in accord with the city's comprehensive plan, the Meridian Pathways Master Plan, eA+d the Ada County Highway District Master Street Map and Roadways to Bikeways, Master Plan. Section 6. That Unified Development Code section I I-3A-I 7(C)be amended as follows: C. Detached sidewalks or multiuse]2athwqys shall be required along all arterial and collector streets. The Director may waive this requirement to detach the sidewalk where: 1. There is an existing attached sidewalk or multiuse pathwqy; 2. The sidewalk is less than three hundred(300) linear feet in length and between two (2) adjoining properties with attached sidewalks or multiuse pathwqys. The Director may waive this requirement for a portion of the street frontage where there is a utility box, mature tree or other impediment that prevents installation of a detached sidewalk or multiuse pathwqy. Section 7. That Unified Development Code section I I-3A-I 9(B) be amended as follows: B.Minimum standards. The following minimum standards shall apply in addition to the detailed guidelines as set forth in the "City of Meridian Architectural Standards Manual." 1.Architectural character. Buildings shall be designed in accord with the "City of Meridian Architectural Standards Manual." 2. Site design. a. Extend or improve streets, drive aisles, cross access easements or similar vehicular and pedestrian connections provided from adjacent properties. b. For lots with frontage on a public street, a minimum of fiai4y(4 0)thiLty(3 0) percent of the buildable frontage of the property shall be occupied by building facades and/or public space. Within mixed use areas, and for large multi- building developments,buildings may be placed away from roadways if a minimum of thit4y(30) forty(40)percent of the buildable frontage is occupied by building facades and/or public space. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 30 OF 46 3.Parking lots. a. For properties greater than two (2) acres in size, no more than fifty(50) percent of the total off street parking area for the site shall be located between building facades and abutting streets. This requirement mu be reduced or waived at the determination of the director in industrial districts where there is an operational need to separate a secure outdoor storage yard from the parking area. b. For properties two (2) acres or less in size, a maximum of a single drive aisle with parking on one (1) or both sides shall be allowed between the building facades and abutting streets. All other off-street parking areas shall not be located between the building facades and abutting streets. c. The design and layout of internal site parking shall avoid long straight unbroken parking aisles,provide crossing drive aisles for internal circulation at approximately one hundred fifty-foot intervals, or provide parking that is perpendicular to the building. d. Where on street parking is provided or where vehicle circulation is directed in front of building entries, integrate traffic calming strategies and techniques, such as landscape islands, bulb outs, and/or detailed crosswalks, to increase safety and enhance the development character. e. In the traditional neighborhood districts parking shall be primarily located behind or to the side of buildings and public spaces, away from block comers and roadways. f. When parking and drive-throughs cannot comply with the standards above, they shall be screened by berms, landscaping,walls, architectural elements, or a combination of these elements to produce an appropriate buffer adjacent to public spaces and roadways. 4.Pedestrian walkways. a. A continuous internal pedestrian walkway that is a minimum of five (5) feet in width shall be provided from the perimeter sidewalk to the main building entrance(s) for nonresidential uses. The walkway width shall be maintained clear of any obstructions, such as vehicles, outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Unobstructed walkways at least five (5) feet in width shall be provided for any aisle length that is greater than one hundred fifty(150)parking spaces or two hundred(200) feet away from the primary building entrance(s). d. The walkways shall have weather protection(including, but not limited to, an awning or arcade)within twenty(20) feet of all customer entrances. Section 8. That Unified Development Code section 11-3B-2(C)be amended as follows: C. All applications for a conditional use permit(CUP),preliminary plat(PP), final plat(FP), combined preliminary and final plat(PFP), short plat(SHP), certificate of zoning compliance (CZC), administrative design review(DES), or planned unit development(PUD). SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE31OF46 Section 9. That Unified Development Code section 11-3B-5(0)be amended as follows: 0. Water Conserving design. To qualify for the exceptions for water conserving designs as set forth in this chapter, the applicant shall demonstrate the following: I.The design includes water conserving trees of this section, use of native or drought resistant shrubs,perennials or ornamental grasses, water conserving plants, boulders, rocks, decorative walls and/or permeable hardscape materials such as pavers and flagstones, and that are visually distinct(size, texture, or color) and clearly visible from the adjacent travel roadway or drive aisle. 2. The design includes plants that can thrive in climates with approximately ten (10)to twelve (12) inches of annual rainfall. 3. Lawn and turf areas shall not comprise more than fifty(50)percent of the total landscaped areas and shall consist of water conserving grasses, including,but not limited to,buffalo grass,blue gamma grass, compact fescue,Xerilawn, turf type tall fescue and/or rhyzomotuous tall fescue. 4. Herbaceous and/or perennial ground cover shall be drought tolerant and able to withstand dry conditions once established. As a guide, refer to the recommended plants in the city of Boise parks and recreation "Water Conservation Guidelines". 5. Excluding lawn and turf, no area larger than three hundred seventy-five (375) square feet may be covered by a single ground cover material without additional hardscape or design feature of no less than one hundred twenty-five (125) square feet. 6. The required street landscqpe buffer widths in Chqpter 2 may be reduced gp to fi (50)perc nt. Required landseape areas shall be at least foFty(40)per-eent 6ever-ed with vegetation at matffi-ity. 7. Required landscqpe areas shall be at least forty(40)percent covered with vegetation at maturily. Section 10. That Unified Development Code section 11-3B-7(C)be amended as follows: C. Standards. Standards for landscape buffers along streets shall be as follows: 1.Buffer size. See Chapter 2, "District Regulations", of this title. a.Measurement. (1)All street buffers with attached sidewalks shall be measured from the back of sidewalk or multiuse pathwily. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate sidewalk or multiuse pathwa location as anticipated by ACHD. (2)All street buffers with detached sidewalks or multiuse pathwqys shall be measured from the back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks and multiuse pathwgys shall have an average minimum separation of greater than four(4) feet to back of curb. b.Easements. Where the buffer is encumbered by easements or other restrictions, the buffer area shall include a minimum five-foot wide area for planting shrubs and trees. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 32 OF 46 c. Width reduction. In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted through the alternative compliance process in accord with Chapter 5, "Administration", of this Title. The request shall demonstrate evidence of the unique hardship caused by the required street buffer and propose a specific alternative landscape plan that meets or exceeds the intent of the required buffer. In no case shall the width be reduced to less than ten(10)percent of the depth of the lot, except in the Old Town district. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the applicable zoning district. Section 11. That Unified Development Code section 11-3C-5(A) be amended as follows: A. Use and design ofparking areas. I. Type and number ofparking spaces. All parking areas shall be designed and constructed to provide the type and number of off-street parking spaces required by section I I-3C-6 of this article, and designed as required by this section. 2. Location ofparking spaces relative to structure(s). a. Parking spaces for nonresidential uses shall be located not more than five hundred (500) feet ftom structure(s), except as provided by section I I-3C-7 of this article. b. For any vertically integrated residential project, not more than ten(10)percent of the required parking shall be located in the front of the structure. 3. Landscape buffer. Off street parking spaces shall not be located in any landscape buffer as required by Article B, "Landscaping Requirements", of this Chapter. 4. Parking lot design. Parking lots shall be designed in accord with Section I 1-313-8, "Parking Lot Landscaping", of this chapter. 5. Parking stall and driving aisle design. Parking stalls and driving aisles shall be designed in accord with the standards in table 11-3 C-5 of this section. Figure I of this section shows the parking design dimensions. 6. Designfor standard vehicles. All required parking as determined in Section 11-3C-6 of this Article shall be designed for standard and/or oversized vehicles. Compact stalls are discouraged,but may be used for any parking above the number of required parking spaces. 7. On-site turnarounds; connections. All parking areas shall provide on-site turnarounds, or connections through to adjacent parking areas or streets, in accord with the Meridian Fire Department Standards for all off street parking spaces and loading facilities. 8. Moving of cars. The design of off-street parking areas shall not require moving any car to gain access to a required parking space. 9. ADA requirements. It is the responsibility of the applicant to ensure that the parking lot design and sidewalk and/or access provisions meet all Americans with Disabilities Act (ADA) requirements. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 33 OF 46 Section 12. That Unified Development Code section 11-3C-6, Table I I-3C-6, be amended as follows: TABLE 11-3C-6 REQUIRED PARKING SPACES FOR RESIDENTIAL USE Use And Form Number Of Required Parking Spaces Bedrooms (Per Unit) Dwelling, duplex and dwelling, 1/2 2 per dwelling unit; at least I in an enclosed single-family(detached, attached, garage, other space may be enclosed or a minimum townhouse) 10-foot by 20-foot parking pad 2 3/4 4 per dwelling unit; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 1 0-foot by 20-foot parking pad 2 5+ 6 per dwelling unit; at least 3 in an enclosed garage, other spaces may be enclosed or a minimum I 0-foot by 20-foot parking pad 2 Studio I per dwelling unit Dwelling, multifamily 3_45 (triplex, 1 1.5 per dwelling unit; at least I in a covered fourplex, apartments, etc.) carport or garage 24 2 per dwelling unit; at least I in a covered carport or garage 3 3 per dwelling unit; nt least I in a covered calport 2Lgjra e 4+ 3 per dwelling unit; at least 2 in a covered carport or garage Guest spaces I per 10 dwelling units Dwelling, secondary I As set forth above for single-family dwellings as determined by the total number of bedrooms on the property Nursing and residential care facility 1 0.5 per bed Vertically integrated residential 4 Studio/I I per dwelling unit 2/3 4- 1.5 per dwelling unit 4+ 4-2 per dwelling unit Notes: 1 The size of the garage or carport required for dwelling units shall be measured by exterior dimensions and shall be at least ten (10) feet by twenty(20) feet for a one-space garage or carport and 20 feet by 20 feet for a two-space garage or carport. 2 The parking pad shall be measured from edge of sidewalk or edge of paved travel lane (public street, private street, or alley)where no sidewalk exists. For alley accessed properties the parking pad is not required in front of the garage if the garage is located at the five-foot setback to the rear property line; the required parking pad must be provided along the side of the garage unless equivalent off-street parking, as determined by the Director, is provided in accord with Section I I-3C-5, Table I I-3C-5 of this Article. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2022-0001 PAGE 34 OF 46 3 For condominium projects, the required number of parking spaces shall be determined by the Director based on the proposed development. If the proposed development is similar to a single-family development, such standards shall apply. If the proposed development is similar to a multifamily apartment complex, such standards shall apply. 4 The required number of parking spaces for the residential portion of a vertically integrated project shall be in addition to that required for nonresidential uses as listed in subsection B of this section. ' The required number of parking spaces associated with a nonresidential structure gpproved as an ameni1y for a multi-family development(i.e., clubhouse, fitness center, etc.) shall be exeMpt from the parking standards required for nonresidential uses as listed in subsection B. Section 13. That Unified Development Code section I 1-317-2 be amended as follows: I I-3F-2. —Applicability. The provisions of this article shall apply to any properties that are located in a residential district.de iiet have f+ea4age eo a publie st+eet er-where frontage is Hot r-equir-ed. Section 14. That Unified Development Code section 11-3F-4(A)be amended as follows: A. Design standards. 1. Easement. The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all properties served by such private street. In instances where the subject property is being subdivided, the preference is that the private street be a lot within such subdivision. 2. Connection point. The private street shall connect to a local or collector street. The private street shall not connect to an arterial street. Where the point of connection of the private street is to a public street, the private street connection shall be approved by the transportation authority. 3. Emergency vehicle. The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates. Gates or other obstacles shall be allowed subject to the following standards: a. The proposed development shall be for residential uses. b. The proposed development shall have no more than fifty(5 0) one hundred(100) dwelling units. A greater number of dwelling units may be gpproved with a planned unit development. Onegated epla shall be provided for every fifty(50) dwelling units. c. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian Pathways Master Plan. e. The applicant shall provide access to the gate for emergency vehicles as determined and approved by the Meridian Fire Department and Public Works Department. f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty (50) feet back from the ultimate edge of right-of-way to the connecting public street. 5. Culs-de-sac. No private street that ends in a cul-de-sac or a dead end shall be longer than four-hundred fifty(4 5 0)five hundred(500) feet. 6. Common driveways. No common driveways shall be allowed off of a private street. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 3 5 OF 46 7. Street network. The overall street network within the surrounding area shall allow for properties to connect at regular intervals in order to promote connected neighborhoods and traffic flow within the mile section. Section 15. That Unified Development Code section I I-3G-4, Table I I-3G-4, be amended as follows: TABLE 11-3G-4 SITE AMENITIES AND POINT VALUE Site Amenity Point Value Quality of Life Amenities Business center 2 Clubhouse 5,000 sf or greater in size 6 Clubhouse less than 5,000 sf or open air ramadas 3 Semi-enclosed clubhouse 3 Fitness facilities 5,000 sf or greater in size 4 Fitness facilities less than 5,000 sf 2 Locker rooms in association with clubhouse or fitness facility 2 Public art 1 Fountain 2 Picnic area on a site 5,000 sf or greater in size 2 Picnic area on a site less than 5,000 sf 1 Fitness course 2 Open space commons 3 Open space commons shelter 2 SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 36 OF 46 Communication infrastructure with fiber optic cable 2 Dog Park 2 Dog waste station 0.5 Commercial outdoor kitchen 2 Outdoor fire ring 1 Recreation Activity Area Amenities Swimming pool 4 Swimming pool changing facilities and restrooms 6 Interactive splash pads, fountains or water features 4 Tot Lot 1 Playground 3 Sports courts, paved 4 Sports courts, unpaved 2 Sports fields 5 Pedestrian or Bicycle Circulation System Amenities When aligned with a waterway 1 per% mile When aligned with a linear open space 1 per Xmile Multi-use pathways 2 per Xmile Multi-Modal Amenities Bicycle storage 2 SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE370F46 Bicycle storage adjacent to transit stop or park and ride lot 3 Bicycle repair station I Charging stations for electric vehicles installed with a 2 business center, clubhouse or fitness facilit Sheltered transit stop 2 Park and Ride Lot with a minimum of 20 spaces 5 Section 16. That Unified Development Code section 11-3G-5(B) be amended as follows: B.Improvements and landscaping. LCommon open space shall be suitably improved for its intended use, except that natural features such as wetlands, rock outcroppings, natural waterways and riparian areas, open ditches, and laterals may be left unimproved. 2. Common open space shall comply with the applicable landscaping requirements set forth in Article 11-313, Landscaping Requirements, of this Title. 3. At a minimum, common open space areas shall include one deciduous shade tree for evely five thousand(5,000) square feet of area and include a variety of trees, shrubs, lawn, or other vegetative ground cover. Section 17. That Unified Development Code section 11-4-3-10 be amended as follows: 11-4-3-10. —Drinking Establishment. A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. B. The drinking establishment shall not be located within three hundred(300) feet of a property used for a church or any other place of worship, or any public or private education institution, nor shall the drinking establishment be located within one thousand(1,000) feet of an adult entertainment establishment; provided, that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area but subsequent to licensing came therein; the expansion of an existing establishment may be allowed with the approval of a conditional use permit as set forth in section I 1-5B-6 of this title. C. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with chapter 3, article E, "temporary use requirements", of this title. D. At a minimum, one (1)parking space shall be provided for every two hundred fifty (250) square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that colnplies with the requirements of this title. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE380F46 Section 18. That Unified Development Code section 11-4-3-12 be amended as follows: 11-4-3-12. —Dwelling, Secondary. A. Permitted. One (1) secondary dwelling unit is permitted on the same property in conjunction with and clearly subordinate to a single-family dwelling. B. Owner occu ancy. To create and maintain a secondary dwelling unit, the property owner shall reside on the property for more than six (6) months in any twelve (12)month period. The applicant for a secondary dwelling unit shall demonstrate that either the single-family dwelling or the secondary unit is occupied by the owner of the property. Owner occupancy is demonstrated by title records, vehicle registration, voter registration or other similar means. Secondary dwelling units shall not be subdivided or otherwise segregated in ownership from the single-family dwelling unit. C. Maximum size. Secondary dwelling units shall be limited to a maximum of seve hundr-ed (7 nine hundred(900) square feet or no more than fifty(50)percent of the primary dwelling, whichever is less, an one (1)two (2)bedrooms in size constructed in accord with the adopted residential building code. D.Location. The secondary dwelling unit may be located within or attached to the primary dwelling; a detached structure; or above or beside a detached structure, such as a garage. Detached secondary dwelling units shall be located to the side or rear of a primary dwelling. No poi4ion of the seeendary dwelling unit shall be loeated in front 0 the primary dwelling tmic E. Parking. Required parking for the property shall be as set forth in section 11-3 C-6, table 11-3 C-6 of this title for single-family dwellings, as determined by the total number of bedrooms on the property. The conversion of a covered parking area(garage/carport) into a secondary dwelling unit is not allowed unless the required parking can be provided elsewhere on site. F. Entrance. Only one (1) entrance door of either the single-family dwelling or the secondary dwelling unit shall be located facing any one street. G.Design. The secondary unit shall be consistent in design with the single-family dwelling, including roof pitch, siding, color, materials, and window treatments. H.Prohibitions. Manufactured and mobile homes, and recreation vehicles shall be prohibited for use as a secondary dwelling unit. I.Number of occupants. The total number of occupants in both the single-family dwelling and the secondary dwelling shall not exceed the maximum number established for a "family", as defined in chapter 1, article A, "definitions", of this title. Section 19. That Unified Development Code section 11-4-3-16 be amended as follows: 11-4-3-16. —Entertainment establishment, adult. A. Separations. In recognition of Idaho Code, the following distance separations shall be required. 1. No adult entertainment establishment shall be allowed within one thousand(1,000) feet of the following: a. An existing adult entertainment establishment; b. A church or place of religious worship; c. Any youth organization, school, or school bus stop; and d. Any residential district boundary. 2. The applicant shall provide evidence certified by a professional land surveyor licensed in the State of Idaho that the proposed adult entertainment establishment conforms to the separation requirements of this subsection. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 39 OF 46 B. Signs. I.All adult entertainment establishments shall comply with the regulations of chapter 3, article D of this title. Further, signs for adult entertainment establishments shall not contain any emphasis, either by movement,picture, or otherwise, on matter relating to adult entertainment as herein defined. 2.Any business providing adult entertainment or adult material shall have in place at each entrance to such business a legible door "sign" (as defined herein) stating "Persons under 18 years of age not permitted". The sign shall be no less than one-half(0.5) square foot and no greater than one (1) square foot in area. Such sign shall not require administrative approval in accord with chapter 3, article D, "sign requirements", of this title. G. Lieense required. The appliean4 shall obtain and/or-maintain a lieense in aeeer-d with title 3, ehapteF 10 of this Code-. Section 20. That Unified Development Code section 11-4-3-27(C) be amended as follows: C. Common open space design requirements. 1. The total baseline land area of all qualified common open space shall equal or exceed ten (10)percent of the gross land area for multi-family developments of five (5) acres or more. When multi-family is uproved concurrently with single-family, the minimum open space requirements in 11-3 G-3 shall qpply to the gross land area of entire development. 2. All common open space shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. Open space areas that has been given priority in the development design have: (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environinental Design (CTED) standards; and (4) Support a range of leisure and play activities and uses. Irregular shaped, disconnected or isolated open spaces shall not meet this standard. b. Open space shall be accessible and well connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering and relaxation to serve the development. 3. All multi-family projects over twenty(20)units shall provide at least one (1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA, without crossing an arterial roadway, are exempt from this standard. a. Minimum size of common grassy area shall be at least five thousand(5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE40OF46 by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. b. Alternative compliance is available for the standards listed in C I and C2 above, if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas. 4. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred (500) or less square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. 5. Common open space shall be not less than four hundred (400) square feet in area, and shall have a minimum length and width dimension of twenty(20) feet 6. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. 7.Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial street&buffers unless separated from the street by a berm or constructed barrier at least four(4) feet in height, with breaks in the berm or barrier to allow for pedestrian access. 8. Buffer(s): One hundred(100) percent of the landscqpe buffer along collector streets and fifty(50)percent of the landscqpe buffer along arterial streets that meet the enhanced buffer requirements below may count towards the required baseline open space. a. Enhanced landscqping as set forth in Article I I-3B, Landscgping Requirements; b. Multi-use pathwgys; c. Enhanced amenities with social interaction characteristics; d. Enhanced context with the surroundings. Section 2 1. That Unified Development Code section 11-4-3-27(G)be added as follows: Q.Police access under exijzent circumstances. Multifamily developments with units that take access via secured common corridors shall install and maintain a keyless enLry system, or suitable alternative, to provide police access to the common corridors under exigen circumstances. The keyless enLry system or alternative shall be subject to review and gpproval by the Meridian Police Department. Section 22. That Unified Development Code section I I-4-3-34(H)be amended as follows: H. The facility shall have a second means of access for emergency purposes as determined by the Fire Marshal. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 41OF46 Section 23. That Unified Development Code section 11-4-3-41 be amended as follows: 11-4-3-41. —Vertically integrated residential project. A. A vertically integrated residential project shall be a structure that contains at least two (2) stories. B. A minimum of twenty-five (25)percent of the gross floor area of a vertically integrated project shall be residential dwelling units, ineWdin outdoor patio space on the same floor as a residential unit mU count towards this requireme . C. A minimum of ten G 0)percent of the gross floor area of a vertically integrated project shall be used for nonresidential uses as specified in subsection E below. DG. The minimum building footprint for a detached vertically integrated residential project shall be two thousand four hundred(2,400) square feet. ER The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; daycare facility; drinking establishment; education institution; financial institution; healthcare or social assistance; industry, craftsman; laundromat; nursing or residential care facility; personal or professional service; public or quasi-public use; restaurant; retail; or other uses that may be considered through the conditional use permit process. F-R. None of the required parking shall be located in the front of the structure. G. A minimum of fifty(50) square feet of private, usable open space shall be provided for each residential dwelling unit. This requirement can be satisfied through porches, patio-S. decks, and/or enclosed yards. LandscMing, epLr.Lyay and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the pmose statements of this section, the Director mqy consider an alternative design proposal through the alternative colnpliance provisions as set forth in Section 11-5B-5 of this Title. Section 24. That Unified Development Code section 11-4-3-50 be added as follows: 11-4-3-50. —Live/work residential project. A. A live/work structure shall not exceed 3,000 square feet. B. The nonresidential area shall be limited to the first floor only and not exceed fifty(50) percent of the gross floor area of the structure. C. The nonresidential area shall be used by the occLipant of the dwelling. No more than five (5) eMployees shall occLapy the area at any one time. D. Parking standards shall coMply with the vertically-integrated residential projec standards. E. The allowed nonresidential uses in a live/work project include: arts, entertainment or recreational facilfty artist studio, and personal or professional service, retail; other uses may be considered through a conditional use permit. SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE420F46 Section 25. That Unified Development Code section I I-5A-2, Table I I-5A-2 be amended as follows: TABLE 11-5A-2 DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION Application Recommending Decision Process Body Making Body Accessory use for daycare, family None D N Accessory use, home occupation None D A Accessory use, home occupation including None D N provision of lessons or instruction to a group of 7 or more students Administrative design review None or Design D A Professionals Review Committee Alternative compliance None D A Alternative colnpliance (concurrent with D PZ PH conditional use permit) Annexation and/or rezone PZ cc PH Certificate of occupancy None D A Certificate of zoning compliance None D A City Council review None cc PH Comprehensive Plan amendment PZ cc PH Conditional use D PZ PH Conditional use (concurrent with PZ cc PH annexation, rezone,preliminary plat, alternative colnpliance, development agreement modification and/or combination plat) Development agreement modification D cc PH SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 43 OF 46 Director modification to an approved None D A conditional use Landscaping plans None D A Planned unit development PZ cc PH Plat, combination PZ cc PH Plat, final D cc PM Plat, final, modification D cc PM Plat, preliminary PZ cc PH Plat, short D cc PH Private street None D A Property boundary adjustment None D A Sign None D A Temporary use None D A Time extension, commission or Council D Same decision PH maker as initial approval Time extension, Director None D A Unified Development Code amendment PZ cc PH Vacations: Exempt per Idaho Code § 50-1306A(5) None D A Right of way P cc- P-M All others D cc PH Variance D cc PH SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 44 OF 46 CC = City Council A=Administrative D=Director N=Administrative with public notice PZ Planning and Zoning Commission PH Public hearing PM Public meeting Section 26. That Unified Development Code section 11-5B-3(C)be amended as follows: C. Process. 1. Annexation and/or rezone initiated by Council. The City Council shall follow the procedures for annexation as set forth in Idaho Code § 50-222. 2. Annexation and/or rezone initiated by property owner. The applicant shall complete a preapplication conference with the director prior to submittal of an application for an annexation and/or rezone. An application and fees, in accord with article A, "general provisions", of this chapter, shall be submitted to the director on forms provided by the Department. 3. Annexation and/or rezone requests are not accompanied by a conditional use permit or planned unit development, the applicant shall provide a conceptual development plan that depicts streets, site access, internal circulation patterns, connectivity to adjacent properties,parking, general location of buildings, including number of dwelling units and nonresidential building square footages, pedestrian walkways and public or private open space. Section 27. That all other provisions of the Unified Development Code remain unchanged. Section 28. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 1 st day of November, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 1 st day of November, 2022. APPROVED: ATTEST: Robert E. Simison, Mayor 11-1-2022 Chris Johnson, City Clerk 11-1-2022 SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2022-0001 PAGE 45 OF 46 CERTIFICATION OF SUMMARY . William L.M. Nary, City of the city of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L . M . Nary SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 22-2001 An Ordinance Amending Unified Development Code Section 114A4 by Adding and Amending Certain Definitions ; Amending Unified Development Code Section 11 -2A-2 , Table 11 -2A-2 , Concerning Allowed Uses in Residential Districts ; Amending Unified Development Code Section 11 - 213 -2 , Table 11 -2B-2, Concerning Allowed Uses in Commercial Districts , Amending Unified Development Code Section 11 -21)-2, Table 11 -21)-2, Concerning Allowed Uses in Traditional Neighborhood Districts ; Amending Unified Development Code Section 11 -3 -5 Concerning Pathways ; Amending Unified Development Code Section 11 -3A47(C) Concerning Sidewalks and Pathways ; Amending Unified Development Code Section 11 -3A49 (13) Concerning Structure and Site Design Standards ; Amending Unified Development Code Section 11 -3B -2(C) Concerning Applicability of Landscape Plans ; Amending Unified Development Code Section 11 -3b-5 (0) Concerning Water Conserving Design Standards and Installation; Amending Unified Development Code Section 11 -3B - 7(C) Concerning Landscape Buffers Along Streets ; Amending Unified Development Code Section 11 - 3C-5 (A) Concerning Use and Design of Parking Areas ; Amending Unified Development Code Section 11 -3C-6, Table 11 -3C- 6, Concerning Required Parking Spaces for Residential Use; Amending Unified Development Code Section 11 -317-2 Concerning the Applicability of Private Street Requirements ; Amending Unified Development Code Section 11 -3174 (A) Concerning Private Street Standards; Amending Unified Development Code Section 11 -3G4, Table 11 -3G4, Concerning Site Amenities ; Amending Unified Development Code Section 11 -3G-5 (13) Concerning Improvements and Landscaping for Common Open Space; Amending Unified Development Code Section 114-340 Concerning Drinking Establishment Specific Use Standards; Amending Unified Development Code Section 114-3 - 12 Concerning Secondary Dwelling Specific Use Standards ; Amending Unified Development Code Section 114-346 Concerning Adult Entertainment Establishment Specific Use Standards ; Amending Unified Development Code Section 114-3 -27 (C) Concerning Common Space Design Requirements For Multi-Family Developments ; Adding Unified Development Code Section 114-3 -27(G) Concerning Police Access for Multi-Family Developments; Amending Unified Development Code Section 114-3 - 34(H) Concerning Self- Service Storage Facility Specific Use Standards ; Amending Unified Development Code Section 114-341 Concerning Vertically Integrated Residential Project Specific Use Standards ; Adding Unified Development Code Section 114-3 -50 Concerning Live/Work Residential Project Specific Use Standards; Amending Unified Development Code Section 11 -5A-2, Table 11 -5A- 2, Concerning Decision Making Authority and Process by Application; Amending Unified Development Code Section 11 - 5B -3 (C) Concerning Annexations and Rezone Process ; and Providing an Effective Date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . SEPTEMBER 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA 2022-0001 PAGE 46 OF 46 C E IDIAN*,----, �V, 11Q. - 11 AGENDA ITEM ITEM TOPIC: Ordinance 22-2003: Amending Meridian City Code Section 1-1-3, Regarding Repeal of General Ordinances; Amending Meridian City Code Section 1-2-2, Regarding Application of Penalty; Amending Meridian City Code Section 1-5-1, Regarding Corporate Seal; Amending Meridian City Code Section 1-6-4(A)(3), Regarding Designated Positions in The Mayor's Office; Amending Meridian City Code Section 1-7-10, Regarding Procedure for Request for Reconsideration; Deleting from Meridian City Code Section 3-4-1 Definitions of Subdivision Model Homes and Subdivision Real Estate Sales Offices; Adding a New Provision of Meridian City Code, Section 3-4-6(F), Regarding Time Limits for Promotional Sales Units; Repealing Meridian City Code Section 3-4-9, Regarding Temporary Use Permits for Subdivision Model Homes; Meridian City Code Section 3-4-10, Regarding Temporary Use Permits for Subdivision Real Estate Sales Offices; Repealing Title 3, Chapter 10, Meridian City Code, Regarding Adult Entertainment; Repealing Meridian City Code Sections 3-11-2, 3-11-3, And 3-11-5, Regarding Mobile Home Park Permits; Repealing Meridian City Code Section 4-2-5, Regarding Interfering with City Employee Or Official's Entry onto Private or Public Property to Enforce City Code; Amending Meridian City Code Section 5-3-9(A), Regarding City Employee Authorized to Grant Exemption From IDEQ Burning Restrictions; Repealing Meridian City Code Sections 5-3-10 And 6-2-9, Severability Clauses; Amending Meridian City Code Section 6-4-1, Regarding Curfew; Repealing Meridian City Code Section 6-4-2, Regarding Minors' Possession and Smoking of Cigarettes; Amending Meridian City Code Section 7-1-6(A), Regarding Speeding in Parks and Alleys; Amending Meridian City Code Section 7-1-8(A), Regarding U-Turns; Amending Meridian City Code Section 7-1-12, Regarding Negligent Driving, Repealing Meridian City Code Section 8-1-7, Severability Clause; Amending Meridian City Code Section 8-2-12, Regarding City Council Duty to Act; Repealing Meridian City Code Section 9-1-19(E), Regarding EPA Water Testing Charge Incorporated into Rates; Repealing Meridian City Code Section 9-1-23, Regarding City Council Authority to Amend Water Regulations and Rates; Repealing Conflicting Ordinances; and Providing an Effective Date CITY OF MERIDIAN ORDINANCE NO. 22-2003 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN,PERREAULT,STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 1-1-3,REGARDING REPEAL OF GENERAL ORDINANCES; AMENDING MERIDIAN CITY CODE SECTION 1-2-2,REGARDING APPLICATION OF PENALTY;AMENDING MERIDIAN CITY CODE SECTION 1-5-1, REGARDING CORPORATE SEAL; AMENDING MERIDIAN CITY CODE SECTION 1-6-4(A)(3), REGARDING DESIGNATED POSITIONS IN THE MAYOR'S OFFICE; AMENDING MERIDIAN CITY CODE SECTION 1-7-10, REGARDING PROCEDURE FOR REQUEST FOR RECONSIDERATION; DELETING FROM MERIDIAN CITY CODE SECTION 3-4-1 DEFINITIONS OF SUBDIVISION MODEL HOMES AND SUBDIVISION REAL ESTATE SALES OFFICES;ADDING A NEW PROVISION OF MERIDIAN CITY CODE, SECTION 3-4-6(F),REGARDING TIME LIMITS FOR PROMOTIONAL SALES UNITS; REPEALING MERIDIAN CITY CODE SECTION 3-4-9, REGARDING TEMPORARY USE PERMITS FOR SUBDIVISION MODEL HOMES; MERIDIAN CITY CODE SECTION 3-4-10, REGARDING TEMPORARY USE PERMITS FOR SUBDIVISION REAL ESTATE SALES OFFICES; REPEALING TITLE 3, CHAPTER 10,, MERIDIAN CITY CODE, REGARDING ADULT ENTERTAINMENT; REPEALING MERIDIAN CITY CODE SECTIONS 3-11-2, 3-11-3, AND 3-11-5,, REGARDING MOBILE HOME PARK PERMITS;REPEALING MERIDIAN CITY CODE SECTION 4-2-5,REGARDING INTERFERING WITH CITY EMPLOYEE OR OFFICIAL'S ENTRY ONTO PRIVATE OR PUBLIC PROPERTY TO ENFORCE CITY CODE; AMENDING MERIDIAN CITY CODE SECTION 5-3-9(A), REGARDING CITY EMPLOYEE AUTHORIZED TO GRANT EXEMPTION FROM IDEQ BURNING RESTRICTIONS; REPEALING MERIDIAN CITY CODE SECTIONS 5-3-10 AND 6-2-9, SEVERABILITY CLAUSES; AMENDING MERIDIAN CITY CODE SECTION 6-4-1, REGARDING CURFEW; REPEALING MERIDIAN CITY CODE SECTION 6-4-2. REGARDING MINORS' POSSESSION AND SMOKING OF CIGARETTES; AMENDING MERIDIAN CITY CODE SECTION 7-1-6(A), REGARDING SPEEDING IN PARKS AND ALLEYS; AMENDING MERIDIAN CITY CODE SECTION 7-1-8(A), REGARDING U-TURNS; AMENDING MERIDIAN CITY CODE SECTION 7-1-12, REGARDING NEGLIGENT DRIVING; REPEALING MERIDIAN CITY CODE SECTION 8-1-7, SEVERABILITY CLAUSE; AMENDING MERIDIAN CITY CODE SECTION 8-2-12, REGARDING CITY COUNCIL DUTY TO ACT; REPEALING MERIDIAN CITY CODE SECTION 9-1-19(E), REGARDING EPA WATER TESTING CHARGE INCORPORATED INTO RATES; REPEALING MERIDIAN CITY CODE SECTION 9-1-23,REGARDING CITY COUNCIL AUTHORITY TO AMEND WATER REGULATIONS AND RATES; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Meridian's 2021-2025 Strategic Plan includes the goal of updating ordinances and simplifying processes in order to improve effectiveness and provide premier services to our citizen, and one of the enumerated strategies supporting this goal is to "perform a complete review of all ordinances, codes and policies in the City of Meridian to assess their value and relevance to the community"; and ORDINANCE AMENDING OR REPEALING OUTDATED PROVISIONS FROM MERIDIAN CITY CODE PAGE I WHEREAS,the follow provisions of Meridian City Code are of no current value or relevance because they are outdated, superfluous, redundant, in conflict with subsequently adopted laws, or present unnecessary complications for City operations or services provided to the community; and WHEREAS,the City Council of the City of Meridian finds that it is in the best interest of the people and City of Meridian to implement the following updates to Meridian City Code; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 1-1-3 shall be amended as follows: 1-1-3. -Repeal of general ordinances. All general ordinances of the City passed prior to the adoption of this Code are hereby repealed, except such as are included in this Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in section 1-1-5 the fallewiiig seetielis), and excluding the following ordinances which are not hereby repealed: Tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances. Section 2. That Meridian City Code section 1-2-2 shall be amended as follows: 1-2-2. - Application of pr-evisiens_p.��alt . A. Actin�,,in violation of Code. 4pplieatien e)�penaky previ-sions. 1. The penalty provided in this ehapter-shall be appheable to every seetion of this Code the same as though it were a part. of eaeh and every separate seetion. Any person convicted of a violation of any section of this Code where any duty is prescribed or obligation imposed or where any action which is of a continuing nature is forbidden or is declared to be unlawful shall be deemed guilty of a misdemeanor unless otherwise provided. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues unless otherwise specifically provided in this Code. B. -2-. Failure or omission to act as mandated by Code.—Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Code, and there shall be no fine or penalty specifically declared for such breach,the provisions of this chapter shall apply. B. One r-eee+vry,fer;9anie q*nse. In all eases where the same off-ease is made punishable or-is er-emed by differ-ei# elauses or- seetions of this Code, the pr-eseeuting offieer- may eleet under- whieh to pr-eeeed,btA not more than one (1)r-eeever-y shall be had against the same per-son fe the same offense; provided, thm the r-eveeatien of a heense er-pefmit shali not be eensider-ed a f-eeevef-y of penalty so as to bar-any other-penalty being efifer-eed. ORDINANCE AMENDING OR REPEALING OUTDATED PROVISIONS FROM MERIDIAN CITY CODE PAGE 2 Section 3. That Meridian City Code section 1-5-1(C) shall be amended as follows: 1-5-1. - Corporate seal. C. City Clerk custodian of seal. The City Clerk shall be the custodian of the corporate seal of the city and shall affix said seal's imprint upon all offieial doeuments, r-eeofds-, ordinances, resolutions, proclamations, licenses, a-ad wafFan and certified copies of records. Section 4. That Meridian City Code section 1-6-4 shall be amended as follows: 1-6-4. -Designated positions in the Mayor's office. A. Designated positions in the Mayor's office. The following designated positions in the Mayor's office shall have job descriptions that are approved by Human Resources: 1. Chief of Staff-, 2. Executive Assistant to the Mayor; 3. Community Relations Speei and Policy Advisor; and 4. Programs and Events Specialist. Section 5. That Meridian City Code section 1-7-10 shall be amended as follows: 1-7-10. -Procedure for request for reconsideration. A-. Pursuant to Idaho Code section 67-6535(2)(b) (Leeal Land Use Planning Aet), the following procedure,-regarding a request for reconsideration of a City Council land use decision, the following pr-eee hir-L-must be strictly followed: 4-. A. After final appr-eval of the City Council qpproves its findings of facts, conclusions of law, decision, and order.,any the applicant or an affected person, as defined by Mahe Code-the Local Land Use Planning Act(Idaho Code sections 67-6501 et se�L., may request reconsideration of the final deeision of the City Gouneil, in accordance with the provisions of this section. -2-. B. Such request must be in writing and filed by personal service to the City Clerk within fourteen(14) days of the final approval decision. Failure to timely or personally serve the City Clerk shall be deemed a failure to request reconsideration be a valid basis for-summary denial of the r-equest withetA eensider-ation by City Cou . The party filing the request for reconsideration shall provide a copy of the request to the City Community Development Department and the City Attorney's Office. 3-. C. The request must identify specific deficiencies in the deeisieff matter for which reconsideration is sought. 4-. D. If the request is timely and properly filed�by the applicant or an affected person, and meets the f-equir-ement of iden4ifying identifies specific deficiencies iff 'Use deeision., the City Clerk shall schedule the r-eVest to be eonsider-ed reconsideration at a regularly scheduled meeting of the City Council. ORDINANCE AMENDING OR REPEALING OUTDATED PROVISIONS FROM MERIDIAN CITY CODE PAGE 3 -5-. E. The City Clerk shall provide to the party filing the request for reconsideration, and to the applicant, notice of the date, time, and place of the meeting at which City Council will consider the request. 6-. F. In considering the request for reconsideration, City Council shall take He not receive or consider new evidence or testimony, but shall confine its decision to the record as it r-elates t wr-44en r-eqae4 sLipporting the final decision. G. Following eensideration of the reqt+ reconsideration, the Council may shall affirm, reverse, or modify its decision, or Gotmeil may direct a new public hearing on the deeisio matter. 1. If Cijy Council reverses or modifies its decision, Council shall enter new findings 0 facts, conclusions of law, decision, and order regarding the reversed or modified decision. In this event, exhaustion of administrative remedies for the pu!Pose of judicial review shall include City Council's reconsideration of the new, final decision. 2. If City Council holds a new public hearing on the matter, Council shall enter new findings of facts, conclusions of law, decision, and order following such hearing. In this event, exhaustion of administrative remedies for the purpose of judicial review shall include seeking City Council's reconsideration of the new, final decision. 7-. H. Within sixty(60) days of the City Clerk's receipt of the request for reconsideration, the City Attorney shall prepare, and the City Clerk shall provide to the party requesting reconsideration, a written decision on the request for reconsideration. Section 6. That the following definitions shall be deleted from Meridian City Code section 3-4-1: Subdivision model home means a dwelling which serves as an exhibit or example of dwellings constructed or to be constructed within the subdivision in which such model home is located. Where a dwelling is both a subdivision model home and a subdivision real estate sales office, this definition shall apply. Subdivision real estate sales office means a structure from which lots and/or dwellings are sold, rented, or offered for sale or rent, where such structure is located in the subdivision containing such real estate. Where a structure is both a subdivision model home and a subdivision real estate sales office, the definition of"subdivision model home" shall apply. Section 7. That enumerated provisions of Meridian City Code section 3-4-6 shall be amended as follows: 3-4-6. - Temporary uses—Standards for promotional sales units. F. Time period. Promotional sales units shall be limited to a period of time not to exceed one hundred sixty(160) dqys, whether such dgys are consecutive or not, per property, per calendar year. The location of a promotional sales unit on a site for any portion of a dgy, whether or not the permanent proprietor is open for business, shall constitute one (1) dqy for pulposes of this subsection. ORDINANCE AMENDING OR REPEALING OUTDATED PROVISIONS FROM MERIDIAN CITY CODE PAGE 4 F--Q. Penalty. A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. &. 1LEnforcement. Peace officers and/or Code Enforcement Officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. Section 8. That Meridian City Code section 3-4-9 shall be repealed. Section 9. That Meridian City Code section 3-4-10 shall be repealed. Section 10. That Title 3, Chapter 10, Meridian City Code shall be repealed. Section 11. That Meridian City Code sections 3-11-2, 3-11-3, and 3-11-5 shall be repealed. Section 12. That Meridian City Code section 4-2-5 shall be repealed. Section 13. That Meridian City Code section 5-3-9 shall be amended as follows: A. Grant by City Clerk. The City Clerk shall grant exemptions from this chapter if it is determined by the City Gle Fire Chief or Designee hat: 1. A solid fuel heating appliance is the sole source of heat for the structure in which it is situated; or 2. Using alternative heating would cause an unreasonable economic hardship. B. Denial of exemption; hearing. Any person denied an exemption under this chapter shall be provided, at the option of the applicant for the exemption, a hearing before the Mayor and City Council. C. Noneligibilityfor exemption. Any building constructed after the effective date hereof shall not be eligible for an exemption from this chapter. Section 14. That Meridian City Code section 5-3-10 shall be repealed. Section 15. That Meridian City Code section 6-2-9 shall be repealed. Section 16. That Meridian City Code section 6-4-1 shall be amended as follows: ORDINANCE AMENDING OR REPEALING OUTDATED PROVISIONS FROM MERIDIAN CITY CODE PAGE 5 6-4-1. - Curfew. A. Age and hour restrictions. It shall be unlawful for any person under the age of eighteen (18) years to be or to remain, and it shall be unlawful for any parent, guardian, or other person having the care and custody of any person under the age of eighteen(18)years to permit such person to be or to remain, in or upon any street, alley,public ground,public place or any place open to the public or exposed to public use within the corporate limits of the city between the hours of 12:00 midnight and 5:00 a.m. B. Exceptions. The provisions of subsection (A) of this section shall not apply to any person who is accompanied by his or her parents, guardian, or other adult person having the care and custody of him or her, nor to any person who is in the performance of any errand or duty directed by his or her parents, guardian, or other adult person having the care and custody of him or her, nor to any person who is actually at the time engaged in legitimate employment for profit, nor to any person who is engaged in activily protected by the First Amendment of the United States Constitution. G. (-,Wdetwg�e viela r deemedjuvende delinquent. Any per-son tmder- the age of eighteen (18) years violating this seetion shall be deemed a juvenile delinquent under-the laws ef the State of 1dahe. D. Penaltyfer1gar-enter gHar&an. Affy par-eat, guafdian, or- other-a"It per-son having the e and eustedy of any per-son under the age of eighteen(19)yeat!s who shall vielate the pr-ovisions of this seetion,upon eonvietion thereof-, shall be subjeet to penalty as pfevided in seetion 1 2 1 ef this Code-. C. Penafty. Penalties for a violation of this section shall be as set forth in Idaho Code section 20- 549. Section 17. That Meridian City Code section 6-4-2 shall be repealed. Section 18. That Meridian City Code section 7-1-6(A) shall be amended as follows: A. Parks and agey,-iL-Alleys. In any publie park, or-in any alley, fifteen (15) miles per hour. The teFm "alley" shall meA ublie way pro dary aeeess at the baek or- side of a pr-epei4y for-vehiele or-pedestfian 4affie. Section 19. That Meridian City Code section 7-1-8 shall be amended as follows: 7-1-8. - U-turns. A. Restrictions. I. No U-turn or turn reversing the direction of travel shall be made. a. At any inter-seefien in w-hieh "No U Tum" signs afe ereeted-,-er b. In a designated "no passing" zone; e a.c—. Within a "school zone" as defined by this Code; or b.d.- At any place other than at an intersection,unless there be sufficient space to make such turn without backing or impeding traffic,and of not less than five hundred(500) ORDINANCE AMENDING OR REPEALING OUTDATED PROVISIONS FROM MERIDIAN CITY CODE PAGE 6 feet of roadway with a clear and unobstructed view by drivers from either direction, a proper signal is made, and said turn can be performed safely. c. In a manner which iMpedes traffic. 2. For the purposes of this section "safely" shall mean that the party making the U-turn or turn reversing the direction of travel shall be responsible to establish that this maneuver can be made with due care to drivers and pedestrians at, adjacent to, or upon the roadway and with due care in regards to the current conditions of the roadway and driving conditions. 14 shall be�mlawful to impede traffie with this dr-i�ving manetwef. Section 20. That Meridian City Code section 7-1-12 shall be amended as follows: 7-1-12. - Negligent driving. It shall be unlawful for any person to operate a motor vehicle in a negligent manner ever an along the high-wa-ys, streets or-alleys of this eity. For-the purpose of this seetion, to "operate in a negligent manfler-2 shall be eanstpaed te mean the aper-atien ef a meter-vehiele in the following mannef. A. The my fneter-vehiele speed eentest or-exhibition of speed; anWer- B. Exee onable, rapid aeeeler-ation of a meter-vehiele; an&of G. The opefation of a motor-veh where the operator has less than full control of the speed and direction of movement of the vehicle. The collision by a vehicle with any stationary object shall be prima facie evidence of a violation of this section. Section 21. That Meridian City Code section 8-1-7 shall be repealed. Section 22. That Meridian City Code section 8-2-12 shall be amended as follows: 8-2-12. -Validity. City Council duties. A. V-alidio, of reniaining1gertions. Should any seetion, subseetion, pafagr-aph, sentenee, elattse or-phfase of this ehapter-, or-any par-tieular-appheation thereof-,be deelar-ed uneenstitutional e invalid for-any reason by a eetH4 of eempetent jur-isdietion, sueh deeision shall not affeet the validity of the r-emainin— of this ehapte-F-. B. F-ailuie of Goinmis-s-ion to a If in an instance the commission fails to act or carry out its responsibilities according to the regulations contained herein,the Council shall assume all the duties of the commission as herein specified in relation to the application concerned. Section 23. That Meridian City Code section 9-1-19(E) shall be repealed. Section 24. That Meridian City Code section 9-1-23 shall be repealed. Section 25. That all City of Meridian ordinances, or parts thereof, that are in conflict with this ordinance are hereby repealed. ORDINANCE AMENDING OR REPEALING OUTDATED PROVISIONS FROM MERIDIAN CITY CODE PAGE 7 Section 26. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this I st day of November, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 1 st day of November, 2022. APPROVED: ATTEST: Robert E. Simison, Mayor 11-1-2022 Chris Johnson, City Clerk 11-1-2022 ORDINANCE AMENDING OR REPEALING OUTDATED PROVISIONS FROM MERIDIAN CITY CODE PAGE 8 CERTIFICATION OF SUMMARY. William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public William L. M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 22 -2003 An Ordinance amending Meridian City Code section 1 - 1 -3 , regarding repeal of general ordinances ; amending Meridian City Code section 1 -2-2, regarding application of penalty; amending Meridian City Code section 1 -5- 1 , regarding corporate seal; amending Meridian City Code section 1 -64(a)(3) , regarding designated positions in the mayor ' s office; amending Meridian City Code section 1 -740, regarding procedure for request for reconsideration; deleting from Meridian City Code section 3 -4- 1 definitions of Subdivision Model Homes and Subdivision Real Estate Sales Offices; adding a new provision of Meridian City Code, section 34-6 (F), regarding time limits for promotional sales units; repealing Meridian City Code section 34-9 , regarding Temporary Use Permits for Subdivision Model Homes; Meridian City Code section 3440, regarding Temporary Use Permits for Subdivision Real Estate Sales Offices ; repealing Title 3 , Chapter 10, Meridian City Code, regarding adult entertainment; repealing Meridian City Code sections 3 - 11 -2, 3 - 11 -3 , and 3 - 11 -5 , regarding mobile home park permits ; repealing Meridian City Code section 4-2-5 , regarding interfering with city employee or official ' s entry onto private or public property to enforce city code ; amending Meridian City Code section 5 -3 -9(a) , regarding city employee authorized to grant exemption from IDEQ burning restrictions; repealing Meridian City Code sections 5 -340 and 6-2-9 , severability clauses ; amending Meridian City Code section 64- 1 , regarding curfew; repealing Meridian City Code section 64-2, regarding minors ' possession and smoking of cigarettes ; amending Meridian City Code section 7- 1 - 6(a), regarding speeding in parks and alleys ; amending Meridian City Code section 744 (a), regarding U-turns ; amending Meridian City Code section 7442, regarding negligent driving; repealing Meridian City Code section 8 - 1 -7, severability clause; amending Meridian City Code section 8-242 , regarding City Council duty to act; repealing Meridian City Code section 9- 1 - 19(E), regarding EPA water testing charge incorporated into rates; repealing Meridian City Code section 9- 1 -23 , regarding City Council authority to amend water regulations and rates ; repealing conflicting ordinances; and providing an effective date . The full text of this ordinance is available at Meridian City Hall, City Clerk' s Office, 33 E. Broadway Avenue, Meridian, Idaho . I ORDINANCE AMENDING OR REPEALING OUTDATED PROVISIONS FROM MERIDIAN CITY CODE PAGE 9