HomeMy WebLinkAbout2018-08-21Meridian City Council August 21, 2018.
A Meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday,
August 21, 2018, by Mayor Tammy de Weerd.
Members Present: Tammy De Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty
Palmer, Anne Little Roberts and Treg Bernt..
Also present: C.Jay Coles, Bill Nary, Caleb Hood, Sonya Allen, Warren Stewart, Jeff
Lavey, Tracy Basterrechea, Mark Niemeyer, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Treg Bernt
__X___Genesis Milam __X___Lucas Cavener
__X_ Mayor Tammy de Weerd
De Weerd: We apologize for the late start. We love seeing a full house and certainly
we love to see the men and women and blue. Thank you all for joining us. For the
record it is Tuesday, August 21. It's 13 minutes after 6:00. We will start with roll call
attendance, Mr. Cl erk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Justin McMurdie with Park View Christian
Church
De Weerd: Our community invocation, tonight we will be led by Justin McMurdie. Is --
thank you for joining us. A new face. We appreciate you joining us. If you will all join
us in the community invocation or take this as an opportunity for a moment of reflection.
McMurdie: Father God, thank you for this gathered assembly here tonight. I just pray
that you would be with everyone here. I know that not everyone in this chamber
worships the same idea of you or even believes in you, but I pray, because I do believe
you are real, that you would guide over these proceedings, that you would give wisdom,
that you would give peace and that you would help everyone to be able to share their
opinion in a way that honors one another and that gets the most business done. I thank
you that the City of Meridian allows a place for faith in its meetings and I just pray that
you would bless these proceedings here tonight. In your name I pray, Jesus. Amen.
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De Weerd: Justin, can I offer you a City of Meridian pin for leading us?
McMurdie: Sure.
Item 4: Adoption of Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: We have one item when we get to Item 9-H, that will be requested to be
continued when we get there, but there are no changes to the agenda, so I would move
that we approve the agenda as published.
Cavener: Second.
De Weerd: I have a motion and a second to approve the agenda as amended. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Mr. Clerk.
Coles: Thank you, Madam Chair. For Item 5 there are two signups. One Denise
LaFever, discussion topic is process. The second, Adam Hegstrom, signed up wanting
to discuss -- it says Waltman Lane, but I believe that it falls later in the agenda under
Item 9-G, the Tanner Creek project. But Denise LaFever did sign up wanting to talk
about process.
De Weerd: Okay. Thank you. Denise. Good evening. If you, please, state your name
and address for the record.
LaFever: Denise LaFever. On -- it is 6706 North Silvia Way, Meridian, Idaho. 83646.
De Weerd: Thank you.
LaFever: Good evening, Mayor Tammy and Council Members. I am before you
because I would like to ask for a request for some consideration for change in the
neighborhood process. One is I would like to see if we could have signs posted on the
property advertising the neighborhood meetings coming up. If that's not feasible, then,
if we could have mandatory NextDoor postings. I would like to see if the city would
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August 21, 2018
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entertain putting pre-application material out available for the public, such as project
narratives, drawings, plans and other documents. I would like to see if we could change
the notice requirement from 300 to 1,000 feet. Okay? Then the other one that I have a
request -- this is a request. I would like to see if we can make some -- request changes
concerning the new Comprehensive Plan. I realized Meridian has an excess budget of
millions of dollars and this process right here is budgeted at a quarter of a million
dollars, which doesn't sound like a lot, but to the people of -- and the citizens of the area
that -- that could make a big difference in somebody's life and with that in the spirit that -
- you know, that can make a huge difference and pay somebody's house off or college
off, you know, getting themselves out of debt, it's a -- it's a big deal. So, with the spirit of
that I would like to ask the Council and the Mayor to consider suspending all
comprehensive text changes and address them in the new plan. Suspend all UDC
changes and address them in the new plan. Consider rolling back the comprehensive
land map changes that propose from six months to every application. If that's not
acceptable, go back and consider once a quarter and bring them all at one time, so they
can be evaluated all in one space. I would like to say a big huge thank you. The staff is
taking the time to take this out to the public and it is a huge plus. In addition on the P&Z
and the City Council meetings some ideas for changes. I'm not going to go over all of
them. The big ones are I would like to have it changed -- expand the notice from 300 to
1,000 feet and revisit the three minute testimony and suggest five to seven minutes and
do possible multiple notices for NextDoor. And I would like to leave on a very positive
note. I'm very excited about some of the changes that I'm seeing and I commend
Mayor for taking that initiative with P&Z and the development community. I really like to
-- like the NextDoor notices, the live streams, the interactive FLUM map. The
interactive zoning map. I'm excited about seeing a future offsite testimony. And, last
but not least, I really like the changes that are being made in the staff report. So, I will
leave that with a good job. Thank you.
De Weerd: Thank you. You have provided a lot of thought and we will -- we will see
that in the minutes and see how we can bring that back to have discussions in front of
this Council. Thank you for your time.
LaFever: Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Do you have a copy of that list? Denice.
De Weerd: Denise. Do you have a copy of your list?
Borton: We are just -- if you could send one -- an extra one, just so we have got one
copy and we will circulate it.
De Weerd: That's all right.
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Borton: Okay. Thank you.
De Weerd: Okay. Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I know we have a full agenda, but on this, this is I think the exact reason why
Council has this as an opportunity for the public to come, present ideas. From a
process standpoint, Madam Mayor, how -- how will we, then, take this feedback and
what will be the response and how will that be communicated both to the member of the
public that has presented, as well as us as Council?
De Weerd: That's a very good question that we will talk about on -- on Friday during our
agenda setting meeting once Mr. Clerk can get us a transcribed list and break that down
into different topics and see how we can thread them into our upcoming Council
meetings and we will follow up with Denise on that.
Item 6: Consent Agenda [Action Item]
A. Approve Minutes of July 12, 2018 City Council Budget
Workshop
B. Approve Minutes of August 14, 2018 City Council Workshop
Meeting
C. Rapid Creek Subdivision No. 1 Water & Sewer Easement
D. Twelve Oaks Sanitary Sewer and Water Main Easement
E. Purchase Agreement for Fabrication and Installation of Vinyl
Traffic Box Wraps with Signs Etc.
F. Professional Services Agreements for Artwork for Traffic Box
Community Art Project Laura Yager Jamie McGehee, for Callie
McGehee Emilee Brugger
G. Agreement between Nampa Meridian Irrigation District and
City of Meridian for Pedestrian Pathway at Verado Subdivision No.
2
H. Development Agreement for Lost Rapids (GFI-
Meridian Investments II, LLC Site)(H-2018-0004) located at the
Southwest corner of US 20-26/W. Chinden Blvd. and N. Ten
Mile Rd., in the NE 1/4 of Section 27, Township 4N., Range 1W.
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(Parcel No.'s: S0427110011, S0427110023, S0427141803,
S0427120611, S0427120916)
I. Development Agreement for Compass Charter School (H-2018-
0048) with Bouma, USA, Sunshine Landscape, Inc., Gem State
Home Buyers, LLC/A Star Properties, LLC and Rene A. Shoop
located near the northeast corner of W. Franklin Road and N.
Black Cat Road, in the SW ¼ of Section 10, Township 3 North,
Range 1 West
J. Development Agreement for Compass Charter School (H-2018-
0048) with Sunshine Landscape, Inc. Portion located near the
northeast corner of W. Franklin Road and N. Black Cat Road, in
the SW ¼ of Section 10, Township 3 North, Range 1 West.
K. Development Agreement for Sodalicious (H-2018-0046) with
10th & Fairview, LLC located at 1035 E Fairview Avenue, in the
northeast 1/4 of Section 7, Township 3 North, Range 1 East.
(Parcel #S1107120677)
L. Resolution No. 18-2093: Updating Records Retention Schedule
M. Resolution No.18-2096: A Resolution for the Re-Appointment
of Victoriah Madrigal as a Youth Commissioner to the Meridian
Solid Waste Commission.
N. Resolution No. 18-2097: A Resolution for the Re-Appointment
of Randy-B Funk as a Youth Commissioner to the Meridian Arts
Commission.
O. Resolution No. 18-2098: A Resolution Of The Mayor And City
Council Of The City Of Meridian To Amend The Future Land
Use Map Of The 2002 Comprehensive Plan For 25.05 Acres Known
As Compass Charter School Generally Located At The
Northwest Corner Of W. Franklin Road And N. Black Cate
Road, In The Sw ¼ Of Section 10, Township 3 North, Range 1
West, Meridian, Idaho; And Providing An Effective Date.
P. Approval of Task Order 10926.a for Professional Services for
“Electrical Plans Examining Services” to KELLER
ASSOCIATES, INC., for the Not-To -Exceed amount of
$500,000.00.
Q. AP Invoices for Payment 8/22/18 - $1,602,722.16
De Weerd: Okay. Item 6, the Consent Agenda.
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August 21, 2018
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Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: There were no changes to the Consent Agenda as published, so I would move
that we approve it, for the Mayor to sign and the Clerk to attest.
Cavener: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, Mr. Cl erk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved From The Consent Agenda [Action Item]
De Weerd: Item 7, we have no items moved from the Consent Agenda.
Item 8: Community Items/Presentations
A. Swearing in 6 New Police Officers, Code Enforcement
Supervisor, Evidence Technician
De Weerd: Item 8 is exciting times and so I'm going to turn this over to first our chief in
the police area and asked him to introduce this next area.
Lavey: Madam Mayor, Council, thanks -- thanks for the time today. This is my 21st
year working for the city and -- and I know that looking at the agenda later on we have
the public hearing for the budget and -- and those past 21 years I have only seen one or
two people in the audience and so we want to do our part to fill the auditorium today and
it looks like we picked a great night. So, don't be disappointed, though, when we get
done talking if half the room clears out, so --
De Weerd: Well, maybe they will humor us and stay for the first couple of items.
Lavey: I'm hoping so. Hoping so. So, Madam Mayor, Council, this is probably the
highlight of -- of the job responsibilities I have as chief and we are a little unique today
in that not only do we have six new officers to introduce to you in our community, we
also have two civilian employees as well. So, we are going to have all those
employees, all eight of them, come up here and stand to my left, if you could. I have to
have my back to the audience, so at least you can face the audience and, then, what
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we are going to do is I'm going to introduce each and every one of these employees to
you and, then, we are going to have a swearing in ceremony for the officers as well. We
did say they are new. They haven't learned the --
De Weerd: Well, I think they are new and they probably are a little anxious about
turning their back to the Council. Oh, no offense, Council. That didn't come out quite
the way I meant it.
Lavey: But I turn my back to the audience, so they can turn their back to Council, so --
okay. Since there is eight of you and they don't know who you are, when I say your
name you need to raise your hand, so they know who I'm talking about. So, they can
probably figure out who Megan is, but the other gentlemen they probably can't. So, let's
start with Megan. Megan actually is a new employee and she came to us from Ada
County Juvenile Probation and she was hired as our evidence tech and she started with
us in June 11th, 2018. One thing I will say about Megan is that she actually -- it took a
while to get her to come here and she was ready for the move, but she wasn't quite sure
she was ready for that step and -- and it was the great organization that we have is what
convinced her. So, we welcome her, too. So, Megan, congratulations for making the
best choice that you could. Rich, go ahead and raise your hand. Rich actually came to
us from the state of California. He actually was -- he actually was an officer down there
in California and, then, he brought his family up here to live in Idaho and he has taken
over our code enforcement supervisor position and this is probably the most difficult
position probably in our -- in our department, because not only does he have to please
the public, but he also has to please City Hall and, then, he has to please me as well,
because I have to be the liaison between both sides, so --
De Weerd: I'm easiest to please.
Lavey: I was careful with how I worded that. But I have to say that it was a lengthy
process trying to find that right person after losing -- after losing Tom . Tom wanting to
move back to Arizona. And Rich has done a phenomenal job for us. So, we would just
like to welcome Rich as well. You two can sit down if you want. Matthew, if you could
raise your hand. So, Matthew comes to us from the San Diego Police Department. I
think we all know where San Diego is as well. And he was with them for ten and a half
years before he came up here. He actually is a fellow officer to Kyle Mikowski who
came from San Diego as well and it was probably Kyle that helped encourage him to
come up here and so welcome Matthew. Steven. Steven brings us -- Steven Hansen
brings with him five and a half years of experience with the Latah County Sheriff's Office
and he worked patrol and in the jail and, then, was assigned to a detective before he
decided to move to Idaho and -- and just for the record, Latah county is in the state of
Idaho. James. James Shackelford. If you look at him you might notice someone else
that looks just like him. So, Josh stand up. They are brothers. James will say that he is
the older and more mature one is what he told me in the -- the interview and from what I
have known so far is I believe in what he says. James has worked for several different
departments and it's a real test on pronouncing them correctly, so I will just say that he
worked for several different sheriff's offices in California before we worked for Modesto
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and, then, he decided to move up here and follow his brother -- in his brother's
footsteps. So, I would say that he did one thing correct that was probably more mature
than you is he got here before you. Sean. Sean McDonald. Sean actually comes from
the state of Idaho as well. He comes from one of those departments that always gives
me a bad time, because we hire a lot of their people. Sean actually has three years of
experience working for the Caldwell Police Department before he decided to come to
the Meridian Police Department. So, welcome Sean. Robert. Robert Stewart. Robert
has 25 years of experience as a police officer and a sergeant with the Modesto Police
Department. Welcome, Robert. And Mitchell. Mitchell Littleton. He comes to us with
seven years in the U.S. Army where he served his country as a medic and as an all
source intelligent analyst. We thank him for his service to our country and, then, we get
the pleasure of sending him to the police academy next month. So, he is a recruit. So,
those are our new officers. If you guys would raise your right hand and repeat after me.
I, state your name, do solemnly swear or affirm, that I will support the Constitution of the
United States and the constitutional laws of state of Idaho and the laws and ordinances
of the City of Meridian. That I will abide by the Law Enforcement Code of Ethics and the
policies and procedures of the Meridian Police Department. That I will obey all lawful
orders and directives from those appointed over me and that I will, to best of my ability,
faithfully discharge all the duties of police officer in and for the City of Meridian, state of
Idaho, so help me God.
(Repeated by the officers.)
De Weerd: Congratulations, gentlemen. Now, before you leave, one of the models that
we have at the police department is family first and this is about the family almost more
so than it is about you tonight, guys, and so any of the family members that want to
have that awesome photo, come up and get as close as you want. This is informal.
Come up and get that photo. So, does anybody -- don't be shy. That's your
opportunity. Otherwise they might cringe when you want that photo later, but they can't
move right now.
Bernt: Selfies are okay as well. No big deal.
(Pictures taken.)
De Weerd: I will be the photo bomber.
Lavey: Madam Mayor, it looks like I kind of hijacked Council a little bit. I didn't realize -
-
De Weerd: Nice job.
Lavey: I didn't realize we were going to have that many people, but I thought it was
cool.
Milam: Madam Mayor?
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August 21, 2018
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De Weerd: I thought it was cool, too. Mrs. Milam.
Milam: Chief, I'm just wondering how many of those people that moved here from other
places did so because of the lip sync video.
De Weerd: What, that they wanted to be in it I wonder.
Milam: Wanted to be in it next time.
Lavey: Madam Mayor, Councilman Milam, I -- I can't answer that, because I believe
that they were already here before we put that in front of them, but I do happen to know
that the six of them did not give the opportunity -- were not given the opportunity to not
participate, because it was day three on the job and they said you will go out there and
you will do that.
De Weerd: Well, I would just say they need to teach a certain member of our police
department the words to that song. I didn't say who.
Lavey: She didn't say command staff, so that was kind of good. Madam Mayor,
Council, those are your eight newest members of the Meridian Police Department and
your six newest officers. We still have a ways to go. We have four more positions to fill,
but we were in the process of interviewing last week and, then, we have interviews next
week as well. So, with that being said I am done.
De Weerd: Well, chief, I would just like to -- I know you called the family forward and
just a few words to the family. We appreciate you entrusting your loved one into the
family of the City of Meridian. We want you to know that we will do everything we can to
give them the tools they need, the training they need to be safe in doing their job of
serving our citizens and I can tell you that the command staff takes that responsibility of
each and every individual in our Police Department and their safety as their number one
priority and we appreciate what you do in our community to keep this one of the safest
communities in the state of Idaho and across the country and we appreciate how you
serve and respect our citizens. So, I think you have joined -- and I think I can speak on
behalf of our City Council, you have joined the best police department in the nation and
we appreciate you joining our family and we welcome you with open arms. So, thank
you so much.
Lavey: Madam Mayor, thank you for those kind words. Have a good evening.
B. Life Saving Citizen Award Presentation
De Weerd: Thank you, chief. Okay. Item 8-B is under our Fire Department and I will --
I will welcome Chief Niemeyer up here on Item 8-B.
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Niemeyer: Madam Mayor, Members of the Council, to continue the good feeling, we are
privileged to be here before you tonight to share a success story within our community,
to recognize and celebrate a community hero. Really to embody the spirit of Meridian
where we say neighbor helping neighbor and that's what this story is all about and in
who we are going to recognize this evening. So, with that, before I begin, I would like to
invite Mr. Charlie Noble and Mr. Dennis Brandt to join me at the podium, along with
Captain Scott Warren, Firefighter Zach Mason and the crew from Truck 31. Madam
Mayor, Members of the Council, it's always great when one of our -- one of our crews
recognizes one of our citizens and on this particular call Captain Scott Warren took the
time to recognize a citizen, send us a recognition and a suggestion that we -- we
recognize Mr. Charlie Noble for his actions on May 21. I would like to read you what I
got sent from Captain Warren. The Meridian Fire Department responded to a cardiac
arrest on May 21, 2018. When fire crews arrived they found the patient in the backyard
of the home with a neighbor Charlie Noble performing CPR. Charlie is a nurse at St.
Alphonsus, who heard screaming for help and ran across the street to see what had
happened. He recognized his neighbor was in arrest and began CPR until firefighters
arrived. Charlie's quick action saved a life and that's what this is about tonight is
recognizing the actions of a neighbor. So, with that I would like to read the plaque that
we are going to have Captain Warren present to Mr. Noble. This is a Citizen Life Saving
Award presented to Charlie Noble for your compassion and lifesaving efforts performed
on May 21, 2018. Your actions on that day will always be remembered. Presented by
the Meridian Fire Department and the City of Meridian. Captain, if you would like to
present that I would appreciate it. So, I'm going to put Charlie on the spot if that's okay.
If you would like to say a couple words.
Noble: Sure. Thanks for having me -- all this very much. It was a bad situation that
was surrounded by a bunch of good little situations that made everything not so bad I
guess, especially in the end. There was me and several other neighbors that came
together and I think we were able to manage things until EMS got there and those guys,
watching them work is something else. They know what to do for sure and they are
good at it. So, I'm just glad everything worked out and made me so happy to see him
walk up to me in my driveway a few weeks after that.
De Weerd: Well, thank you. And thank you for joining us. Charlie, you -- you really
represent what the Fire Department's been working hard for in being a Heart Safe
Community and encouraging our citizens to learn CPR, to download Pulse Point, so that
we can get resources to those that are having cardiac failure, because every second
does count and we are thrilled that you were able to be here and -- and participate in
this award ceremony. It's -- it's great to see it work. So, thank you so much.
Noble: Thank you all.
Niemeyer: So, Madam Mayor, it would be unwise of me to keep getting along with Pam
if I didn't mention what you just did. Heart Safe Meridian is a program that you all as
Council have funded and supported. That's where we teach citizen CPR to our
community and wanted to remind you September 19th at 10:00 o'clock we do have a
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August 21, 2018
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CPR class for anybody interested in coming and you mentioned the Pulse Point app,
Madam Mayor, which I greatly appreciate. Pulse Point is an app you can download to
your iPhone, your Android, or whatever other device you have, it will notify you of a
cardiac arrest in your area. If you know CPR you can come and help and be part of this
great response community. So, with that thank you very much.
De Weerd: Thank you, chief. And thank you to our fire crew as well. We appreciate all
of our public safety first responders being here tonight. Thank you.
Item 9: Action Items
A. Public Hearing for FY2018 Amended Budget in the Amount of
$144,675,644
De Weerd: Okay. We will move into Action Items under Item 9-A, which is a public
hearing for the 2018 amended budget in the amount of 144,675,644.
Palmer: Madam Mayor?
De Weerd: Yes, Mr. Palmer.
Palmer: Madam Mayor, as everyone is making their way out just want to remind you we
are about to increase your taxes three percent, so if -- if you want to have a say in it
here is your only shot.
De Weerd: Well -- and they just saw their tax dollars at work. And I know Jenny is -- is
loading up and -- good evening, Jenny.
Field: Good evening, Madam Mayor and Members of the Council. Tonight I am before
you to present our FY-18 amended budget for your -- to accept and approve. So, here
is our agenda for tonight. I'm going to go over the three major funds that we report on,
General Fund, Capital Improvement Fund, and Enterprise Funds. So, we are going to
start off with the total city budget of 144,675,644 dollars that we have noticed in the
paper and also on the internet. This is a reduction of six point -- 6.53 percent from the
original budget that was announced this time last year. I will go through the reasons
why or -- for the changes in the upcoming slides. Just know that these changes all have
been presented to you in the past ten months by our departments. This is more of a
formal process that we notify citizens in the state of our final fiscal year 2018 budget.
So, with that this will be more of a year end review for you guys. Our total city budget
originally was 154,788,000. It was a reduction of around ten million, down 6.53.
General Fund is down -- or up 2.56. Capital Improvement Fund is down a little under
6.29 percent. Enterprise Fund is down 12.75 percent. And, then, I'm going to go
through each fund, starting off with General Fund. General Fund is sitting at a final
amended budget for fiscal year 2018 at 63 million -- a little over 63 million. That is up
2.56 percent. The personnel capital and carry forward amounts are displayed there on
the graph in front of you. What makes up the changes in General Fund. There were 26
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August 21, 2018
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total amendments that were approved through the past ten months. The major big
ticket items were 1.7 million in community development, the building and electrical
inspection services budget amendment. We have a parks discovery phase one amenity
budget of 612,000. There is also a Comprehensive Plan consultant amendment and
also an associate city planner. The carry forward adjustment that was adjusted in our
General Fund was down 2.5 million. Let's move on to the Capital Improvement Fund.
The Capital Improvement Fund didn't have any budget amendments in fiscal year 2018.
There was a carry forward adjustment of a little over 200,000 dollars. Enterprise Fund.
Enterprise Fund ended at final budget amendment -- or final amendment of 78,599,651
dollars. That is down 12.75 percent from the original published budget back in last
August. They had three total budget amendments that were approved. SCADA system
administrator, collections equipment facility construction budget amendment, and also a
Well 29 budget amendment. Their carry forward adjustment is down 11.6 million. With
that I stand for any questions of our final fiscal year 2018 budget.
De Weerd: Thank you. Council, any questions? Okay. This is a public hearing and so
I would ask if there is any members of our public that would like to provide testimony?
Coles: Madam Mayor, no one signed up previously.
De Weerd: Okay. Thank you, Jenny. Council -- yes. Denise.
LaFever: Denise LaFever. 6706 North Salvia Way, Meridian, Idaho. 83646.
De Weerd: Thank you.
LaFever: My question is is I just was under -- I want to know what the rationale and the
background behind why we are increasing and adding inspectors to the budget, as
opposed to doing subcontractors. So, it's just -- as development goes up and down we
have them on staff instead of a subcontractor that we can change. So, I'm just curious.
De Weerd: That has been our approach for -- for years and our contractor could not
keep up with the demands of our contract and so they gave a termination date and the
only option we had was to pull it in house and so that has been a discussion over the
last number of months that we have had and we are now offering those services in
house and that was part of the budget amendment.
LaFever: And I guess the follow on question is is that wouldn't you have an offsetting
subcontract cost opposed to an in house and is that really the amount that it's going off,
opposed to what was subcontracted versus what's in house now? So, that's just -- my
one question.
De Weerd: Okay. We will -- we will have Jenny cover that.
LaFever: Thank you.
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De Weerd: Is there any other testimony? Okay.
Field: Madam Mayor, Member of the Council, I believe the question was is there an
offset from our consulting or our vendor versus our in house. There was an offset in our
base budget and that was notated, a reduction in fiscal year '19's base budget,
Community Development Department.
De Weerd: Well, there is an offset, but there has been an overlap --
Field: Correct.
De Weerd: -- because while we have been working to provide workspace, hire
personnel and the tools and equipment, that has been happening as we continue to
have the contract to have it all online before the contractor -- or the contract expires.
So, there -- there will be some offset, but there is a duplicity in -- in that right now.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor. And, Denise, maybe to help bring context to this process as
well, the funds used to -- whether they are employees or contract, they are not tax
dollars, they are actually -- it's funded through permit fees for the community -- the
development community who needs that service. So, as they pay the permit fees and
inspecting fees and everything, that's what funds those positions. So, as -- as the
demand for construction grows, so does the demand for inspections and so where our
contractor wasn't able to provide those services, like the Mayor explained, we had to
bring that in house, but those funds are still completely coming from the development
community, not from tax dollars.
De Weerd: Thank you, Jenny. Thank you, Mr. Palmer. Council, any other questions for
Jenny? Okay. If not, I would entertain a motion to close the public hearing.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Move that we close the public hearing on Item 9-A, the fiscal year 2018
amended budget in the amount of 140 thousand -- 144 million, excuse me, 675,644.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 9-A.
Borton: No. I was just closing the public hearing.
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De Weerd: Oh, I'm sorry. Yeah. I was rushing it. To close the public hearing on Item 9-
A. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Made my motion to close a little longer than I needed. Sorry for that. I would
move that we approve the fiscal year 2018 amended budget in the amount of
144,675,644.
Cavener: Second.
De Weerd: I have a motion and a second this time to approve Item 9-A. Any discussion
from Council? Okay. Mr. Cl erk.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
B. Public Hearing for Proposed FY2019 Budget in the Amount of
$130,464,302
De Weerd: Thank you. Item 9-B is also a public hearing. It's for our proposed 2018
budget and I will turn this to Jenny.
Field: Okay. Hello again, Madam Mayor, Members of Council. It's been a while. This
is our fiscal year 2019 proposed budget. A p ublic hearing. The agenda is very similar.
Same setup as our fiscal year 2018 amended budget. This is all the work that we put
together as a team over the past seven months. We will go over the fiscal year 2019
proposed budget of 130,464,302. Again, this will be in a summary level. What we
accomplished over the seven months. The details have been posted in the newspaper
and our internet. So, with that fiscal year 2019 proposed total city budget. The graphs
are in front of you. The one -- the picture on the left is -- depicts personnel, operating
capital and carry forward percentages. The pie chart on the right is displaying the
departments and their proportionate to the 130 million budget proposal. I'm going to
start off with, excuse me, General Fund. General Fund's proposed budget is
65,278,150 dollars. Public safety makes up 59 percent of General Fund's proposed
budget. Parks makes up 22 percent. Community Development and administration
departments make up the remaining 19. The budget request for General Fund, the
majority of it is in our base budget, which makes up 90 percent. Community
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Development, administration, replacement and enhancement requests are listed on the
left of the pie chart. There are roughly around 484,000 Parks and Recreation
replacements and enhancements. Same with Fire Department and Police. All listed to
the left. General Fund revenue, 2019 general revenue is roughly around 55,139,886
dollars. Majority of it is property tax at 61 percent. Sixteen percent is our inter-
governmental revenue, which is state sharing revenue, liquor license, and rural fire.
Twelve percent is Development Services. Enterprise Fund. Enterprise Fund's
proposed budget is 65,186,152 dollars. The makeup of the Enterprise Fund is 63
percent of it is wastewater, 22 percent water, and 13 percent is our Public Works slash
engineering department. The remaining two percent as our Utility Billing Services
Department. Their based budget and their enhancement budget is split 53 percent
base and 41 percent enhancement requests, with the remaining six percent in
replacement. Enterprise Fund revenue. Enterprise revenue is around 38,183,220
dollars. Majority of the Enterprise Fund revenue comes from water and sewer revenue
sales at 65 percent and, then, the 26 percent, which is the sewer connection and water
connection revenue makes -- makes up 26 percent. With that I stand for any questions
in our fiscal year 2019 proposed budget.
De Weerd: Thank you, Jenny. Council, any questions for Jenny? Okay. Thank you.
Mr. Clerk.
Coles: There were no sign-ups previously, Madam Mayor.
De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide
testimony on -- on this item? Okay. Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If there is no public testimony today, I would move that we closed the public
hearing on Item 9-B.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-B. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Jenny, thank you. And, Todd , thank you for -- where did Todd go? There you
are. Thank you for a great process in delivering this budget from its development
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August 21, 2018
Page 16 of 108
through a couple of public hearings in June, these workshops, another public hearing in
July where this was continued to be vetted and discussed and culminating in today's
public hearing. So, I commend you. You have done a lot of great work and outreach in
making this available to the public and answering all the questions from Council and
helping us make the most appropriate budget for the city going forward. So, hats off to
you. Great job and we will roundtable after this and talk about ways to make it better for
next year for the citizens and for all of us. So, excellent work.
Field: Thank you. Thank you, Madam Mayor and Councilman Borton. This actually is
a team effort. It's not just our Finance team, it's actually Mayor, Council, you,
department directors and all the staff that's involved. It is a lengthy process and we
have put a lot of work into it. So, thank you. Thank you.
De Weerd: And it started in February; right?
Field: It did. Hey, February is coming up.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Todd always says that it's mostly him that it takes -- when I ask him he doesn't
say what you say. So, I appreciate hearing that. It's really good, so -- there is also --
you know, there is a lot of trade offs in the discussion that goes. There is a lot of
requests and -- and everyone's pulled lots of different directions. So, I appreciate the
collective compromise of the departments in trying to make the best budget going
forward. So, with that I would make a motion to approve Item 9-B, the proposed fiscal
year 2019 budget in the amount of 130,464,302.
Bernt: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Cl erk, we will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, yea; Bernt,
yea.
De Weerd: Okay. The ayes have it.
MOTION CARRIED: FOUR AYES. TWO NAYS.
De Weerd: Thank you. And -- and to the Finance Department, to each of our
departments, I would echo what Councilman Borton said, there is a lot of work that goes
into it and there is a lot of compromise. Certainly there has been some great questions
and I think there will be a lot of opportunity for further discussions on how we can
continue to improve.
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August 21, 2018
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Cavener: Madam Mayor?
De Weerd: So thank you. Mr. Cavener.
Cavener: The opportunity for comment went -- came and went somewhat quicker than I
had expected, so I just -- I wanted to add a couple of thoughts. Obviously, I didn't
support the budget -- in no way reflects my opinion of our fine city employees who I
think are second to none and swearing in some new of those tonight is always just a
highlight of my role on Council. I also think it's important to thank you, Madam Mayor.
You made the directors available for every one of us to meet on this and I think I
touched base with every director through this process to get further clarification and
questions answered and, again, echo the Mayor and Councilman Borton, I know we all
as a body feel that our Finance Department works so hard to engage us and make sure
that we have everything we need to make a decision and on top of that to communicate
with the public, to make sure that the public is here, and so while I continue to grow
frustrated that we don't have a member of the public to come and say this budget is
great or this budget is terrible, I know that that's also in part because you have
answered a lot of those questions that have come both from us as Council and the
public before us. So, thank you.
De Weerd: Thank you. Thank you, Todd. Thank you, Councilman Bird. It's always
nice seeing one of our former council members in the audience.
C. Public Hearing Continued from July 24 for Cherry Blossom
Subdivision (H-2018-0018) by Jayo Land Development
Company, Located at 615 W. Cherry Lane
1. Request: A Rezone of 10.74 Acres of Land from the R-4 to
the R-8 Zoning District; and
2. Request: A Preliminary Plat Consisting of 47 Single-Family
Residential Building Lots and 11 Common Lots on 10.25
Acres of Land in the Proposed R-8 Zoning District
De Weerd: Item 9-C is a public hearing continued from July 24th on H-2018-0018. I will
open this public hearing and ask for staff comments.
Allen: Thank you, Madam Mayor, Members of the Council. The first application before
you tonight is a request for a rezone and a preliminary plat. This site consists of 10.25
acres of land, zoned R-4, located at 615 West Cherry Lane. This property was annexed
back in 1959 without a development agreement. A Comprehensive Plan future land use
map designation is medium density residential, which calls for three to eight units per
acre. The applicant is requesting a rezone of 10.74 acres of land from the R-4 to the R-
8 zoning district consistent with the future land use map designation of medium density
residential. A p reliminary plat is proposed consisting of 47 single family residential
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August 21, 2018
Page 18 of 108
building lots and 11 common lots on 10.25 acres of land for Cherry Blossom
Subdivision. The gross density of the development is 4.6 units per acre, consistent with
and at the low end of the density desired in medium density residential designated
areas. Homes within the development are proposed to be single story in height and the
subdivision is proposed to develop in one phase. Access is proposed via the extension
of West McFadden Avenue, a stub street at the northeast corner of the site, and via
Northwest 7th Street to the west. Access to the three parcels at the southeast corner of
the site is proposed by a common driveway from Northwest 4th Street across an
existing parcel. An access easement is required for access to these lots across that
parcel and those -- those are the ones you see down here where my pointer is. The
easement should specifically grant access to the proposed lots. These lots are not
allowed to develop unless an easement can be obtained. A total 1.11 acres or 10.8
percent of qualified open space is required, along with one site amenity. A segment of
the city's multi-use pathway is proposed and an additional amenity, such as a children's
play equipment or something comparable, was recommended to be provided as a
provision of the rezone. The applicant is proposing as the extra amenity to provide a
gazebo with picnic tables. Staff is in agreement with that amenity if Council will also
weigh in on that that would be great. Concept building elevations were submitted for
future homes within the development as shown. The Commission recommended
approval of the subject application. John Breckon from Breckon Land Design,
applicant's representative, testified in favor, as did Howie Long. Several testified in
opposition. Wyatt Dryden, Ingrid Dryden, Deborah Nicholson, Todd Hansen, Marjorie
Williams and Justin Williams. Jamie Elliott and Bill Luke commented on the
applications. There was no written testimony. Key issues of discussion at the hearing.
In favor of the proposed single -- or single story homes and reduction of the number of
homes were proposed from the original application. Concern pertaining to an increase
in traffic from the proposed development and impact on adjacent residences and
children walking to school. There are no sidewalks along 7th Street and Washington
Avenue to the south. Suggestion of a three-way stop on 7th Street for safety where the
crosswalk leading to the school is located at the entry of the development. Just to back
up here for a second, you can see here the school is right here and there is a pathway
that goes right through here to the school and desire for more trees to be provided
within the development would like more of a transition in lot sizes from the adjacent
subdivision to the west. Concern regarding common driveway depicted on the plat as
West Cherry Avenue, the private driveway conflicts for the proposed lots and existing
properties at the southeast corner of the site off of Northwest 4th Street and an access
easement for those proposed lots and concern regarding continuation of irrigation
service and rights. Key issues of discussion by the Commission was the provision of
another site amenity as recommended by staff and what kind of an amenity would be
appropriate. The applicant did address that, as I mentioned, with a gazebo and picnic
tables. Concern regarding feasibility of development of the lots at the southeast corner
of the site pertaining to access via Northwest 4th Street across an existing parcel and,
finally, the Commission liked the changes to the plat, including the reconfiguration and
reduction on the number of lots, the single level homes and increased common area.
The Commission did make a change to the staff report for the requirement of an
additional site amenity to be provided above the minimum required. That was condition
Meridian City Council
August 21, 2018
Page 19 of 108
number 1.1.7. And, then, the only outstanding issue for Council tonight was just a
determination if the gazebo with picnic tables is acceptable as an additional amenity. If
so, condition of approval number 1.1.7 should be modified accordingly. There has been
no written testimony submitted since the Commission hearing. Staff will stand for any
questions.
De Weerd: Thank you, Sonya. Council, any questions? Is the applicant here? Good
evening. If you will, please, state your name and address for the record.
Breckon: John Breckon. Breckon Land Design. 6661 North Glenwood Street, Garden
City.
De Weerd: Thank you.
Breckon: I guess what I can share in addition to what Sonya presented was that we
went through a process with the -- with the neighbors. We originally had submitted a
plan with higher density, had more lots, and -- well, it was -- it's a challenging site, just
because of the shape of it, the triangular shape, as you can imagine, poses its -- its
challenges trying to fit a square -- square lots in a -- in a triangle. But anyway. So,
through that process what we ended up doing is having an additional neighborhood
meeting -- actually two and we came up with two separate site plans. One was with the
R-4 and one was focused on R-8, keeping it R-8 and -- or I beg your pardon, keeping it
R-4 and change -- change it to R-8 and going essentially with smaller lots versus larger
lots options and larger lots would be geared more towards a family style home, two
story, and we talked through all these details with the neighbors and, you know, trying to
work with them to come up with an option that would be preferred and -- and, then, the
other option would be the smaller lots with a single story home and -- which was
actually the -- the developer's preference. From the beginning the -- the -- the goal was
to provide a development that would be similar to La Mirada on Meridian Road, if you're
familiar with that one, and if you look at the building elevations, that's -- that's the style
of home we would like to build in here. The single -- the single story, smaller square
footage homes, are typically purchased by 55 and older folks, as well as younger
families without children for obvious reasons and -- yeah, that was part of the discussion
as well when we were talking about the open space and amenities, what would be
appropriate. Well, we -- we ended up modifying the plan to the one that you see in front
of you and modifying the lot sizes. A lot of the concerns were adjacency and what it's
going to look like from my backyard and there was a strong wish to go with single story
homes and to try to align as much as possible the -- the lot lines with the adjacent lots.
You can see that this very -- very clearly on the east side there on the angle where the
lot lines matchup very well. Let's see. What else can I share? There is -- there is also
a pedestrian connection on the east side. There is a southeast corner. There -- there is
an existing sidewalk that enters the site. We are picking that up and, then, extending it
to the west over to 7th Street with a ten foot wide pathway and trying to meet all the
requirements. I believe we have already met requirements as we worked through with
staff . Stand for questions.
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August 21, 2018
Page 20 of 108
De Weerd: Thank you. Council, any questions? Mrs. Little Roberts.
Little Roberts: Madam Mayor. John, you mentioned the look from my backyard. I'm
just curious what will be between the existing homes and the new development and --
and, then, I have a follow up after that one.
Breckon: Sure. Well, I mean it's going to be backyards, single -- single family homes.
So, you can see the other person's backyard or backyard to backyard all the way
around.
Little Roberts: Madam Mayor?
De Weerd: Uh-huh.
Little Roberts: Madam Mayor and John, are you planning on putting in new fencing or
will there -- there be a second fence? I know it's been a while since I have read all the
e-mails that we received when this kind of first came up. I remember some questions
about fencing and, then, as well as irrigation.
Breckon: That's a -- that's a good question. I -- Sonya, do you remember -- we went
back and forth on the fencing and I know -- I know the developer is willing to do the
fence. Yeah. I -- I can't remember if we -- if we ended up doing fence or not. I think we
-- we are doing a new fence, but I would have to verify that.
Little Roberts: Madam Mayor --
Breckon: The -- on the -- on the irrigation, I can tell you that there is -- well, the
connection point is, essentially, the southeast corner where there is those three lots off
to the side and down in that corner there exists -- there is an existing irrigation ditch and
these are all user ditches. There is -- there is one that goes to the west along the L-
shaped piece on the south and, then, it -- it keeps going all the way over to 7th Street
and, then, there is a branch off that -- that feeds to the north to the lots that front on 7th
Street, comes through their backyard and -- and so, you know, we are -- we haven't
designed it yet, but we are planning on putting a pump station, utilize water rights for --
for the overall development, as well as save and protect the existing large ditch on the
south side and, then, we will need to pipe -- pipe around to make sure that those folks
on 7th Street continue to get their -- their water. Right now there is just an open ditch
that kind of cuts through the field there.
Little Roberts: Madam Mayor? John, I'm thinking it was someone that was on
Washington Street that also said they have -- I don't know if they have open -- an open
ditch or if it had a -- that each individual home, but I don't know how many -- had their
own pump and so -- well, I just want to make sure that no one's lawn irrigation is
interrupted for any length of time, other than to fix or --
Meridian City Council
August 21, 2018
Page 21 of 108
Breckon: Oh, certainly. No, I'm not sure where Washington Street is, but I know for a
fact that we are -- we are not going to cut off anybody's irrigation.
Little Roberts: All right. Thank you.
De Weerd: And that is a requirement in development that you cannot impede the water
delivery that is currently existing. So, those are great points.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, I'm just curious why you went from a tot lot to a gazebo? And I -- I
understand -- so, I'm a huge -- first of all, I'm a huge proponent of tot lots. Well known.
And I understand that your demographic might be 55 and older, but also people who are
in the prime are going to have kids and the -- the people that I know my age and just a
little older right now, a lot of them are caregivers of their grand -- for their grandchildren
and a grandparent actually needs a tot lot more than a parent, because they don't
necessarily have the equipment in their home full time, so --
Breckon: Well, I -- I guess first I will say is that we are open to what that amenity is and,
you know, where we had left it with Planning and Zoning was that we were going to
work with staff to determine what that would be. That would kick back and forth. Is it a
tot lot? Is it a gazebo? Is it exercise equipment? You know, we are -- I think the
developer is open and -- and would -- would welcome Council's input, so -- but we
would love to, you know, maybe modify that, if that would be appropriate. Basically we
are -- we were undecided and just kind of like what you're saying, well, you know, you
don't know who is going to live there and what's -- what's going to be the best use. So,
we kind of landed on, well, we are thinking based on who has been moving into la
Mirada, since we are -- we are basing on that, you know, the majority of the
demographic there is 55 and older and, you know, a passive type of amenity would
probably be more appropriate. But open to suggestions.
Milam: Thanks.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: John, when I'm looking at -- I think it's -- it's number three of the existing
neighborhood, if -- if my eyes are correct it looks like you have got three different lots
that back up to that. Am I seeing things correct? And I guess -- just curious. I don't
know if -- if the residents in number three got a significant amount of foliage. I just
know the challenges that people face when they have got, you know, three different
neighbors that backup to them.
Meridian City Council
August 21, 2018
Page 22 of 108
Breckon: Are you talking about existing Lot 3 on --
Cavener: Yeah. If I can -- let me see if I can figure out how to drive. I don't know if I --
Breckon: Yeah. There is --
Cavener: Oh, the clerk has got to give me permission.
Breckon: I do know that there is a significant amount of existing trees, particularly on --
on that west side and most of them are very large. You know, the biggest -- some of the
thought process there is that those lots are -- are deeper and with the smaller homes
they will have a larger backyard and that will help with transition.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I don't know if staff can pull up -- again, I don't even know if there would be an
image to show -- and maybe -- maybe the people who live there are -- are here tonight.
I just -- that's -- that's a real hurdle for me to overcome to have three neighbors in my
backyard.
Breckon: Well, we did work with the neighbors on -- you know, we had -- we actually
worked through -- we had six different concepts all together and -- until we landed on
this one. We had -- as one of those options -- maybe I should have brought them for --
for discussion, but where -- that showed fewer larger lots and those larger lots -- the
plan would have been to have two story homes with larger lot, but this is -- this is what
we worked with the neighborhood on to come up with this option.
Cavener: Madam Mayor? I can appreciate as -- as someone who has lived in -- in a
neighborhood for a long time wanting a single story versus a two story looking over into
their backyard. Me, I just -- I really get excited about the type of development that puts
multiple neighbors -- three in fact -- in somebody's backyard. That's all.
De Weerd: Any other questions from Council at this time? Okay. Thank you.
Breckon: Thank you.
De Weerd: This is a public hearing. Is there anyone that has signed up, Mr. Cl erk?
Coles: Thank you, Madam Mayor. We did have one previously sign up. Harley
Parson, wanting to address the Council, listed as neutral.
De Weerd: Good evening. And thank you for joining us. If you will, please, state your
name and address for the record.
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August 21, 2018
Page 23 of 108
Parson: Harley Parson. 1319 North Midtown Street here in Meridian. 83642.
De Weerd: Thank you so much.
Parson: So, I'd like to address Luke and Genesis' concerns about the neighbors. Just
to let you know there are fences that do exist on that south side -- excuse me -- the
west side, the one that was marked in red and -- and so I don't -- if that neighbor had a
concern would probably bring it up, but I think that's where the canal is as well. So,
there is lots of space between the two backyards and I'm consuming my three minutes
answering your question.
De Weerd: Well, we will started it again.
Milam: Start over.
De Weerd: But thank you for the answer.
Parson: Some of the comments in the previous public hearings had not been
addressed in the staff report concerning the model after La Mirada and the homeowners
association and CC&Rs. If you look at those, they have included in their CC&Rs and
their monthly fees that they would care for the lawns. That means I'm not out mowing
my lawn seeing my neighbors and the monthlies would be significantly higher. I don't
know what they charge in La Mirada, but in my subdivision that I can see the pathway
from my driveway, I only pay 150 dollars a year. I can't imagine anybody's going to mow
my lawn for less than 150 dollars a month. So, we are not really looking at a variable
income type housing development. This is going to be a high -- high income, people
with a lot of money are going to live there. So, that's going to affect the character of the
neighborhood. Also in the CC&Rs for La Mirada there is no basketball courts. That
means kids are not playing in the driveway. There is also not allowed any compost. So,
there is no community gardens, even though -- and -- and I'm not quite sure on the
documentation here, but I did look online and I did see that one of the amenities the
developer was considering was a community garden and in the previous public
testimony I kept hearing tot lot and I can't -- didn't really click as to what that was. It
really means a playground for kids. So, a gazebo, picnic tables -- what other required
amenities are there? There is the pathway we talked about. The concern I have -- the
current direct line to the existing crosswalk to the middle school does not line up with
the street, so if they put a light or a stoplight there the kids have to go about 50 yards to
get to the crosswalk when there are cars there. So, if the alignment could be changed
that would be of benefit. So, those are the concerns I have, because the CC&Rs, the
homeowners association, hasn't been addressed and this is going to be a high income
and not a variable income neighborhood. So, things that I would like to see you all
consider when you propose some kind of amenities is that it's multi-generational and not
just what has already been discussed. I think that's about all I have. Thank you.
De Weerd: Thank you so much.
Meridian City Council
August 21, 2018
Page 24 of 108
Coles: There were no other signups, Madam Mayor.
De Weerd: Okay. Thank you. This is a public hearing. Is there anyone in the audience
who wishes to provide testimony on this item? We will get you next. Thank you for
joining us. If you will, please, state your name and address.
Williams: Justin Williams. 1251 Northwest 4th Street, Meridian, Idaho. 83642.
De Weerd: Thank you.
Williams: So, I live in the bottom corner where that private driveway is. So, off of 4th
Street and when you look there, there is no direct entrance to those houses. So,
technically, that property is landlocked. They have an easement that was written up in I
think 1952 or 1956. From what I have seen in other -- I don't want to say lawsuits, but
other hearings that if the easement has not been acted on within 20 years, then, that
easement basically is null and void. So, I'm not sure exactly how they are planning to
get to those homes. So, they would, basically, have to drive over one of my neighbors'
properties and create a larger driveway to get to those homes. So, they keep kind of
passing over that idea of the easement. Does that makes sense at all? So, like you
blow that up, like you literally have to drive through somebody's yard, or create a new
driveway to get to that property. You can see it or not?
De Weerd: No.
Williams: So, off of -- or straight. You see where like the -- the new property is, I live
down in the second lot and we have a private driveway that's -- whatever -- nine or ten
feet wide, so down off, of course, where Cherry dead ends into it --
Borton: Madam Mayor? Let's hold for a second. Let's mark where you're at, so we are
looking at the same thing. Sorry.
Williams: No problem.
Borton: I didn't mean to interrupt. I just -- that one right there?
Williams: So exactly right there. So, the one lot there is a home and there is another lot
-- there is a little tiny driveway that hooks to a home, but there is no roadway there. So,
we have talked to them about like how they are going to get in, but they don't really ever
specify exactly how they are going to get in and they say there is an easement -- like I
said, the easement was from 1952 and it's never been used.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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August 21, 2018
Page 25 of 108
Borton: Mr. Nary, have we ever included conditions in a development agreement that
the applicant ensures lawful access to all parcels associated with the plat?
Nary: Madam Mayor, Members of the Council, Council Member Borton, I think that is
the key issue of this item -- or discussion C-2. So, I think that was raised by the
Planning and Zoning Commission that that would be a requirement to clarify this
easement and access as a condition of approval. So, I do think that was contemplated
by the staff. So, if it hasn't been done it -- they cannot finalize it, sir, until that is part of -
-
Williams: Okay.
Nary: -- a resolution.
Williams: Well, they like -- do they talk us or do they just do it or -- like what's the
process?
Nary: What they will have to do, Madam Mayor, Members of the Council, is they will
have to -- they will have to be able to show a recorded easement for us to -- as part of
this development agreement to -- to make sure it gets completed. So, yeah, that is
contingent. And, then, the applicant when he comes back he can address that.
Williams: So, if you scroll all the way in -- right there. So, the -- the house that you're
on owns all the way to the concrete. Okay? And, then, the concrete is owned by the
person to the left, that house, so there is not technically a driveway into this property.
The property is linked to the other property. So, if they want to get in there they
technically should have to go through the other property or by the easement.
De Weerd: Okay. So, that is just a private driveway to the house in the very back?
Williams: Correct. So, like my house is in the very back, so I go through this line, but
that line is only like ten feet wide, you can't have two cars. So, you're either going to
have to bump somebody's yard out or you're going to have to take the neighbors, you
know, 20 or 25 feet and, then, you're going to have to put in, you know, whatever city
services. That lot is also only zoned for one house, not for three.
De Weerd: Okay.
Williams: And I have -- I have tried and tried and tried to talk to him about it and they
just keep coming back with I have an easement, but they will never produce these. So,
I have had people that do it for a living look into it. So, we found the easement they
have listed, but, again, it's from 1952 or 1956. If it hasn't been acted on within the last
20 years, the easement is null and void.
De Weerd: We will -- we will ask the applicant to respond to that.
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Williams: Perfect. Thank you.
De Weerd: But thank you for bringing that to our attention. Kent, would you like to
provide testimony?
Brown: For the record Kent Brown, 3161 East Springwood. The discussion about the
three lots, Councilman Cavener, it's kind of interesting when you looked at that and so
where they back up to Lot 3 and I guess they could stand in that little tiny corner and
they would be adjacent, but also there wouldn't be any houses in between that area, so
it's not like someone's looking out their house, even though technically you can say
there is three lots that back up to him, but that area -- would it be at least ten feet wide,
but in between that area, so the house is not backing up to him. But, yes, part of their
yard is touching in just that little corner, because of the angle. You know, I guess you
could come back a short distance and change the angle a little bit, so that you cut the
corner off and, then, there is two, but you're just doing that really for no benefit. I mean
you could stand in that corner and say, yes, technically there is three and as planners
we do -- I got to use a politically correct word --
De Weerd: Don't worry about it. Just say it.
Brown: We are asked to do stupid by the government on a daily basis and just do it.
So, if we need to do that I guess --
De Weerd: I take that back.
Brown: I guess that the developer can do that. I have nothing to do with this project, it
means nothing to me, but I have been asked to do similar type things and it -- and when
I'm looking at it and I'm talking to neighbors about something they are going -- basically
what you're looking at is a gap in between two houses and there isn't a house there, so
you would have maybe one house backing up and part of another that isn't really
backing up to it either, because you would have a gap there ten feet in between the two
houses and they are looking down the gap between the two lots that are existing there.
That's my comment. Thank you.
De Weerd: Thank you. Is there any further testimony? Council, would you like to -- to
have -- yes, sir.
Parson: Thanks. I just have a follow up --
De Weerd: If you can just restate your name.
Parson: I'm Harley Parson, again at 1319 North Midtown Street in Meridian.
De Weerd: Thank you.
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Parson: Concerning the -- the common area, I think it's going to be facing on Cherry
Lane. If I look at that correctly it's going to be that peak of the triangle and I'm just
wondering if there is going to be public access to any common area or if it's all going to
be fenced off on -- on Cherry Lane. Right now it shows kind of a little -- in the picture
that's in front of me that -- that looks like there is a little -- okay, somebody changed it.
All right. So, now it's the black area that's on Cherry Lane itself. If that's going to be the
common tot lot, will it be public access from the sidewalk on Cherry Lane.
De Weerd: We will ask for clarity. Thank you.
Parson: Thank you.
De Weerd: Okay. Would the applicant like to come and respond? Maybe you now
have information on the fencing; right? Did we give you enough time to --
Breckon: I tried on the fencing.
De Weerd: Okay. If you can restate your name for the record.
Breckon: John Breckon, Breckon Land Design, 6661 North Glenwood Street. So, let's
see, where should I start? Common area on the north side, fronting Cherry Lane, it is
common area, so it is open to the public. I could also add there, you know, if -- on that
east side you can see a small sliver of land and that is -- that is common area to the
east and so we would be abutting that and so that common area in effect will -- will be
larger. If that makes sense. And so it's kind of an odd piece there. You can see the --
the center island off of Cherry -- Cherry Lane and, then, there is an existing kind of dog
bone shaped common space there. We are abutting to -- abutting to that and, then, we
also have another piece coming off McFadden that would abut it as well and just pick
one -- one large common area, kind of a boomerang shape. That's just to be a common
area. The -- let's see, there was a question about tot lot location or amenity location I
will say. Gazebo and picnic tables. I thought it would be a good location to have it
further to the south where we have the larger common area and do we have the
landscape plan? I think that might actually show a little bit better. But, anyway, I was
planning on putting it down there. It doesn't have to be there. There is -- there is
another lot at the -- kind of the north side there where the -- where the road turns that
might lend itself to an amenity location. Open to discussion on that as well. The other
item was the pedestrian connection on the west side or to 7th Street. We did have
many discussions about that and, obviously, we want this to be safe for everyone that --
as I understand that's -- that's a -- a heavily used crossing location for -- for the children
as they go to school and the bottom line we -- this has not been in front of ACHD yet
and we are more than welcome and we would love to work with them on that
intersection, you know, whether it be turned into a three way intersection with stop signs
or if we need to add a crosswalk or speed bumps or, you know, other traffic calming
type of improvements, be glad to -- to do that, to maintain safety. Let's see. The other
item is the three lots in the southeast corner and there is an existing easement to those
three lots. We have submitted the easement to the city and I believe the city attorney
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has looked that over and staff came up with some specifics that are required there that
we have agreed to, which, you know, we need to have a legal easement in place to
allow that access if that is -- if that easement is not valid for some reason or -- then,
obviously, we won't -- we won't get the access there. If we could -- could we look at the
Google Earth again, the overall -- I'd like to expand a little bit, maybe give you a little
more insight to that area. But there is -- so, what our intent there was -- and you can
kind of see, actually, if you zoom in a little bit more, there is three homes on the south
side and they have a shared driveway with an easement as well, as I understand, and
their -- you can see the concrete line, it's very straight, and that abuts the property line
and so the intent there is that we would, essentially, mimic that, as well as provide a fire
truck turnaround and that's the reasoning for the shape of our -- and the layout of our
lot. So, you know, in the end the intent would be to have one shared driveway. It
provides a little better access. You can see right now there is -- there is kind of a dirt
strip on -- on this project's property, as well as the folks there that abut 7th Street, that
they have a -- they have a -- basically a gravel drive and that's where the -- the
easement -- existing easement comes through. So, our intent was to utilize that
easement and develop that as a shared driveway that could be shared by everybody
and if we go back to the site plan there, you can see -- maybe we can zoom in there a
little bit -- where the -- the drive is -- that we are showing abuts that, meets all the city
and emergency vehicle access requirements, provides a hammerhead turnaround, and
so in effect would be a shared drive for -- for everybody along that -- that lane. Let's
see. What's there -- what else am I missing. There was a question about CC&Rs and
homeowners association. Yeah, we have not addressed that as of yet. It's a little -- a
little premature. We are only in pre-plat. I would stand for questions on -- on that or any
other -- other issues.
De Weerd: Council, any questions?
Bernt: Madam Mayor?
De Weerd: Mr. Borton?
Bernt: Thank you. You sure?
Borton: Yeah.
Bernt: Okay.
De Weerd: Mr. Bernt.
Bernt: Madam Mayor. Mr. Breckon, thank you. Is there -- is there a way that the three
-- the three lots that are in question that have to do with the -- with the proposed
easement at the -- in the south portion of -- of the proposed development, will -- will it
have access -- will those three lots have access to the rest of the development or are
they just sort of off in their own little island?
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Breckon: They are in their own little island, yes. No, there is no connection --
connection to the larger piece.
Bernt: Madam Mayor, follow up?
Breckon: The thought -- the thought on that is that, you know, if we did punch a road all
the way through, it would really change the environment there for those folks that are
already living there. It's -- it's a little dead end stub street and so, you know, we didn't
want to adversely impact them.
Bernt: Madam Mayor, follow up?
De Weerd: Uh-huh.
Bernt: Being part of that HOA as a -- as a potential owner of one of those three parcels,
it would be sort of odd that I would be part of that subdivision -- that proposed
subdivision, but wouldn't have access to the subdivision at all, whether it be the
proposed amenities, pathway system, whatever -- its neighbors, no National Night Out
for those guys -- I'm just kidding. But it would be very difficult for those -- for those
proposed -- you know, for those homeowners to have access to the community that
you're proposing.
Breckon: I understand. This shape of property is difficult to -- to work with. They would
have to -- you know, if they wanted to get together with their neighbors they would have
to walk around the block.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Councilman Bernt's right on the one sticky part. I love the in-fill concept. To the
location of a tot lot, the southern portion seems to make more sense away from Cherry
Lane.
Bernt: Right. I agree with that.
Borton: And no -- there is no cut through traffic as designed, so it's probably the safest
place to put that for young kids to recreate. The challenge -- and this three lot eastern
portion that we are -- there is an easement, but it sounds like -- and the sooner you
figure this out the better -- there is at least some belief that the easement's been
abandoned or you might be prevented from expanding its scope to allow fire and
additional residents, which is yet to be determined, at least there is a dispute as to that.
Breckon: Well, it's an opinion that it's -- that it's -- it doesn't allow us the access that we
-- that we need. As I understand -- my opinion is that you do have access via that
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easement. I mean I believe the -- maybe Sonya could -- could, you know, shed a little
light on it, because I think it did go to the city attorney for review and --
Borton: Well -- and Madam Mayor. I don't want to necessarily debate it now. It's a
condition of approval and that little parcel is kind of the tail wagging the dog with -- with
some really good in-fill projects, it just seems -- and maybe it's a question for Nary. If it
goes forward and it turns out that this -- these three parcels don't have the access that
you think they have, does that negate the entire plat, does it hold up the whole project,
or does it prevent building permits on those three lots.
De Weerd: Mr. Nary.
Nary: Yeah. Madam Mayor, Members of the Council, great question and, again, I didn't
review the easement. I don't know who in my home did, but I mean I think Council
Member Borton has raised the exact issue. I mean the issue has to be raised by
someone else that the easement's been abandoned and that it -- and that it -- because
as far as we would know, as long as it's written and recorded it's a valid easement. So,
that hasn't been raised. I -- you know, right now it is part of the development
agreement, so if that condition fails and cannot be rectified, then, you would only have
the remedies available in the development agreement, which are the annexation or
something else and that would impact the entire development because of it. So, I would
agree. I think it's a -- it's a question that deserves an answer. I don't know that we
can answer it, unless someone were to raise that issue on whether it was abandoned or
whether it could be expanded.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: To that point is that a legal parcel? And, if so, could the DA be drafted in a way
that could de-annex -- well, it's already annexed. This has been annexed already and
so the -- the consequence of a failure to have access would only impact those three lots
on that parcel and not impact the rest of the plat. It might be not a question that we can
answer today, but --
Breckon: I guess if we can't get access to those three lots we would be glad to set that
parcel aside and go forward with the rest of the development.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Okay. So, the way I understand this, if -- without -- that's not a separate parcel.
Breckon: I believe it is.
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Milam: It is -- but you're taking a big risk asking us to approve this the way I'm feeling
right now. I think it might be better for us to continue this hearing until you can really get
a good positive idea of what's going on with that easement and make sure that it hasn't
been abandoned, because if this would mess up your entire development based on not
-- not having that access, I don't know that that's worth it. So -- and I'm just letting you
know -- and we have an option to continue this to maybe a further date to give you a
little bit of time to figure out -- to deal with ACHD and the -- and the easement, getting
that wrapped up so we really know -- have more of a solid project that we are looking at.
Bernt: Madam Mayor?
De Weerd: We could -- we could continue this until next week and you can bring the
information back then.
Allen: Madam Mayor, may I -- may I intercede?
De Weerd: Absolutely.
Allen: We have been around and around this already. Our city attorney's office, Ted
Baird, has looked -- has reviewed the easement and he believes that it is only an
easement to the existing parcel as it sits today. The condition of approval in the staff
report is worded such that we need an easement that specifically grants access to these
three proposed lots in order for us to issue building permits on them. If they can't
produce that, then, they have to either obtain a new easement that would grant access
to those three lots or they can't develop those three lots. It is a separate parcel, so that
wouldn't preclude them from going ahead and developing the rest of the property.
De Weerd: So, they have an easement for one dwelling?
Allen: That was the city attorney's determination, yes.
De Weerd: So, there you go.
Allen: And so far as -- if I -- if I may, too, I was looking at the landscape plan a little
closer in regard to the fencing question earlier. It's a little confusing on the landscape
plan. There is a closed vision fencing, as well as an open vision fencing depicted, but it
-- it doesn't appear to me that a new fence is proposed along the west boundary. There
is open vision fencing proposed adjacent to the common areas, as is required by our
code, but I don't believe there is any new fencing proposed at the subdivision
boundaries. So, if it's your desire that new fencing be required, please make sure to
include that in your motion.
De Weerd: Okay. And does that answer the question is that -- you just mentioned
fencing around the common areas, so would that be fenced up along the north end of
that by Cherry Lane?
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Allen: One moment.
De Weerd: Maybe the applicant can answer that.
Breckon: Well --
Allen: It appears there is an open vision fencing proposed at the back edge of the -- the
street buffer along Cherry Lane. The applicant can correct me if I'm wrong. And, then,
the other fencing it looks like is depicted along the rear of the building lots adjacent to
common areas and that is a code requirement. Perimeter fencing is -- is not a code
requirement, it is mentioned in the Comprehensive Plan, but it's not a requirement.
De Weerd: I'm sorry, we can't take testimony from the audience.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor. Sonya, can you pull the Google Earth back up and we
can see what's along -- between Washington. I believe that was the street that was
mentioned in an e-mail. Washington homes. I don't know if we can see if there is
fencing there or not. I was under the impression that they thought they were going to
receive fencing as part of this.
De Weerd: It is a good idea.
Borton: Madam Mayor? If I understand the question right, on the southern portion
property line of -- of your development there will be perimeter fencing, which the folks
just south of you on Washington would benefit from; is that correct?
Breckon: Yes . Okay. So, I will go ahead and -- I would like to add -- or I guess clarify
that the fencing will provide -- be provided along that south property line, as well as
along the -- the back lots of 7th Street.
De Weerd: Okay.
Breckon: You know, when I -- when I walked the site, particularly the folks there on 7th,
there is a variety of fencing and I think they would definitely benefit from a brand new
fence along that whole side.
De Weerd: And you would get -- you would talk with the property owners, so you don't
create a no man's land between the two fences; right?
Breckon: Correct.
De Weerd: Okay. Council, any other questions?
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Bernt: Madam Mayor, one more.
De Weerd: Mr. Bernt.
Bernt: Mr. Breckon, would -- would you be opposed to just -- even if -- even if that --
even if that proposed part at the bottom has an easement or not, would you be -- what
are your thoughts about just not having that part of your development at all?
Breckon: Well, yeah, I guess my thought was that it's a separate parcel and so, you
know, whether we have the -- I mean if we -- if we had the easement and we can meet
all the city requirements, great. If we don't, well, then, I guess we don't develop that
separate parcel and, you know, it is what it is. I don't -- I don't have a clear path forward
if -- if it -- I guess it lays dormant or -- or gets sold to somebody else. It's -- it's -- it's a
real little piece there that's -- it is its own parcel and it's really not -- I mean it's adjacent
to the other -- the bigger piece, but I guess I didn't see it as a tripping stone or -- or, you
know, a roadblock to -- to the overall plan, so --
De Weerd: Your feeling is whether it's allowed to develop -- if there is an easement or
not it doesn't impact the -- your proposed --
Breckon: Yes , Madam Mayor.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: It is funky in the sense that that -- it's so disconnected that you will have literally
a fence separating these two parcels, so you couldn't even walk across private property
to get to -- so, I mean it's really separate. So, to be part of it it just --
Breckon: Agreed.
De Weerd: Okay. Council, anything further? Thank you.
Breckon: Thank you.
De Weerd: If you have no further questions for the applicant or any of our citizens who
provided testimony, I would entertain a motion to close.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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Borton: Move to close the public hearing on H-2018-0018.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-C. All
those in favor say aye. Okay.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just a couple of comments. I appreciate in-fill development here. It's always
challenging to do so and there is balancing of considerations and I appreciate the
applicant's efforts to work outreach with the neighbors and try and come up with the
best solution in difficult circumstances. The tot lot concept and the argument of
Councilwoman Milan seems spot on and there is flexibility, I think the tot lot in that
southern portion does make the most sense for those reasons. Appreciate the fencing
update as well. So, I don't think we need -- that's specific enough for 1.1.7 as far as the
amenity. I think a tot lot is preferred perhaps. And that the development agreement
really is going to have to certainly articulate that language with regards to the easement,
so it's crystal clear that there is the potential that building permits might be difficult to
obtain, if ever, in light of the access issues that -- well, the one -- the one issue that
gives me any reservation in light of all of that is Councilman Bernt's comment about that
eastern portion -- the funky part that creates somewhat of a outcast parcel in this
otherwise sound in-fill development. So, scratching my head on that one.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I -- I echo the sentiments of Council Member Borton. I think it was a -- it looks
like a great development for the most part. I think I echo all those -- I agree with
bringing the -- the amenity south. I just think that this is weird. There is a -- there is a
parcel -- there is a separate parcel that's not even connected to the main parcel -- I
would be -- I would be in favor of this development with -- with -- without that portion of
the proposed development. With it, if it -- if it's -- and Mr. Breckon mentioned that it
wouldn't be a deal breaker for -- for him and his -- and his client, but going forward for
me to be -- to me -- for me to approve and to be in favor of this -- of this application I
would -- I would -- I would not be -- I would not like that southeastern parcel a part of it.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
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Milam: I agree and I guess my -- my advice would be to build a house on that
separately and don't have it be part of this -- and that could still be done, they can still
be used and -- and build on and just not be part of this development, because, really, it's
not part of this development, it's like the black sheep sister that gets kicked over and --
and stuff and as far as the amenities go, something to consider. It's really easy for me
to spend other people's money. That's not what I'm trying to do. But with the gentleman
talking about, you know, amenities for multi-generational and, yes, tot lots are great,
because kids are much more difficult to deal with and they need things to play on, but in
terms of marketability and selling these homes, you know, there are -- there are a lot of
inexpensive amenities that might be better for older generation. So, I'm not going to
force that on you, but if I was building it I would really sincerely look into something like
that, that -- you know, there is pickle ball and, you know, some -- I don't know, some
other -- horseshoes, whatever. There are some things that don't cost a lot of money.
So, it will help you sell your properties.
Cavener: Mr. President?
Borton: Mr. Cavener.
Cavener: This is sometimes what's great about local government and city council and
sometimes what is -- is a hurdle. I for one don't have any issue with developing this
outlier parcel in conjunction with the development. We see outlier parcels come before
us all the time. They don't necessarily always subscribe or have that same feel as the
development that surrounds them, but having two or three homes to me is a better use
than -- than bare land. So, I don't -- I don't particularly have -- have issue. I appreciate
the comments, but whether that comes as a separate application or comes in
conjunction with this to me seems irrelevant. I do -- as I mentioned, I'm really
challenged with -- with three lots backing up against one. I appreciate the comments
from Mr. Brown. I really value your expertise. How it looks on paper in front of us is
different to how it pertains to a resident who has -- who has lived in that house for a
number of time. So, to me I think that there is an opportunity for improvement on this.
I'm not supportive of it with those three particular pieces. It's ironic that my opposition is
different than some of the other members of the Council where I have no problem
bringing those three kind of separate pieces all by themself.
Borton: You -- Mr. Cavener, I think you bring up a good point in that if those were
carved off and came as a separate application you would have a separate application of
a three lot plat that might look just like what we have here --
Cavener: Yep .
Borton: -- with a fence between the two parcels and your end result is the exact same.
Cavener: And we are done in ten minutes.
Borton: So, point well taken.
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Milam: Mr. President?
Borton: Mrs. Milam.
Milam: I guess -- and I don't have a problem with them being there. My -- I was looking
at it I guess from a consumers perspective and if they are going to have to pay HOA
dues, they should be able to have access to whatever is in there and they wouldn't. So,
really, it has more to do with being part of the HOA than them being on the application.
I mean if they are there they are there, if they are not they are not, so --
Borton: Any other comments or is there a motion to be made on the application?
Madam Mayor?
De Weerd: Mr. Borton.
Borton: We are discussing making motions, so I'm going to make one and move it
along.
De Weerd: Okay.
Borton: I move that we approve item H-2018-0018 to include all of staff and applicant
comments, specifically with regards to the fencing and gazebo location -- or, excuse
me, tot lot location and easement issues and the development agreement components
that have been discussed on the record today.
Little Roberts: Second.
De Weerd: Okay. I have a motion and a second. Any discussion?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I have a note about the alignment of the street and crosswalk and I don't know
if that was something we were supposed to do something on or -- there was an option --
Borton: Yeah. Madam Mayor I think to -- thanks for bringing that up. To include in the
motion if it's -- there is ACHD approval and all of their conditions of approval, obviously,
are part of our approval here and to the extent there is any crosswalk connection or safe
access that's a component of their approvals, the applicant will certainly have to comply
with that as well and it sounds like the applicant is ready, willing, and able to promote
something that to effect, so all of that is included in the motion as well.
De Weerd: Second agree? Thank you. Any further discussion? Mr. Clerk, will you call
roll.
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Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: Okay. The ayes have it.
MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT.
N. Resolution No. 18-2097: A Resolution for the Re-Appointment
of Randy-B Funk as a Youth Commissioner to the Meridian Arts
Commission.
De Weerd: Council, if I could just ask for a couple minutes. We do have one of our
youth commissioners here that was reappointed this evening. Resolution 18-2097
under the Consent Agenda, Item N, and he would like to address the Council. So,
Randy-B, if you would like to come forward. You're looking smashing tonight.
Funk: Thank you.
De Weerd: Thank you.
Funk: So, I prepared a short speech if you wouldn't mind. Thank you -- I'd like to first
thank you for your time as well, Mayor Tammy and City Council. My passion for art was
formed at a very young age. I was always inspired by artists' ability to create and
interpret their thoughts and emotions through their form of artwork, whether that be
music or paintings or sculptures, et cetera. I appreciate all those art forms and respect
the time that artists put into their work. As an artist myself I get very passionate about
art and all the time they put into it. It's -- it's a beautiful thing. I'm more knowledgeable
in art and business than ever before because of my time spent on the Arts Commission
this past year. I have created many strong relationships as well through that and it's just
been a great time this last year learning and experiencing that. My fellow arts
commissioners are very talented and are uniquely smart and they are capable of great
things and I have seen this through this past year. They are very kind and always have
something to add to the conversation or the task at hand. We always work as a team
and we are very strong together and -- and creating new motions and things like that for
our amazing city. I love being an arts commissioner and I am proud to be a Meridian
resident. I'd like to thank you all for this opportunity and for all of your efforts to keep
our amazing city clean, safe, and united. Thank you.
De Weerd: Randy-B, I would just like to tell you how much -- and I'm sure Mrs. Milam
will probably chime in, but your fellow commissioners think the world of you and they
have nothing but glowing remarks to say. They have appreciated the contributions of
passion and your willingness to be the voice of our youth in the -- in the community and
I would like to, in turn, thank you for all that you did this last year and look forward to
seeing your contributions in the year ahead.
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Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: You really didn't leave much for me to say. Yeah , Randy, it's been such a
pleasure having you on the commission and I mean you just came in, you fit right in,
you just jumped -- jumped to work and -- and your -- your enthusiasm and -- and love of
art just shines through you and thank you for all that you have done.
Funk: Thank you.
Milam: I look forward to working for you -- with you for the next couple years.
Funk: Yeah . Me, too.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Last thing. There is nothing that makes me more proud than to see youngsters
involved.
Funk: Thank you.
De Weerd: And I thought he was going to compliment your bow tie, okay, because he's
a bow tie wearer.
Funk: Yeah .
Bernt: Love the bow tie, buddy.
Funk: Thank you.
De Weerd: So thank you and thank you to your parents. They are staunch supporters
of yours and -- and we can see the parents behind the successful students. So, thank
you for being here.
Funk: Thank you.
De Weerd: And thank you, Council, for letting me do that. I think that -- didn't quite
know where he fit when his item was on the Consent Agenda where he could address
you and offer is appreciation. So, thank you for that.
D. Public Hearing for Bountiful Commons Subdivision (H-2018-
0067) by TMEG Properties, L.L.C. Located at 5960 N. Linder
Rd.
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1. Request: A Preliminary Plat consisting of 6 building lots on
6.15 acres of land in the C-C and L-O zoning districts
De Weerd: Okay. Item 9-D is a public hearing for H-2018-0067. I will open this public
hearing and just to note following this item we will take a ten minute break. Is anyone
here for Item 9-H? This has been requested to continue. Just wanted to make sure.
Okay. Sonya -- Sonya -- sorry. I almost messed up. I'm so concentrating on that.
Allen: Madam Mayor, may I -- may I just note that the next application is a preliminary
plat and the following application is the final plat for the same project, so you may --
De Weerd: I will -- yeah. And that's not a public hearing, but we can consider both D
and E at the same time. I appreciate you pointing that out.
Allen: All righty, Madam Mayor, Members of the Council. The next application is a
request for our preliminary plat. This site consists of 6.15 acres of land. It's zoned C-C
and L-O and it's located at 5960 North Linder Road. This property was annexed earlier
this year as part of the Linder Mixed Use Project. A development agreement was
required as a provision of annexation. The Comprehensive Plan future land use map
designation is mixed use community and mixed use neighborhood. The proposed plat
consists of six building lots on 6.15 acres of land in the C-C and L-O zoning districts.
The applicant proposes to develop a mix of retail and office uses on the site. Access is
proposed via one access from Linder Road at the south boundary of the site and a
north-south drive aisle that serves as a frontage road to North Linder Road that stubs to
the north and south property lines for interconnectivity with adjacent development. A
cross-access easement is required to be provided between all of the proposed lots and
to the adjacent properties to the north, west, and south. And 35 foot wide landscape
street buffer is required along Linder Road, an entryway corridor, as proposed. A ten
foot wide segment of the city's multi-use pathway system is required within the buffer. A
25 foot wide buffer to residential uses is required with lot development to the residential
properties to the east. A condition of approval, Number 1.17 recommended by the
Commission requires the applicant to submit an exhibit depicting proposed fencing and
landscape berm combination with the final plat application. Because this was a topic of
discussion at the Commission hearing, staff recommends the Council make a decision
on the buffer requirements with this application, rather than with the final plat
application. The applicant -- so, the -- the drawing here before you is what was
requested by the neighbors and, then, the applicant has submitted two different
concepts that are shown here at the bottom right-hand corner for the buffer, neither of
which have a fence and berm combination as recommended by the Commission.
Option one depicts a three foot tall berm and no new fencing and option two depicts this
new six foot fence with no berm. The applicant would prefer the first option.
Conceptual building elevations were submitted for the proposed development as shown.
The Commission recommended approval. Trevor Gosser, the applicant, testified in
favor. Joe Marshall, Barbara and Leonard Badigian and Wendy McKinney testified in
favor. No one testified in opposition and no one commented. Written testimony was
received from Greg Reynolds. Joe Marshall submitted a petition with six signatures
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requesting a CMU fence built on top of a three foot tall berm and landscaping consisting
of a mix of evergreen and deciduous trees within the 25 foot buffer to residential uses at
the east boundary to be constructed at the beginning of construction of the site, rather
than with lot development. Key issue of discussion was the landscape berm and
fencing along that east boundary. Key issues of discussion by the Commission where
the coordination of the berm and/or fence buffer between the subject property and the
residential subdivision to the east. The Commission made changes to the staff
recommendation as follows: Recommended the middle of an exhibit depicting
proposed fencing and landscape berm combination with the final plat application and
modification to condition number 1.15 to allow one building permit to be issued prior to
recordation of the plat. And the only outstanding issue for Council tonight is the
determination of what type of buffer should be required along that east boundary
adjacent to residential uses. No written testimony has been received since the
Commission hearing.
De Weerd: Okay. Council, any questions for staff?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Sonya, B-1 looks like a spite strip fence-to-fence gap. Am I looking at that
correctly?
Allen: Madam Mayor, Councilman Borton, Councilmen, they -- the property line is
approximately two plus feet -- let me start over. The existing fence in the residential
development is approximately two feet off of the property line.
Borton: Right.
Allen: So, if a new fence is required on this property line there would be a strip that
would not be great for weeds, people hanging out, that kind of thing. Unless the
applicant -- or the neighbors agreed to remove their fences, which would be in their best
interest to have a little larger lawn area or yard area, but that -- unless they all removed
the fence that would create a problem.
Borton: It certainly would. All right.
De Weerd: Any other questions for staff at this time this? Okay. Is the applicant here
this evening? Good evening. If you will, please, state your name and address for the
record.
Gosser: It's Trevor Gosser. 74 East 500 South, 2200, Bountiful, Utah.
De Weerd: Thank you.
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Gosser: Madam Mayor, Council Members, thank you for letting me come before you
and present my Bountiful Commons Subdivision proposal here. You know, I'm coming
forward just to plat six lots -- commercial lots. Two L -O zoned and four zoned C-C. I
am in approval with all of staff's comments. Really what we are here discussing is the
landscape barrier in the back where I abut to the Paramount Subdivision. That's -- I
think it's R-8 is -- is what that zoning is there and in the Planning Commission meeting I
was given a proposal from the neighbor five minutes before the meeting, so I -- I have to
say I wasn't so prepared for -- for that -- for that request and while we were talking with
the Planning Commission I was against building a CMU fence that's six feet tall across
the whole back wall there. I felt like that was -- was above and beyond what is required.
What is required is just a 25 foot landscape buffer and so I -- you know, they -- one of
the commissioners -- I can't remember which one -- was requesting that I do something
other than just the 25 foot landscape barrier and I said, you know, maybe a combination
of a fence and a berm and -- anyways, since then I -- I went and looked at the
surrounding developments that are closest to my development and you can see here -- I
don't know if you see this, but on the northwest corner of McMillan and Linder there is a
new property that has been developed, a commercial property there right on the corner,
and it's -- Fancy Freeze is one of the tenants and Tin Tacos, which is really good, by the
way. I love that place. And so I went and looked to see what they had done and this is
actually C-G. My -- my zoning is C-C, so it's a little less intrusive, I don't know, against
residential, but they had -- they had just provided a three foot berm and it's -- they --
they didn't put in any new fencing to my knowledge. It looks like it's just the original
fencing from the -- the residential development and, then, if -- if you scroll down or I
guess maybe I can scroll down here. Okay. There we go. I went and looked at -- I was
afraid this was going to happen. I went and looked at another property nearby. Let's
see here. Oh, my gosh.
Allen: Want me to do it for you, Trevor?
Gosser: Help me. Which is the southwest corner of Chinden and Linder and it's a new
Dollar Tree that was built. It as well is zoned G-C and it up -- it butts up against an R-4
zoning and they just have put in -- it looks to me as a three foot berm and no new
fencing. It's the original fencing from the subdivision developer and so, you know, what
I would like to propose is -- is putting in a berm similar to my peers or the other
developers -- a three foot berm and that 25 foot landscape barrier as -- as my buffering
up to the property. I have proposed another proposal that would be no berm and I
would install another six foot fence on the property line and, then, the residents could
choose to take down their fence if they want, but like Sonya said, that -- some might not
want to do that, they will -- they would have to extend to that one or else will have gaps
with their neighbors, that two feet stretch there, so, you know, I kind of left that open, but
presented another option, so -- so, I will see if you guys have any questions.
De Weerd: Okay. Council, any questions? Not at this time.
Gosser: Okay. Thank You .
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De Weerd: Thank you.
Coles: Madam Mayor, we had a few signups this evening. First was Barbara Badigian,
signed up as neutral with no indication of testimony.
De Weerd: Good evening. Thank you for sticking around. If you will, please, state your
name and address for the record.
Badigian: Thank you. I'm Barbara Badigian. I'm at 5965 North Arliss, Meridian.
De Weerd: Thank you.
Badigian: And our property backs up to his project. What he's not saying, though, there
is a difference in the elevation for where we are and where his property is. So, if he just
puts a berm there it's lower and if he does -- if he brings it -- just puts a tree there it's not
going to do anything for us. So, I'm just trying to clarify that a little bit. So, we have
some -- you know, it just -- I have been -- we have gone along with him. He's done a
nice job with what he's doing. He went along with the neighbors and stuff, but he said
he was -- you said that he was supposed to talk to the neighbors. He did not. So, I
don't know where that goes either. So, I just wanted to put my little two cents in.
De Weerd: Thank you.
Badigian: Thank you.
De Weerd: We appreciate you being here.
Bernt: Madam Mayor, I have a question for --
De Weerd: Barbara, we have a quick question.
Bernt: So, it -- are you -- are you requesting a -- a fence?
Badigian: Yes.
Bernt: Okay. So --
Badigian: A fence and a berm.
Bernt: All right. So, if he put up -- if he puts up a fence are you taking yours down?
Badigian: Yes . I guess. Just what -- yeah. Also that our property is not where it should
be. There is at least two or three feet between our property and the property line and it
shouldn't have been that way, but it was put that way.
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Bernt: Have you spoke to your neighbors? Are they willing to take down their finances
as well? Do you have any idea?
Badigian: I can't hear you.
Bernt: I said have you been able to speak to your neighbors in regard to the fence
issue? Would you -- would you all be willing to take down your fences?
Badigian: Well, we -- I mean this is what we wanted to do is have a berm and a fence.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I think -- I'm just a little bit confused and I'm -- I hear you. I'm not certain exactly
-- so, the property where this -- this application is is lower than your property.
Badigian: Yes. Right.
Milam: So, it puts a three foot berm and if you put a fence --
Badigian: It's just going to come up to where my --
Milam: It will be the same -- well, if his property is lower and it's towards him, it's
actually going to be lower than your fence.
Badigian: Yes . You're right.
Milam: So, it's actually going to do you a disservice.
Badigian: Say again?
Milam: It will be a disservice to you, because you would have a lower fence than what
you have now.
Badigian: That's right. Well, no, I don't want to take my fence down. I shouldn't have
said that. But, yes, I think something needs to be done, though, so that it -- there is not
the noise nor anybody looking down in -- because they are going to put a two story
building right behind my house. Now, can they look down into my backyard? I think so.
Milam: But I think that a fence that's similar to yours, but -- and lower ground isn't going
to help you with noise or sight.
Badigian: No. But something has to be done to rectify it --
Milam: Right.
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Badigian: -- bring it up or -- or something.
Milam: I understand. I'm just trying to think of like what a solution could be. Okay.
Thank you.
Badigian: Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just to cut to the chase for me, there is no scenario where a fence makes
sense. You will always have the risk of two fences and --
De Weerd: And a no man's --
Borton: -- a no man's land and removal of a fence with this proposal, with great
intentions, now invites the private property owners to utilize the eastern portion of the
developer's parcel, which is the backside of the berm. So, I think the intent I get, but I
don't think there is any solution where a fence is appropriate. It may be a discussion on
the matrix of what berming, you know, would still satisfy the same privacy concerns,
sound mitigation, you know, the reason we have 25 foot. Oh, I'm sorry. So, briefly I
didn't think there was any scenario where a fence -- a second fence ever made sense.
Great intentions behind it, but it --
De Weerd: We can't have a dialogue.
Borton: I was just going to explain a position of a second fence will never work. It will
only cause unforeseen problems forever with a strip between two fences. So, the
solution to this real problem might be trying to address the landscaping or the size of the
berm to facilitate the privacy and sound mitigation that our code tries to address, so I
don't know if that's helpful or not, but there is no fencing -- this circumstance doesn't
work.
De Weerd: Mr. Clerk.
Coles: Madam Mayor, Leonard Badigian also signed up as neutral, with no indication of
testimony, but he's walking up to the podium.
L.Badigian: My name is Leonard Badigian. I live at 5965 North Arliss Avenue.
De Weerd: Thanks, Leonard. Can you push the -- the microphone closer?
L.Badigian: Yes.
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De Weerd: Thank you.
L.Badigian: I can't talk too loud.
De Weerd: That's okay.
L.Badigian: Anyway -- you want me to say it again?
De Weerd: No. You're good.
L.Badigian: Oh. Okay. Yeah. My wife was under a misunderstanding. We are -- we
are going to take the fence our -- or we are going to move our fence out regardless.
Borton: To the line --
L.Badigian: Yeah. To the property line, because his fence would have to go with the
CC&Rs. Our is going to have to -- we could only go six feet up. we are three feet
higher than the other property and the reason -- the reason for being three foot high is
there is -- the gentleman that owned the place had an irrigation canal running there,
so when -- when we bought it we just bought bare land. We went back to California and
came back when it was finished. Well, the -- the canal was there at the time. No
disclosure or anything. We didn't know. We didn't know, as a matter of fact, until he
moved his irrigation canal in about two years ago maybe, over a year ago, and, then,
two feet of our property -- or two and a half feet -- I don't -- I didn't measure it. I didn't go
back there, but is -- it's higher than his property by -- by two to two and a half to three
feet. We figure if there -- if we leave it there is going to be that area where they could
climb -- climb a berm or climb a fence. It doesn't matter. We don't -- well, we don't
really care about the building that he's building, okay? We -- we didn't fight it at all -- the
thing, but it's only 25 feet away and it is two story. We want a fence naturally that's at
least as high up as our property -- as our fence and that's -- that's about it. And I -- I
would like to know another thing. Are there any applications filed for this property as far
as buildings or businesses or anything?
De Weerd: They can't even apply for building permits until the land is entitled.
L.Badigian: Oh. Okay.
De Weerd: So, this is the first step and, then, that would be this --
L.Badigian: I was wondering if we are a little ahead of ourselves.
De Weerd: No. This -- this is the order of how it typically happens.
L.Badigian: Oh. Okay.
De Weerd: Yes.
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L.Badigian: Okay.
De Weerd: So, you -- Leonard, you're saying that you would be moving your fence to
two feet to the property line.
L.Badigian: To our property line.
De Weerd: Or if we asked the -- the applicant to build a fence would you agree to
having them build on the property line?
L.Badigian: Having him build his berm on our properly line?
De Weerd: His fence.
L.Badigian: Well, not necessarily. He could build it on his property line. It's just going
to be two fences like that.
De Weerd: Yeah . That --
L.Badigian: We don't want no -- no space in between it where kids or somebody -- I will
say kids, but I shouldn't have. It's profiling. Anyhow. But if they did climb -- if they
climbed in between there they could -- they could cause a lot of damage or step from
one fence to the other fence and in. We do know the kid thing.
L.Badigian: Yeah. But that's about it.
De Weerd: Okay. Well, thank you for your testimony.
L.Badigian: Thank you.
Allen: Madam Mayor, may I clarify one item, please?
De Weerd: That would be awesome.
Allen: This is a little abnormal, whereas they do have a legal parcel here, so they are --
as the conditions are written the applicant is allowed one building permit prior to final
plan recordation. So, I just wanted to correct that on the record.
De Weerd: And, then, one building permit prior to -- but they need to approve it
tonight --
Allen: It's one building --
De Weerd: You had one prior to today -- this application?
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Allen: Now, what I was saying is is typically we won't allow any building permits to be
issued until the final plan is recorded, until they have a legal lot, but in this particular
case as it sits today they have one legal parcel that they can obtain a building permit on
and the applicant has requested to be allowed to do that. So, as the conditions are
written currently they are allowed to get one building permit prior to the plat recording.
De Weerd: If it's approved tonight.
Allen: It has nothing to do with the subdivision plat before you tonight. Unless you
choose to make them record the plat prior to issuance of a building permit, but there is
no legal reason to do that, unless you just prefer to do that since they are requesting a
plat. Does that makes sense?
De Weerd: I think I'm following you.
Allen: Okay. And then --
De Weerd: It doesn't matter if I am, it matters if Council is.
Allen: And, then, just one more note in residential districts that maximum fence height is
six feet, but in commercial districts the maximum height is eight feet. So, that might
also be a consideration, since there is a grade difference there that might help the
neighbors out. Thank you.
De Weerd: Appreciate that. Okay. Mr. Cl erk.
Coles: Thank you, Madam Mayor. The last sign up is Wendy McKinney in favor, with
no indication of testimony.
De Weerd: Okay. Those are the names that signed up. Is there anyone else who
would like to provide testimony? Would the applicant like to respond and wrap this up.
Gosser: Trevor Gosser. Address, too?
De Weerd: No. You're fine.
Gosser: Okay. So, the elevation difference that's going on here that they are
discussing is a gravity irrigation system that's been in place to -- you know, to water the
-- you know, their -- their farm and everything east to west and so that's why there is like
a two foot ditch right there. It really isn't like a whole property, it kind of goes under just
for the gravity flow and for everything to flow down and so I would fill that ditch in and I
would put the berm at least -- at three feet taller than the bottom of their fence, if that
would make them feel better. You know, just -- I would do that and that's what I was
planning on doing was filling in that ditch anyways, because I got to get rid of it and --
and so that's what I would propose. And the fence was put in -- that whole fence line
was put in by the residential developer and I don't know why they -- they put it two feet
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off the property line, but they did and I don't think it was my -- this -- the owners of the
property that I'm working with I don't -- I don't think it was them that actually did that, it
was -- it was the developer of the residential.
De Weerd: Interesting. Okay. Any questions for the applicant?
Borton: Madam Mayor? Was there -- during your neighborhood discussions --
Gosser: Oh. And I wanted to --
Borton: Oh.
Gosser: I'm sorry. Please. Go ahead. I -- you reminded me of something.
Borton: I'm intrigued.
Gosser: I did reach out to Mr. Marshall, who was the one who proposed the CMU
fence. I sent him two e-mails, one on the 9th and one on the 14th, with a proposal,
asked if he would meet on the 14th when I was in town and I didn't get any response
and he has responded to me in the past via e-mail and that was -- that was our
communication in the past was via e-mail, so -- and he was the one that was adamant.
I'm surprised. You know, I thought he would be here tonight. He must have had
something. But I did reach out to Joe, who was the one who was putting the petition
together and -- and asking all the residents to provide their signature.
De Weerd: Okay. Anything further from Council?
Gosser: And I -- I -- I feel like I just need to say this, too. So, you know, this -- before I
came in with the Linder Mixed Use project and I brought it in half commercial, half multi-
family and the residents came out and were not in favor of the multi-family. I'm sure you
guys probably remember. But I think it was more on the Planning Commission side, but
you probably heard about it. Anyways, I really tried hard to work with the neighbors. I
really have. You know, a CMU fence is -- I feel like is above and beyond. Plus I have to
bring sewer from the middle of Cayuse Creek all the way to my site, because the
developer to the south didn't bring it to and through and design it to -- to meet my
property. So, I am here bringing sewer all the way down Linder 500 feet, which is a
huge cost for my development, and so I'm just trying hard to -- to keep my costs in
check, because they have kind of gotten out of control with the sewer issue. So, I would
-- I would just ask you to keep that in mind, too. Do you have any questions for me?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Or -- I don't know -- for staff I would like to know how are -- or, yeah, how did
that happen and we have a policy that's to and through and that -- it should not -- the
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whole point is that it's not on the burden of the next property, but I do have a question
for you. I don't know the cost of a berm, so I'm not going to -- but, you know, it -- it
would be outrageous to make it a little higher than three feet? Four feet or five or six,
seven? I don't know what --
Gosser: Well, just -- just where the berm would go I'm filling in the ditch. So, you know,
we are talking, I don't know, five feet right now what I'm going to do to fill it in, plus give
them that three foot berm and I'm looking, too, just at what the adjacent developers
have done and, you know, the Fancy Freeze is a drive through, 30 -- I don't -- 40 feet
away from the residents they have a drive through right there and that -- that was all
that was put in. You know, I mean -- I would think that one should have been required
to have a higher berm. I'm putting -- I'm selling this back parcel to a dance studio and
so to me it's a low impact use and so I guess that's just -- I would prefer just to put in a
three foot berm.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: And what is the distance from their property lines to your -- your first building or
-- like you said, the Fancy Freeze is 40 feet. What is your distance?
Gosser: Well, I'm not developing that site, so I -- I'm a land developer. I'm selling the
back parcel to a dance studio -- to the actual use and they will be building it and what --
the plans that they have shown me, these could changes as they are pushing it closer
to Linder Road, so they have visibility from Linder Road.
Milam: Right. Makes sense anyway. Okay. Thank you.
Gosser: Uh-huh.
De Weerd: And, frankly, you don't want the berm too high, because, then, you can get
the same kind of concern of what someone's going to do behind the berm and be in
front of the fence. So, it is a balance. Would you be willing to put in an eight foot fence
and coordinate with the -- the neighbors, so you don't have the dual fence thing going
on?
Gosser: Will you put in my sewer for me?
De Weerd: No. Just saying. No.
Gosser: I feel like six feet -- it seems -- you know, I look at the other developments and
I feel like six feet is -- is adequate and what -- you know, I'm trying really hard to keep
my costs where -- to not get out of control, which they already have gotten out of
control.
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De Weerd: Well, I think one reason staff would like Council to weigh in on this is
because this is -- with the neighbors and the decision makers -- and it doesn't put them
in a situation where they have to just look at minimally what complies.
Gosser: Sure.
De Weerd: And sometimes that's the situation they are put in.
Gosser: But minimal is -- is 25 feet of landscaping. That is -- that is what code is. That
is all that I'm required to do. And so putting in a berm is going above, I believe. Or I will
put in a six foot fence at their level, two feet, so they can gain that two feet if they want
it.
De Weerd: Yeah. I wasn't talking a berm and a fence, personally.
Gosser: Okay.
De Weerd: I was just asking if you would do a higher fence, if Council wanted the
fence.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: First of all, I -- and I agree with what you're saying, if he's going to put a fence
in, a six foot fence on their property, is -- is, in essence, as an eight foot fence on his
property. Putting it on the property line; right? I think what -- asking that -- I don't know,
how many neighbors are there, because I think that --
Gosser: Four.
Milam: How many?
Gosser: Four.
De Weerd: Four.
Milam: Four.
Gosser: They all here?
Milam: Yeah. If they are all here and ready to -- to commit to that, I think --
De Weerd: Well, one is.
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Milam: One is. But if all four don't -- we already said we can't put a fence and they
don't want him to put a fence on their property line, which means he has to put it on his
property, and we can't force somebody to take their -- it just sounds like a whole group
of trouble to me.
Borton: Madam Mayor?
De Weerd: I agree. Mr. Borton.
Borton: What sounds like a collective compromise would be one of two options. Three
foot berm as a component of your 25 foot landscape buffer, or, Option B, a six foot
fence on the property line coordinated with all property owners for the removal --
probably at your expense -- of their fence and they would utilize your new six foot fence,
either A or B, to be the condition of -- of approval. That -- did I paraphrase what it
sounded like you were prepared to do?
Gosser: Oh, if -- if I have -- then there is the two foot extension to -- from each property
owner. The new clients as well.
Borton: Madam Mayor. Are you talking about the north and southern portion, the little
two foot --
Gosser: Well -- so, they are -- they are two feet off the priority line.
Borton: Right.
Gosser: So, if I do it two feet, just where the property line exists, then, they will all have
a two foot gap where their -- you know, where the fence is --
Borton: I assume the two foot gap would be filled by you in accordance with the rest of
the six foot fence, because everyone has a common interest to make this work.
Gosser: Sure.
Borton: Or the berm. I mean if you didn't do it -- I guess the berm is not an option.
Gosser: I mean I would -- I would prefer to do the berm is what I would prefer.
Borton: Me either.
De Weerd: Well, thank you.
Gosser: But I will yield to you guys.
Borton: And Madam Mayor? I don't -- I -- I didn't make the suggestion in that regard, it
was more of a -- providing flexibility for you --
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Gosser: Sure.
Borton: -- to look at that.
Gosser: No. I was kind of proposing that -- you know, either a six foot fence or a three
foot berm, you know. I was -- I wasn't -- I was going to have the residents do their part
to take down their fence and extend to the new fence is -- is what I am proposing.
Borton: Madam Mayor? That would be for you and the neighbors to figure out, but the
only condition -- if the fence option was the selection that there is not two, it's only an
option if the removal of all four fences -- whoever is paying for it --
Gosser: Yeah.
Borton: -- it all has to come out or that option doesn't exist, because you --
Gosser: Okay.
Borton: -- under no circumstances can there be two fences.
Gosser: Yeah.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Can we approve it with this or this? These are your two options. You figure it
out, go work it out with the neighbors and if you guys can work it out or that -- if you
can't, then, you put a berm.
De Weerd: Just make a decision.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: We have spent significant time this evening in the weeds. I do not see any
reason why we need ask or require the applicant to go engage four homeowners about
their willingness to dispose of their fence or not. We require the 20 foot landscape
buffer. The applicant is saying in addition to he will do a three foot berm, why we want
to engage four homeowners about whether they want their fence down and who wants it
down -- we could just get ourselves into so much trouble that inevitably we are going to
have three homes without a fence and one home with a double fence and everybody is
going to come back here upset with us. I appreciate the applicant's willingness to
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accommodate both the Council and the public. Unless there is any other comments, I'm
happy to close the public hearing.
De Weerd: That would be awesome.
Cavener: Madam Mayor, I move we close the public hearing on Bountiful Commons, H-
2018-0067.
Milam: Second.
De Weerd: All those in favor say aye.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I -- I was on the Planning and Zoning Commission when this -- when this first
application -- application came and I will have to say that Trevor has made some
serious accommodations to the -- to the local residents in that area. When it was first --
when they first spoke about it -- I mean it was multi-family and much more dense than
what we are talking about now and I have to congratulate you and thank you, Trevor, for
doing such a great job and actually taking the time and effort to speak to these -- to
these residents. Now, that doesn't mean that they are going to agree with you one
hundred percent, that's never the case, but I would have to say that you have came
pretty dang close. Going forward I -- I am not supportive of any fence coming down or
being erected for the 25 foot buffer, plus the three foot berm that Trevor proposed.
Milam: Is that a motion?
Bernt: Sure.
Borton: Second.
Bernt: I guess that was a motion.
De Weerd: Could you just make it again.
Bernt: Sure.
Milam: Anything else we need on --
Bernt: Yeah. Is there anything else that --
Cavener: Yeah. The 1.15. I don't know if you're including that or not.
Bernt: I'm trying to figure out --
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De Weerd: When he makes his motion he will.
Bernt: Okay. Yeah. I got it. Madam Mayor, I move to approve H-2018-0067 with a
modification to condition 1.1.5 to allow one building permit to be issued prior to
recordation of the plat and along with that the developer will include a three foot berm to
separate the two properties with no fence being taken down or being put up with a 25
foot buffer.
Milam: Second.
Borton: Second.
De Weerd: I have a motion and a second. Any discussion?
Cavener: Talk about a fence?
De Weerd: No. Mr. Clerk.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
E. Final Plat for Bountiful Commons (H-2018-0084) by TMEG
Properties Located at 5960 N. Linder Rd.
De Weerd: Thank you to the neighbors. Okay. We are going to take a ten minute
recess. Oh, yes. Let's do E. Council, do I have a motion on 9-E?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move we approve 9-E, H-2018-0084.
Milam: Second.
Borton: Second.
De Weerd: I have a motion and a second to approve 9-E. Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
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MOTION CARRIED: FIVE AYES. ONE ABSENT.
(Recess: 8:48 p.m. to 9:00 p.m.)
F. Public Hearing for Creamline Park (H-2018-0051) by Volante
Investments, LLLP Located at 1480 W. Franklin Rd.
1. Request: Amendment to the Comprehensive Plan Future
Land Use Map to Change the Land Use Designation on 8.06
Acres of Land From Mixed Use-Community to Industrial; and
2. Request: Rezone of 8.74 Acres of Land From the C-G to the
I-L Zoning District
De Weerd: Okay. Let's go ahead and start this meeting. 9-F. I will open the public
hearing for H-2018-0051.
Allen: Madam Mayor, Members of the Council, the next applications before you are a
request for a Comprehensive Plan map amendment and a rezone. This site consists of
8.06 acres of land, zoned Z-G, located on the north side of West Franklin Road just east
of Linder Road. This property was annexed back in 2006 and included in the
subdivision plat for Creamline Park Subdivision. A development agreement was
required as a provision of annexation. The Comprehensive Plan future land use map
designation currently is mixed use community. The applicant is requesting to amend the
future land use map to change the land use designation on approximately 8.06 acres of
land from the MUC to the industrial designation. The amendment is desired so that the
applicant can develop industrial rather than commercial uses on the property. Much of
the area between Ten Mile Road and the city's east boundary just west of Cloverdale,
south of the railway corridor, consist of industrial uses with some commercial uses
fronting on Franklin Road. The applicant's request is based on the adjacent industrial
zoning and uses to the north and east and the shortage of light industrial property in the
city. A rezone of 8.74 acres is also proposed from the C-G to the I-L zoning district,
consistent with the proposed future land use map designation of industrial. Although no
development is proposed at this time, the applicant plans to develop the site with a
warehouse and/or flex space type uses, which are listed as a principal permitted use in
the I-L zoning district. There is an existing development agreement for this site that
governs future development. Because this property is zoned C-G and was previously
planned to develop with commercial uses, that development agreement does need to
be amended consistent with the proposed zoning and industrial use of the property.
The Commission recommended approval. Brad Miller, Van Auker Properties, testified in
favor. He's the applicant. And no one testified in opposition or commented. Written
testimony again was received from Brad Miller, Van Auker Properties. There was no
discussion by the Commission and there was no changes to the staff recommendation
or outstanding issues for Council. No written testimony has been received since the
Commission hearing. Staff will stand for any questions.
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De Weerd: Counsel, any questions? Does the applicant have comments? Good
evening. If you will, please, state your name and address for the record.
Van Auker: Good evening, Madam Mayor, Members of the Council. Ron Van Auker, Jr.,
3084 East Lanark Street in Meridian. And as staff has commented, we have owned this
property for 12 years, developed the acreage to the north into light industrial space. It's
a hundred percent occupied. We need this land to complete our development there and
as has been said, the commercial designation really hasn't developed in the past 12
years, so we would like to change zoning and put something on the market that's a little
more leasable, so -- that serves the market. With that I will stand for any questions and
just ask for your approval this evening.
De Weerd: Thank you, Ron. Council, any questions?
Bernt: No questions.
De Weerd: Thank you.
Van Auker: Thank you.
Coles: Madam Mayor, we did have one sign up this evening. Steve Berardinelli, who is
signed up as neutral, but wanting testify.
De Weerd: Okay. Steve. Good evening. If you will, please, state your name and
address for the record.
Berardinelli: Good evening. Steve Berardinelli. 1108 West Crestwood, Meridian.
De Weerd: Thank you.
Berardinelli: So, we have been out of the country in Italy and come back and seeing
some of the transitions and in visiting with some of my neighbors in the last few weeks
most of them are elderly, a few younger couples, plan to stay and die there and give it to
their kids. We border Franklin right across the street from the applicant and that street
has taken its toll on central valley homes from the expansion of the road, removing the
backyards, adding the extremely tall fencing, additional noise. I personally feel that we
have had enough done to us trying to get a night's sleep with -- our backyard has gone
from 17 feet down to 11 feet with the road expansion and the main bedrooms on all the
houses on Crestwood have four to five foot backyards with their bedrooms sitting right
on that street already. The road crews break the windows all the time. We have had
sliding glass windows broken every single year that HD --
De Weerd: ACHD.
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Berardinelli: Thank you very much. Has replaced our windows and will continue to do
so, but there is something about being in the middle of winter and having your window
broken out and just having anymore larger trucks coming in and out of there, keeping
people in that neighborhood and myself, my mother-in-law being woken anymore during
the night is kind of a little unsettling. I'm sure it's going to be good for property values
down the way. They think that's kind of why the designation of the properties were set
there were commercial and there is -- there is commercial development coming this
way. I think commercial is an appropriate zoning to protect that whole community on
the other side of the street coming in from the backside of Linder there. Those industrial
units that he has are all the way in the back. There are, I don't know, I would guess
over 1,500 feet, 2,000 feet setbacks and they are well over an acre where those trucks
come in and out for the laundry facility that's currently there. I think it's AmeriPride. So,
I would ask your respect for the people that live there and your thoughts and I'm a
temporary resident there. I live in two places, unfortunately for work and nobody is
amore supporter of industrial than myself. I have a two truck company, so our industrial
places seem to be shrinking and shrinking, but I don't think I would want to put
something up against a residential neighborhood as large as central valley area there.
De Weerd: Thank you.
Berardinelli: There are lots of homes that need protecting. Thank you.
De Weerd: Council, any questions?
Cavener: Madam Mayor?
De Weerd: Steve?
Cavener: Steve, would you mind answering a couple of questions? Thanks for being a
part-time resident coming and testifying on this issue. I appreciate it. I just want to -- I
was trying to kind of follow along with your comments about your concerns and -- and
I'm not sure -- is it the trucks or noise or just that its industrial in general that -- that has
caused you some grief?
Berardinelli: The grief is caused by expanding Franklin Road from back in the -- the
grief comes from expanding Franklin back in the day and taking away the personal
property of the people that live there, so that we could expand the road and I think the
consensus of the -- everybody, the neighbors and the homeowners association is that
went along without a lot of fight, but to bring more trucks -- to bring a tow truck through
there and wake up my neighbors would not be acceptable for me as a business owner.
I would not approach you and buy a piece of land and want to change the zoning so I
can bring my tow trucks in there in the middle of the night -- towing for the City of
Meridian to wake up those people. You wouldn't approve it anyway. I would hope you
wouldn't approve it. Those homes were there before that and those people have a right
to live their -- their lives there.
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Cavener: Madam Mayor. Is -- do you mean tow trucks along -- in your example tow
trucks on Franklin? Because -- and maybe I'm not seeing things right. Your
neighborhood is separate from --
Berardinelli: These lots are right on Franklin. Right across the street is my house.
Cavener: Right.
Milam: On Franklin.
Cavener: On Franklin.
Berardinelli: And there is one, two, three, four, five, six some odd homes there that
those trucks will be coming in and out of those -- those driveways, that one street or two
streets that might be there -- who knows what -- you can't say, I can't say when those
trucks -- you can't dictate to that industry what -- what they can do. You could have a --
you could have a coin crusher if it got permitted there that's running only at nighttime.
You know, I don't know where -- you know, where it stops, because those people's
homes have been there -- our homes have been there for a long, long time and I think
there is plenty of businesses that would enjoy -- I would enjoy putting an office and an
auto repair shop there. I think there are plenty restaurant establishments that would
love to go in there. I think that land has a great value as commercial and we have
enough industry -- industry coming in on that -- trying to come in on that street.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: And -- and I will ask Mr. Van Auker if he -- he may have some idea of what type
of tenants will be in there, but the -- but the thing is right now it's zoned commercial and
I know it's fun to think of commercial as these nice little mom and pop shops, but you
could also put apartments in there. You could put --
Berardinelli: Apartments -- apartments, though, would be more proper than a towing
company or a light industrial stamping company.
Milam: Right. Or a store that requires big semis to come in and do deliveries. I'm just
saying maybe he has an idea that -- he doesn't have a lot of other places. So, you
might have people lined up for it and he might have some kind of idea what type at least
-- and maybe not, but I'm hoping that -- that -- I'm just saying commercial isn't safe
necessarily either.
De Weerd: Well -- and typically industrial properties have less traffic and --
Berardinelli: Not small traffic, less --
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De Weerd: Less trips. Less trips.
Berardinelli: Okay. More large traffic.
De Weerd: Not always. But not in --
Berardinelli: I have four locations within Boise, McCall, Donnelly, and every one of them
is an industrial area and I fail to see a Honda drive through there, other than an
employee. My tow trucks run in there 24/7. They pull wrecks in. Cars dropping parts
off. I have police coming into the lot in the middle of the night searching them.
De Weerd: I guess I missed -- I didn't know that he was proposing a tow truck
company.
Berardinelli: No, he's not. I have a tow truck company.
De Weerd: Oh. Okay.
Berardinelli: So, I know what goes in industrial and I'm saying I wouldn't be asking you
to put an industrial -- change from commercial to industrial for my benefit when you
have all those homeowners there. I would not expect it.
De Weerd: Okay. Thank you, sir.
Berardinelli: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony? Sir. Good evening. If you will, please, state your name and address for the
record.
Eller: Good evening. My name is Nick Eller and I'm at 851 West Honker Drive in
Meridian and I will be quick on this one. I'm actually here for another issue, but this is
on the other side of our subdivision and this -- this project, one thing that I look at is
Meridian is growing in this area, it's -- it's been slow in this area, everything has been to
the north, the whole Linder Village off Chinden, that -- that's been a big focus, but when
you look at satellite growth it has been very slow and now growth is starting to end up at
Ten Mile and Franklin, which I know this developer has had some issues renting this out
in the past, but it's growing and I think -- I think the mixed use for this property is the
right designation. It might take a little bit more time, but it's coming. Most of the
buildings that are currently there are concrete tilt up. They are not the nicest looking
and I think if we allow more concrete tilt ups along that frontage of Franklin we are going
to regret -- regret it later. Currently there is nothing near that subdivision -- I'm not sure
how many houses are in that subdivision there, but there is more coming. We have got
a -- on the agenda tonight -- tonight additional houses and apartments coming. Ten
Mile there is additional apartments and -- and multi-family housing coming down there,
but there is no places to really eat in that area. No retail. Something that I would look
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forward to is something that we discussed earlier today is the Fancy Freezes, you know,
some restaurant. One of the things that I love is -- I go to the gym across the street.
There is no parking, anything like that. The newer gym, if -- if Van Auker can work on
getting that tenant to move across the street and create a bigger gym it would be
perfect. There is a lot of people that go all the way from that subdivision and the near
subdivisions down to Meridian Road, down to Eagle Road. You know, my nightly -- I am
a single guy, so I can go down to Eagle Road and, you know, find a place to eat, but
that's where I end up driving. I -- there is not really a whole lot going on in downtown
Meridian. It sounds like it's coming, but, like I said, that growth is starting to come this
direction and I think mixed use is the right designation. To reiterate, if we allow another
concrete tilt up along that whole frontage we are going to regret it later and wish that it
was mixed use and so that's my thought. I think the time is coming. In the past that
growth wasn't there, but I think it's here. Thank you.
De Weerd: Thank you. Any further testimony? Thank you. Council? Oh, I'm sorry, Mr.
Van Auker.
Van Auker: State my name again for the record?
De Weerd: Yes , please.
Van Auker: Ron Van Auker. 3084 East Lanark in Meridian. I appreciate the comments.
Like I said, we have owned that property for 12 years now. We are -- we have no
vacancy in the area and, you know, we are kind of -- we are ready to develop that -- that
property and we have got some options that come with the light industrial zone and flex
is a product that would work great in our opinion for that -- for that land and there is
certain things that aren't heavy industrial that you can do in a flex type zone that we --
we would explore and we are speculative developers to -- to speak to Councilman
Milam's comment. So, right now we don't have tenants that are lined up for that
property, but our thought process would be to build something there and wait for them
to come and my vision -- or our vision for that property is something a little more trendy
type industrial than what we have seen built to the north. We have got four smaller lots
not -- not large lots to put a big footprint building on, so, you know, I think we are -- we
are reacting to what the market is telling us. We have done development in the
community for 40 plus years and I would argue a little bit with the -- that industrial is -- is
needed here and it's eight -- a very few acres left in the city for industrial development
that's ready to go if we were get your approval tonight. So, any questions?
Milam: Madam Mayor?
Cavener: Madam Mayor?
De Weerd: Mrs. Milam.
Cavener: Okay.
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Milam: Ron. I'm -- so, okay, if you don't have tenants lined up and you are talking about
flex space, can you just maybe give some examples of like the type of tenants that
might use the type of space that you are --
Van Auker: What is trendy --
Milam: Yeah. Trendy. What is -- yeah. What do you --
Van Auker: Sure. You know, supply companies, small distributors. To the north we
have the larger type distribution tenants. They are doing very well there. The access to
the freeway is key, obviously. But, I don't know, a paint store, something like that -- that
-- you know, a lower intensive use, industrial type tenants, not a stamping company or a
towing facility and I would say, again, we are -- we are a company that owns things long
term and we build it for the next 50 years not -- not to flip to an investor. So -- so, I don't
know if I answered your question.
Milam: Keep in mind your neighbors across Franklin.
Van Auker: Yeah . Your comments about a gym, I mean that would work in an I-L zone.
You would need a conditional use permit to do it. We have done it before.
Nontraditional type uses. We lease -- in our portfolio we have a basketball club that
leases from us and a volleyball club. So, I think, you know, some type of a
nontraditional industrial use that -- a tenant that needs the industrial look, but can't go
into a lower ceiling retail space or second generation space.
De Weerd: Mr. Cavener.
Cavener: Madam Mayor, Mr. Van Auker answered my question.
De Weerd: Any other questions? Thank you.
Van Auker: Thank you.
De Weerd: Council, I --
Cavener: Madam Mayor?
De Weerd: -- see our citizen would like to -- Steve has another question.
Cavener: I'm open to that. Sure.
De Weerd: If you will restate your name for the record.
Berardinelli: Steve Berardinelli. 1108 West Crestwood, Meridian.
De Weerd: Thank you.
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Berardinelli: I'm talking about if you would watch what you rent or lease to or build for. I
don't think there is any legal oversight that can tell him is there? You don't -- can't
dictate to him once it's industrial, other than light or heavy industrial, what he can put
there? As a business owner myself I'm not going to limit my options and say, gosh, I --
this building has been empty for four years now and this can crushing company wants
to come in and I'm going to rent it to them, because it's within the Comprehensive Plan
of light industrial. Is that an accurate -- inaccurate statement? Can you say to him we
approve this, because you said you would watch out for your neighbors then?
Milam: Madam Mayor?
Berardinelli: Is that --
Milam: So, no, we can't. But there are certain people who -- you have been around
long enough that you know the integrity, you have seen the process of -- he said they
develop to -- they keep their -- their developments. They are not -- they are not building
to sell, which -- in which case they would have no control. So, if somebody who I trust
says -- looks me in the eye and says, yeah, I will make sure -- but, no, there is nothing
that we can do legally about that. But he also mentioned that these buildings are not
big enough for a large industrial purpose. They are -- they are small, so that --
Berardinelli: Yeah. We are next door to a can crushing company that has zero impact
as far as noise and, as matter of fact, there is a manufacturer that makes aluminum
parts that's twice as noisy as -- as their product, because it's so well insulated inside the
building. But I agree -- I'm sorry I don't know the other gentleman's name that spoke --
I have no place to eat, other than one restaurant next to a gas station in -- without
driving or making a big loop. Going to McDonalds or -- I mean it's -- is it five miles? No.
But is it where maybe you might have something close that you enjoy eating. We would
really help -- you don't eat. But you also don't have commercial industrial buildings
there. I just ask if -- what would you do if it was your daughter and your sons and your
grandsons living right there and your grandmothers on that whole street. Our elderly
handicapped folks that aren't here tonight, because they can't be.
De Weerd: Well, thank you, Steve.
Berardinelli: Thank you.
De Weerd: Any wrap up? Thank you. Council, anything further?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just -- just for conversation starter, you know, we are going through our comp
plan update and -- and I wonder when we are doing focus groups and surveys, how
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many of our citizens would say that an industrial use would make sense across the
street from residential, even if it is on Franklin. Take out who the developer is. Take out
their reputation. How many members of our public would say that makes sense. I don't
think very many would. We hear this, though, time and time again, there is a huge
demand for industrial use in Meridian. That's because there is not very much left. So,
we as a body got to make a decision. Is it worth -- I would assume probably going
counter to what the vast majority of our public would think -- in order to gain more
industrial use. I'm not sold. I know we need it. I think it's important. I just don't think
that's the right location and so I'm not supportive of the comp plan amendment to the
map amendment. Just don't think it's the appropriate location.
De Weerd: I think if you look further down that -- that corridor is an industrial corridor, in
particular on the north side, and you are starting to see homes on -- on the south side
and I guess the homeowners -- at that time they know who their neighbors across the
street are. You look at the bus barn and -- and Republic and that the neighbors just
outside the -- the screen. So, it is -- it is a corridor that -- that already has established
itself there as well.
Cavener: Then Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I don't disagree, but it's also a residential corridor as well. I would say it is as
much, if not more, a residential corridor than it is an industrial corridor, including many
long time residents of Meridian.
De Weerd: On the south side that's true.
Cavener: Madam Mayor, I don't see anybody else piping up with any comments, so I
will go ahead and make a motion that we deny Item 9-F -- oh, sorry. Madam Mayor, I
move we close the public hearing on 9-F, H -2018-0051. Nope. That's the wrong one.
My apologies. It is getting -- that was the right one. Yeah. Sorry.
Bernt: Second.
De Weerd: I have a motion and a second to close the public hearing on 9-F. All those
in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Cavener: Madam Mayor, I move that we deny Item 9-F, H-2018-0051.
De Weerd: Okay. I have a motion --
Milam: Second.
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De Weerd: And a second. Any discussion?
Nary: Madam Mayor? Because this is a rezone, Madam Mayor, Members of the
Council, you will need specific findings as to the basis for denial and what -- what, if
anything, they could do to be approved. So, if you would make sure to put that on the
record as part of your discussion.
Cavener: Madam Mayor, I will be happy to add that. My reason for denial is I think it's
incompatible with the existing residential use that's across the street.
De Weerd: And second agrees?
Milam: Agree.
De Weerd: Discussion from Council? Okay. Mr. Cl erk.
Roll call: Borton, nay; Milam, aye; Cavener, yea; Palmer, absent; Little Roberts, nay;
Bernt, nay.
De Weerd: Okay. The motion fails.
MOTION FAILED: TWO AYES. THREE NAYS. ONE ABSENT.
De Weerd: Do I have a different motion?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we approve H-2018-0051.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 9-F. Any discussion? Mr.
Clerk.
Roll call: Borton, yea; Milam, nay; Cavener, nay; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: Okay. The ayes have it.
MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT.
G. Public Hearing for Tanner Creek (H-2018-0023) by Schultz
Development Located at 505, 521, 615, 675 W. Waltman Ln.
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1. Request: Replacement of the existing Development
Agreement with a new agreement to accommodate the
proposed residential development plan; and
2. Request: Amendment to the Future Land Use Map
contained in the Comprehensive Plan to change the
land use designation on 39.25 acres of land from
Commercial to Medium High Density Residential;
and
3. Request: Rezone of 38.48 acres of land from the C-G to the
R-15 (west 22.59 acres) and R-40 (east 15.89 acres) zoning
districts; and
4. Request: Preliminary Plat consisting of 141 building lots and
18 common area lots on 37.87 acres of land; and
5. Request: Conditional Use Permit for a multi-family
development consisting of 272 dwelling units in the R-40
zoning district
De Weerd: Item 9-G is a public hearing on H-2018-0023. I will open this public hearing
with staff comments.
Allen: Thank you, Madam Mayor, Members of the Council. The next application before
you is a request for a development agreement modification, a Comprehensive Plan map
amendment, a rezone, a preliminary plat, and a conditional use permit. This site
consists of 37.87 acres of land, zoned C-G, located at 505, 521, 615, and 675 West
Waltman Lane on the north side of I-84, west of South Meridian Road. This property
was annexed back in 2006 with the requirement of a development agreement. In 2008
a preliminary plat was approved for Browning Plaza Subdivision. Several time
extensions were approved, but the plat expired earlier this year. The Comprehensive
Plan future land use map designation is commercial. The applicant proposes to replace
the existing development agreement with a new agreement to accommodate the
proposed residential development plan. The provisions of the existing development
agreement are included in Exhibit A-9 of the staff report. The existing agreement
recorded in 2008 is for a 400,000 square foot commercial development consisting of
professional offices, a hotel, big box retail store, and smaller retail spaces distributed
among 27 -- or, excuse me, 21 separate building -- buildings that were previously plated
-- excuse me. I can't speak tonight. Previously planned to develop on this site. Since
many of these provisions do not apply to the proposed residential development, the
applicant wishes to replace the agreement with a new development agreement based
on a proposed development plan. Staff has reviewed the existing provisions that are
still applicable to development of this property and has included them in the new
development agreement. An amendment to the future land use map is proposed to
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change the land use designation on 39.25 acres of land from commercial to medium
high density residential. The applicant's narrative states that because the site is located
between a quarter and a half mile west of South Meridian Road, a principal arterial
street on a local street, West Waltman Lane, commercial development is not viable.
Therefore, the applicant requests an amendment to the future land these map in order
to develop residential uses on the site. There are two parcels located at 737 and 755
West Waltman Lane in Ada county that are included in the comp plan map amendment
request that are not part of the proposed development plan. Staff requested the
applicant include these parcels as leaving the two properties with a commercial
designation would not be compatible with the existing abutting residential uses and
future residential development if their proposed comp plan map amendment is
approved. Approval of the requested future land use map amendment and proposed
single family detached homes -- townhomes and multi-family housing would provide a
transition in uses and zoning between the single family residential subdivision zoned R-
4 to the west and the commercial designated properties zoned C-G to the east. The
Ten Mile Creek will provide a natural one hundred foot wide transition and buffer area
along the east boundary of the site between the proposed residential and future
commercial developments. A r ezone have 38.48 acres of land from the C-G to the R-
15, which is the west 22.59 acres and the R-40, which is the east 15.89 acres -- zoning
districts is proposed consistent with the proposed comp plan map amendment
designation of medium high density residential. A concept plan was submitted as
shown that depicts single family detached dwellings along the perimeter boundary of the
single family portion of the site, with townhomes internal to the development and multi-
family on the eastern portion of the site. A large central common area is proposed
within the single family portion of the site. Amenities for the multi-family development
are separate from that of the single family development. To e nsure the site develops as
proposed and recommended by staff with this application and in accord with the
Comprehensive Plan, staff is recommending a development agreement is required with
the rezone containing the provisions included in Exhibit B of the staff report. A
preliminary plat is proposed consisting of 141 building lots, consisting of 126 single
family and 15 multi-family lots and 18 common area lots on 37.87 acres of land. A
phasing plan was also submitted as shown that proposes four phases of development.
Access is proposed via two new accesses from Waltman Lane, one for the single family
portion and one for the multi-family portion. An existing stub street West Ruddy Drive at
the west boundary of the site is proposed to be extended with development. A stub
street is proposed to the out parcel at the northwest corner of the site for future access
upon redevelopment of that parcel. A concept plan has been submitted as shown that
depicts how -- how those two properties could redevelop in the future. At the request of
emergency services staff recommends private streets are provided within the multi-
family portion of the site for addressing purposes. Waltman Lane is required to be
improved as half of a 36 foot wide collector street section, plus 12 feet of additional
pavement, for a total of 30 feet with curb, gutter, sidewalk and a gravel shoulder.
Improvements to Waltman Lane will require the reconstruction of the existing bridge
over the Ten Mile Creek. As part of this application the applicant proposes to enter into
a cooperative development agreement with ACHD to construct the extension of
Corporate Drive north of this site from its current terminus north of Ten Mile Creek to
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Waltman Lane. This will take place as part of the first phase of development and will
provide additional access to the site and the area and provide for access while the Ten
Mile Creek bridge on Waltman Lane is reconstructed. And that is -- I will just flip
back real quick here. You can see right here this is where Corporate currently
terminates right here and, then, this developer is proposing to extend that down to
Waltman Lane. Street buffers are required to be provided along West Waltman Lane
and I-84 in accord with UDC standards. The Commission recommends the entire street
buffer and sidewalk along West Waltman Lane is constructed with the first phase of
development and the entire street buffer, including the berm and wall along I-84 is
constructed with the third phase of development. Noise abatement is required for
residential developments adjacent to the state and federal highways. The applicant is
proposing a nine foot tall berm and four foot tall Semtex granite wall adjacent to I-84.
Qualified open space and site amenities are proposed in accord with UDC standards. A
total of 6.87 acres of common open space and eight site amenities are proposed. Site
amenities for the overall development consist of a clubhouse, swimming pool, two
playground areas, park area, pergola shade structure, fire pit, a ten foot wide multi-use
pathway along the Ten Mile Creek and a pedestrian bridge over the creek for
connectivity to the east. A conditional use permit is requested for a multi-family
development consisting of 272 dwelling units in 14 structures on 15.89 acres of land in
the R-40 zoning district in accord with UDC Table 11 -2-8-2. The units will be housed in
a mix of eight, sixteen and twenty-four plex two and three story structures ranging in
size from 779 to 1,258 square feet. A mix of one bedroom, 70 units, two bedroom, 136
units and three bedroom, 66 units, are proposed. Conceptual building elevations were
submitted that depict the general style of development proposed for this development.
All structures, except for single family residential detached homes, are required to
comply with design standards. Additionally, because the rear and/or side of structures
on Lots 2 through 9 and 33 through 48, Block 3, and Lots 2, 7 9 and 14, Block 10, that
face West Waltman Lane and I-84 are highly visible, these elevations should
incorporate articulation through changes in two or more of the following: Modulation, for
example, projections, recesses, setbacks or pop out. Bays, banding, porches,
balconies, material types or other integrated architectural elements to break up
monotonous wall plains and roof lines that are visible from the subject public street.
Single story structures are exempt from this requirement. And these are concept
drawings of the proposed multi-family structures. A m inimum of 509 parking spaces are
required with 272 of those being in a covered carport or garage. A total of 537 spaces
are proposed with 272 being carport spaces, for a total of 28 spaces above UDC
standards. The Commission recommended approval of the subject applications.
Summary of the Commission hearing. Matt Schultz, the applicant's representative,
testified in favor. One person testified in opposition, that was Clair Manning. Several
folks commented as follows: Bill Kissinger, Joe Lorger, Michael Swenson, Geronimo
Martinez and Steven Cooper. Written testimony was received from Bill Kissinger,
Casper Larsen, Jerry Peave via NextDoor. Key issues of public testimony. There was
concern regarding the increase in traffic from the proposed development and extension
of Ruddy Drive from the west boundary. Improvements such as curb, gutter, sidewalks
and designated bicycle lanes to Waltman Lane needed prior -- prior to construction.
Opposition of more multi-family development in Meridian when schools and
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infrastructure maybe inadequate to deal with current population. The proposed density
is too high. Preference of single family homes, rather than apartments. Concern
regarding sufficiency of parking proposed for the multi-family development. And impact
of proposed development on existing area residents. Key issues of discussion by the
Commission was the phasing and timing of the street buffer landscaping along I-84.
Concern regarding long-term maintenance of the street buffer landscaping along I-84.
Improvements to Waltman Lane associated with the proposed development and
extension of Corporate Drive. And concern pertaining to loss of commercial uses on
this property. Commission changes to the staff recommendation was a modification to
development agreement provision number 1.1J and condition number 1.23 to allow the
street buffer along I-84 to be constructed with the third phase of development as
requested by the applicant, instead of with the first phase. Modification to DA provision
number 1.1C to remove the single family residential lots adjacent to I-84 from the
requirement to provide articulation on the elevations facing I-84 and that was because
those were single story and they include a new DA provision that restricts single family
homes adjacent to I-84 to a single story in height as proposed by the applicant. There
are no outstanding issues for Council tonight. Written testimony since the Commission
hearing has been received from Donna Aldridge. Staff will answer any questions.
De Weerd: Council, any questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Sonya, can you mark on -- or at least point out where the three story units are
on the --
Allen: I am not sure that, Councilman Borton, Madam Mayor, but the applicant should
be able to tell you in their presentation.
De Weerd: Okay. Any other questions? Okay. Would the applicant like to make
comment? Good evening. If you will, please, state your name and address for the
record.
Schultz: Good evening, Mayor and Council. Matt Schultz. 8421 South Ten Mile,
Meridian. It's good to be here. It's not too late yet I guess. You guys have had a long
day. MDC meeting, too, I guess. So, happy to be here. It's been about a year for me to
get to this point, after first looking at it and getting going on it. A lot of design work, a lot
of busy consultants, a lot of time, a lot of input from staff, ACHD, and we think what we
bring before you is a good fit for this, although it may be at first blush is like, oh, my
gosh, we are getting rid of commercial. What are we doing? What are we doing? Well,
first of all, if you look at Google Earth over the whole city, good commercial has good --
good access and good frontage access. Waltman Lane is not that. It's a quarter mile
back from Meridian Road and everything you see in Meridian or even in the state or
even across the country is probably within probably three to five hundred feet of their --
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of their main access, even though you got visibility on the freeway. For something this
large, which is 38 acres, plus there is another 30 to the east of us that will certainly be
commercial for sure, even though not all of that is yet, because there is a corner piece
that was ITD that needs to get updated in your comp plan to commercial and it will. It's
in private hands now. So, what you're really looking at is probably about a 70 acre site
that could be potential commercial, could be some residential like we have proposed,
but some commercial, but say a 70 acre commercial site, even a 40 acre commercial
site needs exceptional, outstanding -- all the superlatives you can think of -- regional
access frontage, like Overland Road, like Eagle Road, like those things. Waltman Lane
being a dead end is not that. It just isn't. It's a -- it's a nonstarter from a -- from a major
commercial. Back when they went forward in 2006, highly speculative environment. I'm
sure from 50,000 feet it looked good being in the center Meridian, nothing else was
going on, I think the Portico might have happened after '08, but, then, since, then, we
have had, obviously, The Village, we have had some owner change, we have got some
other things to work -- I don't think it would work in '06 myself and nobody I have talked
to does, but they made a good effort. Took them two years to get it approved. They
started in '06. Took them until '08. They had several hearings on Planning
Commission, several on City Council. A lot of different options. A lot of that was the
infrastructure of the access -- the Meridian couplet wasn't done. Waltman was even --
was even a bigger mess than it is now, which it's not too bad now since we fixed the
couplet. But they -- they negotiated a three million dollar tax financing with MDC for the
infrastructure that included bridges, included Corporate, included the intersection with
Meridian Road and who knows what else. I wasn't involved in it. But three million
dollars. It was alive. And I'm sure that's what kind of -- in going through the downturn,
you know, they are looking for options and that's just where it landed and that's why it
got approved, a commercial site on 38 acres that we think is a nonstarter. What we
propose instead is, basically, the west half of a mixed use where the east half in the
future will be commercial. A good dividing line is the Ten Mile Creek. It will provide
good transitional housing, kind of finish what was started with The Landing 20 years ago
and do a high quality berm, a high berm, good mix of single family attached and
detached, alley and non-alley single family with some transitional higher density
apartments, which we think in an area -- if you look at the COMPASS report of how
many jobs are within a mile of this, is that a misprint? It's like thousands supposedly.
You know, if you are going to put density anywhere -- and this is like a -- it's only ten to
the acre combined. If you are going to put a semblance of density anywhere put it close
to interchanges. Put it close to your housing. Put it close where people can be
walkable. You know, we are putting in the pathway. We are putting in pedestrian
bridge. This is close to downtown, within a mile, mile and a half of downtown. So, what
we think is -- we think this adds some energy -- some residential energy to, obviously, a
spot that's been challenged for all the years. I have been doing stuff on the outskirts of
town, haven't been able to do a lot of stuff in the middle and so this is, obviously, a little
different. High profile. Something we want to do well and do nice. We come before
you with approval from your planning commission, from -- from your staff. We even had
an ACHD hearing. It was a consent agenda with ACHD staff, but after the P&Z hearing,
which we hadn't had the ACHD hearing yet, the residents were complaining that they
hadn't been heard yet, so we will call ACHD and get it on the public hearing. So, we
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went and had a public hearing with ACHD, you know, an hour long talking about
pedestrian access and what was going to be done and all that and we worked some
things out and got approval from ACHD as well and went through that process. So, to
answer Mr. Borton's question about where the three stories are, they are up against the
Ten Mile Creek and, then, they transition to two story as you head -- head west against
our residential. That's two story against the highway and we are doing single story and
they are further setback. We are doing single story, single family on the highway below
the berm. I think Sonya has -- has our animated fly over that we done that kind of
shows a view of what that will look like so you can picture it. Going down the freeway a
little bit. We tried to do that to kind of picture. It's hard to envision, so we spent a lot of
time and effort to put that together as well. So, you know, the comp plan amendment is
a high bar to set. I mean to change it is not easy. So, are we getting something good
here? I think we are. I think we are getting some good. I think commercial doesn't
work here. We are replacing the Corporate bridge this winter, hopefully, if all goes well,
knock on wood. We are going get Corporate in place and we are going to build the
Corporate bridge, extend Corporate down to Waltman. The previous developer had
purchased right of way from the landowner for that right of way and sold it to ACHD ten
years ago or 12 years ago. So, we are using that right of way to come down, build that.
The existing Waltman bridge is not being replaced because of us. It needs to get
replaced today. It's -- it's a bad bridge. It's not bad in terms of it's going to fall over
tomorrow, but it is not up to standards. It needs to be replaced. So, we are going to put
in the Corporate bridge first with a Ruddy connection to the -- hold on a second. The
Ruddy connection to the west, which is a big deal, because all that traffic has been
going out to Linder all these years from The Landing Subdivision, because 20 years ago
Waltman really had a bad intersection with Meridian Road, so they intentionally cut off
traffic from going that way. So, everything has been going out Linder. So, we come in
and do Ruddy, which the commercial development was going to do as well. There is
going to be a switch. I mean some people that live in The Landing that used to go out
are going to go out to Meridian Road. They just are. And I even asked ACHD if we
could -- hey, could we just leave it blocked off like it always has been and, you know, the
answer, no, you got to punch it through, you got to connect it. We got to make the world
right again on the way it should have been connected had -- had the Meridian Road
connection been good when -- when that was approved 20 years ago. We have got
good open space. Centralized. It's -- we think it is a good comprehensive change --
Comprehensive Plan amendment change to get something going on a piece of property
that commercial is not going to go. I think it will provide good energy for the -- for the
area pedestrian wise. We are doing a pedestrian bridge as we show. It is a bridge to
nowhere right now, but in the future when that develops it will be a connection. So, we
are the first guys in. We have the 400 foot right of way of the drain, so we offered the
pedestrian bridge to be able to connect to the future commercial and, then, ultimately,
over to the interchange and over where it needs to go. We think it's a good site. We
have got a good -- if you -- if you want to watch the -- about three or four minutes and I
think I got a little bit of time. We will squeeze it in there and, then, I will stand for any
questions. You want to run that, Sonya, please. Breckon -- Breckon designed it and
they were here earlier, so -- he didn't want to hang around to watch it. He wanted to get
out of here. So, this is dropping in from about 10,000 feet I guess or so. Looking down
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on I-84 corridor and it's going to twist and drop us onto Waltman Lane. The green --
you know, there is a lot more green in this than the commercial, which is all -- all parking
lot. The commercial subdivision at 10,000 trips a day. This has about 3,000. So, it's a
great reduction in the trips. So, you can see the three story to the -- to the east. The
two story going -- transition into the -- into the single family residential. This is going
down Waltman. We have got an ample buffer down Waltman. Detached sidewalk.
And, then, we head into the single family residential portion. And this is the road that
curves around into Ruddy and connects in. It's a no front housing. There is our central
park. It is going to give us some scale with these renderings. Then it's going to go over
to the -- the apartment side and these are preliminary colors, preliminary renderings.
We have got to go through final design review. So, this is a work in progress here in
terms of what the ultimate design looks like that, but you get the idea about the scale
and the masking that we have in the landscaping. There is about a 4,500 square foot or
5,000 square foot clubhouse, pool area and, then, it's going to transition back to the
pathway and run down the pathway and out to the highway. So, early in spring there is
a lot of nice wild flowers growing apparently. We are -- we are planning on revegetating
that and improving it. It's really just a cow track right now. It's been overrun by cows.
It's kind of not really good looking. We want to improve it as best we can with the
irrigation district's requirements, which means you can plant some seed and that's about
it. It's got good connectivity out to the pedestrian -- city regional pathway, which is
where the sewer trunk runs existing already and you can see we step down to the two
story as -- as we head to the highway and there is a good step back. So, this is running
down the -- down the highway. I tried to -- I told them to do it at the same level as the
cars so you could see the tall landscape buffer. We want to put a fence on top and the
single story behind it, so you won't see any of the second stories and so there is really
no need for the articulation requirement, since we are doing single stories. We really
want to do that berm well. There is only probably one berm in the whole valley that
looks halfway decent and it's over by the hospital at Touchmark. It looks good. It
doesn't have a wall on top, it just -- it has big trees and grass and everything else just
doesn't look good. It just doesn't. Varying degrees it doesn't look good, you know, so
we -- we understand. We are high profile. We want to -- we want to do well and kind of
finish what we started going into Ten Mile Creek and, then, that corner will be the
commercial to the east. So, like I said, we -- we agree with staff's conditions of
approval. We agree with ACHD's conditions of approval. ACHD has agreed to -- or we
are going to design it, we are going to build it, we are going to get reimbursed. They are
going to pay I think 70 percent of the -- of the Corporate bridge and they are going to
pay 70 percent of the Waltman bridge, which is good. I mean, you know, we are kind of
-- we are teaming up with them. They are providing that. We are also providing
pedestrian access up Corporate and the sidewalk and we are going to look at getting
another access out on Waltman pedestrian wise with an existing right of way. ACHD
may do that under their own project. We said, hey, whatever it takes. We want to work
with you. We want to figure that out. So, we are surveying and seeing what we can
squeeze in there within the existing corridor or they may need to buy some more right of
way. We have offered to participate in that as well. So -- so, with that we just want to
kind of go along with staff 's recommendation and P&Z's recommendation and ask for
your approval as well. And I will answer any questions if you have any right now.
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De Weerd: Council, any questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So many apartments. But I notice that it looks like all of your amenities, except
for one tot lot, go to the apartments and so for the 126 single family homes you got
some nice green space, then, all you got is a tot lot. Is that it? Now he's like now she's
complaining about the tot lot.
Schultz: You know, Mayor, Councilman Milam, I know we -- we have a -- I'm just looking
acreages and what's -- what's required and, yes, we do have the tot lot. We are using
the regional pathway as kind of a global amenity for -- for the whole site. I know that,
you know, even though it's on the apartment side, it really is kind of, you know, an
overall site amenity and that meets the many requirements we can put and I think it's a
good idea to put a sitting area in that area I think would be awesome now that I'm in
front of you. Tru ly. Truly it would be. It would be.
Milam: Madam Mayor. The reason that I asked that, you know, you read through the
list of and it's like wow and, then, you look it at and it's, well, it's all right there and that
was a little spot. And my other question -- oh. So, the apartment buildings, are they
sold -- are they just sold off individually or --
Schultz: They are platted, but the idea is to keep the same -- the same thing we had
before with the two. It's the same exact discussion we had at Links and we have got a
good condition of approval, but the maintenance responsibilities and all that
implemented in here that we learned --
Milam: Right.
Schultz: -- on the first one. So, I haven't done any apartment projects in 18 years here.
I have done three as you know -- this is the third one in the last probably eight months.
And the one thing they have in common is they are all within a half mile or a mile of the
freeway. They are all I think in places that actually work. I'm not trying to jam them in
-- not asked not to do it. But I -- I feel okay bringing these four being so close to some
major -- a transportation corridor. So, hope to not do any more for a while. I'm burned
out as well. I like doing R-4 and stuff in Meridian. That's my favorite, so -- but this --
this particular thing I think -- I know I can stand behind this for this location. It works.
But I understand your no more apartments comment. I get it.
Milam: Thank you.
De Weerd: Other questions?
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Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Matt, sorry if I missed it. So, are you going to retain ownership --
everybody is going to own or are they going to be sold off separately with different
management regarding the apartments and things?
Schultz: You know, Mayor Tammy, Councilman Little Roberts, that's not the idea. I
guess flexibility is financing. It's -- there is different phases in it, there is different
reasons for blocking out -- that is to keep them all and have them managed like -- it has
to be managed on one company. We have got that language in a development
agreement. One -- one management company manages the whole thing and we have
ran that language by your -- your legal staff for the Harper Ridge one we did over there
off the Eagle Road for Doug McMaster and that -- that language works for everybody
and that's what's getting implemented in the multi-family ones that I have brought
forward and so we have kind of -- we have learned and so we don't need to reinvent the
wheel on -- on that particular aspect. So, the idea is to keep them all, but it's just that
whole financing and flexibility thing that you want to be able to have.
De Weerd: So, what's the hurry? We are in the middle -- or we just started a
Comprehensive Plan update. You 're asking for a Comprehensive Plan -- or amendment
to -- to the very process we are going through now. Why don't you just participate in our
process and -- and bring this along with a citywide view?
Schultz: Mayor Tammy and Council, I -- I have been working on this for a year, started
going on it. We submitted I think four months ago finally. It takes a while to get it all
perfected and revised and getting all staff comments and get it all done. So, it's taken a
while to get us to this point and you wait for four months to go through all the hearing
process and so it looks like we are trying to run out ahead of it, but that's never our
intent. We truly believe that this is a -- in our opinion for the obvious change, I think
there is a green 16 acres on the corner of Meridian that says ITD on it that's, obviously,
not green anymore, it's in private hands and that's going to be commercial. So, I think
in this area we -- we can certainly participate, but we -- like I said, it was something we
submitted before -- at least in our minds before this process started with your comp plan
change. I just -- I'm not down here every day to see where you guys drive your
reschedule, but we have been kind of running this for a year now, so it's been -- it's
been kind of a slow -- slower than we would like. I know it seems fast to you, it seems
like really slow -- it's taken a year to get to this point from when we start -- first started
on it.
De Weerd: I guess, you know, the vision has been in the commercial and certainly
there is an application that proceeds this that -- that showed the connection, allowing
the residents to the west of that, at least other egress and ingress that is needed in that
area, because that has been a challenge. We worked really hard with ITD to get their
materials pile out from the entrance of our city, so that we could have an area that
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offered jobs for residents and maybe something similar to the other side of Main that
would benefit residential in the area, bringing services and employment and, then,
shortly after the entitlements for at least the piece that you are proposing, then, the
recession hit and while that was happening we were working with ITD trying to get them
out of that corridor. So, I don't know if -- if that area has only had an opportunity to see
what is possible. You hate to lose those prime pieces that -- that are on interchanges
and are more prone to attracting employment to apartments where they could be better
placed.
Schultz: I respectfully slightly disagree with you, Mayor, in terms of I think that --
De Weerd: That's all right. It wouldn't be the first time.
Schultz: Ye s. So -- so, we think this feeds some existing commercial. This is good for
struggling commercial. Potentially we think there is -- this will help them. We think we
still have 30 acres of great commercial in the corner, which is huge. It's big. It's a big
piece. Thirty acres is big. Seventy-six or seventy is just massive. Like I said, it needs
good regional frontage to be successful, like Waltman going through to the Ten Mile or if
Linder was an interchange or something like that and it's never going to go through, so
-- so to think that this would be a great commercial site -- everybody I have talked to --
and they would tell me if they had a different opinion of me -- it's just -- it's a nonstarter.
It's just a nonstarter. Why they spend so much time and money on it we are not quite
sure, but they did. They finished what they started. It took them a couple years. But
what they were left with is something that just would not work, unfortunately. So, we
think that the Ten Mile Creek -- if you look at the bigger picture -- is a good dividing line.
Everything west of Ten Mile Creek is residential -- going north of here. It's kind of a little
outlier commercial over -- over the Ten Mile Creek. So, we think we need some -- some
-- some semblance of good planning and good planning is putting a semblance of
density where your services are, where you are -- where you can have walkable to -- to
existing restaurants, to existing workplaces, and this provides that and I don't think we
are sacrificing anything by giving this up to what it probably would have been a long
time ago if that Waltman connection was -- was -- was good 20 years ago this would
have already been done, you know, in something other than commercial. But going
through it -- since it doesn't go through, it's just a nonstarter and it just -- it really just is.
So, I hate to see you guys -- obviously you could say it's not the best interest of the city
at this time and wait for something and take our time and see if somebody else comes
along that wants to do something. That is, obviously, an option. We would say let's do
something that beautifies the area, that improves the area, that -- that -- that makes --
makes sense and some -- brings some economic vitality to an area that has zero right
now and has a good chance of staying zero for a long time, with all the good stuff that
we already did. The Ten Mile interchange. We are doing The Village. That we have
done with Portico where the commercial is really going and wants to go, too. It doesn't
want to go here, unfortunately. I mean if we wait long enough it might and you have that
option to wait. We are saying let's go ahead and move on it and let's -- let's get it fixed.
It's been sitting for 30 -- or forever really, but, obviously, growth has been going away
from it for a long time. So, hopefully, you go with me. But if not I understand. If you
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guys want to stick with what you got we would -- ACHD chimed in on it, says sounds
good even though they are not planners; right? But they chimed in on that it sounded
like good planning and your planning commission also was very supportive of it. So, I
will just leave it at that.
De Weerd: Okay. Council, any further questions? Thank you.
Schultz: Thanks.
Coles: Madam Mayor, first signed up for the public testimony is Clair Manning. Signed
up against, wishing to address the Council.
De Weerd: Well, Clair. Thank you for hanging in there with us. If you will, please, state
your name and address for the record.
Manning: Clair Manning. 650 West Waltman Lane.
De Weerd: Okay.
Manning: So --
De Weerd: If you can pull that mic closer. Thank you.
Manning: How is that? Okay. You know, there is only a few people on the street and
you guys are going to be a little tempted to write us off as like malcontents trying to
impede progress, but, you know, we know progress is coming to the area and the reality
is we are simply members of the community that want what's best for the area and, in
fact, we are really the subject matters of this area. So, I would urge you to, please,
listen to what we are trying to tell you. So, we are really depending on you guys to be
able to look at the bigger picture and you will understand that this development isn't
right for this area. You know, a lot is really lost in translation and like some of these
meetings and a lot gets distracted from the little cartoon and all that, so I kind of like
taking a few pictures of the area to kind of help out. So, you can kind of see this is --
this is actually Waltman Lane right here. So, it's not a real great collector street. You
know, it's kind of narrow, it does not even align with the road. Kind of dangerous for
like, you know, kids on bikes, things of that nature. So, I mean let's take, you know,
kind of a step back and look at those areas overall. So, just kind of down the street
commercial, we have some very very high density kind of apartments going up right
now. So, that hasn't even hit the area yet, so no residents, but, you know, that's -- that's
going to punch through to, you know, Waltman Lane under this proposal and that's
actually where it's going to punch through out right next to my house right here. So, I'm
requesting the developer be responsible for like a privacy fence as construction along
the side of my house to kind of shield me from some of the traffic and to kind of reroute
some of this irrigation and take on that kind of expense, so -- but moving on, you know,
I'm concerned about the entrance that has access to -- to this area. You can see like
right here on the right this little kind of spur here that you don't really see, this is your
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entrance turning left into Waltman Lane. So, that's one option. The other option is to,
you know, kind of go down, you know, take this and, then, go through Corporate. But,
you know, a lot of left turning. The 3,000 trips a day that's going to cause like a lot of
backup to traffic there. Another point to notice -- this is, you know, .1 miles here, .3
miles to the freeway. Not a lot of runway to the -- to the entrance to the freeway. So,
this -- this area is going to be, you know, pretty action packed, you know, so I mean
what does this really mean? So, I mean I guess I kind of wanted to look at the area
overall, I kind of put in his -- his plat or his little rendering into this area. So, one thing to
note, just like the little tiny square here, 45 houses if you count the boxes, as opposed
to like the adjacent area, which has like 30 houses here. So, it really doesn't fit
residentially. A lot higher density, you know, 27 plus apartments is kind of a -- you
know, it just -- I don't see the infrastructure really supporting this, especially with 3,000
trips a day. You know, the other thing to point out here is a lot of these guys don't really
have access to the freeway. So, it's a -- there is going to be like a production thorough -
- or there is going to be like a thoroughfare through this neighborhood, just like here
through like Ruddy Drive to get onto the freeway and you're going to cause a lot of
traffic and there is really no mitigation plan. So, like, you know, future traffic study and a
promise of speed bumps isn't a mitigation plan. So, I mean what does this really mean?
This is today traffic --
De Weerd: Sir, I will need you to summarize.
Manning: Okay. So, anyway, summarizing, you know, conclusions that we can make,
this Ruddy Drive extension will not result in the appropriate -- well, result in
inappropriate traffic levels with no immediate mitigation plan and we were making it not
connecting. R-15 and R-40 zoning is inappropriate for this area. We recommend R-4.
Don't necessarily need to believe me, you can look at your own -- where it says the
proposal sees growth forecast in this area and, you know, if I really went back at -- you
know, your city mission -- your vision, you know, the inappropriate density zoning in this
area does not align with the proper stewardship of this community resources and Smart
Growth must use their entire population does not equate to higher life balance, so,
please, preserve our city values and keep Meridian a premier community and deny this.
Thank you. Any questions?
De Weerd: Thank you. Council, any questions for Mr. Manning?
Manning: Thanks.
De Weerd: Thank you very much.
Coles: Nick Eller signed up against, wishing to testify.
Eller: Hello again. My name is Nick Eller and I'm at 851 West Honker Drive in Meridian.
I have been in this -- I have lived here -- I'm about two houses down from the property
line of this development and bought the house about five years ago. I moved in
knowing something would come here. You know, a lot of these developments that
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happen, yeah, the same thing always comes up. Well, you should have known when
you bought the house. Well, I did. I knew something was going to come here and I'm
on the fence -- you know, I'm against it for a few reasons, which I will go through, but
what -- one of the things that I am in support of is going from Commercial on this parcel
-- this development here on the west side compared to the east side, I'm -- I'm
supportive of that being more residential and commercial. I can't imagine having an
Office Depot or something like that in my backyard, but I think it's in the right direction
and I agree with the developer that no commercial is going to want this little corner of --
at the end of Waltman Lane. It's not -- it's not going to happen. I'm in the construction
industry, I know it's not going to happen. I -- this -- this interchange here I think is the
gateway to Meridian. We have got the Meridian sign there. It's a great place come off.
New intersection. It's great. Commercial, that front half, that's fine. My concerns are --
is the density of it and what it will look like. I have seen in the documents, I have read
back through that it's affordable and that concerns me. It's got all the ingredients to be a
slum in the future if it's not put in properly. It's next to the freeway. It's near an industrial
area. If it's considered affordable housing, we got a recipe for disaster right into the
entrance to our city. The other thing that I wanted to go through and the reason why I
wanted this map -- and it's been -- it was discussed by the developer. He knows it's an
issue. Clair Manning just discussed it. So, I live right here on this corner street. What's
going to happen when this connects -- and this is the only connection -- is this will be a
shortcut for this entire development. Half of it will go to Linder, half of it will come
through here, because it's easy. For me I -- I work right in this area here. It takes me
four and a half miles to get to work where I could ride my bike or walk and it takes me
less than a mile. You know where I'm going to go when I go on the freeway, I cut
through. Same with this person here, here, here -- every single person in here is going
to go through one entrance which currently has one, two, three, four exits onto Linder,
but it's not convenient. It's all going to go to the east. Maybe not all, but this dividing
line of Pelican -- look at all these houses here. Those -- those are all going to go down
a two lane road to hit the freeway. There isn't -- this -- this development here -- I will dis
it and say it was not properly planned and if we don't look at this one closely this could
be another one and we are taking all of this, dumping it onto a two lane road and, then,
on another two lane road and as it was discussed by Clair Manning, that's your entrance
to all of it. Not -- not a very long -- long distance and it's going to back up to the freeway
from here to there for all this development, the commercial development and this. I
don't believe ACHD has reviewed our subdivision that we currently live in. So, they
have looked at everything for the future, but not what's existing and what will hit it. I
think that's a blind spot in their review. So, thank you. Any questions?
De Weerd: Thank you, Nick.
Coles: Nona Haddock signed up as neutral, wishing to testify.
De Weerd: Good evening. I see you have slowly been moving forward. Thank you for
sticking with us. If you will state your name and address.
Haddock: Yes. Nona Haddock. 480 West Waltman Lane, Meridian. 83642.
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De Weerd: Thank you.
Haddock: I think our -- our main concern -- my main concern is the traffic and the
density and I would like to propose that we really look at providing transportation -- if we
are going to open up to that subdivision, which I agree, I don't know how the planning
ever happened, so -- so many people only have Linder and only Linder going to Franklin
as an access. That's just a disaster waiting to happen. So, I realized there is a need for
them to go, but I really like what happens on the opposite side of our Main Street over
by Home Depot where the road goes along the freeway and could be an access and so
if we could take a long term at looking at this property and you could have this
subdivision come out and go around close to the freeway, clear up to the intersection,
that gives you a longer road for the backup, because there will be a lot of people using
that and I realize it's not just this developer that has to look at that, but if a road were put
there and a bridge across Ten Mile Creek and came up further, it would provide better
access for the traffic and so I just wanted to put that out as a proposal. Thank you.
De Weerd: Thank you.
Coles: Adam Hegstrom signed up against, wishing to testify.
De Weerd: We saved the best for last. Welcome. If you will, please, state your name
and address for the record.
Hegstrom: Sure. Adam Hegstrom. 520 West Waltman, Meridian, Idaho. So, I agree
with you Mayor Tammy when you said what's the rush and the reason I agree with that
is I feel like going through some of the documents that have been presented, they are
not being addressed. So, I think we need to look at the facts a little bit closer. One of
those facts is on the future land use map designation. It says in there everything else
around the area is zoned -- well, it's all zone commercial -- or, excuse me, or R-4 in the
neighborhood and he wants to go -- the developer wants to go to R-15 and R-40. So,
that's a pretty big jump and it says -- wrote everything out -- in the Comprehensive Plan
that -- where was it? The findings were that they exceed growth forecasted in the area.
Excuse me. That was the COMPASS . I'm all backwards. The COMPASS report that
came out about this property, they said that the findings were proposed that exceeds
growth forecasts in the area, the transportation infrastructure may not be able to support
the new transportation demands. Also ITD submitted on July 10, 2018 -- bear with me.
I'm getting there. ITD objects to the proposed application due to the traffic concerns.
So, they said it's not a great idea. Also the West Ada School District on July 6, 2018,
also sent in -- said this would bring 319 students to the area, which, you know, more
students is great, but Peregrine Elementary, which is right on the other side of Linder
from the neighborhood, is only 90 students away from capacity right now. Meridian
Middle is about 200 and, then, obviously, Meridian High has quite a bit of growth still
that they can do, which is beautiful by the way. But it says they can't -- the new
residents cannot be assured of attending the neighborhood schools, that it may be
necessary to bus students to available classrooms across the district. They also asked
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the developer to provide safe walkways, bike paths, and pedestrian access for students.
So, I have three kids, two of them go to Peregrine right now. They love to ride their
bikes to school and there is a path through Waltman that goes into the neighborhood
that they could do that with. I'm concerned that with the new count of 3,000 cars, which
is what was predicted to come through from 190 now it's 3,000, I'm concerned for them
riding their bikes to school. Then you add all those kids walking to school or cars
driving taking parents to school -- or parents taking their kids to school, there is just a lot
of safety concerns that I have, especially having children. So, I would ask that you
would take that into consideration. Also there is no busing right now for my kids to
school. There is no bus stop. And so if we have 390 kids, not all of them are
elementary school, but what about busing? That many people are getting -- going to
walk through the neighborhood to school? So, I would just ask that you would -- you
would consider those things as you weigh your decisions. Thank you.
De Weerd: Thank you so much.
Coles: Mike Swenson against, wishing to testify.
De Weerd: So, Mike, I'm just giving me two minutes. No. I'm kidding.
Swenson: I will try and talk fast.
De Weerd: I was doing a two minute blast there.
Swenson: Mike Swenson, 815 Waltman Lane. And I can even say some nice things
about the developer. He has gone to bed with us on -- on putting in sidewalks and -- I
mean that's a major thoroughfare, Waltman Lane, for pedestrian traffic. Now, in terms
of Waltman Lane, Waltman Lane is a joke. I paced it last night. Twenty-five feet across.
That's it. If there has been improvements -- I have been there 25 years, I have never --
well, I have seen it up on -- on the far intersection, but in terms of two-thirds of a road, I
have never seen anything. So, I would be concerned that, you know, whether he's got
enough leeway to get in there and make all those improvements that he needs to make,
you know, because, you know, I don't want my neighbors, you know, rights infringed on.
Also the -- you got 3,000 cars, you got one right-hand turn lane and it's going to be at a
red light with five intersections, you know, fronting on that and people are going to run
the red light and guess what's going to happen, massive accidents during -- during rush
hour and I'm just not sure if we can actually -- you know, put this many people in this
area. I mean if this is a continuation of -- of Mallard Landing -- no, it's not. I mean
Mallard Landing is all R-4. A little bit of R-8, but that's it. Okay. I think I will keep to my
two minutes. Thank you.
De Weerd: Thank you. A fellow Toastmaster there.
Swenson: Yeah. Table topic.
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De Weerd: Thank you, Mike. I know. You could have picked a better topic on table
topics; right?
Swenson: Yeah.
De Weerd: Yeah. Nice to see, Mike.
Coles: Nancy Swenson, signed up against, wanting to testify.
De Weerd: Good evening. Nancy, if you will, please, state your name and address for
the record.
N.Swenson: Nancy Swenson. I live at 815 Waltman Lane, right down there at the end.
And I might be a little disconcert -- nonlogical, because this is really late for me.
De Weerd: It is late.
N.Swenson: Really late. But, yeah, I am very concerned about the density. I'm not
computer literate, but we do have information from COMPASS that says that -- again,
the quote: Transportation and infrastructure may not be able to support the new
transportation demands. That's not taking into consideration the huge apartment
complex coming in off of Corporate. I was up at the intersection of Meridian, Main,
Waltman at 7:40 this morning, not peak rush hour -- most of the rush hour is already
gone by then. The traffic going out to go east on the freeway was backed up to the
intersection. The traffic going -- to go, you know, over to Overland, that still had room to
absorb people. Going east we have got some other -- other options. Fairview and
Eagle is the busiest intersection around. I didn't go down that one. I went down
Franklin. Franklin and Eagle took me five minutes to get through that intersection at
that time of day. We bring in a bunch of apartments, we are going to be bringing in a
bunch of traffic. There is no public transportation. They -- they were recommending
that maybe bringing bus service from along Meridian Road between Northwest Boise,
Kuna, and the Meridian Village -- that does not exist. There is no bus service to The
Village. There is no bus service to Kuna. As far as walkability to downtown, I -- that's a
mile and a half. I am not walking a mile and a half to Farmers Market to get a croissant
and walk it back. I drive. We have been up here for some of the plays. Ta ming of the
Shrew was fantastic. It was dark. Nobody is walking home in the dark a mile and a
half. That's -- that's not doable. Maybe people will bicycle to downtown, but to walk
there -- no. So, that's a concern I have. The density. You punch through Ruddy
bringing in Mallard Landing -- I was on Linder Road going into Mallard Landing this
evening at 5:00. Steady stream of vehicles. Nonstop. All those will do what they have
done before. They will come down Waltman. They did it when the subdivision was
going in until they blocked it for emergency access only. The fire trucks to push through
that barrier. It was designed that way.
De Weerd: Nancy, can you summarize?
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N.Swenson: It's late.
De Weerd: It is.
N.Swenson: It's late. The developer has done a fantastic job with all his beautiful,
beautiful pictures. They are entertaining. But I think that this is the wrong place for that
much density.
De Weerd: Thank you.
N.Swenson: You missed my pretty picture. It shows that there are no other areas
around us anywhere near that have that density that he is proposing. You have to go up
to the apartments on Meridian and even the ones on Franklin don't have that density.
You go south on the other side of the freeway, they don't have that density.
De Weerd: Thank you, Nancy.
N.Swenson: I can pull that up. Anybody can pull it up.
De Weerd: Okay.
Coles: Steve Cooper, signed up against, wishing to testify.
De Weerd: It is late.
Cooper: Hello.
De Weerd: Good evening.
Cooper: Steve Cooper. 755 Waltman Lane, Meridian.
De Weerd: Thank you, Steve.
Cooper: I guess I'm Stub Street Steve on the northwest corner. He's already got future
houses there. Load up my wagon and head west. I'm -- I'm against what he's got there.
I'm not opposed to somebody doing something with their land. I think you really need
an ITD traffic study on a brand new overpass that's pretty much outdated. There will be
a lot of cars coming through there. I know he is worked on this for a year. I have been
waiting to stand up here for 30 years. We have all lived there a long time. I think there
just really should be some careful thought about, you know -- the Planning and Zoning
said it would be real nice if Scentsy was there. Okay? Well, Camille Beckman was the
original guy that bought that. Camille Beckman, light commercial. I don't have a
problem with R-4. The home fits with a neighborhood. That's pretty much all I got.
De Weerd: Thank you.
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Coles: Steve Brandt signed up against, wishing to testify.
De Weerd: Thank you for staying with us, Steve. If you will, please, state your name
and address for the record.
Brandt: My name is Steven Brandt. My address is 1001 South Muscovy Avenue.
De Weerd: Thank you.
Brandt: That is right at the end of Ruddy -- of that drive. So, anybody that comes down
through that subdivision and doesn't take a right or left will be at my front door. So, that
street there -- like everybody else has voiced, a lot of traffic is going to go through that
and there is a lot of kids in that area, that would be a perfect way for everybody in that
area to go to -- to the Peregrine -- the elementary school, to middle school, and the high
school and the kids -- I just don't see that -- there has got to be another way for them to
go. If that is going to be an open access between Linder and Meridian or Main, it's just
not going to support it. So, that's my real concern there. And -- and the other thing is,
you know, when I moved in there -- yeah, there was going to be some development in
there, but it's going to be corporate. There is a lot of corporate area over there. There
is office -- office buildings and stuff like that that I would like to see come in there, but to
put this high density I'm just definitely against it. So, that's all I have to say. Thank you.
De Weerd: Thank you.
Coles: Joe Lorcher signed up against, wishing to testify.
De Weerd: Good evening, Joe.
Lorcher: Joe Lorcher. 740 Waltman Lane. Kind of pretty much say everything what
everybody else has already said, just the density and Ruddy Drive has really got us
scared, because Waltman Lane right now it is just a big sidewalk. There is families
walking up and down, riding their bikes, and that's, obviously, going to change if 3,000
cars are going to start coming up and down Waltman Lane. The proposal by the
developer is -- all he has to do is develop his half. Waltman Lane is very skinny, even if
he develops his half it's still not going to be a very safe street and, then, he doesn't have
to develop anything from Ten Mile Bridge up to Meridian, because it's not his. We went
to the Ada County Highway District meeting. We asked for a sidewalk. They said they
would put a sidewalk in on the north side, which was kind of odd, because you would
think they would put it on the south side, but they said the north side has already been
developed. Nobody else is going to develop that. It's storage units. We may as well
pay for it, because no money is coming in to pay for the north side to get fixed. So, we
are going to have the south side fixed before the bridge. After the bridge it's going to be
the north side that we will have a sidewalk. It doesn't make much sense. Density.
That's what everybody is really worried about. Safety. Numbers. One person
mentioned crime rate. I mean that many people in that type of spot -- I have got that
pretty little farm that's over there in the northwest corner. That's where they are going to
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be. That's where the teenagers are going to hang out. It's going to be on my place. I
got eight acres, open fields, nice grass, alfalfa. I already have kids playing there now
anyway, but I will have another two to three hundred more to chase out, but we are just
saying it's too much too soon. Let's wait, see what happens. We haven't really had a
time to let the commercial work, but the recession, if that's what -- the Great Recession
came right when these guys were working it. I sold that strip of land so they could build
Corporate Drive for the commercial development and it was going to be a nice little
intersection -- a cross intersection to hook up to Ruddy so that there would be a light
there at Corporate and Waltman. That was the plan. Not 500 people, a thousand
people, 3,000 cars a day. He said that the commercial was expecting more cars than
that. I find that really hard to believe and I think Ada County Highway District 3,000 cars
is -- is not enough. I don't think they took on how much of that Landing Subdivision is
going to come through that way. I don't know how many houses are over there, but a lot
more than probably four or five hundred. That's 2,000 cars just from that subdivision.
So, we -- we just want to pull back the reins. We want it developed, we just don't want
this high density, no open -- I mean we have a little two acres of open space. Not very
much parks or anything else and we just want to hope that you guys at this late hour will
help us -- delay this and let's come up with a better plan. Thank you.
De Weerd: Thank you very much.
Coles: That concludes the signups, Madam Mayor.
De Weerd: Is there anyone else who would like to provide testimony on this application?
Yes, sir. Thank you.
E.Haddock: Ed Haddock. 480 Waltman Lane. I have lived it. When I grew up at 520
Walton Lane in my childhood and now I'm 75. So, you know I have been there a long
time and we -- we really enjoy a rural lifestyle on Waltman Lane and, you know, I -- I
don't want to pull at your heartstrings here, but all of the testimony that's been given,
every -- the infrastructure to make this happen is just not there and I'm just afraid that
it's going to make a lot of concern for those residents who live there now. I think it's
going to make it really hard for them to adjust to something that's that dramatic. I think if
everything was put in place and everything -- the bridge is built, the road, like Joe
Lorcher said, you know, once you get to Ten Mile Creek and you go past Ten Mile
Creek, that road is not going to expand until -- until the commercial takes care of it and
expand it. So, we are going to have this nice wide street up to Ten Mile Creek and it's
going to skinny right down to the two lane. So, here you have all these people coming
through from one subdivision and from the -- from the subdivision that's planned and it
is going to be a real bottleneck right there and it's going to be a real danger for anyone
that's walking or biking, whatever it might be. So, I think it's just too soon. Thank you.
De Weerd: Thank you, Ed. Okay. Any further testimony?
Little Roberts: Madam Mayor?
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De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor, since someone brought up potential crime with this type
of density, I was just wondering if we could have the deputy chief weigh in.
Basterrechea: Sorry, I was looking at a call. Could you repeat the question?
De Weerd: We would like you to weigh in on having the kind of density that is being
proposed in -- in this particular part of our community.
Basterrechea: Well, I do have to say that the -- I don't see Waltman Lane sustaining the
traffic that has been discussed and I came in probably about the same time -- a little
earlier this morning as well coming through that -- that corridor and traffic was -- school
is starting back in session and seeing the pick up of traffic -- Meridian Road was
completely backed up from the freeway back towards Franklin Road and I think adding
to this -- unless those intersections are improved, unless that road is widened, we are
going to have safety issues.
De Weerd: Thank you, deputy chief. Any other questions from Council? If not, Matt,
would you like to come up and respond and wrap this up.
Schultz: Thank you. Matt Schultz. 8421 South Ten Mile. I'm like Joe, it's late. Sorry.
But I do appreciate all the comments that were had and I just want to -- you know, we
show pictures of kids on bikes on narrow roads and I have got kids on bikes on a road
myself and -- and we are very, very aware of safety in all of our designs and ACHD is,
too. We are widening. It doesn't look like it now. We are taking out trees. We are
widening roads. We are removing power poles. We are going -- we are going an extra
15, 20 feet to the south making enough room to put -- put the detached sidewalks, put
the road, make everything safe wherever we need to do it. Now, ACHD has stepped in
and said, hey, we can't make them improve it out to Meridian Road. We are like, hey,
we will help. Whatever. Let's share it. And they are like, well, maybe we will do that
project next year. Okay. Fine. We are not turning down any kind of way to participate
in any of this work. I want to put that on the record. I put it on the record at ACHD.
That's not what we are trying to do is avoid some curb and gutters and sidewalk. We
are just saying there is some corridors, it's offsite, ACHD said, well, we can't require
them. I'm like, hey, we will volunteer and the commissioners said, hey, I wouldn't
volunteer so quickly. Well, that's what we do. We got to finish -- we got to make sure
it's safe and we just got to do what's right on the traffic and the safety. As far as dense -
-
De Weerd: So, Matt, you're going to fully build that out?
Schultz: We are going to build our -- our side of Waltman -- 37 feet on our side, which is
half of a collector, plus you got an existing 25 foot prescriptive right of way on the other
side that's already there, that we -- we are going to build whatever needs to be done on
our side for -- for that and, then, Corporate Drive goes out as 30 foot wide of pavement
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with borrow ditch, sidewalk on one side. The reason you have the borrow ditch now
because, again, it's off site, you put in curb and gutter, all of a sudden you deal with
drainage, you need to get it out of the right of way. You got to put it on those people's
property. Are they really ready to designate where the drainage goes. And so ACHD --
again, ACHD has approved this. ACHD has reviewed the traffic study and the traffic
study was prepared by a professional engineer. The traffic works and I don't hear
anybody -- the elephant in the room, the 10,000 trips a day -- and it was 10,000 trips a
day. It's in the ACHD report, that the previous commercial development had. I mean it
was approved for 10,000 trips a day. Ten thousand. It was huge. This -- this is a great
reduction. I know 3,000 sounds like a lot, but for -- for Waltman, which would be
residential collector, it's not. Ruddy being -- being a nonfront housing, pseudo collector,
it's -- it's -- it's not. This thing meets the ACHD standards. It meets all the safety
standards. We are doing everything we can to make this right for everybody in the
area. It's a big change for people that had a dead end road there for 20 years next to
us. As far as density goes, what's dense? What we have here -- even though we have
asked for R-15 and R-40, what we have is in the R-15 we have got 5.7 to the acre, in
the R-40 we got 17 and the overall combined is 10.5. It is really kind of -- it's -- we are
not -- we are not talking 30, 40 dwelling units to the acre here, we are talking an
average for this area. So, it's not considered dense in planning terms. I know it seems
dense. It's denser than the R-4, which was zoned 20 years ago. There is a lot of single
story homes turned sideways on big lots, small homes, 1,200, 1,400 square feet and
that's fine, those 1,500 square foot homes in Meridian are going for 300,000 now. So,
anybody that says this is affordable -- for some people it might be, but we have never
said this is affordable. We never said this was going to be affordable. That was never
part of our sales pitch that this is going to be affordable. Meridian is expensive to live.
Fifteen hundred square foot single stories in Meridian are 300,000 right now. They just
are. So, this is by no means considered to be affordable. Obviously, you know, the
apartments are more affordable, but those are still, you know, over a thousand dollars a
month rent. Those are not that affordable either. But to live in Ada county that's just
what it takes these days. But as far as the -- the comments about the traffic and this is
going to be unsafe, we are going to do the heavy lifting and build those bridges. We are
going to build the sidewalks. We are going to widen the roads. We are going to build
the pathways. We are going to make it safer. From day one there is going to be a lot of
traffic going down there and it's us. I mean from day one Mallard Landing is going to go
and we are going to make it safer for those pedestrians that currently go there to have a
safer route than they have today, which is just walking on payment. They are going to
have sidewalk to walk on where they don't have it today. So, we are -- we are -- we are
improving the area. As far as Clair Manning requesting fencing, like I told his neighbor
across the street, we will do fencing. I offered him a berm before, he said, no, I don't
want a berm. What am I going to do with my beehives as well and we kind of left it at
that. So, he has presented he wants fencing, we will help with fencing. I will do the
fencing along there. He -- he is on -- he is the house that's right on the northeast corner
of Corporate and Waltman I believe. And so for the record we are willing to help with
fencing on both sides. It's relocating the irrigation. That's -- that's exactly what we do
with our engineering plans. As far as the -- the idea of running a longer road out to help
with the traffic, I -- I don't agree with that. I think that's not going to help the traffic. As
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far as -- some comments were made -- and I hope you notice nobody said, hey, we like
that commercial. Nobody said that. They all said, hey, we really want that commercial
zone there that was approved ten years ago. Nobody said that. So, what you heard
was, hey, we want R-4. Fair -- fair request. We think this is a little more suited to
transitional from the R-4 that's there. Transitioning over to the commercial that's going
to be on the other side of the Ten Mile for sure. So, we believe it's a good transitional
area for -- for lot sizes that are admittedly different than the R-4 that was done 20 years
ago next to us. As far as the -- I have covered pretty much it all and if I avoided -- I'm
not avoiding anybody's response here, but as far as our traffic study being approved,
meeting all the safe standards and everything -- our density is not that dense. A
gentleman made a comment about Meridian High being underserviced right now as far
as students, which is -- which is odd, but it's just because the neighborhood is older and
there is less kids going there. Peregrine is getting closer. The middle school has room.
So, we are -- we want to help as far as we can, but we know that those -- those funds
come from different sources and it's -- as developers we kind of get put in the middle on
that as far as what are you going to do? Well, we will do whatever we can. What do
you want us to do? So -- but not developing and leaving it as a vacant lot I think in the
middle of your city is not the right thing to do to wait for another 20 years. We could, but
we are asking to do something that's -- that's good quality. It's not that dense and it
meets all your standards and we want to -- we want to provide the infrastructure that
makes it right in the area where it's kind of been wrong for a long time. So, we want to
improve it and make it something we can all be proud of it and maintain it and make it a
good entry to the city. So, that's -- that's my spiel and I will stand for any questions if
you have got any.
De Weerd: Thank you, Matt. Council, any questions? Okay. Thank you. Council, any
additional questions for the applicant or any of those that testified? Or staff? Okay. If
not I would entertain a motion to close.
Milam: So moved.
Cavener: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I guess I will go first. Just going over my notes, first off, Matt, you always do a
fantastic job with your presentations. Enjoyable. Accurate. Been doing this for a long
time. So, I have a ton of respect for you. I -- just going over my notes real quickly,
when I was doing my homework the last couple of days, getting up to speed, making
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sure that I was in a position to make an educated decision on behalf of this application,
I -- there is -- there are some concerns and -- and as a Council we hear all the time
about density, about growth, about the schools, but one of my biggest concerns in
regard to this is the schools. Minimum this is going to add 300 plus -- 320 new students
to this area. And those are minimums. And so that won't be an issue for high school
students, because Meridian High School has the room, but Peregrine certainly won't
have the room and Meridian Middle certainly won't have the room. So, my question is
where do these kids go to school? Another concern, obviously, is -- is -- is the traffic
and the density. I agree with -- with -- with the deputy chief in regard to the safety
hazards and the safety issues that will come because of the traffic, along Waltman Lane
especially. It's interesting looking at Waltman Lane, you guys will do a great job
widening -- widening Waltman Lane up until your property line, but beyond your property
line to Meridian Road that's going to be a big issue. In fact, I would almost consider that
a serious issue and I -- and I just -- I don't -- I just don't see how that's going to work.
It's going to put a lot of congestion on Corporate Drive. I was -- I was thinking before -- I
lived in a subdivision called Woodbridge and -- and I -- I -- I would agree that this big
commercial won't work here. I agree with that. But with what's east of where I live, you
know, office space, light commercial, maybe more dentists offices or, you know, medical
use would be a viable option for this -- for this location and so there are a lot of different
things we can do here. Unfortunately, just the timing just isn't right with -- with where we
are at as a community and how far we are -- how much we are growing, how much
extra -- excuse me. How much it's going to squeeze our schools, so on and so forth.
So, as much as -- as much as I appreciate you, Matt, I got to sort of take the person out
of it and we got to make sure that we are making a prudent decision on behalf of the
greater good and what's going on in that area in our city and so with that said it's going
to be pretty tough for me to support this one.
De Weerd: Okay. Other comments?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I tend to agree with Councilman Bernt quite a bit on this and the biggest issue,
really, is that the density and the traffic for me and if you look at pouring -- all that traffic
pouring out onto Meridian Road it doesn't even look possible and the reason that we -- I
want to -- I want to go on record and say I like the original DA with the hotel and maybe
some -- kind of like over there off of -- by the freeway off of Eagle Road, you got hotels
and got some an office and medical stuff and that could work really well in there and --
and the reason -- because your traffic isn't going at the same time as all of the
commuters. So, you know, you got people coming in during the day, the more your
traffic is during the day, as opposed to a rush hour, and I -- I just really don't see how
that corridor, even once you get passed Waltman, can handle 3,000 -- you know, 3,000
more added trips right there and I agree that -- I like -- if you're going to put apartments
in somewhere near a freeway is -- is the right thing, but first glance I was like, yeah, this
-- this could work and it is a nice project and -- and you -- you do put together nice
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projects and great presentations, so -- but I just don't see this being a safe, viable
product right now at this location.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I have been an outlier all night, I guess I will continue that trend in that I really
support this project. We talk so much about the appropriate place for high density and
we talk time and time again about being able to get those people onto the interstate, to
be able to get access to major arterials and you can't put them much closer than this.
You combine that with what I think is a phenomenal transition plan to really I think
support the existing neighborhood. I guess I'm -- I'm surprised that this Council that has
approved high density in less accommodating areas -- is suddenly opposed to a project
like this and I feel like that sometimes we as a body get a little concerned about the
size. This is -- this is a big piece of land. This is a big project. But we shouldn't
penalize the applicant because it's a big chunk of land. What I -- what I heard from the
citizens tonight about the schools was that Peregrine has capacity for at least 90, the
middle school has capacity and the high school has capacity. We are not sending 380
kids to Peregrine. We don't know how many kids are going. So, I really struggle with
making a decision based on whether schools can or cannot handle it. We are not in the
school development business. This district has found tremendous success because of
the growth in our community, has found growth -- or found success as well and so I'm --
I'm just surprised. To me this checks all the right boxes for high density, checks all the
right boxes for a transition, and so I'm incredibly supportive of it. I think the applicant is
going above and beyond in terms of improving roadways to ensure that there is safe
access, both for pedestrians and for motorists.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: I must admit I am really torn on this. It's a beautiful project. Matt, you do
great work. I'm just not quite sure timing wise. I wish we were further along or even
finished with the comp plan, because I would love to have more input, because I can
see both sides regarding it. It is close to the freeway. We do talk about, you know,
having density and apartments close to where they can get on the freeway and go
either direction. So, I am -- I am totally on the fence right at the moment. Not that that
was helpful, but I felt like I needed to say something.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I share a lot of the sentiments and the concerns. I do love hearing what
everyone else has also said is, Matt, you do top notch work and the public that you deal
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with always seem to speak well of you and shoot straight, which is much appreciated.
The concerns that everyone has expressed -- this project -- or this land, I guess, I have
got history with. No connection with it now, but at a former firm, the former owners, we
were involved in all the original entitlements to this parcel. So, that whole commercial
stuff we were part of. So, I know that history that -- what happened back 12 years ago.
I -- quite frankly, the challenge of this location is more probably most focused on the off-
site intersection and redesign of Meridian Road and Main Street how it attaches to the
freeway and the lack of runway. That's been a much bigger problem with -- which has
kept the site from being developed. But the concerns that have all been raised here, I
kind of have the feeling, instead of kind of trade off of getting it done right now or getting
it done right, and kind of acknowledge, Matt, to your credit to be open to that and the
fact that we are redoing our comp plan right now -- looking at this in a vacuum is one
thing, but to try and understand, you know, converting 40 acres of commercial property
adjacent to a freeway, high density residential and how that impacts the overall
inventory of our community and -- I think we are getting so much good input from public
that didn't participate in the comp plan last time, they weren't here, I think all of that
would be helpful, like Councilman Little Roberts was talking about, the comp plan
process might help answer this question for me. So, I'm not comfortable moving
forward with it right now in light of those concerns and reservations. I think that process
has to be completed to help answer that question.
De Weerd: A lot of good discussion and so I would look for some direction through a
motion.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Before we do that, the applicant had raised his hand as though he wanted to
make a comment. The public hearing is closed, but --
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move that we reopen the public hearing to allow the applicant to provide
additional information.
Milam: Second.
De Weerd: I have a motion and a second to reopen the public hearing. All those in
favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
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Schultz: Matt Schultz. 8241 South Ten Mile. Thank you, Mayor and Councilmen for
letting me just speak a few words. So, it's always a little difficult after the public hearing
closes to hear all this -- man, I wish I could just jump in and -- but that's just the way it
goes. It's been that way my whole career, 20 years, so -- but I appreciate you letting me
speak. As much as I hate to do it, because I have done it before and I can see where
this is going, as far as -- yeah, I mean if -- I don't know if the proper avenue is to
continue this for an indefinite period. I don't know -- to participate in the comp plan
process. I'm just not sure what the thing is. I'm just not a hundred percent comfortable
moving ahead with the full decision approved tonight, basically, so I guess maybe ask
for a continuance to -- to bring I guess a better -- better idea is for us to at least be
able to address some of the concerns about the -- the traffic, with maybe -- maybe bring
them forward to our consultants and some more testimony on that to -- to alleviate --
and to the schools. The schools and the traffic to -- because I think we are jumping to
some conclusions on the traffic with ACHD not being able to participate and the traffic
engineer about not being able to answer these questions about how the intersection
works, how it doesn't, I just -- it just feels like we are jumping to some conclusions about
that and I would like to be able to provide some more -- more -- more testimony at least
before we go for an approve or deny that -- and you don't have to, you can say, no,
Matt, we will make a decision tonight and I would respect that, but I would just ask that
we continue to be able to -- to add some more information about the school and the off-
site traffic, see what ACHD could potentially do with us. They kind of left it ambiguous
as to what we would do with that off-site portion at Waltman. Well, we are going to get
down to business real quick and figure out a way to get that heavy lifting done, you
know, if possible and maybe that helps, maybe it doesn't. I at least would like to have
that opportunity at least before you make an assumption about the traffic and density,
when I don't think you -- I don't think -- unfortunately, there is -- I hear you. We never
did pin down how that -- how that gets done off site and we would like to be able to pin
that down and we could do that. So, if that's affecting your decision I would like to be
able to have the chance to address that and come up with a plan to fix that offset
portion. So, that's all. Thank you.
De Weerd: Thank you, Matt.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Love the fight, you know, to try and keep things going. Unfortunately, for me at
least in this one that doesn't -- I understand traffic is -- this is a massive reduction of
traffic. You know, it's a smaller big number. Much smaller big number, so -- so adding
additional information from ACHD or the school district, how students would be
dispersed, doesn't resolve -- one of the other bigger issues is trying to understand such
a drastic change in this type of property inventory and our comp plan process that we
are undergoing. So, the timing is unfortunate. I don't think -- and to continue it, in my
mind, colors that process, because you kind of have this hanging out there, it's -- you
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know, it will impact I think the process in a way that might not be fair to determine what
really should go in this location, if a change should happen at all. That's my concern.
De Weerd: Okay.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I echo the concerns and thoughts of Council Member Borton a hundred percent.
De Weerd: If there is no other reason to keep the public hearing open, I would entertain
to close.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we deny H-20 --
De Weerd: Can we close the public hearing first.
Bernt: Oh, sorry. I move that we close the public hearing of -- with H-2018-0023.
Little Roberts: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Mr. Bernt.
Bernt: I move that we deny application H-2018-0023.
De Weerd: I have a motion. Do I have a second?
Cavener: Second.
De Weerd: Okay. It was getting late. I have a motion and a second. Any discussion? I
know we have already had discussion. Any further --
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
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August 21, 2018
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Milam: Just in general, I guess, if -- if this is how we feel we really should -- we need to
make a decision that we are not going to make any more -- any changes to the comp
plan for anybody until the comp plan is done. I think maybe -- just for future agenda
topics, you know, we either do it or we don't and I think we need to make it a lot clearer
and cleaner.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I was going to wait until we were done with this to make a -- make a similar
comment. This body earlier tonight approved an industrial use across the street from
residential and now this same body is going to deny residential up against residential so
-- and -- and the reason that -- one of the reasons that we are denying -- it looks like this
body is going to deny it is because, well, we are going through this comp plan change.
Well, that same argument should have been made when this body was sufficient with
approving industrial that's across the street from some residential. So, I really think that
we, as a body, need to make some type of a formal statement to the development
community, because if I'm sitting where the applicant's sitting, my head is spinning with
confusion about what the City Council is wanting to do and I think we owe it to our
partners in the development community to provide them at least some direction or some
consistency, whether that is no comp plan changes until we have -- we have had our
update -- great. If we are going to entertain that, great. But we shouldn't be using that
as a basis of denial in my opinion.
De Weerd: Okay. If there is nothing further, Mr. Cl erk.
Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: The ayes have it.
MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT.
De Weerd: I do think that we need to have a conversation and I -- I know that planning
was -- was anticipating a workshop next month. We may want to have that sooner. I
know it's not just the applicants, it's the staff that needs to be able to talk with -- with
those that walk in the door with applications to propose amendment to the
Comprehensive Plan and -- and, frankly, if we are in the midst of updating our
Comprehensive Plan it does make sense to be participating in that update and -- and
waiting until that new map comes out. But Caleb or -- or what is -- do you want to have
this conversation sooner? Putting you on the spot. I don't mean to do that.
Hood: So, Madam Mayor, Members of the Council, I'm going to kind of throw it back on
you. I'm willing to have -- I got the summary from Cameron at the directors meeting and
having that within the next four weeks coming back before you all to have that
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conversation, but if you want to have it earlier, that's, obviously, your call. So, I have it
on my to do, like you said, Madam Mayor, in the next four weeks was the summary
report I got back from the director, but if you want to accelerate that -- let's not do it
tonight. It's not on the agenda, so --
De Weerd: Yeah. You're safe. It's not on the agenda.
Hood: So, again, I -- any Tuesday between now and then we can -- and just quite
honestly, while I have the mic, I'm going to rely on you for a lot of that. I don't -- I don't
necessarily have -- I do like the direction, I do want to maintain and always improve our
relationship with the development community, so any guidance you can give us that way
-- you had another project and it was just -- no, there it's a one time thing, don't read too
much into this, staff, but we even now are kind of saying, hey, folks, you know, some
things afoot here and maybe, you know, come along with us as we refine our vision for
our community. So, anyways, just -- again, Madam Mayor, to answer your question,
whenever you would like.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: September 4th is a pretty light agenda.
De Weerd: Okay.
Borton: Oh, sorry. September 4th is very light.
De Weerd: Okay.
Borton: To consider for bringing that back.
De Weerd: And I know earlier Denise had brought -- brought up this topic and so -- so,
for the record, it is on September 4th.
Milam: Great. Thank you.
De Weerd: Okay. And -- and that was a good point. Thank you. We just don't want
Sonya's job to be boring. I think she heard it. Yes, she did.
H. Public Hearing for Bainbridge Franklin (H-2018-0057) by Steve
Bainbridge Located at 2075 and 2155 W. Franklin Rd.
1. Request: Annexation and Zoning of 3.68 Acres of Land with
a C-G Zoning District
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August 21, 2018
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De Weerd: Okay. Item H is H-2018-0057. I will open the public hearing. This has
been requested to continue to October 2nd and that was based on some issues the
applicant wanted to work out with staff and -- that were raised through the Planning and
Zoning Commission. Council, any further information needed on that? If not, I would
entertain a motion to continue.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we continue H-2018-0057 to October 2nd, 2018.
Cavener: Second.
De Weerd: I have a motion and a second to continue to October 2nd. All those in favor
say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
I. Public Hearing for Fairbourne Subdivision (H-2018-0052) by
Fairbourne Development, LLC Located at the Northwest
Corner of W. Chinden Blvd. and N. Black Cat Rd.
1. Request: Rezone of a Portion of Property from R-15 (9.71
Acres), R-8 (39.71 Acres), and C-C (19.48 Acres) to R-8
(62.41 Acres) and CC (6.48 Acres); and
2. Request: Preliminary Plat Consisting of 176 Building Lots
and 26 Common Lots on 66.35 Acres of Land in a Proposed R-8
and C-C Zoning District; and
3. Request: To Be Removed From an Existing Development
Agreement and to be Placed in a New, Separate Agreement
De Weerd: Item 9-I is a public hearing on H-2018-0052. I will open this hearing with
staff comments.
Beach: Good evening, Madam Mayor, Members of Council. Before you tonight is the
-- called Fairbourne Subdivision. It is on the northwest corner of Black Cat Road and
West Chinden Boulevard and the site consists of approximately 66.35 acres of land and
it's currently zoned R-15, R-8 and C-C. The applicant is looking for a rezone, a
preliminary plat, and for a development agreement modification. Some history on this
project. Back in 2006 the property was annexed as the Tree Farm Subdivision and was
granted approval with R-15, R-8 and C-C zoning districts and a development agreement
was executed on the annexation of that property. Several addendums to the DA have
also been recorded. In 2007 a third amendment to the DA was approved and recorded
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that realigned the zoning district boundaries consistent with the approved preliminary
plat. The Comprehensive Plan future land use map designation is medium density, low
density, and mixed use community. So, the rezone, the subject property is governed by
a development agreement recorded as instrument number 106151218, which is the
Tree Farm -- as you see here on your slide here is how the zoning boundary was
designated to align with the comp -- the concept plan provided with the development.
The applicant's requesting to eliminate the R-15 zoned area, to reduce the C-C zoning
district and to increase the size of the R-8 zoning district. The purpose of the rezone is
to reduce the amount of commercial property and to increase the amount of residential
property in the area. So, as part of the application staff is requiring that the applicant
enter into a -- a new development agreement for the subject property to the
requirements listed in the staff report and we can go over those. I did not create a slide,
but I have got the staff report pulled up, so we can go through those. In addition to the
rezone and the development agreement, the applicant is also proposing a preliminary
plat. The plat consists of 176 single family residential lots, one commercial lot, and 26
common lots on the roughly 66.35 acres of land with the R-8 and C-C zoning districts.
Staff is determined that those two zoning districts are appropriate with the proposed
development. The gross density for the subject property, 2.82 dwelling units per acre,
the R-8 portion of the project, and moving on here, this is the commercially -- the
commercial -- single commercial property is here and the orientation for you is always
off, so I can fit them on the page. North is to the right and so this would be actually the
hard corner of Chinden and Black Cat. So, the R-8 portion is 62.41 acres of land. The
portion consists of 176 single family residential lots, as I said, with an approximate
density of 2.82 dwelling units per acre and the C-C portion of the project, indicated by
my mouse again here, would be approximately 4.8 acres in size. The applicant
proposes to develop the property -- or the entire preliminary plat in four phases. There
are -- moving on here, if you can kind of see a little bit better. There are four common
driveways proposed. Per UDC 11 -6-C-3D, common driveways shall serve a maximum
of six dwelling units. It seems to meet that requirement. Chinden Boulevard is a state
highway. The UDC prohibits access to state highways at locations other than at section
lines or at the half mile between sections. The replacement of the plat prohibiting direct
a lot access to Chinden Boulevard and also required by the UDC is a requirement and
that noise abatement be provided along a berm or berm wall combination against any
residential properties, so the applicant is required to do that in this section here.
Because this is commercial in this location, they are not required to put noise abatement
there. Access is -- is provided from North Black Cat Road. The applicant has discussed
the extension of North Black Cat Road and North Tree Farm Way with the adjacent
property owner and with representatives of the Ada County Highway District. The road
will be constructed with the first phase. Access to the commercial parcel shall be off of
Waverton Drive. Direct access to Black Cat shall not be permitted with the
development. I will say that when we went through the Planning and Zoning
Commission the applicant did not catch the requirement that we would not let them
have direct access to Black Cat Road and so in a subsequent e-mail -- and I'm sure he
will come up and discuss that. He is asking that he be allowed to have direct access to
Black Cat from the commercial property. In reviewing the staff report from the highway
district they are allowing that and so that will be a point of discussion from the applicant
Meridian City Council
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Page 96 of 108
tonight. The applicant is proposing 8.97 acres or 14.4 percent open space for the
development. He's proposing a clubhouse, a pool, children's play structure and
pedestrian walking path as amenities. That does meet the UDC requirements for the
number of amenities for a subdivision this size. As I said, Chinden Boulevard is
classified as an entryway corridor on the future land use map and requires a 35 foot
landscape buffer. The applicant is proposing to construct a 35 foot landscape buffer
along Chinden Boulevard, located outside the future 200 foot right of way for the
highway. Moving forward, we did provide -- initially with the Planning and Zoning
Commission there was a concern that -- I will kind of flip back between these two slides.
You seen in my mouse here on the north side of the project there is a common lot that
has a pathway that runs to the north along the Phyllis Canal and, then, will, again, come
back out on this section of Black Cat that is not being proposed to be constructed right
now. So, staff had concern that there would be limited visibility on this large open space
lot here, understanding the reason why they would like that, it provided excellent views,
but concerns were raised that there would be some activity there that wouldn't be able
to be monitored by -- by any of the emergency services. So, we had -- the applicant
worked with the police department specifically and came up with a solution for that. So,
I wanted to make sure I provided that slide for you, so that you can see that they are
going to provide an -- an access road, so that folks can -- specifically police can get
down there and see what's going on. So, these are some examples of the proposed
amenities for the subdivision and a central open space and, then, some conceptual
building elevations as provided by the applicant. So, moving on to the summary of the
public hearing from July 12th at the Planning and Zoning Commission, Sam Johnson,
the applicant, was in favor of the project. Didn't have any folks commenting in
opposition or -- or commenting at all. Didn't receive any written testimony. I was the
staff that presented the application. There were no other -- other staff comments made.
As I said, there was no public testimony, so there were no key issues. Some of the key
issues of discussion by the Commission -- how the -- how does this development impact
the Black Cat improvements on the corner of the Costco development. A common lot
on the north boundary of the site seems to be hidden from view from the adjacent public
streets. The fire and police department is okay with that design. How will this and other
large developments in the area impact traffic congestion on Black Cat, Tree Farm Way,
and Chinden Boulevard. The Commission did not make any changes to staff's
recommendation. There are no outstanding issues for Council. And did not receive any
written testimony since the Planning and Zoning Commission and, again, the Planning
and Zoning Commission did -- did recommend approval. Like to see the development
agreement conditions. I know there is specifically one that the applicant's wanting to
modify to allow for him to have access to Black Cat Road directly from the commercial
parcel. So, with that I will stand for any questions you have.
De Weerd: Council, any questions? Josh, does this -- does this help with the issues on
Tree Farm and -- and give them that access of how --
Beach: Not really.
De Weerd: Okay.
Meridian City Council
August 21, 2018
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Beach: There is lots of concern with those folks there. For the Roxbury church that was
approved and the -- there is another subdivision going to be coming just north of the
Roxbury Church on a parcel that's R-15 there, but a lot of concern from Spurwing
Greens folks that Tree Farm is the only way out for all of them and this will help -- this
will help with that.
De Weerd: Okay. Thank you. Well, if there is no questions, I will ask the applicant if he
would like to make comment. Thank you for hanging in there.
Johnson: Well, thank you. Sam Johnson. I represent Fairbourne Development, 2701
East Pine Avenue in Meridian. 83642. I appreciate staff and working with Josh on all
-- all this application. I'll keep it short and cut the fat tonight. This is a very
straightforward subdivision. We are hoping that it's more of a neighborhood and an
amenity to the community that people will talk about for years to come. We feel that the
design is -- is something unique. We have like -- like Josh said, we have a variety of
density and we are asking R-8 in density, the whole thing, but we do transition from
4,200 square foot alley-loaded lots up near Chinden, all the way to half acre lots on the
rim. We think that that density -- or that mix in density and mix in product will help with
the vibrancy of the community. Obviously there is walking paths and connectivity
throughout. This -- this park that's on the north -- or on the far right of your -- of the
picture in front of you, we call it the secondary park. It's something unique for this
property. That -- that area, that triangle, is about ten to 15 feet lower than the lots that
are to the left, so it kind of creates a little bit of a land terrace park area that the
community can use and I have -- as I have traveled the country and looked at other
communities, I have admired where some have used some of the view corridors and
view areas and maybe the top of the hill to use that for a common space and not just to
a select people who -- select few that can afford it. Granted, there are ten half acre lots
there on the rim that will be higher end, but this secondary park will be an amenity that
will be unique to this -- this community here. Speaking of Black Cat -- and I know it's
been a point of contention and in discussion for many, many months. As you know, the
neighboring property to the east is being developed right now by M3 Development with
Spurwing Heights neighborhood is what they call it. There -- they have done their
second phase and part of the road, just to give you a current window, this section of
Black Cat is currently in. It's -- it's installed and it's paved. Their third phase, if you
remember, it cannot be recorded until they connect to Chinden and that connection only
requires a 30 foot asphalt section. It doesn't require curb, gutter and sidewalk. They
are -- the stakes are there and they are preparing to do that right now. That -- so that
connection will happen soon. So, from this area here -- this intersection at Highland
Falls to the north, ACHD doesn't want any improvements there, because there is no
property taking access off of that section for now. So, myself and the -- and M3 next
door are required to put in a -- put money into a road trust fund that will pay for those
improvements when the crossing of the Phyllis Canal occurs. They don't want to jump
the gun on that -- on where that road lands and what the elevation is -- is of Black Cat
until they know how the bridge is going to cross over Phyllis Canal. We -- with the
intersection of Black Cat and Chinden. There is -- we are allowed to -- per the
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August 21, 2018
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conditions with the -- with ACHD and ITD, that we can build up to 111 lots, which
equates to our first two phases, before a signal is required at that intersection. With --
we are working with Costco and -- and with their timing -- if their timing continues as --
as planned, their timing might work great with -- for our timing as well, but there is a
condition -- we are conditioned if they back away and we want to continue, then, we will
be responsible for building either a temporary signal or building out the full signal at the
time. Other than that, I think we have a great project here and it's pretty -- it's pretty cut
and dry and -- and the one condition that we would like to change in the staff report that,
yes, I missed in the P&Z staff report, is Condition 1.1.D -- 1.1.1D. It states that access
to the commercial parcel shall be from Waverton Drive and, then, the direct access to
Black Cat shall not be permitted and we would like to have access and -- to -- to Black
Cat and per the ACHD report, which we agree with, that access would be a right-in,
right-out only. And other than that, I stand for questions.
De Weerd: Thank you. Council, questions? Thank you, Sam. I don't see any at this
time.
Beach: Madam Mayor, if I could quickly while Sam -- before Sam sits down, we -- we
spoke earlier, he and I, about Condition 1.1.3D and wanted to clarify what that meant,
because I -- as I said earlier, we require a berm or berm wall combination up against
residential, but we don't necessarily have that requirement along commercial. The way
that condition is written I'm requiring him to put a six foot tall fence along the
commercial. Didn't know if that was something he was still wanting to -- to adjust, so I
thought I would just mention before he sat down and he could comment on it.
Johnson: Yeah . I appreciate that. And I -- I would -- I would request that we are not
required to have a six foot fence there on the commercial portion, but certainly the noise
abatement for the residential, yes. But the way that that condition is written it kind of
makes -- it's a little confusing to me that it says provide a six foot tall solid fence and
noise abatements per the code. Later on it says this is only pertaining to this -- the
residential portion, but I think the intent was that the six foot fence would be against the
-- where -- where the commercial is and the noise abatement against residential, I
would -- I would request that the six foot tall solid fence from that condition be removed.
De Weerd: In front of the commercial.
Johnson: Correct.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: But don't you want to hide your commercial property so nobody could see it?
Sorry. I'm just ridiculous. It's ridiculous. Okay.
Johnson: I got it.
Meridian City Council
August 21, 2018
Page 99 of 108
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If I tracked that right -- fence adjacent to residential as written. That's
appropriate for that -- okay.
Johnson: The noise -- the noise abatement. So, it's kind of -- in that first sentence it
says provide six foot tall -- six foot tall solid fence. That's commercial. The commercial
portion. And noise abatement for the residential. And that's -- that's the confusion.
De Weerd: So, you would like to do the noise abatement for the residential and no
fence for the commercial.
Johnson: Correct.
De Weerd: Okay.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: When I read that early I thought it was noise abatement and a fence --
Johnson: So, did I.
Milam: -- on only the residential, not on the commercial. So, what is the noise
abatement then? And there -- there have been -- I hope there is a fence. Otherwise,
houses should not be along Chinden.
Johnson: Yes. The noise abatement requirement for that -- for the code -- it is either a
ten -- it's a ten foot minimum height, higher than the center line of Children, and it's
either a berm that's ten feet high or taller or a combination berm and sound wall. That's
the ten minimum. Ten feet higher than the center line. So, it gives you -- it gives me the
flexibility of doing a berm and/or -- sorry. A berm or a berm and wall. But the way that
this was written and conversations with Josh, it was confusing to me that -- it made it
sound like I needed to do a ten foot berm and a six foot fence, but that's not the intent of
the condition from what I understand.
Beach: I should have just made it simple and said comply with the UDC, but -- no
wordsmithing. Tripped over myself, so -- that -- that's the goal.
De Weerd: Okay. Thank you, Sam.
Coles: There were no signups, Madam Mayor.
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Bernt: I was wondering if you were going to come up and talk.
LaFever: Well, I was going to stay the whole time anyhow, but since I'm here, Denise
LaFever. 6706 North Salvia Way, Meridian, Idaho. Spurwing. I appreciate this is
already zoned and we have a developer here that is willing to go back and lower the
intensity and density. So -- because what could have gone there could have been a lot
higher. So, I thank the developer for putting together a good plan.
De Weerd: Thank you, Denise. Okay. Any further comments, Sam? Council, any
further information needed? If not I would entertain a motion to close.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move we close the public hearing on H-2018-0052.
Little Roberts: Second.
De Weerd: I have a motion and a second close public hearing. All those in favor say
aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approved H-2018-0052, allowing commercial access --
commercial access to Black Cat Road -- is there anything else?
De Weerd: And clarification -- the no fencing in front of the commercial.
Milam: No fencing in front of the commercial and the sound abatement is per UDC
code.
De Weerd: Okay. Any discussion? Hearing none, Mr. Cl erk.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: What pleasant ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Meridian City Council
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Milam: Madam Mayor?
De Weerd: Yes, Mrs. Milam.
Milam: I just wanted to say I really appreciate the design in this and, you know, how
you have some smaller lots up to the half acre lots. It's a beautiful project and I think I
might move there. Want one of the big lots in the back.
J. Public Hearing to Consider the Exchange of City-Owned Real
Property for Real Property Owned by Woodside Harris LLC
1. Exchange Approximately 1,640 Square Feet Of City-Owned
Real Property For Approximately 1,958 Square Feet Of Real
Property Owned By Woodside Harris LLC At Meridian’s
Water Well Lot Number 28 Being A Portion Of Lots 16 And 24,
Block 1 Of Blackrock Subdivision No. 1 As Shown In Book 96 Of
Plats On Pages 12003 Thru 12008, Records Of Ada County,
Idaho, And Being Located In The E ½ Of Section 32,
Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho
De Weerd: Okay. Item 9-J is a public --
Nary: Madam Mayor?
De Weerd: Yes.
Nary: Sorry.
De Weerd: That's all right. Go ahead.
Nary: I just didn't want to jump ahead. I was going to say, Madam Mayor, if we could
pull up the record of survey here, this probably is easier if we look at the picture of it
than for me to try to explain it. This should take less than an hour. Basically, we are
squaring off a city well lot in Blackrock -- when we get to the picture. Can you pull it up,
C.Jay? Oh. Okay. So, Madam Mayor, Members of the Council, you will see, basically,
this is a well lot that's shaped like an odd shape Lego and now it will be a rectangle. We
will retain an easement to enter this well lot that's owned by the city. Basically, this
original piece that we are exchanging is the one that's the top part of this and that
section is -- was originally going to be part of the berm, now the berm has been
constructed. We own the other portion that was our access. We will maintain the
access, but we are squaring off the lot, so it gives us more flexibility within the well lot.
And if the Mayor -- if the Council agrees, the ordinance is on as Item K, that you can
approve tonight, and it will follow with an agreement that Mr. Baird is just ironing out a
couple details and we should have it on -- probably on next week's agenda.
Meridian City Council
August 21, 2018
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De Weerd: Any questions? If not we do have an ordinance 18-1789.
Milam: Madam Mayor?
De Weerd: Yes.
Milam: Since that was a public hearing, we need to close the public hearing or do we
just move on to K?
De Weerd: Yes. Close the public hearing.
Milam: I move we close the public hearing on Item -- whatever. Are we at 9-J?
De Weerd: J.
Milam: I don't know what number we are on.
De Weerd: Nine.
Milam: 9-J.
Little Roberts: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
K. Ordinance No. 18-1789: An Ordinance Authorizing The
Conveyance And Exchange Of Approximately 1,640 Square
Feet Of City-Owned Real Property For Approximately 1,958
Square Feet Of Real Property Owned By Woodside Harris LLC
At Meridian’s Water Well Lot Number 28 Being A Portion Of
Lots 16 And 24, Block 1 Of Blackrock Subdivision No. 1 As
Shown In Book 96 Of Plats On Pages 12003 Thru 12008,
Records Of Ada County, Idaho, And Being Located In The E ½
Of Section 32, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho; Authorizing The Mayor And City
Clerk To Execute And Attest On Behalf Of The City Of Meridian
The Deed And Other Documents Necessary To Complete The
Transaction; Providing For A Waiver Of The Reading Rules;
And Providing An Effective Date
De Weerd: And K is the ordinance, 18-1789 as it relates to 9-J. Mr. Clerk, will you,
please, read this by title.
Meridian City Council
August 21, 2018
Page 103 of 108
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1789, an
ordinance authorizing the conveyance and exchange of approximately 1,640 square
feet of city-owned real property for approximately 1,958 square feet of real property
owned by Woodside Harris, LLC, at Meridian’s Water Well Lot No. 28, being a portion of
Lots 16 and 24, Block 1, of Blackrock Subdivision No. 1, as shown in Book 96 of Plats
on pages 12003 thru 12008, Records of Ada county, Idaho, and being located in the E
½ of Section 32, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho;
authorizing the Mayor and City Clerk to execute and attest on behalf of the City of
Meridian. The deed and other documents necessary to complete the transaction;
providing for a waiver of the reading rules; and providing an effective date.
De Weerd: You have heard this read by title. Do we have a motion to approve?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Move that we approve Ordinance No. 18-1789, with suspension of rules.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 9-K. Is there is no
discussion, Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
L. Resolution No. 18-2099: A Resolution Re-Appointing Steve
Vlassek to Seat 3 of the Meridian Development Corporation,
Re-Appointing Tammy de Weerd to Seat 5 of the Meridian
Development Corporation and Re-Appointing Nathan Mueller
to Seat 8 of the Meridian Development Corporation
De Weerd: Item 9-L is Resolution 18-2099. Council, I -- I did talk with a couple of
Council Members about this and had some good discussion along the way in terms of,
you know, the historical desire to have two elected officials on it as we first started the
MDC. At the time it was discussed Mayor or Council was really a desire to have two
elected officials. The Mayor was not interested at the time. So, you know, it was
referred to as two council members. In 2007 when Councilman Borton stepped down,
Council did discuss the -- and this is just by memory -- and we did try to find the memo
that was referenced in the minutes, but to have two elected officials and at the time we
were discussing a lot of various things that did demand staff resources and staff time
Meridian City Council
August 21, 2018
Page 104 of 108
and we were talking maintenance of landscaping and -- and other areas that show the
importance of having the Mayor as the city administrator and -- and the -- the conduit to
be in that communication and staff resource and department link. So, that was the --
the direction we went at that time. I would say that I, too, think that we need to have a
City Council representative and I do know that there is interest in, so I am dedicated at
the earliest time to have a second elected official on the MDC board, but I would ask for
your approval of the appointments as read in Resolution 18-2099. I would stand for
questions.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Hearing no discussion, I would like to say that I appreciate the
discussion that's gone on through the last week and I would like to go ahead and move
that we accept Resolution 18-2099 and reappoint Steve Vlassek to Seat 3 for MDC and
the Mayor to Seat 5 and Nathan Mueller to Seat 8.
Milam: Second.
De Weerd: I have a motion in a second. Any discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: A couple I think important comments to be shared. One, I know
Councilmember Palmer is not here, but I think he spent a considerable amount of time
researching the history, which I think helped to facilitate some better conversations -- I
know at least for myself. I know for some other Council Members as well. The hour is
late and so perhaps my filter will be less prevalent than it normally is, but I have to be
very frank, I'm disappointed to see this return. Last week the Council could have had
the opportunity to modify this and add a different name. We chose not to, because we
thought that the conversation with the Mayor -- at least I myself had the conversation
with the Mayor -- was important. This Council before us established City Council
members as acting members of MDC and for a period of months that has not existed.
Mayor, I think you had an excellent opportunity to show great leadership and appoint a
City Council member and correct that deficiency. You had your own reasons for
choosing not to, but it makes it very challenging for me to be supportive of this
resolution coming back for a second week in a row when the Council voted not to
support it last week.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Meridian City Council
August 21, 2018
Page 105 of 108
Milam: I definitely want to see a Council Member on the MDC board as soon as
possible. However, I don't think that removing somebody who wants to serve is the
proper way to go about that. So, I would like to -- you know, I have heard there might
be somebody or -- that might be stepping down and I would say the next available
opening a Council Member goes on there, which the longest period I guess that would
be would be when -- the year when a few seats will be open. But if there is anything
happen sooner with anybody, that opportunity needs to happen immediately, in my
opinion.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I try really hard for us to not talk to each other in the meeting, but with the
chair, but I think Council Member Milam brings up a point that I think is important to -- to
correct and that is I -- I don't think anybody on this body has any desire to remove
somebody that has been appointed. These are -- these are reappointments and I know
that in the past both from my time on the City Council and my time on the MDC, that
there have been members who have wanted to continue in service, either on a various
commission or on the MDC, and were not given that opportunity, because it was
determined that it was an opportunity to put somebody new on. So, I have no desire to
remove somebody, rather I believe it's important at this juncture, when we have the
opportunity to put somebody to represent the City Council, that now is that appropriate
time.
De Weerd: Okay. Any other discussion?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Just a point of clarification for me. You know, when Mr. Bird was a member of
this body he was, basically, the City Council representative, along with Madam Mayor --
De Weerd: Do we -- do we need to have a recess?
Cavener: Madam Mayor, if you want to recess, I'm fine for a recess. Doesn't matter to
me.
De Weerd: Yeah . I guess we have someone speaking. I'm sorry, Mr. Bernt.
Bernt: That's fine. I just -- just for a point of clarification, Mr. Bird, who we all love and
respect when he was a member of this body, was appointed and he's been on the board
for many, many moons representing City Council on MDC. Madam Mayor, if we could,
is there a reason why -- this is just for me personally -- if -- if that was a City Council -- if
he was a City Council representative -- I don't want to second guess anything, but why -
Meridian City Council
August 21, 2018
Page 106 of 108
- why didn't we have this discussion back -- why is this a big deal now and not a big deal
back then when -- I'm assuming that it was a unanimous decision to work -- or,
obviously, a majority to keep Mr. Bird on -- on MDC with -- basically in a -- in a City
Council seat when he had announced his retirement from this body. Why are -- why --
why are we having this -- why is it a big deal now and not then.
De Weerd: I -- and I didn't go back and look at the minutes at that time, but I believe
that Mr. Nary did point out that they are appointed as individuals and that that term
would -- would be a three year term when he was appointed in 2016.
Bernt: '16. So, I wasn't -- it wasn't fall of 2017.
De Weerd: No. I think that our City Clerk looked it up and -- and that was when he was
reappointment.
Bernt: Okay. That actually makes more sense to me. Thank you for that clarification.
De Weerd: Anything further? Mr. Clerk, would you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: Okay. The ayes have it.
MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT.
Item 10: Ordinances [Action Items]
A. Ordinance No. 18-1787: An Ordinance (H-2018-0046–
Sodalicious) For Annexation Of A Parcel Of Land Situated In
The Northwest ¼ Of The Northeast ¼ Of Section 7, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, As
Described In Attachment “A” And Annexing Certain Lands And
Territory, Situated In Ada County, Idaho, And Adjacent And m
Contiguous To The Corporate Limits Of The City Of Meridian
As Requested By The City Of Meridian; Establishing And
Determining The Land Use Zoning Classification Of 0.36 Acres
Of Land From Rut To C-G (General Retail And Service
Commercial) Zoning District In The Meridian City Code;
Providing That Copies Of This Ordinance Shall Be Filed With
The Ada County Assessor, The Ada County Recorder, And The
Idaho State Tax Commission, As Required By Law; And
Providing For A Summary Of The Ordinance; And Providing
For A Waiver Of The Reading Rules; And Providing An
Effective Date
Meridian City Council
August 21, 2018
Page 107 of 108
De Weerd: Thank you, Council. And I will -- I will be dedicated to making sure that is
captured. Item 10-A Ordinance 18-1787. Mr. Cl erk, will you, please, read this by title.
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1787. An
Ordinance file H-2018-0046 - Sodalicious, for annexation of a parcel of land situated in
the northwest ¼ of the northeast ¼ of Section 7, Township 3 North, Range 1 East, Boise
meridian, Ada County, Idaho, as described in Attachment “A” and annexing certain lands
and territory, situated in Ada county, Idaho, and adjacent and contiguous to the
corporate limits of the City of Meridian as requested by the City of Meridian; establishing
and determining the land use zoning classification of 0.36 acres of land from RUT to C-
G (General Retail and Service Commercial) Zoning District in the Meridian City Code;
providing that copies of this ordinance shall be filed with the Ada County Assessor, the
Ada County Recorder, and the Idaho State Tax Commission, as required by law; and
providing for a summary of the ordinance; and providing for a waiver of the reading
rules; and providing an effective date.
De Weerd: Thank you. Council, you have heard the reading of ordinance under 10-A.
Do I have a motion?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we approved Ordinance No. 18-1787 with suspension of rules.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 10-A. Mr. Clerk, will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Ordinance No. 18-1788: An Ordinance (H-2018-0048– Compass
Charter School) For Annexation Of A Parcel Of Land Within
The Southwest Quarter Of The Southwest Quarter Of Section
10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, As Described In Attachment “A” And Annexing
Certain Lands And Territory, Situated In Ada County, Idaho,
And Adjacent And Contiguous To The Corporate Limits Of The
City Of Meridian As Requested By The City Of Meridian;
Establishing And Determining The Land Use Zoning
Classification Of 21.93 Acres Of Land From Rut To Me (Mixed
Employment) Zoning District In The Meridian City Code;
Meridian City Council
August 21, 2018
Page 108 of 108
Providing That Copies Of This Ordinance Shall Be Filed With
The Ada County Assessor, The Ada County Recorder, And The
Idaho State Tax Commission, As Required By Law; And
Providing For A Summary Of The Ordinance; And Providing
For A Waiver Of The Reading Rules; And Providing An
Effective Date.
De Weerd: 10-B is Ordinance 18-1788. Mr. Cl erk, will you read this by title.
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1788: An
Ordinance file H-2018-0048 -- Compass Charter School, for annexation of a parcel of
land within the southwest quarter of the southwest quarter of Section 10, Township 3
North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment
“A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent
and contiguous to the corporate limits of the City of Meridian as requested by the City of
Meridian; establishing and determining the land use zoning classification of 21.93 acres
of land from RUT to ME (Mixed Employment) Zoning District in the Meridian City Code;
providing that copies of this ordinance shall be filed with the Ada County Assessor, the
Ada County Recorder, and the Idaho State Tax Commission, as required by law; and
providing for a summary of the ordinance; and providing for a waiver of the reading
rules; and providing an effective date.
De Weerd: You have heard this read by title. Do I have a motion?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: I move we approve Ordinance No. 18-1788 with suspension of rules.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 10-B. If there is no
discussion, Mr. Cl erk.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 11 : Future Meeting Topics
De Weerd: Council, we have set out as scheduled September 4th as the discussion
about consideration of land use map changes until we conclude our conference plan
Meridian City Council
August 21, 2018
Page 109 of 108
process. Is there anything further? I will remind you we have Movie Night, Main Street
Market, and our last Concert On Broadway and I would like to personally invite you --
we have our Mayor's Youth Advisory Council kickoff on August 27th. Parents are invited
to attend with their students on next Monday. It starts at 6:00. And, again, at 7:00. We
do two nights the first night, because usually we get a lot of interest just to see what's
going on. So, love to have you join us. If there is nothing further, I would entertain a
motion to adjourn.
Milam: So moved.
Borton: Second
De Weerd: All those in favor say aye. Boy, it is late.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 11:52 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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