HomeMy WebLinkAbout2019-01-02Meridian City Council January 2, 2019.
A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, January
2, 2019, by Mayor Tammy de Weerd.
Members Present: Tammy De Weerd, Luke Cavener, Ty Palmer, Genesis Milam and Treg
Bernt.
Members Absent: Joe Borton and Anne Little Roberts.
Also present: C.Jay Coles, Bill Nary, Bill Parsons, Sonya Allen, Kyle Radek, Brian Harper,
Joe Bongiorno, Steve Siddoway, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
__ Anne Little Roberts _ _Joe Borton
X__ Ty Palmer X__ Treg Bernt
__X___Genesis Milam __X___Lucas Cavener
__X_ Mayor Tammy de Weerd
De Weerd: Okay. Good evening and Happy New Year. Thank you for joining us for the
first City Council meeting of 2019. For the record it is Wednesday, January 2nd. It's a
few minutes after 6:00. We will start with roll call attendance, Mr. Clerk.
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 to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry Woodard of Ten Mile Christian Church
De Weerd: Item No. 3 is our community invocation and I don't see Larry Woodard, who
was going to lead us.
Item 4: Adoption of Agenda
De Weerd: So, we will move to Item 4, which is adoption of the agenda.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just checking. I move that we approve the agenda as published.
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Milam: Second.
De Weerd: I have a motion and a second to approve the agenda. All those in favor say
aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Mr. Clerk, anything under Item 5?
Coles: There are no signups, Madam Mayor.
Item 6: Consent Agenda [Action Item]
A. Approve Minutes of December 11, 2018 City Council Workshop
Meeting
B. Approve Minutes of December 18, 2018 City Council Regular
Meeting
C. Meridian West Medical Office Building Water Main Easement
D. Oberg Subdivision Pedestrian Pathway Easement
E. Partial Release of Brinegar Prairie Subdivision No. 2 Water Main
Easement
F. Pathway Agreement Between the Nampa-Meridian Irrigation
District and the City of Meridian Regarding Baraya Subdivision
No. 3
G. Pathway Agreement Between the Nampa-Meridian Irrigation
District and the City of Meridian Regarding Finch Lateral Oberg
Subdivision
H. Final Order for Caven Ridge Estates West No. 1 (H-2018-0045)
by New Cavanaugh, LLC , Located South of E. Victory Rd. on
the West side of S . Standing Timber Way
I. Findings of Fact, Conclusions of Law for Hill's Century Farm
Commercial (H-2018-0127) by Martin L . Hill and Hill & Hill
Properties, Located at 3625 E . Amity Rd.
J. Addendum to Development Agreement for Verado West MDA-
H2018-0085 with C4 Land LLC (OWNER) and DevCo
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Development, LLC (DEVELOPER) located at the southeast
corner of N. Locust Grove Rd. and E . Ustick Rd. at 3090 N.
Locust Grove Rd., in the NW 1/4 of Section 5, Township 3 North,
Range 1 East
K. Dog License Designee Agreement between Pet Care Clinic and
City of Meridian
L. Dog License Designee Agreement between Meridian Canine
Rescue and City of Meridian
M. Agreement to Accept Payment in Lieu of Installing Streetlights
at Bountiful Commons Subdivision
N. Award of Agreement to Trane U.S ., Inc. “Chiller R’Newal
Services” to refurbish the City Hall Chiller for a Not-To -Exceed
amount of 63,585.88
O. Approval of Bid Results and Award of AIA132 Agreements to the
prime contractors for the “Discovery Park Maintenance Shop”
to multiple contractors per the schedule below for a Not-To -
Exceed total amount of $264,908.00
BP1 - Lurre Construction, Inc. $ 36,950.00
BP2 - Walker Fox Brick & Block, Inc. $ 62,850.00
BP3 - Leighton Enterprises, Inc. $ 34,095.00
BP4 - Signature Roofing $ 47,400.00
BP5 - D &A Door & Specialties, Inc. $ 9,640.00
BP6 - Overhead Door, Inc. $ 9,075.00
BP7 - Precision Steel & Gypsum, Inc. $ 11,400.00
BP8 - David Epley & Associates, Inc. $ 6,125.00
BP9 - DeBest Plumbing, Inc. $ 2,650.00
BP10 - TVR , Inc. $ 10,800.00
BP11 - Mountain Power Elec. Contractors $ 33,923.00
P. AP Invoices for Payment 12/26/18 - $1,063,100.35
Q. AP Invoices for Payment 1/2/2019 - $448,351.33
De Weerd: Okay. Item 6 is our Consent Agenda.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: With no changes, I move we approve the Consent Agenda as published with
the Mayor to sign and the Clerk to attest.
Milam: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
nothing to discuss, Mr. Clerk, will you call roll.
Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 7: Items Moved From The Consent Agenda [Action Item]
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Community Items/Presentations
A. Mayor's Youth Advisory Council Update
De Weerd: So, we will move to Item 8-A, which is an update under Mayor's Youth
Advisory Council. And, Jared, it is great to see you.
Gonzales: You, too, Mayor. Great to see everybody. Thank you for having me, City
Council. So, I'm filling in for Ben Hutchins, but I am also on the Executive Council as
communications coordinator. We didn't have a full month in December, of course,
because of the holidays, but we did have our Christmas party, so we also coupled that
with our sock drive. We had over people -- or over 60 people in attendance and that was
a lot of fun. We had our ugly sweater contest, we had a lot of games and we also had a
gift exchange and the sock drive also went well, so that was good. Another thing that we
do every year. So, that was a lot of fun. And, then, we also delivered -- we also delivered
cookies on Christmas Eve to people that had to work on the holiday. So , we had a couple
different locations as you can see. Senior centers, The Village, Maverick and hospitals
and we baked over a hundred cookies and hand decorated them. So, that was a lot of
fun and it went really well. So, we will probably be doing that again. We also have a
couple upcoming events. So, January 14th we have our participatory budgeting expo.
So, that will entail a workshop, too, where we can get together in groups and really define
the details, like why we are doing the project, some partners in the community that we will
be possibly working with and other details like prices. So, that will come January 14th
with the presentations. And you are all welcome to come to that, as well as the legislative
breakfast, we would love to see you guys there at the legislative breakfast where we will
be presenting legislation to lower the voting age in primary elections to 17 if the individual
will be 18 by the general election. So, that will hopefully increase voter turnout and start
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habits young in voters and, of course, they will be the same voters that are voting in the
general election, so it's not reducing the voting age per se. I guess it's -- there is a few
more details and we will explain them during the legislative breakfast and, again, we
would love to see all the City Council there. And also on that Saturday we have our Teen
Activities Council sledding event and it's a lot of fun just to have kind of team bonding and
just fun. So, then, we also have Youth Lobby Day, partnering with the American Heart
Association. We are lobbying at the state capitol for a couple different issues an d,
hopefully, also check in with our own legislation and , yeah, I'm opening up to questions
now if there are any.
De Weerd: Thank you, Jared. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Jared, thanks for being here during your holiday break. Appreciate it. The
participatory budgeting expo, I don't -- I didn't hear the time. Do you know what time that
is?
Gonzales: The time will be 6:00 o'clock on Monday. That's our normal meeting time.
Cavener: Thank you very much.
Gonzales: Yeah.
De Weerd: Okay. Any other questions?
Cavener: Keep up the great work.
De Weerd: Thank you, Jared. Thank you for joining us tonight. And I have a question
for Jodi. I guess I would ask you to come up. At the last PB meeting it was discussed
that we would have the expo on the 14th and that it would be more developing groups
behind each of the ideas, so that they could all come together and refine the why and the
presentations for an expo at a later date.
St. Martin: Thank you, Madam Mayor, City Council. I suppose the best word to have
used would not have been expo, but within -- within MYAC they will be presenting the top
five and, then, working together as groups to further develop those ideas before they are
really presented as something to be voted on.
De Weerd: Okay. So, this is -- it would be the -- the following meeting that they would
more have the -- the voting exercise, the presentations for --
St. Martin: Full presentation.
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De Weerd: -- looking for feedback from Council and that sort of thing later in January.
St. Martin: That's right. Anything else?
De Weerd: No.
St. Martin: Okay. Thank you.
B. Cottonwood Creek Behavioral Hospital Introduction - New
Meridian Business
De Weerd: Okay. Our -- our next item, Item 8-B, is kind of an introductory from one of
our newest Meridian businesses, Cottonwood Creek Behavioral Hospital, and if you
would like to come forward. Thank you so much for joining us and being here to introduce
your -- your hospital and -- and I know you have an invitation to come out to the grand
opening and an open house as well.
Sheridan: Yeah. Thank you, Madam Mayor, and thank you, City Council. We appreciate
the chance to come in briefly and give the city an update. As you -- as you all may recall,
with a lot of support from the City of Meridian we were able to purchase the property in
February of this year with the intent to open up a new psychiatric acute care hospital in
Meridian, Treasure Valley area, Cottonwood Creek. My name is Phil Sheridan, I'm the
hospital administrator for the project. I just wanted to give you folks just a quick update.
We have invested, you know, approximately 15 million in capital into this remodel project.
We are on time to finish and open our doors January 14. We are -- we have a temporary
certificate of occupancy. We are in the building as we are speaking, training our first 60
staff to be partners with us and actually opening our doors on the 14th and as you referred,
we do have an open house the evening of January 9 th between 4:00 and 7:00. We extend
an invitation to anyone that's available to -- to come attend and tour the building and just
see -- just see the work we have done. I think it's going to really be amazing. We are --
we are really -- we are excited to bring new services to the valley and to Meridian in
particular and we think the facility itself is really going to be a showcase for what -- for
what a behavioral health hospital in 2018, 2019 can really look like for us. So, we are
excited for consumers and patients and families and just appreciate the opportunity to
give the City of Meridian an update and I don't know if anyone has any questions for me
about the project, but I would be happy to try and answer.
De Weerd: Thank you, Phil. I know in talking to your office that a couple of our Council
Members have also RSVP'd and so there is great interest in seeing the facility. We have
seen it as a couple of things up to this point and appreciate the vision that you have for it
and certainly the services that you will provide this valley and our citizens.
Sheridan: Yeah. We are really happy to be part of this municipality in particular. It matters
so much to have a receptive town to work with, a receptive city to work with and you guys
have just been tremendously supportive and we really wanted to just extend our thanks
for that as well, so --
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De Weerd: Thank you. Council, any questions? Okay. Well, we appreciate you coming.
This is -- this is a first that -- where we have had a new business just come to introduce
themselves and -- and to do a personal invitation. So, appreciate that.
Sheridan: Yeah. Absolutely. Thank you.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: When is -- when is that open house next week?
Cavener: It's Wednesday.
Sheridan: Next week the 9th. The evening of the 9th between 4:00 and 7:00. Anyone's
welcome.
Bernt: Thank you.
De Weerd: Thank you very much.
Sheridan: Thank you.
Cavener: Happy New Year.
Item 9: Action Items
De Weerd: We look forward to it. Okay. Item 9-A under Action Items. We will move right
into our public hearings. I -- I will just give a brief overview if you -- if this is your first City
Council meeting. The process that we follow is detailed in your agenda, but we first have
staff give their staff report to talk about the project and if it meets our codes and our
Comprehensive Plan and give Council further detail about the application itself. Then
they -- we move to the applicant, who has 15 minutes to provide additional detail and
visuals that they sometimes will bring. Then we enter into our public hearing process and
we hear from you our citizens. Public testimony is three minutes in length and there is a
clock on the screen at the podium, so you can kind of keep an idea of where you are in
your -- your time. Council at the end of the public hearing will hear from the applicant to
present any additional follow up to what has perhaps been brought up in the public
testimony and, then, we will stand for questions from our City Council Members. Council
has questions typically for staff, the applicant, and sometimes members of our public who
have offered testimony. Then the public hearing will be closed and Council will render a
decision and that decision is made on the public record that is on our website. So , there
is written information from various agencies and minutes from the public, our Planning
and Zoning public hearing as well.
A. Public Hearing for TM Crossing Expansion (H-2018-0122) by SCS
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Brighton, LLC, Located East of S. Ten Mile Rd. on the North side of
I-84
1. Request: Annexation and Zoning of 1.68 acres of land with a C -G
zoning district
De Weerd: So, with that I will ask staff to -- I will open the public hearing for H-2018-0122
and ask for staff comments.
Allen: Thank you, Madam Mayor, Members of the Council. The first application before
you tonight is a request for annexation and zoning. This site consists of 1.68 acres of
land. It's zoned R-1 in Ada county and is located on the north side of Interstate 84, east
of South Ten Mile Road. This property was included in the Primrose Subdivision plat and
designated as a public use area, but never developed as such and has been being used
as a pasture. This designation was vacated in 1979 and it was recently removed from
the plat. The Comprehensive Plan Future Land Use Map designation is low density
residential. The applicant is requesting annexation and zoning of 1.68 acres of land with
the C-G zoning district consistent with the commercial Future Land Use Map designation.
Because the Future Land Use Map designations are approximate and not parcel specific,
the applicant is requesting the adjacent commercial designation to the west to float to this
property. As you can see the Future Land Use Map is the one on the right there. The
applicant has submitted letters from the abutting residential property owners, the
Atwoods, the Hennis, and the Plowman in support of the request. The applicant proposes
to develop the site with a parking lot to serve a future development phase of the TM
Crossing, a development to the west containing professional offices, and you can see
there this is the site here with the red line around it. A 25 foot wide landscape buffer and
a six foot tall fence will be provided along the north and east property boundaries to screen
the parking area from the adjacent residential uses. Public access to the parking lot will
be provided from the TM Creek -- or, excuse me, TM Crossing development to the west
via Navigator Drive. Emergency access to the commercial development will be provided
from the east via West Verbena Drive along the north boundary of this site within the
existing unimproved right of way. As a provision of annexation staff is recommending a
development agreement containing the provisions in section eight of the staff report. The
Commission recommended approval of the subject application. Mike Wardle testified in
favor and no one testified in opposition or commented on the application . Written
testimony was received from Mike Wardle, the applicant's representative, in agreement
with the staff report. There were -- there were no key issues of discussion at the hearing,
nor were there any changes to the staff recommendation. No written testimony has been
submitted since the Commission hearing. Staff will stand for any questions.
De Weerd: Thank you, Sonya. Council, any questions? Is the applicant here? Happy
New Year.
Wardle: Happy New Year to you. Thank you very much. Mike Wardle . 12601 West
Explorer Drive. Sonya has provided all of the information. I would be happy to answer
questions, but it's simply a -- an extension for parking for a future building and what is
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now becoming, really, a very substantial business park at the Gateway At Ten Mile. Happy
to answer questions.
De Weerd: Thank you. Council, any questions at this time? Okay. Thank you.
Wardle: Thank you.
De Weerd: Mr. Clerk.
Coles: Thank you, Madam Mayor. There are no signups this evening.
De Weerd: Okay. This is a public hearing -- yes. Happy New Year. if you will, please,
state your name and address for the record.
LaFever: Happy New Year. Denise LaFever. 6706 North Salvia Way.
De Weerd: Thank you.
LaFever: Meridian, Idaho. And I just have a couple comments on it. First of all, just to
acknowledge we are in the middle of a Comprehensive Plan change and this is -- even
though you can float it, you got to draw a line somewhere and we have an extensive Ten
Mile plan, which this is outside of, just noting that, and I have sat through over two years
of Planning and Zoning and City Council meetings and the staff in the past has said that
when we are going through and making these changes that it is in our best interest to
have prelims, landscaping plans, and all those documents right up front. This is missing
the prelim, it's missing the landscaping plan, so with all of this said, I'm not against this by
any means, but I would like to see -- it says at a minimum in the development agreement.
At a minimum I would like to see in there that the restricted use is for the parking lot, so
that as citizens we know that's how it's going to develop. And in addition to it, nowhere in
there for people living around there. The people are okay with it, but if they sell it as a
residence there is nothing in there about the parking lot lights. There is nothing in here.
And, in addition to that, there is no timeline for the developing of this to get the landscaping
and whatnot in there as well. So, I'm -- I'm not against it, but I think we still -- depending
on who the developer is it shouldn't matter who they are, they should follow along with
the processes and this is a little vague on -- on the minimum requirements. So, I would
like to see the use restricted to a parking lot and something to address the lighting.
De Weerd: Okay. Thank you, Denise. Is there any further testimony? Okay. Any -- any
follow up from the applicant?
Wardle: Madam Mayor, again, Mike Wardle. The development agreement will specify
the use. The parcel will not be developed until the adjacent building that's depicted just
beyond the yellow line comes in and includes this as part of that development . At that
point there will be specific landscape plans and so forth, but to do something at this point
is really not useful. So, all of the necessary procedures will be followed in the normal
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course of development when a project comes forward that includes this parcel. Be happy
to answer any additional questions.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Mr. Wardle, Happy New Year. Thanks for being here.
Wardle: Thank you.
Cavener: That building, what's your guys's timetable? Is that two years out? Three years
out?
Wardle: Madam Mayor, Commission -- or Council Member Cavener, I would assume well
within two years. There is interest, but nothing that I can reveal at this point.
Cavener: Nor would I ask you to.
Wardle: Thank you.
Cavener: Madam Mayor, follow up. A date certain of 36 months from annexation, is there
any heartburn?
Wardle: Is this a new policy, Madam Mayor? I'm not certain that once it's defined by
development agreement there is no sun setting.
Cavener: Well, I'm just --
Wardle: I would not encourage the Council to get into that, because you will see it again
if something changes in the economy and -- I don't know, do you want to open the door
for having to bring everything back that would normally be handled through the
development process and design review and CVC process -- CZC process, so --
Cavener: Sure. Thank you.
Wardle: Thank you.
De Weerd: Anything further? Okay. Thank you. Staff, any further comments?
Allen: Madam Mayor, just to reiterate, staff is recommending a development agreement
that does tie development of this site to the concept plan shown before you here. It does
include provisions for some residential uses, as well as to I-84. Pathway requirements,
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pedestrian connections, it's quite inclusive of all those things. So, if you have any
questions I'm happy to answer them.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move we close the public hearing on Item H-2018-0122.
Milam: 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.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move we approve Item 9-A, H-2018-0122 as presented.
Palmer: Second.
De Weerd: I have a motion and a second to close -- or, I'm sorry, to approve Item 9-A. Is
there any discussion? Mr. Clerk, will you call roll.
Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
B. Public Hearing for Warrick Subdivision (H-2018-0115) by Schultz
Development, Located at 2445 E . Amity Rd.
1. Request: Annexation and Zoning of 36.22 acres of land with
an R-4 19.94 acres) and R-8 (16.28 acres) zoning districts;
and
2. Request: a Preliminary Plat consisting of 130 building lots and
19 common lots on 36.22 acres of land
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De Weerd: Item 9-B is a public hearing for H-2018-0115. I will open this public hearing
with staff comments.
Allen: Thank you, Madam Mayor, Members of the Council. The next applications are a
request for annexation and zoning and a preliminary plat. This site consists of 36.22
acres of land. It's zoned RUT in Ada county and it's located 2445 East Amity Road, on
the south side of Amity, west of Eagle Road. The Comprehensive Plan Future Land Use
Map designation is low density residential, which calls for three or fewer units per acre.
Annexation and zoning of 36.22 acres of land with the R-4 zoning, which consists of 19.94
acres of the site and R-8 zoning, which consists of 16.28 acres of the site as shown there
on the overhead before you. The applicant is requesting a step up in density from low
density residential to medium density residential , which is three to eight units per acre
without an amendment to the future land use map. In residential areas the comp plan
provides for other densities to be considered without requiring an amendment to the future
land use map. The gross density proposed is 3.6 units per acre, which is only .6 unit per
acre more than allowed within the low density residential designation. There is an existing
home and several accessory structures on the site that are proposed to be removed prior
to development. A preliminary plat is proposed as shown consisting of 130 building lots
and 19 common lots on 36.22 acres of land. A mix of housing types are proposed
consisting of single family residential detached unit s 106 of those are proposed as
attached homes 24 of those are proposed, ranging in size from 1,350 square feet to 4,000
square feet, with an average lot size of 7 ,659 square feet. One access is proposed via
Amity Road, a stub street Scrub Pine at the west boundary is proposed to be extended
and stub streets are proposed to the south and east for future extension . ACHD is
requiring the stub street to the east, shown there, to be shifted to the south approximately
375 feet, between Lots 11 and 12, Block 7, which will necessitate provision of a pathway
north of that within the same block in order to comply with the block face standard.
Landscaping is proposed within the development, consisting of a 50 foot wide street buffer
along Amity Road, with the 20 foot wide berm . Parkways along local streets within the
development containing mitigation trees and common open space areas along pathways.
A minimum of ten percent or 3.62 acres of qualified open space is required to be provided,
along with a minimum of two qualified site amenities, the applicant is proposing to provide
5.46 acres or 15 percent qualified open space consisting of a two and a half acre park,
common area containing pathways, half the street buffer along Amity Road, a minimum
50 by 100 foot common area and common area with a pond and the qualified areas are
as shown there on the open space exhibit. Site amenities are proposed as follows:
Pedestrian pathways throughout the development and a segment of the city's multi-use
pathway along the Ten Mile Creek corridor. A community swimming pool, clubhouse,
sitting area and additional qualified open space, approximately 20,000 square feet above
the minimum required from the quality of life , recreation, and pedestrian or bicycle
circulation system categories. Staff also recommends children's play equipment is
provided as an additional amenity. The Ten Mile Creek runs along the east boundary of
the site and is required to remain open as a natural amenity. The Beasley Lateral crosses
the site and is proposed to either be relocated, meander north and west through the site,
or diverted completely to the pond at the southeast corner of the site and the creek. The
applicant is unsure at this time. Fencing is proposed within the development in accord
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with UDC standards. No fencing is proposed along the multi-use pathway and the creek.
The UDC states that fencing along natural waterways shall not prevent access to the
waterway unless determined by Council to be necessary to protect public safety. If
Council determines fencing is necessary, a requirement for fencing should be added.
Conceptual building elevations and photos were submitted for future attached and
detached homes and the clubhouse proposed within the development. The clubhouse
and single family residential attached units are required to comply with the design
standards listed in the architectural standards manual. The rear and side of two story
homes on lots that face Amity Road are required to incorporate articulation, since they
will be highly visible from the arterial street. The Commission recommended approval of
these applications. Matt Schultz, the applicant's representative, testified in favor, as did
Steven Stark. No one testified in opposition. Kathy Stark commented. And written
testimony was received from Matt Schultz, the applicant's representative. The key issues
of discussion was the opinion that attached homes are not appropriate for this
development and concern by the Starks pertaining to floodplain on their property resulting
from changes to the site and an increase in the water level of the creek. They did request
for an off-site condition requiring the size of the culvert to be increased underneath the
bike path to equal that of the culvert going underneath Amity. Key issues of discussion
by the Commission. Really, the only item of discussion was the requirement for a
children's play structure to be provided within the development as recommended by staff.
The Commission did end up removing that requirement. The only outstanding issue for
Council tonight -- there are two. The first is the applicant requests Council approval of a
step up in density from low density residential to medium density residential for a
proposed density of 3.6 units per acre. And, lastly, the staff recommends a new condition
is added requiring a pathway connection through Block 2 in the vicinity of Lots 7 and 8.
That would be right in this location right here. To comply with the block face standards
and provide a pedestrian connection from the common area where the clubhouse is
located to the pathway along the creek. There has been no written testimony submitted
since the Commission hearing. Staff will stand for any questions.
De Weerd: Council, any questions? Okay. Is the applicant here? Happy New Year. If
you will, please, state your name and address for the record.
Schultz: Happy New Year, Mayor Tammy and Council. Matt Schultz. 8421 South Ten
Mile in Meridian. I'm here on behalf of Berkeley Building Company. We have done a
couple projects over the last few years -- smaller ones. We have -- we have done 33
homes in the front of Sutherland Farm called Bancroft Square and we also did Pond
Subdivision, which we are now trying Settlers Lane over on Meridian and Ustick with 20
lots and happy to be here with Berkeley Building Company to do a high quality product.
They also do diverse size or product types. Those two I mentioned were some more of
that more efficient lot sizes of, you know, 40 and 50 foot wide lots, but he also builds some
builder teams around town in say like Reflection Ridge on some of the -- some of the
bigger lots, too, and he's excited to showcase his whole portfolio and try to hit a couple
different price points, if you will, in a high quality area with some high quality amenities
that everybody gets to enjoy within that community, regardless of whether they live on a
little bit less large lot or not. So, we are excited to present a comprehensive community
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as well. What was typical about some of those smaller ones, you know, you got five acres
or you got maybe a little playground, maybe not, and it just -- how do you really make it
as his own Berkeley Building Company project. And so this gives an opportunity to plan
that out comprehensively and we think we have done a good job of, you know, having a
diversity of product type, as well as centralizing some open space -- ample open space
above and beyond the minimum requirements. In fact, we would have more -- in fact, we
do have more and just can't count it. Typically the detached parkways you get about five
percent extra, which we have done. We put extra trees in those to compensate for some
of the large trees around the house that's going away and so we didn't count those. But
it's still there, it's just not qualified. So -- so, we would be even higher than that even than
we already are on the stats, but it's a -- we are excited about having a pool. Big open
space. It's a two and a half acre park that -- you know, we kind of lose some scale against
this plan, but it's about a 230 by 170 foot open area just west of the pool. It's a pretty
large play area there. The owner -- we thought about putting a playground in there and
he was like, well, we got a really big open area there and I would rather just -- it doesn't
really add any value for me on his market that he was looking at and so we thought
because of the ample extra big open space that it wasn't actually required that we do a
playground and so Commission agreed with us. That's what we proposed. We have also
got a pathway along the Ten Mile Creek and regional pathway and as far as the fencing
goes there is no fencing I don't think anywhere along the Ten Mile on the -- on the creek
side. These drains and ditches -- like Tuscany, there is a multi-use pathway along there
and there is no fencing between the pathway and, then, the creek. It's just at the
backyards, then, you have your pathway and, then, it's open. If it was a canal, like at
Ridenbaugh, you definitely want to fence both sides. So, we are not proposing anything
that's unsafe or out of the ordinary by -- by not having that fence. In fact, I was surprised
that that condition came up, because it just hasn't -- it just isn't done along these drains.
So, that's the fencing issue. As far as the -- our neighbor, the Starks, they live across the
street on Amity. Amity is a five lane arterial -- it will be when it's all built out. There is a
flood zone that goes down the Ten Mile Creek right now that that -- there is an existing 36
inch culvert. Theoretically the hundred year event, it backs up, there was a flood problem,
so we are going to work in conjunction with ACHD and build a huge box culvert across
Amity and into the Stark's property a little bit and just north of that there is a -- essentially
the Tuscany pathway wants to -- it does cross -- it will cross the Ten Mile Creek and there
is another culvert there. So, we assured them at the last hearing -- and we will do it again
here tonight -- that we are going to work with the ditch company -- it's kind of out of
ACHD's jurisdiction, but to basically extend the pathway the rest of the way to Amity, as
well as make that big enough that their -- their flood zone does not get worse. In fact, it's
going to get a lot better. It's going to go down. And so we have -- we are committed to
that. So, with that we concur with staff's recommendations for approval and will stand for
any questions.
De Weerd: Thank you, Matt. Council, any questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
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Milam: Happy New Year, Matt. So, I'm going back to the playground.
Schultz: Okay.
Milam: I know that's my area and you said you didn't feel it -- or your owner didn't feel
like he needed one because of your clientele. So, is this a 55 and up subdivision. That's
about what that would mean to me.
Schultz: Not necessarily, Mayor, Council Woman Milam. Not necessarily. Just in general
we just think it's a bigger open space and that was the amenity versus the -- the
playground. It doesn't mean it's going to be 55 and over, it just means that he just didn't
think it was a big marketing thing or it was something that he didn't want to offer. He'd
rather offer the pool and some other things, which, obviously, it can't be year around, but
playgrounds aren't either. So, that's just a developer's choice, so he decided not to and,
obviously, if it's a sticking point for Council we are not going to go away, we are not going
to do it, so it's just -- we have submitted without it and we will go with your
recommendation.
Milam: Madam Mayor, follow up. And I'm only one vote. I feel very strongly that there
should -- I think it's great, I love your amenities, they are beautiful and you have all that
space and I was just recently at a birthday party at a clubhouse and the kids were all
leaving the clubhouse to go play on the playground, because it was right there, you can
see it through the windows, and it -- I was just thinking how -- what a great amenity the
playground was right by the clubhouse, so you weren't cramming a bunch of kids and
grown-ups in it, so -- but by my calculations, you know, this subdivision could have
anywhere between one hundred and seven hundred kids. So, it would only be used for
like three or four months a year -- anyway, that's just my two cents on that.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Matt, all in one phase? Do you anticipate --
Schultz: Mayor Tammy, Councilman Cavener, we are looking at probably three -- three
or four phases is what we are looking at for the 130.
Cavener: Madam Mayor, follow up. Talk to me about timing. When do you -- should you
get approval what are we looking at as far as a timetable for phase one , phase two, phase
three?
Schultz: Hoping phase one by this fall and, then, probably one a year after that.
Cavener: Thank you.
De Weerd: Okay. Any other questions at this time?
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Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: What -- hi, Matt. How are you? Happy New Year. And what -- what phase would
the -- the clubhouse fit in?
Schultz: Yeah. Mayor Tammy, Councilman Bernt, we are -- we are looking to do it in the
first phase. We think it's a strong marketing thing to have that done and not hanging ou t
there as a carrot. So, that's why we are -- we want to do it in the first phase.
De Weerd: Anything further? Okay. Thank you very much.
Allen: Madam Mayor, excuse me. If I may, I need to clarify the record. I did miss -- miss
-- I misspoke and said that there was no written testimony submitted on this application.
There were actually two letters. One from Steven and Kathy Stark and that was in regard
to the issue pertaining to their concern regarding the floodplain on their property and ,
then, there was also a letter from David Palumbo and he was objecting to the city's
noticing standards on that. So, anyway, just wanted to clarify that. Thank you.
De Weerd: Thank you. Okay. Mr. Clerk.
Coles: Thank you, Madam Mayor. One sign up this evening. Steven Stark.
De Weerd: Happy New Year, Mr. Stark.
Stark: Thank you.
De Weerd: If you will, please, state your name and address.
Stark: Steven Stark. I'm at 2630 East Amity Road. We live across the street and slightly
to the east. Is it possible to put page two of my letter up on this? The way the plans are
presently drawn it will increase the floodplain on our property. There is a large -- there is
two pipes that are on -- going onto our property and coming off our property. Both of
those pipes are in the City of Meridian and one is on Asay Lane there and the other one
is on Amity -- you know, it goes underneath Amity Road. So, right now the plan is to -- is
to increase the size of the -- of the culvert on Amity, but there is no reference to this other
pipe replacement. So, I drew circles around where -- you know, here is the one on the --
on the road on Amity. That's going to be increased to nine by 18 feet and, then, the one
on Asay Lane over there off of our property, but, you know, you can see where our
property would end up getting all the -- all the water, that is -- there is no plans written for
-- to increase the size of that pipe and right now it's 40 inches. So , we have had
experience with this dealing with FEMA and it's a nightmare. We had to buy flood
insurance. We had to work with -- thankfully, David Mills of the City of Meridian helped
us straighten it all out and we got it -- we got it straighten away, but we are close on the
-- on the -- on the flood zone. So, any -- any tampering with it like that is going to -- it's
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going to wreck us. So, anyway, I was talking to the city engineering, I talked with Nampa-
Meridian Irrigation District, I talked with Ada county, I talked with Ada County Highway
District -- everybody said the City of Meridian has the responsibility and the authority to
protect the -- the flood zone from being increased. So, they all agreed that the -- the
culvert downstream has to be -- has to be changed. So, I talked with Jason Korn, City of
Meridian, and he was very helpful, as well as all the people I talked to in this whole ordeal
and he told me that the final approval was his department's responsibility, but that it really
wasn't a public process we could follow on. There is no -- there is not a -- not anything
that we could look at to see if it was being addressed or not. So, I would like -- I'm asking
the Council to have some kind of plan process. I don't think the flood plain management
should be something negotiated between me and the developer or anything like that. I
think it should be an engineer process, a waterway -- it's a natural waterway and it should
be something that is just taken care of. Matt did mention that he -- he thought one idea
would be to put a culvert across our property, but it's a natural waterway, you're not
supposed to put culverts on natural waterways and I don't want to lose access to our
water -- you know, our creek. We take the grandkids down there, there are duck and stuff
like that. So, I'm just asking the City Council to establish condition on the project that the
base flood evaluations are to be established after the box culvert and the right sized
culvert are installed, so that the flood plain is not increased and we would like a process
in place that we can follow that assures that the flood plain is not increased on our
property. So, that's all I have.
De Weerd: Mr. Stark, just a question. So, this is a Nampa-Meridian Irrigation District
area?
Stark: It is. The people we have always dealt with and the people that came out and
cleaned it was Nampa -- Nampa-Meridian Irrigation --
De Weerd: Okay. And they are calling it a natural waterway?
Stark: No. The --
De Weerd: I thought I almost got it.
Stark: The staff's report called it a natural -- a natural waterway. That's on page eight of
the staff report. Page eight, Item Q, I think. A waterway. The Ten Mile Creek runs along
the east side boundary. As a natural waterway it's required to remain open as a natural
amenity and should not be piped or otherwise covered and should be improved and
protected with a development in accordance with the Comprehensive Plan and, in
addition to that, though, we don't want to lose access to the water on our -- on our property
and in addition to that, a drainage doesn't flood, you know, but a natural waterway does
flood. So, that's our understanding. We have been up and down this ladder a lot and --
De Weerd: I can imagine.
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Stark: Yeah. A drainage -- a drainage just doesn't flood. There is no -- we have a -- we
have a ditch on the other side of our property and there is no flood on that, you know, so
-- on this waterway there is.
De Weerd: Okay. Well, maybe why -- if you can stay with us -- Kyle, do you have some
comments on what can happen here?
Radek: Madam Mayor, Jason and Dave kind of updated me on this. Our floodplain
ordinance requires -- this is a -- this is an area that was an approximate -- it's called an
approximate A zone. It hasn't had a detailed study by a professional engineer yet using
the -- the HEC-RAS, the tools that give it base flood elevations. It's just kind of a blob on
the map right now. The developer will need to do a detailed study in this case and submit
it to Jason, the floodplain administrator, and it will have to show the existing conditions
and, then, proposed conditions and so there will be -- out of the detailed study there will
be base flood elevations that will be determined and -- and the shape of the flood will
likely change. Typically on Ten Mile Creek and all the other detailed studies that have
been done, the floodplain has gone from a big blob to -- all the water really is in the
channel. So, generally conditions have gotten better for everybody that lives near the
creek with all the detailed studies. That being said, our -- our ordinance says that the
cumulative effect of any proposed development , when combined with all other existing
and anticipated development, shall not increase the water surface elevation of the base
flood more than one foot at any point. So, the developer is going to have to do a detailed
study to determine what the base flood elevations are all the way through and , then, by
our ordinance he can't increase the base flood elevation by one -- by one foot at any one
point and that's up to the floodplain administrator to kind of allot that one foot. We
generally don't allow somebody to say, oh, yeah, we will take our foot and, you know, we
are going to increase the -- the -- the base flood elevation on the Stark's property by a
foot and it's okay. That's something that perhaps the -- would be a point of discussion for
the developer. Will they commit to -- from existing to proposed no change in the base
flood elevation. However, you could end up with a situation where the detailed study
determines that the flooding on the Stark's property is really actually even worse than
shown on the approximate A zone, so -- and, then, the solution may be to take out that
culvert, but I'm not sure, if that's the case, if the developer's responsibility is to improve
the existing condition. Our ordinance requires them not to make the existing condition
that much worse.
Stark: And that's what I'm interested in is not making it worse, you know, because if you
-- if you have a 40 inch pipe and a 40 inch pipe and, then, you replace one with a nine
foot by 18 foot opening, it has potential to be a lot worse, you know, and -- and it's -- and
the long-term impact of selling a house with a -- in the flood zone or selling a house not
in a flood zone is significant, along with flood insurance for the life of the mortgage.
De Weerd: And I guess what Kyle explained is by our ordinance it cannot make that
significant occurrence that you suggested happen.
Stark: Uh-huh.
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De Weerd: So, they would have to show how they would mitigate that and it could be
taking that culvert out. So, at this point, until we have the in-depth study on that, we can't
give certain assurances, other than our code says that that study has to show that it will
not make a significant impact on -- on your property and other adjoining properties.
Stark: So, it just -- so, the development won't go on if our -- if it increases the floodplain
on our property?
De Weerd: It would have to find a different solution.
Stark: Okay.
De Weerd: Yeah.
Stark: Okay.
De Weerd: So, that -- that's our assurances is it can't move forward without them showing
how they would mitigate any impact.
Stark: Thank you.
Coles: Mr. Stark was the only sign-up this evening.
De Weerd: Okay. This is a public hearing. Is there anyone else who would like to provide
testimony on this item? Yes, please. Good evening and Happy New Year. If you will,
please, state your name and address.
K.Stark: Kathy Stark. 2630 East Amity Road. And I have just two concerns. Of course
the culvert is my main concern. Flood. There is a -- I believe Matt Schultz is doing the
property past us, the Wells property, and they are required to -- I think they are putting in
that same nine foot by 14 foot culvert thing down the way from us. So, that would, you
know, put us in the middle of that smaller culvert anyway, but you said it won't happen. I
trust you --
De Weerd: Well -- and I --
K.Stark: But I'm a little nervous, because of all the development that's happened around
us and we have had to really babysit them doing what they say they will do. So, that does
make me a little nervous, but --
De Weerd: Well -- and I guess, Kyle, did you have -- I saw you pull the microphone.
Radek: Madam Mayor, in anticipation. You know, like I said, it's -- it's possible that the
detailed study is done and the -- and the flood location is actually worse than it is on the
map now, but that's -- that's not going to be anybody's fault when -- if it's existing
conditions. The detailed study is done on existing conditions and it shows up and it's
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actually worse than it's mapped now. That could happen. But I -- I -- and I think maybe
that's a discussion that you should be having with the developer to make sure that when
this is done, if there is -- if there is a flood condition that should be improved, let's find a
way to -- to improve it and I think your -- your concerns with that -- that culvert there are
-- are legitimate. There -- there -- there could be a backwater there that would be affecting
you now, you just don't know, because you don't have a detailed study done.
K.Stark: That's interesting, because from what -- we have talked to every person, they
always say it could be wrong, that there is no way that should be in the flood zone, that
it's been contained. It would be contained to the Ten Mile Creek, blah, blah, blah. You
know -- you know what I'm saying. So, am I understanding you correctly saying that you
think it could be actually worse?
De Weerd: No. I don't think that that was the suggestion, but it could be because of what
has gone on. All we can do is look at it as -- at an application by application basis and so
anything that's influenced that area outside this -- this application -- this application would
show current conditions and it could show that the flood zone had increased. Is that what
you're suggesting?
Radek: Madam Mayor --
De Weerd: Or it will show maybe a decrease.
Radek: Madam Mayor, I'm just saying that when you do -- do a detailed study -- a detailed
study has not been done in this location and when you do a detailed study, then , you will
find out really where the water is going to go, because nobody has done a hydraulic study
based on survey of the topography around this area . That's all I'm saying. So, you could
end up with something that's -- that's -- for existing conditions that's worse than the map
shows now, but our ordinance is saying that from whatever it is now to whatever it is after
the developer is there, it's not going to get worse to the extent of one foot.
K.Stark: Okay.
De Weerd: Thank you.
K.Stark: Thank you. The other concern I have is for the step up in density. I know the
Comprehensive Plan is in the middle of being reworked or whatever, but from my
understanding it's still going to be under 3.6 per acre for this area. So, I'm quite concerned
about the step up in density, especially -- I know the schools in Meridian in that area -- we
have had so much construction. I know the schools are overcrowded. So, you're talking
about -- like she said, maybe potentially 700 more children going to Meridian schools and
that is a great concern and with, you know, areas to play, you know, we live surrounded
by Tuscany and I have been to some meetings and they will say our kids play in the
streets and I'm like, oh, my gosh, the kids are in the streets, you know, and -- and there
is a -- and that's with disregard to the other developments that have been approved that
are not -- they are currently being built, such as the Wells and Castle Creek across the
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street in addition. So, I would request and really desire that you would keep with the
Comprehensive Plan and keep the zoning to R-4. Thank you.
De Weerd: Thank you, Kathy. Is there any further testimony? Matt, would you like to
come forward with final comments, answer questions.
Schultz: Thanks, Mayor Tammy. Matt Schultz for the record again. Last issue first about
the schools. We did talk to the school district about -- I think there was an old comp plan
map that showed a school here like on this property and I was like, whoa , whoa, whoa.
He was like no, no, no, we got Hill Century Farm, we don't want a school in this area. It's
okay. Just making sure. You know. So, the school district has chimed in and thinks that
they are -- about a mile away we have Hill Century Farm is where we are at from this
property to a school. So, that's -- as far as the school district goes, the school district that
we were covered. As far as density goes and where we are at at 3.6, I feel like we are
splitting hairs a little bit, because, yeah, we got to ask for a step up, but we are just like
-- we are an inch -- we are an inch step up, we are not, you know, ten feet step up. It's
very minor. In fact, if you wanted to hold to all R-4 for comparison, we would have about
113 lots and we would be about 3.1 to the acre, so -- excuse me -- 17 lots -- 17 lots
difference. So, if it's a big deal for that 17 -- we think it is and we think it's a big deal that
-- to be able to provide some diversity of product type, which tends to be sometimes
lacking I think. I think it's good that we can do that all off the same amenity in the same
location. As far as the flood zone goes, it's -- it's something that my -- my career was
started in engineering. I did a lot of flood zone work as an engineer and the neighbor has
every -- every right to be concerned about -- about, hey, you're -- you're moving a little
pipe that was -- that was the dam -- Amity is kind of elevated. We got a little pipe.
Theoretically in a hundred year event, which is very theoretical, there is over 300 cubic
feet per second coming down the Ten Mile Creek and so it can't fit through that -- that 36
inch pipe, so it all backs up at Amity. So, to Kyle's point, the actual existing flood zone
now, with this kind of broad brush that FEMA puts on there and says if you want to change
it do a detailed study. So, if we were to do a detailed study -- because we have already
done some preliminary work -- it would actually get worse on us right now and so that's
why we called ACHD and said, hey, look, we want to build a culvert similar to what we did
with Wells downstream. Let's get rid of this flood zone. Let's get it all contained in the
ditch, which we know once you get rid of the blockages it will be contained in the ditch,
we are confident of that, but when you open up the dam on Amity it just goes to another
dam. If you can go back to that overall aerial that shows -- touchy thing. It's an interesting
situation. There is a regional pathway right there that stops that Tuscany put in today.
There is an existing ditch access road that crosses a 36'ish inch culvert that, again, if we
opened up this it would just back up there . Now, would that worsen their condition? It
certainly wouldn't make it better. I don't know if it would be worse or not without a detailed
study. So, we committed to Planning and Zoning and we are committing here again to
work with the ditch company, it will all run through Jason Korn as far as what facility -- we
don't want to do nine by 14 box culvert. We might do two parallel pipes, a little dip section,
still allow that -- that's even -- we are committing to extend the pathway, which really
should have been this subdivision's problem, but he is -- he is long gone, long approved,
and we think it's a benefit that we fix that culvert. We have already engaged -- got
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partners, Resource Systems, to do a final study to FEMA, which it should be all contained
in that green area that you see there. Straight on through. And right now it goes -- excuse
me. It goes all the way up to their front door is where the flood zone is right now and so
we want to go in -- as long as they cooperate with us, the Starks, on access, construction
easements, ACHD will pay for an easement -- or pay for right of way. We just want to go
build it and we initially talked to the Starks after P and Z -- wasn't sure if the best idea was
just to extend the culvert the whole way or to do it in two sections, but we have kind of
come around and we haven't communicated to him yet -- that it be done in two different
sections, so that there would be some open water still in between the two. So, it wouldn't,
you know, totally be covered up area for them and he says he likes to go down with the
grandkids with the ducks or whatever, which is -- and we don't want to build it the whole
way. We just think as a cost benefit it's just better to do two different sections and so --
but it will be to the full width of the five lane arterial. ACHD says they will pay 90 percent
of the -- the Amity crossing is all -- they do it to the -- the full future -- future five lane width,
which takes some right of way and so as long as the Starks cooperate with us on that we
are willing to go in and fix it and make it better and we will commit to not raising the BFE
and not changing the flood zone and -- or reducing it and we will put that on the record
and whatever else you want to do for us , but that's our -- that's what we are going to do,
so --
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: So, thanks -- thanks, Matt. Just a couple questions just to confirm. So, you're
willing to -- number one, you're willing to do a detailed study along with, you know, FEMA
or whoever else to make sure that you're not going to raise the water in those sections
and, number two, to confirm you're going to pay to, you know, mitigate or make sure that
the two -- the two separate areas are sufficient for water use in that area.
Schultz: Yes. Yes, we are willing to -- Mayor and Councilman Bernt, we are willing to do
that and the detail is very important, obviously, for us, because we have got a flood zone
that is pretty big that we want to get rid of. Our neighbor over here, which we need right
of way from, she's got six acres of flood zone on hers and she's willing to cooperate with
us on an easement. So, we want to fix everything is what we want to do, so --
Bernt: Madam Mayor? So, that's yes and a yes? Okay.
De Weerd: Other questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Matt, you mentioned conversation with the school district.
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Schultz: Uh-huh.
Cavener: That is my main concern. I think we have got two out of the three schools over
capacity already. I believe Mountain View is the most overcapacity high school in the
state. You said you had a conversation with them. I thought I heard you say they are
good with this.
Schultz: Well, they are good with it in the fact that he's not going to require a school site
on our property. Now, does he say we shouldn't build, is there a moratorium on building,
that's -- that's a whole other issue about capacity and emergency bonds and all those
things that school districts do often. But as far as him saying we need a school site on
here, he said no.
Cavener: Madam Mayor. Any commentary, though, about the overcapacity of the --
specifically the high school or that did not come up in conversation?
Schultz: That was not part of the conversation and I think their master plan is -- they are
always over -- they are always passing bonds as you know every other year or so and it's
just -- they kind of plan for it moving forward.
Cavener: Madam Mayor, additional -- thank you. I don't disagree with you that our
schools open up over capacity, but you're also well aware that we have got a lot of growth
in south Meridian with one high school, one middle school and just a small handful of
elementaries. They are all over capacity. So, I heard -- I think I heard you saying that the
step up isn't -- isn't a deal breaker for you. I just want to make sure that I'm hearing that
correctly and, then, maybe a reduction of 18 units you guys would be comfortable wit h.
Schultz: We would not. We prefer to have what we propose. We think it's an added --
we think it's better to have those 17 more lots with some diversity than to have sameness
R-4. I mean we think it's a benefit to the market.
Cavener: Madam Mayor. Just a comment. It may be beneficial to diversity of housing.
I don't subscribe that it's going to be 700 students to the neighborhood, but I also don't
subscribe that the census average of 108 is -- is too low and that averages -- if my math
is right -- 48 more kids at the elementary school that's two years old and over capacity,
24 at the middle school and 30 at the high school. We hear day in and day out about the
impacts on our schools and I'm not real supportive of this application as presen ted with
that step up in density. I would be more supportive if it was as it was lined out in the
FLUM, for what it's worth.
Schultz: Madam Mayor and Council, I'm on a -- not the steering committee, but on a
committee to the steering committee on the comp plan right now and we use some round
numbers like three -- three and 3.49 and below or the 3.00 we have something to consider,
because I think it should be 3.490 or below. We are using round numbers and we get
these very exact numbers and presentations and where do we draw the line? And, yes,
we are above the 3.49 slightly, but I think that's important and I think if you do away with
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step ups in the future on the comp plan, we should go into some of these areas that a re
on arterials and arterials and plan some more medium or maybe up to four units to the
acre, you know, and get a more detailed discussion and agree knowing that some are
going to be step-ups. If you do away with step -- step-ups I think it's more -- more -- more
detail need to go into those areas. So, that's just my suggestion moving forward.
De Weerd: And I guess Mountain View was one of the projects that was approved during
the school district bond to add 20 new classrooms, so I would hope that that's going to
alleviate some of the -- the class overcrowding and classroom sizes. Other questions?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: So, to piggyback on the questions that Mr. Cavener asked, so if this body decides
that -- hypothetically that these 17 extra units were -- let me back up. If this body decides
that we are going to stick with the FLUM and not approve a step up in density, would this
be a deal breaker for this -- this project?
Schultz: I would have to confer with my owner.
Bernt: Before we -- Madam Mayor, one more follow up. I just think it's important to have
that discussion at least a little bit. Not that -- I'm not saying -- and this is all hypothetical,
but before we close the public hearing and we start discussing this, I would want to have
more clarity in regard to that before we -- before we close the public hearing. I'm sure Mr.
Cavener and others would agree.
Cavener: That's why I bring it up now.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: My concern is that we make the decision on whether we are going to allow step-
ups in certain areas when they get to Council. I don't think that's the best way for Council
to be doing that. I mean I have -- I have brought up the question dozens of times that if
we are going to make changes or if we are going to put a moratorium or any kind of
restrictions on what we have done and what we allow, that we need to make that decision
and start letting people know when projects are first applied for, not when they have spent
a fortune and gone through all the process to get before us to this point to say thanks, but
no thanks. I think that this is before us we need to make a decision based on whether it's
a quality project and whether it's what we would want there, assuming there was no issues
with the school district at the moment, because if that was what our concern was, we
need to be letting the development community know that before they have a chance to
file an application with us.
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Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Well, I agree with Councilman Palmer on this one and I -- though it's a step up,
it's not much of a step up and still under four -- the 3.6 is still in the realm of where it was
supposed to be, so I don't really think that's that big of an ask. I'm just still stuck on that
playground.
De Weerd: A playground over density.
Milam: With that much density you need a playground.
Schultz: Make a condition of approval.
De Weerd: Okay. Any other questions for Mr. Schultz? Thank you.
Schultz: Thanks.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I move we close the public hearing on Item 9 -B.
Bernt: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. Any opposed? I didn't think I heard all ayes. Because you did ask if -- for a
response maybe from the client and with a closed public hearing you could not do that,
so -- any discussion?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Maybe a question for Sonya. On -- under the outstanding issues for City Council,
the second item there, was that discussed? All is well there to do that? I don't remember
if I heard any concern about -- after the applicant.
Allen: I didn't under -- understand your question, Councilman Palmer.
Palmer: Under the --
Allen: Outstanding issues for Council, the second item?
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Palmer: Yes. Was it -- everybody ended up on the same page with that one? It was
all --
Allen: Yeah. The applicant is in agreement with the addition of a pathway.
Palmer: Then with that I move that we approve H -2018-0115 with everything that was
discussed and not requiring the fence along the canal. Did I miss anything important?
Allen: Did you intend -- excuse me, Madam Mayor. I'm sorry. Did you intend to include
the staff's outstanding issue we just discussed?
Palmer: Correct.
Allen: Okay.
Palmer: And approving the step up.
De Weerd: Okay. I have a motion. Do I have a second?
Bernt: Second.
De Weerd: Okay. I have a second. Do we have discussion?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Would the maker of the motion be willing to add a playground?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: There is a pool there. I mean to me that's a massive amenity that my
subdivisions doesn't have. We have -- we have tot lots galore. We don't have a pool. I
would trade every one of those and so would probably every kid in my neighborhood to
have a pool instead. I know my kids would.
De Weerd: Any other discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just further comment. Appreciate the application. Appreciate the quality
brought. I think it's great for Meridian. I think I have made my opinion known. Based
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with the conversation about approving home or apartment after home after apartment in
Meridian, we continue to grow, but the impacts on our schools is really getting to a tipping
point and while I know the bond will help alleviate some of that , we also continue to
approve lots of applications that don't have step ups in south Meridian. We continue to
approve step-ups in north Meridian and central Meridian and just think that we have got
to get to a point where we need to slow things down a little bit and let our school district
step up -- or catch up. I have no problem approving with its previous density, but I can't
approve the step-up here tonight. So, appreciate the commentary Council Member
Palmer. I think that we as Council Members review each application as it comes before
us each night and render our best decision. I don't think this is the case that we need to
be communicating to the development community that we are not hearing applications. I
think it's business as usual. You have got a Council that is going to evaluate each
application that's prepared and render the decision that they think is best for us both.
De Weerd: Okay. Any further discussion?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I -- I go back and forth between the step up and -- and not approving the step up.
I think that I -- in this case I think -- I think the step up is so relatively small -- we are talking
about a half a percentage point. I just -- I understand that 17 units -- and I think in this
case I would be in favor of this development with -- with the -- with the step up included.
De Weerd: Okay. Any further discussion? Mr. Clerk, will you call role.
Roll call: Borton, absent; Milam, nay; Cavener, nay; Palmer, yea; Little Roberts, absent;
Bernt, yea.
De Weerd: I will break the tie with a no.
MOTION FAILED: TWO AYES. TWO NAYS. TWO ABSENT. MAYOR AYE.
De Weerd: And I will just -- my tiebreaker was a no because we had a conversation with
our community about step-ups and -- during the Comprehensive Plan update. So, I think
that it was suggested by the city that those would all be addressed on an individual basis,
but it is a step up and we are in the midst of a Comprehensive Plan and we will stay true
to that. We are taking the step up out of the Comprehensive -- the upcoming
Comprehensive Plan, so that was telling. Okay.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: Just a question for staff. Is it preferable for staff -- do we -- I'm intending to
make a motion to approve this, but to reduce the preliminary plat to 112 building lots.
Would you prefer that we continue it to allow an update to a preliminary plat before we
move forward or are you comfortable with us approving it with that number this evening?
Allen: Madam Mayor, Councilman, what I -- what I heard you say was either -- a question
of either approve it with the reduced number of lots or require them to revise the plat and
bring it back.
Cavener: Correct.
Allen: I would require him to revise it and bring it back, but I also might, you know, suggest
you ask the applicant if they are even interested. They might prefer a recommendation
or a decision of denial. I'm not sure. I'm not sure if it's feasible for them I guess is what
I'm trying to say, but that would require you opening the public hearing.
Cavener: All right. Madam Mayor, I want to be fair to the applicant. I move that we
reopen the public hearing for Item 9-B.
Milam: Second.
De Weerd: I have a motion and a second to reopen the public hearing. All those in favor
say aye. Did I hear all ayes? Okay. This hearing is open.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
De Weerd: And ask for the applicant's comments.
Schultz: Thank you, Mayor Tammy. Matt Schultz for the record. Thank you, Councilman
Cavener, for the opportunity to speak again. A second life sometimes. Appreciate that.
No, I think that would be good. I appreciate the opportunity. It will give us a chance to
maybe continue before a final decision on -- give us an opportunity to look at a -- at an all
R-4 preliminary plat. I don't know if 3.00 is your cutoff or not. Your staff has indicated
that it's not. It's not the cutoff, you know, it's -- it's -- you know, it's reasonable to submit
something to 3.3 or 3.4 and still not be a step up in their opinion. So, I just want to throw
that out there, you know, that I have gotten that from some top level staff that, you know,
use very round numbers in one to three, you know, three to eight, you know, and things
like that, but when you get down to it, yes. So, I mean R-8 is considered a medium
density. So, we would have to go back to R-4, but we would ask for a little bit of flexibility
on that, you know, 3.00, just -- if you look at our amenities and things like that. We love
the area. It's great -- a hot, you know, upscale part of town. We are excited to be in it
and we do not want to throw it away over this issue. We do appreciate the chance to --
to reevaluate it and potentially resubmit it, so I appreciate that, if you would vote for that.
Cavener: Madam Mayor? Matt, how much time do you need? Two weeks? A month?
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Schultz: Thirty days would be great.
Cavener: Okay.
Schultz: Yeah.
Cavener: Okay. Great. Thank you.
Schultz: Thank you.
De Weerd: How much staff -- time does the staff need?
Allen: Ten days prior to the hearing preferably. At least.
Bernt: So, a month and at minimum two weeks?
De Weerd: Is this substantial enough that it would need to go back to Planning and
Zoning, Mr. Nary?
Nary: Madam Mayor, Members of the Council, I mean it doesn't sound to me, from what
they are talking about, that the -- it's that substantial. That certainly is the Council's
prerogative to remand it. That would put it out a few more months, rather than weeks,
but it doesn't sound that significant. We are talking about R -4 -- all R-4, R-4 -- not just
density, but R-4 dimensions. I think -- I don't -- if you talk about losing 13 lots -- I guess
in my opinion that's not significant enough to remand.
De Weerd: Okay.
Nary: You could certainly give enough time just to provide --
Cavener: Madam Mayor?
Cavener: Mr. Cavener.
Cavener: I think a valid question for staff. 5th? 19th? Is February 5th too soon for you
all? I prefer to not continue it to the 19th, but I also recognize that our planning department
has significant amount of projects on their plate.
Allen: Madam Mayor, it -- it depends on how long it will take the applicant to get us revised
plans. Like I said, we need them at least ten days prior to the hearing date. So, if they
can turn it around and get it to us quickly -- he's nodding that they can, then, February 5th
would be fine.
Cavener: Great. Thank you. Anyone else wants to testify before we close the public
hearing?
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De Weerd: You don't want to close the public hearing.
Milam: We are continuing.
Cavener: That's right, we are continuing it.
De Weerd: Ye s.
Cavener: Thank you, Madam Mayor. Unless there is anyone else here that wants to
testify, I would move that we continue Item 9-B, H-2018-0115 to February 5th, 2019.
Milam: Second.
De Weerd: I have a motion and a second to continue this public hearing. All those in
favor say aye. All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
De Weerd: Thank you. So, the Starks, you know what just happened; right? This -- this
application will be continued to February 5th and with most likely a new plat that would
be submitted that you will have an opportunity to review.
De Weerd: Okay. Item 9-C is a public hearing for H-2018-0091. I will open this public
hearing with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next application on
the agenda this evening is the Rockbury Townhomes. The application before you this
evening is a preliminary plat and the applicant's also applied for a director's approval of a
private street to provide internal access to this proposed development . The site consists
-- in the project description we had mentioned that the project site was approximately 6.23
acres in size, but it's actually 5.83 acres in size. So, it's less than what's depicted on the
project description. So, that does affect some of the density for the proposal development
that I will go into in my presentation. So, as I mentioned to you, the site consists of 5.83
acres of land, currently zoned R-15 in the city and it's located at 4373 West Treecrest
Drive in Meridian, Idaho. In 2006 this property was annexed in as part of the Tree Farm
annexation. Recent applications came before this body in 2007 as the Rockbury
Subdivision, which it was a two lot subdivision. One was the C-N portion here that you
see that's going to develop with a church and this was a larger parcel -- an R-15 parcel
that was to come back later and further subdivide to have a residential development that
you could look at and that's why we are here this evening. I would also mention to the
Council that the recorded development agreement for this particular project does call for
townhomes, multi-family, or either condominiums on this particular property. So , the
applicant is proposing to construct 47 townhomes on the site, consistent with the -- the
proposed development agreement. I would also mention to you that the Comprehensive
Plan for this particular project is medium density residential and as you're aware that's a
density range between three and eight dwelling units to the acre . The proposed project
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before you this evening is at the higher end of the register. It comes in right at eight
dwelling units to the acre, with the number of building lots that they are proposing this
evening. So, again, the applicant is proposing 47 lots and eight common lots. The gross
density is eight dwelling units to the acre, as I mentioned, which is within that target
density of three to eight. Minimum property size is 20 -- 2,603 square feet, with an
average lot size of 3,527 square feet. And because this is an R -15 development, all of
the proposed lots comply with the minimum 2,000 square foot lot size minimum for that
particular district. So, this plat does conform to those regulations. I mentioned to you
that the plan that's before you this evening has been modified slightly based on what
transpired at the Planning and Zoning Commission. So, the Commission had concerns
with the amount of guest parking. Because this is a gated community that's being
proposed this evening the roads are narrower than what's allowed for a public street, so
parking was an issue that was raised by our fire department. So, the Commission had a
condition that they add ten parking stalls for guests parking and they have provided that
and that's before you this evening. So, that -- that condition has been modified and the
plans have been changed to reflect that -- that change as well. That also slightly modified
the proposed open space for the development, because some of it went to make way for
the additional parking on the site. But as I mentioned to you, because the acreage of the
plat is slightly less than what was on the project description, there aren't any concerns
with this project still meeting the minimum open space requirements for this particular
project, the ten percent minimum. So, as I mentioned to you, this is a private street that
they applied for. There will be a gate for an entrance on the east boundary here for access
into the development and, then, a northern access off a collector road here. This one is
proposed to be an emergency access only, because of the street being designated a
collector. When staff -- when we met with the applicant we worked -- typically we don't
allow private streets for single family type developments of this nature , but we worked
with ACHD and the applicant, we decided that this -- these streets only provide access to
this particular development, so in this case public streets don't really provide a benefit to
this development, so staff is amenable and the director -- director was amenable to allow
this to move forward with a private street application -- a gated private street application.
Now, we will get into the open space. Because this is over a five acre minimum, the code
does require that the applicant provide ten percent open space and one site amenity. The
applicant is slightly above the minimum ten percent at 11 percent and the -- the primary
amenity is going to be a clubhouse, which is located here, if you can see my cursor, which
is central to -- which is located on the central open space surrounded by the townhome
units. So, the open space and the amenity does comply with the minimum of the UDC.
Fencing for this development is required to comply with the UDC standards as well. The
applicant did provide some conceptual elevations for you this evening. Some of the
concerns from the neighbors during the public hearing was the fact that these units may
not appear -- seem to appear to fit on some of the lot sizes that they are proposing. So,
that was discussed. But I would mention because these are townhomes and attached
units, all of the proposed elevations have to go through the design review process . So,
the application will have to provide those details to us to ensure that these , one, meet our
architectural standards, but, two, also fit on the lots and meet our setbacks. The Planning
and Zoning Commission -- I did have a couple other renderings for you. So, the applicant
did provide some color renderings of the gate detail as you come off the east and this is
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how it kind of fits in with the surrounding community. Now, this is quite a bit denser than
what's currently developed in the area, but, again, as I mentioned to you earlier in my
presentation, that does comply with the recorded development agreement for this
particular property. Here is some renderings of the proposed elevations again and, then,
here is some more -- here is a respective view of the plaza area water feature and the
proposed clubhouse here that's, again, internal to the proposed development and the
applicant also has interconnected pathways that tie into the church and the adjacent
streets for interconnectivity to the adjacent roadways as well. One thing that I will -- that
was discussed at the Planning and Zoning Commission was the pedestrian internal
access -- the internal connectivity, whether or not -- typically with a private street we don't
require sidewalks. It's not a code requirement. That's something that we had
recommended as staff, but Planning and Zoning Commission kind of took that
requirement -- removed that requirement for the fact that the applicant actually proposed
permeable pavers as part of the roadway system. So, these roads will all be a minimum
of 25 to 27 feet wide and, then, five feet of it will be this permeable paver, which acts as
a demarcated pedestrian walkway within the development, so we are good with some of
that connectivity here and the drive aisles should still be a minimum of 20 feet to get cars
going down both sides of the road and still meet our fire department concerns for access
into the site. So, testifying in favor at the public hearing we had Michael Nye and Pete
Rockwell. No one testified in opposition. We had three residents comment on the
application and no written testimony submitted. Key issues, as I mentioned to you, some
of the neighbors were concerned that the elevations didn't blend in with the community
and may not -- didn't appear to fit on the proposed lot sizes and, then, the -- some of the
neighbors -- they are having some traffic issues out there, particularly that intersection at
Tree Farm and Chinden is over capacity with the number of developments that have come
in and what's going to relieve that is a Black Cat exit to Chinden and that's currently under
construction. So, a lot of that will be alleviated once that intersection is completed and
that access is complete, which I believe its constructed currently and that was a
requirement of previous developments as well. So, ACHD did not require a traffic study
with this particular development. Key issues of discussion by the Commission was the
guest parking, which I alluded to in my presentation. That has been remedied per the
Commission recommendation and, then, Commission was -- because of the R-15 district
they were concerned on the three foot setback between the structures. So, a total of six
feet between each structure. So, this is going to be a pretty compact development in that
particular area. So, that was something that was discussed as well. So , as far as
outstanding issues this evening there are none for the Council. I had -- I did look on the
public record and I did not see any additional public testimony was provided for this
particular application after the Planning and Zoning Commission. So, with that I will
conclude my presentation and stand for any questions Council may have.
De Weerd: Thank you, Bill. Council, any questions at this time?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: Bill, just for clarification, then, proposed gate at both Treecrest and Tree Haven
Way?
Parsons: Madam Mayor, Members of the Council, that is correct. One will be emergency
access and one will be the main entrance.
Cavener: All right. Thanks.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I just have a question, kind of more of a general question, Bill, and that -- it's
regarding a tot lot and the question, though, is staff recommended one in the last
application, but not in this application. Is that because of the number of homes or the
type of development? What is -- what would be the reason -- they had enough amenities
technically.
Parsons: Madam Mayor, Members of the Council, this -- this application is a little bit
different. This is really a preliminary plat. So, we can't --
Milam: Can't do this.
Parsons: -- it's not like a rezone or development agreement modification wh ere you can
require something a little bit more. Now, if you feel a clubhouse -- a tot lot is better than
a clubhouse that's a discussion you can have with an applicant, but I think their
demographics are probably going to be a little different than a family locating here, but I
could be wrong, but maybe they can maybe share some of that -- their vision of the project
with you as they get into their presentation, but that's our understanding, it's geared
towards a more 55 and older and so that's why they thought the clubhouse was the better
amenity and we did as well.
De Weerd: Okay. Anything further? Okay. Is the applicant representative here?
Breckon: John Breckon. Breckon Land Design. 6661 Glenwood Street, Garden City.
De Weerd: Thank you.
Breckon: Thanks, Bill, for the very concise presentation. Much appreciated. Since P and
Z approval we have been working with staff to make sure that we comply with all the site
specific conditions of approval. Some of those items that I would like to point out, which
-- which are depicted on this plan are the addition of a four foot wide sidewalk that wraps
the interior island area there. We have also added the -- the onsite parking to -- to allow
visitor parking and -- and provided clarification of the clubhouse and that it is, indeed, a
clubhouse and will have restrooms, as well as kitchen. The plaza area there is -- is to be
a nice amenity as well with a water feature and -- and, then, the open space area in the
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-- in the center is -- does meet the qualified square footage requirements for open space.
We have also made some -- or shifted lots around in order to provide pedestrian
connection through the -- through the center and allow that connectivity to the south and
to the north and -- and, then, we are also, you know, taking in consideration the landscape
buffer that's being provided on the south as part of the church project. So, those -- those
will dovetail -- work together. The -- you know, there has been some ongoing, since we
started working on this project, conversation about traffic flow, you know, that -- that whole
area there is developing very rapidly and trying to accommodate that. So , at this point
Black -- Black Cat is -- is complete and so that -- the -- some of the previous concerns
about Tree Haven being over -- or in a congestion point are not valid as they were
previously. Other items that we plan to add into the plaza area would be benches. There
is trees with tree grates. So, that's -- you know, it's all supposed to be very -- look very
nice and cohesive and work together from a design standpoint and to be overall
pedestrian friendly and so that was some of the thought process that we put into this,
incorporating the -- the permeable pavers through the traffic way and making it more of a
pedestrian area. There is no parking allowed on the streets. I would stand for questions.
De Weerd: Thank you, John. Council, any questions?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: One question. Thank you, Mr. Breckon. The elevations look a little bit different
from the original rendering to the color rendering. I really like the original rendering -- the
color renderings look completely different. So, what's it going to look like? They are not
even remotely close.
Breckon: Well, I am probably not the best person to field that question. I know we -- you
know, in our previous concept -- I think it was over a year ago, it was substantially different
and there were some issues with building setbacks and where the property lines lie and
so forth and that drove much of the redesign in order to meet all the code requirements.
I also know that, you know, what is portrayed is conceptual to some degree and so, you
know, that's why, you know, color choices have not been selected and each one of these
buildings will, again, have to come in for approval, design review.
Bernt: Madam Mayor, follow up. Not necessarily concerned about the color per se, just
like the -- the difference in -- in elevation, you know, having them look not so vanilla across
the board. Having -- you know, the elevations look exactly the same. That -- the original
rendering it looked quite a bit different. For example, like , you know, you have a lot of
different variation in -- in -- in the original rendering. They look completely different. I like
it a lot.
Breckon: Okay.
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Bernt: What you are -- what you are proposing now looks exactly the same pretty much
across the board. So, I was wondering what -- what's it going to look like.
Nye: Good evening, Madam Mayor.
De Weerd: Good evening, Michael.
Nye: How are you doing? Council. The -- the original drawings, which you can --
De Weerd: Michael, will you state your name and address.
Nye: My name is Michael Nye and my address is 904 Madrid Avenue, Torrance,
California. 90501. What you're seeing here -- do you see what I'm seeing? This is our
second round of design for the project. The first round that shows the gate and the -- the
elevations was purely conceptual. We had developed that for a neighborhood meeting
as we were beginning the process. So, that was about 18 months ago and subsequent
to that we have further refined the elevations and design of the project and we understand
that with this many units there needs to be variety in the project, both of elevation, color,
setbacks, variety of materials and so that's being -- in process right now. If you want we
can have our architect detail a little bit more about that, but what you see here in this
elevation is more refined of what the product -- it will ultimately end up being like. So, it's
very much different than what the original was. So, that's why you're seeing that different
in elevations and colors and setbacks.
Bernt: Madam Mayor. So -- so, am I looking at what it's going to -- so, what you're saying
is what I'm looking -- what we are looking at right now is not what it's going to look like?
Nye: Yeah. So, if you look at the -- the color renderings over here to the right, that is
more depictive of what the end product will be --
Bernt: Okay.
Breckon: -- versus the one that showed the entry. Those are just kind of block --
Bernt: Right.
Breckon: -- it was more of just here we are going to have a gated entry. We are going to
have units. Even the center courtyard looks much different from that design to what we
finally ended up with here at the end, so --
Cavener: Madam Mayor -- oh, sorry, Mr. Bernt.
Bernt: One sec -- so, Madam Mayor, follow up. So, what -- what I'm looking at on the
right is going to be more depictive of what it's going to look like --
Nye: Yes, sir.
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Bernt: -- is on the left.
Nye: Yes.
Bernt: Thank you, sir.
De Weerd: Mr. Cavener.
Cavener: I'm somewhat dovetailing on Council Member Bernt's questions. Help me
understand. I know that -- I think the -- the renderings changed from the neighborhood
meeting to the Planning and Zoning Commission meeting. Are these further refinements?
Are these renderings that we are seeing here the same ones that were presented at -- at
Planning and Zoning?
Nye: What you're seeing here were the ones from Planning and Zoning, yes.
Cavener: All right. Great.
Nye: So, we submitted these same ones to them.
Cavener: Thank you.
De Weerd: Any other questions? Okay. Thank you.
Nye: Thank you.
De Weerd: Mr. Clerk.
Coles: There was only one signup this evening. Jane Albert signed up. But I don't see
Ms. Albert. That was the only sign up.
De Weerd: Okay. Denice.
LaFever: Hi.
De Weerd: Hi.
LaFever: My name is Denise LaFever. I'm at 6706 North Salvia Way and I'm opposed to
this as designed. First of all, I would like to put it on record that I did attend the
neighborhood meeting and with the rest of my neighbors. We had lots of questions and
they were unable to answer the questions and when point blank asked, you know, why
are you going through this if you're not ready to answer the questions, we were told we
are just checking a box. Well, part of what zoning is about is working with the neighbors
to get a plan that works and that is compatible with the neighbors. This still fails to meet
the compatibility as you can guess, because one of the areas that we are concerned
about is the elevations. We have rocks, we have bricks, we have river tones throughout
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our community. We have a nice neighborhood and we want to keep it that way and there
is nothing wrong with having a nice neighborhood in the Meridian area. We don't need
Swiss cheese everywhere.
Bernt: Right.
LaFever: It's okay.
Bernt: It's okay.
LaFever: It's okay. And with that said, we have -- we have asked them -- and, Scott,
when they did the church, was great. He -- I didn't get a chance to work with him, but
that's how I met all of my neighbors the first time I sat here was from that meeting and he
was absolutely fantastic to work with. This developer hasn't come to the table and hasn't
worked with our neighbors to go back through. You know, Jane isn't here. Jane gave me
her notes. She was concerned about parking. She is concerned about the elevation.
You know, there is -- there was concerns about amenities, lack of. There is concerns
about open space. Spurwing, one of the things that's touted about the Spurwing family
of neighborhoods is the amount of open space throughout that community. There is
beautiful walking trails, beautiful open space. Here is this development coming in that will
be utilizing our space, isn't part of our HOA, but will be relying on that beautiful
neighborhood without actually contributing and they don't have enough open space within
their area. Just barely meets it. It is not compatible. It's very dense. It's too complex.
You know, the colors and the variations just don't cut it. You know, there was concern
about the traffic as well. We have a -- even though the Black Cat is there, the light isn't
developed and the church is going to be there, which is going to put a heavy de mand on
traffic when that one gets developed. One of the other things when I went through and I
looked at the staff report, maybe it's in there somewhere, but I don't see where there is
anything to address. How are they going to address upkeep of the painting and the roofs
and all of that stuff. You know, we are really concerned that they have an HOA that speaks
to the open space and maintaining the open space, but what about to make sure that
once they put it in there you don't have somebody painting it pink and somebody painting
it orange or whatever colors they choose to do , that there is some consistency among
these townhouses. We like our neighborhood. I like my neighborhood and I want to keep
the quality in our neighborhood. So, I asked you to either go back through and have them
send it back and give us some good elevations to look at or flat out deny it.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Denise, I would have been completely shocked if you had come up and testified
for this one.
LaFever: Against this one?
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Bernt: No. No. For this one. Not -- not for.
LaFever: For this one?
Bernt: Yeah. So, I'm glad you're here. I have some questions for you. So, you said that
you asked them questions that weren't answered. What were those questions that you
-- that you asked that weren't answered?
LaFever: We -- we asked for -- in the very beginning about elevations and coloring. Their
original renderings were like a black and white. That doesn't -- that doesn't really flow
and blend with our neighborhood. You know, we asked other questions about, you know,
just different amenities, parking, you know, how they are going to handle that. They
weren't answered. You know, part of what this whole process is and going through this
process I have learned is there is a breakdown with the neighborhood meetings. I think
if we actually get on step and we actually have neighborhoods become more meaningful
and work together and are able to develop something like what Scott did and we had
more meaningful neighborhoods it would be better and so there is -- it just needs to have
some improvements.
Bernt: Madam Mayor, follow up? So, looking at the elevations that I saw -- and I agree
with you one hundred percent, Denice, that the -- the color renderings were a little bit
vanilla. I mean I think that maybe they were placeholders , as opposed to an actual
representation of what those -- those elevations would be, but looking at the right, what
-- what part of those renderings or those elevations are you not in favor of?
LaFever: One the color -- the colorings on it. You know, white doesn't really blend in with
our neighborhood. We happen to have one house over in that area that's white and gray,
but I walked around that whole neighborhood, because I wanted to understand what I
didn't like about it and I walked around the neighborhood and we typically have three color
sources throughout our neighborhood and bricks, rocks, are all present. This one over
here on the other side. That was the white looking one, I believe they had some brickwork
or whatever. I'm not seeing any brickwork, rockwork. You know, we just want it to blend.
Even the Spurwing Heights that went in, they blend, you know. I know that the neighbors
weren't in favor of that one because of the size of the lots, but that actually looks really
nice.
De Weerd: Anything further? Thank you. Is there anyone else who would like to provide
testimony on this item? Yes, sir. Happy New Year. If you will, please, state your name
and address for the record.
Ghiorso: Thank you. Mark Ghiorso. 4329 West Greenspire. We moved into our home
about six months ago and, to be honest with you, we knew there was a church that was
likely going to be going in. We did not know about the development at the time and I'm
sure if I would have questioned a few more of the neighbors we would have found that
out. But either way our -- and the conception is right here, but if you look at the plat map,
the -- yeah. The Treecrest Way right here backs up to our subdivision right behind it there
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and I'm concerned I think as I look at this a little bit closer now with the setback to stop at
Treecrest there. It seems like it's -- you know, if we are in our backyard there we are
looking across a street and, then, there is two story townhomes that are looking down into
our backyard. So, it would appear to me -- and, again, the density is -- is part of this
issue, but that there has to be a way maybe to give a little more privacy to those of us in
those 12 or so homes that are on Greenspire that are going to be having neighbors look
down into our backyard that we had not planned on initially I think when we bought our
home. So, I guess that -- the density, the setback and as the woman before me just
mentioned, the elevations are a great concern to us as we -- as we look at this. So, again,
I think a little more discussion with the neighborhood and it -- I think would be appropriate
and I think well -- well deserved by the neighbors that are there. So, that's it. Thank you.
De Weerd: Thank you.
Cavener: Madam Mayor. Mr. Ghiorso, I had a question. Appreciate your testimony. Help
me understand. Maybe I was confused. Does your neighborhood sit below Treecrest
Way?
Ghiorso: Greenspire is -- is right there. So, if you're looking at -- I don't have my glasses
on. Right there in that little cul-de-sac on the left right here --
Cavener: Uh-huh.
Ghiorso: Yeah. That's -- we are right in there just to the right. 4329 or four -- yeah. 4329
is our address. Uh-huh. So, we would be looking at right back at those across that little
road there, Tree -- Treecrest I guess and they would be looking back into our -- our
neighborhood. So, it's not that it's elevated above us, unless -- we are talking to the
second floor; right?
Cavener: Sure.
Ghiorso: And it just looks like it's a -- it's a very small setback from the road there, so --
Cavener: Madam Mayor. Mr. Ghiorso, you mentioned better engagement with the
neighbors, which is something that we, as a Council, really support. What were those --
what are those items that you would hope to be addressed?
Ghiorso: Density. Elevation. But the setback primarily. Having more of a setback off of
Treecrest there would be -- would be desirable -- highly desirable for those of us that live
in those eight or nine homes right there.
Cavener: Thank you.
De Weerd: Any other testimony? Okay. Would the applicant like to come up and have
final comment?
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Milam: Madam Mayor, I do have a question for the applicant.
De Weerd: Mrs. Milam.
Milam: As you have heard brought up several times today. So, is this -- and I guess staff
didn't really have the exact answer that I -- same kind of question I asked them. Is this a
senior living development or is there a reason that you didn't put in some form of play
structure?
Nye: It's not a senior living development, but the demographic of what we have looked
at in our proforma is older retired people that want a place that is secure, that they can
-- it's a lock and leave it development, so they can lock their home, it's fully maintained,
so they can leave. It's got secure -- secure parameter. They can just leave their facility
or their home and go travel, whatever they would like to do. So, it lends itself more toward
retired people or people that just like to travel, professional people that don't have time or
desire to maintain a facility, it will all be taken care of for them. So, when we looked at
that demographic in full and, granted, we have got 47 units, not a big demand, but we
have provided a very attractive interior place for kids, if they want to play, if there are kids
that end up being there. We have got a clubhouse, we have got fountains, we have got
a big grassy area and trees, place for the kids to ride their bike, plus it's got full access
out of the development on all four sides, east, north, south and west that they can get out
onto nice grassy areas, nice access areas that go across the street to the swimming pool,
to go down to the clubhouse, to have dinner, whatever it is, they have good access to
that. In response to some of the concerns, we realize that we are -- when our project gets
approved and we go to ask for building permits, that we will have a design review process.
We are not designing something that will not be complimentary and will not fit within the
community. So, some of the colors and the elevations -- directly to the east of us there is
five or six homes and surround the -- the swimming pool area that don't have any brick at
all. They don't have any stone on them, they are just basically siding. But that's not what
we want for our development. So , we will have a combination of stone, brick, stucco,
wood. So, it will be a nice mix of the style for the homes. So, in regards to the -- no HOA,
we have had communications with the Spurwing Greens HOA and Joy Jones is here, they
can talk a little bit further about that if you would like to talk to her. So, we are in
discussions with them. We would be a little further in discussions, but there are several
entities that are part of the Spurwing Greens HOA that they are trying to meld the different
developments together. There is some contradictory language between the different
development agreements with an HOA agreement , so they are working on that. It is our
desire and our plan to be a part of that -- to be a part of that master HOA development,
so that the exteriors are maintained. We have to maintain the roads as they are private
roads, so -- and the fact that this is a fully maintained development , so landscaping,
exteriors, roof lines, paint, that's all maintained as part of the HOA. So, it does meet the
current zoning requirements. We have allowed for a larger open space than what's
required and we have worked with the church and the design of the surrounding pathways
and access points to -- to allow people to have open access to all of that, especially
pedestrian and bike access. We talked a little bit about upkeep. We will blend in. The
setback off of the road, the Treecrest Way, the -- the development to the north of us is
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fully fenced, so there is no direct openness to the street or to our development and so our
two story units would be no different looking into somebody's backyard across the way --
it actually would be less than their neighbors that have two story homes with open grate
fencing. So, it's open metal fencing. So, I think with -- as far as visual impact of that, it
will -- it will be probably even less than what some of the current -- current view is from
the other homes and we have allowed for additional parking and -- yeah. So, that's all.
De Weerd: Okay. Council, any questions?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Thank you, Mr. Nye. Just one quick question. You mentioned that, you know, you
haven't started the design process and I totally understand why at this phase of your -- of
your application why that wouldn't be the case, but going forward would you involve --
would you be open to involving some concerned neighbors in that design process, not
necessarily -- just to take their input, you know, to -- trying to be a good neighbor to them
and would you be opposed to that?
Nye: Yeah. Absolutely. And the latest pictures that we showed you of the design , those
were submitted -- were actually shown at our last neighborhood meeting.
Bernt: Okay.
Nye: So, we have had several meetings and because of the longevity this project we
have had to reduce some of the meetings, which we are fine, we are happy to do.
Bernt: Okay.
Nye: We are -- we want to be good neighbors and so we just want to assure the Council
that what we are designing here fits in Spurwing Greens, you know, it's -- it fits the design,
it fits the feel, the finishes or will be a high end finish, so it will be very nice and will look
very nice from any -- because we are out in the middle will have four sided architecture
that isn't just nice in the front, but it's nice all the way around , because we will be open to
the public.
Bernt: Awesome. Thank you.
Cavener: Madam Mayor? Mr. Nye, in your testimony I think you said that you're -- you're
working with the Spurwing Greens HOA and that maybe there is someone here that's
representing them -- and she doesn't have to get up and introduce herself and testify.
Maybe we can avoid that. I see she -- but my assumption is is one of those conditions of
joining the HOA is that your development would have to adhere to the same architectural
standards as -- as the Spurwing Greens neighborhood.
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Nye: Yeah. We will be a sub HOA to the master HOA there, so -- because we have
different requirements than the other houses that are around us -- for one we have to
maintain our private roads, we have more landscaping requirements for maintenance, the
outside of the building, so we were part of it -- or we would be part of it, but we also have
to maintain it differently because of the demands and requirements of the development ,
so --
Cavener: Madam Mayor, one additional question if I may. Appreciate Councilman
Milam's concern about a tot lot. I don't necessarily share that same concern, but what I
do shares the concern I think that was shared by the public about your residents
accessing kind of private open space and we see that a lot with lots of applications, but I
can appreciate the added concern from -- from the Spurwing residents and I saw one of
the -- the slide showed kind of the pathway access from your neighborhood kind of out to
the street and I don't know if staff can pull that out. Oh, it's actually up here. I assume
that that pathway takes you to Treecrest and there aren't any other pathways that take
you -- would take your residents into Spurwing and I guess what I'm trying to get at is
making this kind of the path of least resistance should you not join the HOA to alleviate
the Spurwing homeowners that, you know, the -- the amenities that they are paying for
are being used only by their residents and not from people from within your neighborhood.
Can you comment a little bit on that and maybe show us -- kind of articulate where people
would have to go.
Nye: Yes. Absolutely. This portion of land has a benefit of it in that whoever buys one of
these units will have a life -- a lifestyle membership at Spurwing Country Club. So, they
are a part of Spurwing. They will be a part of that. They are putting their money into it,
they are contributing to that, so they are not taking anything away from it and they are not
using anything that doesn't -- that they don't have the benefit of using, so --
Cavener: Madam Mayor, just -- thank you for providing that you clarity.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, Councilman Milam and Councilman Cavener -- and maybe this
will help as well. According to Google the site is a three minute bike ride and 11 minute
walk to Keith Bird Park and a six minute bike ride and a 19 minute walk to Heroes Park.
So, there is massive publicly funded amenities in a very short distance from the site.
De Weerd: Okay. Is there any further questions for the applicant?
Nye: Thank you.
De Weerd: There is a follow-up question or remark it looks like. Council willing to hear a
second time? Good evening.
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LaFever: Denise LaFever. 6706 North Salvia Way. Since Ty testified that there is parks
close by and Googled it, right across the street is one big open green space and that little
walkway goes to that one big open green space. Not only that, there are multiple trails
throughout this whole entire area and, second, the club lifestyle membership is a private
membership to the clubhouse and the golf course. Has nothing to do with our amenities
throughout our neighborhood, so --
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question for Denise. Denise, are the streets and sidewalks in your
neighborhood, are those privately owned or are those public streets and sidewalks?
LaFever: They are kind of -- they are kind of a little bit different. They are ACHD right of
ways that all the neighbors get to maintain.
Cavener: Madam Mayor, follow up. So, that the neighborhood pays for the maintenance
on the streets and sidewalks?
LaFever: No. They are public streets.
Cavener: Okay.
LaFever: Yeah. But the pathways and throughout the whole entire neighborhood those
are Spurwing's and there is a lot of green space. That's what makes this area so
desirable.
Cavener: Thank you.
De Weerd: Thank you. Since the applicant always gets the last word, any final
comments? Okay. Council, any other questions for the applicant, staff, or -- it's still open,
yes. If you would like to come forward. If you will, please, state your name --
Jones: Joye Jones.
De Weerd: Yes.
Jones: Sorry. J-o-y-e --
De Weerd: And can you pull that -- yeah. You can pull it down.
Jones: Thank you. Joye Jones. J-o-y-e. Jones. And I represent the Spurwing --
Spurwing Greens HOA, both the master association and the two sub associations. So,
just a couple of clarifications. The members of the board couldn't be here this evening as
they are going through some document review, so they were in a previously scheduled
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meeting. I did want to clarify a couple of things and that is Spurwing Greens is separate
from Spurwing, as I know you're aware, but this parcel does have, as Mr. Nye mentioned,
it does have access to the club as far as a membership opportunity that was
grandfathered in and the development agreement and the -- and the purchase of that
property. However, the access to it, if it is through those private and privately maintained
parcels, would need to have some other sort of agreement, because they wouldn't be
paying into the Spurwing Greens master association HOA, although they have made
application. The other thing was Mr. Nye mentioned that the pool -- the community pool,
that they would have access to that. And, again, that would only come with the agreement
to be a part of the master association. However, the club facility, obviously, has the fitness
facility and it has the swimming pool and all of that. So, little bit of differentiation there
and I just want to make sure that we clarif y that that approval has not been -- actually it
hasn't been formally requested, let alone weighed, simply because we didn't really have
a project that the board could weigh access to -- allowing them access to. And, then, to
Denise's point of a couple color schemes, there are six approved exterior colors, along
with about 12 -- 12 approved trim colors for Spurwing Greens. So, to be harmonious it
would need to most likely be in that color scheme, if that's helpful.
De Weerd: And it does sound like the applicant agreed to coordinate with your color
schemes and --
Jones: Correct. And what was presented to us, because he did come to Century
Management or did send in a proposal asking that -- for the management of it, which is
totally separate from the master association, but for us to look at the potential for that,
which would probably include some oversight or some color scheme palettes and all in
the development, so that we could make sure that it met the criteria , much as we do for
the rest of the subdivision.
De Weerd: So, as Mr. Bernt had suggested in working with the neighbors, it would work
with your -- your design committee or --
Jones: It would need to if it was going to be part of the master association, yes.
De Weerd: Okay.
Bernt: Madam Mayor, follow up from your question.
De Weerd: Mr. Bernt.
Bernt: Any question -- any concerns in what was proposed to you by Mr. Nye?
Jones: That's not my place to speak to. The board would need to do that. I just wanted
to clarify a couple things, because I know the whole Spurwing and Spurwing Greens and
access and membership get really confusing. That was it.
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De Weerd: And I -- I think that only access if -- is the gate between Spurwing Greens and
Spurwing, is that what I understand?
Jones: You know, if you actually -- in looking at this map with the -- sorry. Let me orient
myself for a moment. So, coming out of this piece -- coming out of Tree Haven Way --
there we go. The access to the club, which actually sits over here , would most likely be
through those common pathways that the master association owns, especially if -- if they
were walking or biking, if they weren't using -- weren't using the public roadways. So,
there is, obviously, some advantage and some disadvantage to adding yet another
development and some complexity to it, but, again, that's not my place to state. The
board would make the decision on that with the input of the homeowners I believe.
De Weerd: Thank you.
Jones: Thank you.
De Weerd: Okay. Again, Mr. Nye, I will allow you the last word if you have anything
further you would like to add. Okay. Council, any other questions? Okay. If there is
nothing further, I would entertain a motion.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we close the public hearing 9-C, H-2018-0091.
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: FOUR AYES. TWO ABSENT.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Generally speaking I'm in -- I'm in agreement with -- I really like this -- this
development, this application. I -- one of the reasons why I like it is because of the
diversity of housing, you know, it's -- I like the fact that -- and in the -- the FLUM actually
calls for this type of diversity in this section of the area and so I enjoy that -- the design.
I have no doubt that Mr. Nye and his team are going to work hand in hand with a potential
partnership with the -- with the Spurwing Greens or whatever HOA. I have no doubt that
Mr. Nye is not going to do what he said in regard to working with neighbors, you know,
regarding -- with design. I know that he will. I have never seen a developer -- a developer
testify in the public record that he is going to and, then, doesn't. So, I have no reason to
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believe Mr. Nye is going to be any different. I'm also -- if you -- I hate to bring up social
media, but anyone that knows me understands that I'm a huge believer in community. I
think this is a really big deal and in -- in my neighborhood where I live I -- I frequently
during summer times and spring times and fall time when -- when my wife and I are on
walks, meet and talk with neighbors from, you know, the Green Hill Subdivision all the
time, they -- they walk in our subdivision, they use our pathways and they are great. I
think that forms a bond with -- within the community and I think that's fantastic. I don't
see why it's a big deal at all that members of your community are, you know, walking on
your roadways or your sidewalks or your pathways in a -- in a legal manner and -- and
not breaking the law and are respectful. I think that that -- that's what creates community
and is -- and I believe that's the Meridian way. That's what -- that's who we are as a
community. We are not -- we are not -- we are inclusive in all that we do and I believe --
I strongly believe that. I think we should be, you know, open to neighbors and being
respectful to neighbors as long as they are respectful to, you know, personal property I
don't see why there is any concern at all about people walking in amongst the
neighborhoods in a respectful manner, getting to know one another. So, I'm -- I'm in --
I'm in -- generally speaking I'm definitely in agreement with this -- this application. I think
it's going to be a great addition to your subdivision .
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I concur. I think meetings like this is why I value the public testimony piece.
When you read this on paper -- I had some real concerns specifically related to the
elevations. I appreciate the applicant coming here and really providing some cont ext.
So, I'm supportive. It sounds like you're doing it, but I really encourage affiliating with the
-- the homeowners association. I think that alleviates a lot of perceived concerns from
people, but I think that Council Member Bernt's point -- this is just another piece of offering
a unique piece of diverse housing in Meridian . I don't think you're going to have any --
any issues getting these things to flow. I think there is a high demand for this type of stuff.
De Weerd: Any other comment?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I move that we approve 9-C, Rockbury Townhomes, H-2018-0091.
Milam: Second.
De Weerd: I have a motion and a second. Any discussion? Hearing none, Mr. Clerk, will
you call roll.
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Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
D. Mayor's Anti-Drug Coalition (Police): Office of Drug Policy
Success Law Enforcement Grant Budget Amendment Not to
Exceed $3,814 (Net Zero)
De Weerd: Okay. 9-D is under our anti-drug coalition and a budget amendment to
present.
Nagy: Madam Mayor, Members of the Council, I am here to request spending authority
for two budget amendments relating to the Meridian Anti-Drug Coalition. That's action
Items D and E. Would you like me to present -- you have all the information corresponding
in the packet for tonight's meeting.
De Weerd: Yes, please.
Nagy: Anybody have any questions? Would you like those to be separate or together?
De Weerd: I will answer you. You can present those separately, but all at the same time
they will have questions, they will also approve it on a separate motion.
Nagy: Okay. Excellent. Thank you. So, the first one is a grant awarded through Idaho
Office of Drug Policy and the Success for Law Enforcement Grant and the request was
granted to have $3,813.68 to complete compliance checks and shoulder taps that the
Meridian Anti-Drug Coalition carries out twice yearly.
De Weerd: Any question on this?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Kendall, I think that the number you shared is different than a number -- the
number that's in front of us.
Nagy: My apologies. I was looking at the letter that was attached.
Cavener: And the letter from ODP says $3,813.68.
Nagy: Correct. And I see that on the budget amendment form it is 3,814.
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Cavener: Madam Mayor. I thought I heard you say 6,000. Maybe I -- I misheard you.
I'm so sorry.
Nagy: Sorry.
Cavener: Okay. Never mind then.
Nagy: Okay.
De Weerd: Any other questions on -- on that?
Nagy: Okay. And the second budget -- or -- oh, are we finished with that one? Sorry.
This is a new process to me.
De Weerd: Mr. Palmer.
Palmer: Madam Mayor. I move we approve the budget amendment in the amount not to
exceed 3,814, which is Item 9-D.
Milam: Second.
Bernt: Second.
De Weerd: We have a motion and several seconds. Any discussion? Mr. Clerk.
Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
E. Mayor's Anti-Drug Coalition (Police): Idaho State Liquor Division
Grant Budget Amendment Not to Exceed $4,700 (Net Zero)
De Weerd: Second budget amendment.
Nagy: Correct. Thank you. The Idaho State Liquor Division grant, not to exceed 4,700,
and that was awarded to complete an additional compliance check and shoulder top
operation, as well as three Red Ribbon Week presentations, speaking to alcohol abuse
and DUI, presented by Natalie Marty. We will do that at the largest high school during
Red Ribbon Week of 2019. Any questions?
De Weerd: Isn't that in a new budget year, though? Isn't that in October?
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Nagy: So, the budget -- the grant amounts were not known during the planning -- budget
planning process and so they will -- the Idaho State Liquor Division grant -- get my notes
here. They will be expenses that will be incurred during fiscal year '19 and so it will be in
October.
De Weerd: Okay. So, the -- the expenses are incurred before the next budget year.
Nagy: Correct.
De Weerd: Thank you. Any other questions or comments? Mr. Palmer.
Palmer: Madam Mayor. I move we approve Item 9-E, the budget amendment in an
amount not to exceed 4,700.
Milam: Second.
De Weerd: Okay. I have a motion and a second to approve Item 9-E. Mr. Clerk, will you
call roll.
Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
De Weerd: Thank you, Kendall.
Nagy: Thank you.
F. Police: Idaho Humane Society Animal Control Contract Budget
Amendment Not to Exceed $9,528
De Weerd: 9-F is also under our Police Department.
Harper: Good evening, Mr. Mayor, Members of the Council.
De Weerd: Good evening.
Harper: I'm here to present in regards to a budget amendment for the Idaho Humane
Society animal contract. The amendment is to not exceed 9,528 dollars to finish out the
fiscal year of '19. And I guess I will stand for some questions, because I have a feeling
there is going to be some questions.
Bernt: Madam Mayor?
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De Weerd: Mr. Bernt.
Bernt: What necessitated the -- the -- the amendment -- a more -- a more detailed
explanation of what was on the form.
Harper: So, from understanding this through speaking with the chief, they have a formula
that's based off of the population in the city, as well as our calls for service. It's come from
-- from that -- those meetings -- they have been meeting -- it's been ongoing. We take up
21 percent of the calls for service for the Idaho Humane Society. So, with the formula
that they punch the numbers in, we realize that from the contract that we have we had
underpaid up and to this point to get us through fiscal year '19.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I'm not mistaken, too, based on the presentation we had from the Humane
Society is at least some of these funds are going towards their capital campaign for their
new facility.
De Weerd: No. This -- I would like the chief to come back and -- and do a presentation
on this. I thought maybe he was going to be here this evening. The chief and our Finance
Department, as well myself, has been part of conversations with the county and the six
cities on the animal control facility and how best to move forward. In their cost engineering
for the facility that they are currently constructing, they removed the space for the -- the
public piece and so they are looking at staying in the Boise facility that they have been
kind of band-aiding and now they are coming back to all the partners saying there is going
to be a capital expense for that to bring it up to code and to current standards and that is
the conversation that is being discussed right now in terms of how best to move forward.
So, there is no firm direction yet at this time. It's still under conversation, but the formula
that Lieutenant Harper mentioned was also developed through this process and in
response to a lot of very good questions by the cities on how they came to their -- their
cost models and that is why our finance departments also were involved to -- to truth the
numbers and to have more verification behind what their formula actually was. So , this
is the cost difference between what was in the budget and what the cost model did turn
out to be that they have taken to each of the cities in -- and their budget amendments as
well. So, the next part of this discussion is going to be -- this is addressing a short term
and the more difficult conversation will be further down the road in terms of what is the
long term and what those costs are right -- in moving forward. And so Finance is -- is
really crunching the numbers on what Idaho Humane Society is giving us , as well as what
it would look like if we had to do it ourselves and we just kind of discuss maybe crunching
numbers on a third item and that would be the -- the cities and the counties having a
conversation and if we all partner together with how IHS -- what that would look like. So,
there is three different things that most likely will come back for a discussion with Council
when we have some figures to really discuss.
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Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: That is great information to share. Thank you for passing that along. And I
guess I might suggest a fourth option. We have a citizen volunteer ran humane society
that exists in Meridian that was essentially formed when the city dissolved this service.
They are currently in the process of adopting dogs out and I think should be included in
the conversation for -- for Meridian. Maybe that doesn't meet the needs of everybody
else, but I think that we need to look at what's going to be best for our citizens first a nd
perhaps there may be some cost efficiencies in that. There is an organization that's
already doing this great work and may be able to do it at a lower cost th an what we are
already paying the Humane Society.
De Weerd: And -- and that will be part of that local model, as I understand it. However,
their facilities would not be something that could accommodate . So, the facility piece
would still be a big issue.
Cavener: Madam Mayor, then, I guess -- so, no -- Lieutenant Harper did a great job.
Lieutenant Harper did a great job of truthing some numbers. The total amount that we
will be paying the Humane Society this year with the budget amendment is how much ?
Harper: With the amendment would be three -- 300,000 -- no, 300,000 nine -- or 390,660
prior to -- I believe that's prior to the amendment. So, almost 400,000.
Cavener: And, Madam Mayor, I guess to my point is if we have got an organization that's
already doing some of this work without receiving dollars, imagine what they could be
doing with 200 or 300 or even 400 thousand dollars and -- and I will just share I'm not
supportive of this amendment. I think it's important that maybe we have the chief come
back. I have heard from many constituents the frustrations that they have h ad in dealing
with IHS and I'm concerned about the ongoing financial creep of this organization with out
our citizens receiving better service. So, I don't think it's -- until we say no that maybe we
are going to get a better response. So, I won't be supporting this amendment. I would
encourage the rest of the Council to say no as well.
Harper: Madam Mayor, can I make a couple more comments ? When I came here we
had our own animal control that we worked very closely with. Just knowing from some
general conversations -- there has been quite a bit of work done on trying to come up with
a cost analysis of what it would cost us to take back the animal control services and I
know that that number is -- is rather large. I can't give you an exact amount, but I know it
is -- it is a very large number outside of capital expenses, because we don't have the
facilities to -- to do this or the employees or anything like that. So, it is challenging. But I
do remember when we had it. I have -- I have worked with IHS over time and from my
end have not received complaints in regards to their performance or anything like that
because usually that stuff ends up on my desk at some point. So , I have seen it both
ways and I understand the decision you -- you guys have to make tonight, but it is
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something that is important in our community, because we do know the number of calls
that we -- we -- not us -- that IHS receives in regards to animal-related matters. Thank
you.
De Weerd: And I think some of those comments were brought out in the initial discussions
that the elected officials were part of and have been further discussed in terms of what
kind of an oversight committee or Council should be had with that to bring better
accountability and transparency, because I can tell you I was very shocked and maybe
disappointed with the lack thereof in terms of how they came to their -- their numbers and
-- and, fortunately, we had Jenny and -- and the chief sitting there and -- and, then, Brad
participated as well to start delving into the financial ends of it and asking some key
questions. So, those will be conversations further ahead, but we can certainly delay this
-- this action tonight for the workshop next week and have the chief here to maybe provide
further discussions and -- and what all they are doing in their cost analysis in -- in bringing
options back to this Council. So, we will pull this and continue it to next week.
Harper: Thank you, Madam Mayor. Thank you, Council.
Item 10: Ordinances [Action Item]
A. Ordinance No. 19-1801: An Ordinance (H-2018-0085 – Verado
West) For Annexation Of A Parcel Of Land Located In Lot 4 Of
Section 5, Township 3 North, Range 1 East, Boise Meridian,
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 19.44 Acres Of Land From RUT To R-
15 (Medium High Density Residential) Zoning District In The
Meridian City Code; Providing That Copies Of This Ordinance
Shall Be Filed With The Ada County Assessor, The Ada County
Recorder, And The Idaho State Tax Commission, As Required
By Law; And Providing For A Summary Of The Ordinance; And
Providing For A Waiver Of The Reading Rules; And Providing
An Effective Date
De Weerd: Thank you. Okay. Item 10-A is Ordinance 19-1801. I will ask our city clerk
to, please, read this by title only.
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1801. An
Ordinance File H-2018-0085, Verado West, for annexation of a parcel of land located in
Lot 4 of Section 5, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho,
as described in Attachment A and annexing certain lands and territories 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 19.44 acres of land from RUT to R-15, Medium High Density Residential
Zoning District, in the Meridian City Code; providing that copies of this ordinance shall be
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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: Okay. Council, is there anything further on this or do I have a motion?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move we approve Ordinance No. 19-1801 with suspension of rules.
Bernt: Second.
De Weerd: I have a motion and a second to approve Item 10-A. Mr. Clerk, will you call
roll.
Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 11 : Future Meeting Topics
De Weerd: Council, anything under Item A -- A. Eleven. I would like to remind you that
those that knew Mayor -- Mayor Corrie, his memorial service is Friday, the 4th, at 10:30
at the Meridian Methodist Church and we will be having our conference room dedication
next week on the 8th at 2:30 before our workshop. Okay.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Two items for future meeting topics. Number one is the government
accountability officer. I think it's been almost four years since we started talking about
this position and I'm hoping that we can work over the next few weeks and months to get
some resolution on that. So, whether that's a topic at our workshop meeting, more future
meeting, to me it seems that the time is right. One other item, Madam Mayor, is the
legislature begins next week. We have had some ongoing conversations about testifying
and representing the city in legislative and policy endeavors. Perhaps it would be prudent
for us to have a conversation at the workshop meeting about what that policy or process
looks like that we as Council will all be informed.
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De Weerd: We -- we did have an initial discussion on that -- that for city positions it would
come to Council. You have heard comments about the PTSD legislation, but we haven't
seen legislation, so we haven't asked for any official statement and the community
development brought to you the electrical -- or electricians and -- and at this point that's
the only one that's really -- will be brought to the legislature with support from the City of
Meridian. So, as those pieces that want that official city support, that will come in front of
Council as those pieces of legislation come forward.
Cavener: Madam Mayor. Thank you. That's -- that's very insightful and great information
to share. A couple clarifications. One, is the city hiring any lobbyists to represent us?
Are they representing us on the community development piece? And I guess part two of
that question is do we still have a legislative subcommittee that's meeting.
De Weerd: We do not have a legislative subcommittee, but we do have our ongoing
contract with Sullivan --
Cavener: Reberger.
De Weerd: -- Reberger through our Public Works and we will be talking through that
contract with Public Works if they can represent the electrical -- or electricians contractor
legislation.
Cavener: Great. Thank you.
De Weerd: And work with AIC.
Cavener: Madam Mayor. Unless there is any objection, I don't think that we need to
schedule anything further on that. I think that's the same update that you would provide
us next week.
De Weerd: Okay. And, then, I would ask on the -- I heard on the accountability officer
from Mr. Palmer and Mr. Cavener or if I could meet one on one with each of you to further
discuss -- Councilman Borton did ask me if I would sit down to -- to get more detail and
so if I could have Morgan reach out to both of you to get that scheduled. Okay. Okay.
I'm sorry. I am -- have not felt good all evening. So , if we are done, I would entertain a
motion to adjourn.
Milam: So moved.
Cavener: Second.
De Weerd: All those in favor say aye. All aye. Thank you.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
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MEETING ADJOURNED AT 8:35 P.M.
(AUDIOBECfIRNa ON FILE OF THESE PROCEEDINGS)
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