HomeMy WebLinkAbout2019-10-01 Regular Meeting MinutesMeridian City Council October 1, 2019.
A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October
1, 2019, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty
Palmer, Anne Little Roberts and Treg Bernt.
Also Present: Chris Jonson, Bill Nary, Caleb Hood, Kyle Radek, Mark Ford, Mark
Niemeyer and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Treg Bernt
__X___Genesis Milam __X___Lucas Cavener
__X__ Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call this City Council meeting to order. For the
record it is Tuesday, October 1st. October 1st. It's the beginning of fall. For me anyway.
October. It's 6:00 o'clock. 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 2a: Invocation by Justin Jordan of Real Life Ministries
De Weerd: Our next item is the invocation. Tonight we will be led by Pastor Justin Jordan
with Real Life Church. If you will all join us in the community invocation or take this as an
opportunity for a moment of reflection. Thank you for joining us.
Jordan: Thanks for having me. Let's pray. Heavenly Father, we come before you and
want to say first thank you for the City Council, for their leadership, their dedication to the
city. Thank you for the time that they commit, the long hours and the hard decisions that
they have to make. Pray, Lord, you give them wisdom and direction as they make
decisions on what's best for our city. We pray you give them unity amongst themselves
relationally. We pray, Lord, you continue to grow them in humility and service as they
continue to lead and serve our community. We pray for the City of Meridian. As you
continue to bless us and provide an amazing city for us to live in , God, we pray that you
would continue to have your hand upon us and we thank you for Jesus, for showing us
what it looks like to lead and serve. We pray this all in your son's name. Amen.
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Item 3: Adoption of Agenda
De Weerd: Thank you. Next item is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: There are no changes, so I move we adopt the agenda as published.
Cavener: Second.
De Weerd: I have a motion and a second to adopt the agenda. All those in favor say
aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 4: Announcements
De Weerd: Item 4 under announcements. We just have a couple . Main Street Market.
Last Saturday is this week -- weekend. Concerts on Broadway also last performance of
the summer -- or of the season, Saturday from 2:30 to 5:00 o'clock in City Hall Plaza.
Kevin Kirk and Onomatopoeia is the band that is playing. They will be doing a special
performance as well, so, please, join them. This will be a really nice Saturday afternoon.
Any other announcements under this item?
Item 5: Proclamation
A. Fire Prevention Month
De Weerd: Okay. Item 5 I have a couple of proclamations. I will go down to the podium
and ask our fire chief to join me and -- oh. And, look, we have a special guest. Wish I
had that energy. Sparky, thanks for joining us. Always nice to have special guests at our
City Council meeting. Well, we are here to celebrate a month of activities from the Fire
Department and next -- next week we will have the Police Department as they celebrate
the other half of our public safety services. So, whereas the City of Meridian is committed
to ensuring the safety and security of all those living in and visiting our city and whereas
fire is a serious public safety concern, both nationally and locally, and being the location
where people are at greatest risk from fire -- risk from fire and whereas Meridian's first
responders are dedicated to reduce the occurrence of home fires and related injuries
through prevention education and whereas Meridian's residents are responsive to public
education measures and are able to take personal steps to increase their safety from fire
and whereas the 2019 Fire Prevention Month theme: Not every hero wears a cape. Plan
and practice your escape. Effectively serves to remind us all of the simple actions we
can take to stay safe from fire and, therefore, I, Mayor Tammy de Weerd, do here hereby
proclaim the month of October 2019 as Fire Prevention Month in the City of Meridian and
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call upon the community to heed the important safety message of using all our senses to
protect our citizens from fire and I am certainly honored to turn this proclamation over to
Pam Orr, our prevention manager, that does amazing things in our community to work to
prevent and keep our community safe. Pam.
Orr: Thank you, Mayor Tammy. And I don't want to cry, but this is like our last
proclamation together and I just want to say thank you. Thank you. I have been a
member of the fire service for 35 years over that and have had an opportunity to do many
many proclamations, but I have never had a leader who has supported fire prevention
like you have and so I want to thank you for that. The same with the Council Members,
you have just been amazing, and it has allowed us to be able to do our job in a way with
just great compassion and passion and -- and thank you. Thank you for that. This year
we are celebrating another year of Fire Prevention Month and we will be going out into
the schools, we will have an open house with the Police Department on the 19th of
October. What we are doing this year is instilling into families that they can be their own
hero, because not every hero wears a cape. If they plan and they practice a home escape
plan they can better their chances of being able to get out in case they have a fire. If they
test and -- and -- test and clean and change the batteries in their smoke alarms they will
have a better chance of ensuring their safety should they have a fire. Folks, fire -- it
doesn't discriminate. It happens to everyone no matter what your social economic place
is or it just doesn't discriminate. So, every single one of us sitting in this room may
experience fire some time in our life or may know somebody who experiences a fire. The
one thing that we can do is ensure that we are prepared should that emergency happen
to us and ensure that we do not lose life and so that's always been our theme and that's
always been our passion and something that we really want to drive home to the City of
Meridian and I just thank you again for giving us the opportunity to do that. Thank you.
Niemeyer: So, Madam Mayor, Members of Council, if you will indulge me for just one
more second. Sparky has been our Meridian Fire Department mascot for a very long time
and like all of us he got a little bit older, a bit creaky in the bones, got a little bit dirty in his
coat. Well, we cleaned him up, washed him and revive Sparky. So, we have reborn
Sparky. So, on our Facebook page -- please go to it and I'm going to call out a couple
city councilmen on this one. Councilman Borton. Councilman Bernt. Council Woman
Milam. There was a little dance challenge going on not too long. Here is the challenge.
You got to watch the video on our Facebook page. We challenge you to outdo Sparky ,
because Sparky's got some moves that will make all of you aware he is now youthful
again. Or she. We don't know. So, we challenge you -- please follow us this month.
Pam and her staff do a great job. We are going to be doing a lot of stuff in the community.
Thank you.
De Weerd: Okay. Our Council is being called out. Has the challenge been accepted?
Okay. Well, life will get more interesting with that challenge, uh?
B. Cyber Security Month
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De Weerd: Okay. Item 5-B is Cyber Security Month proclamation and I will ask our -- our
CIO to come on up and join me up here. Pam Orr is very passionate about prevention
programs, because she knows how it works and that it does work and it prevents great
cost to our citizens. Same with this proclamation. Cyber security may seem obscure and
maybe a lot of unknowns to it, but it has tremendous cost and I'm -- I'm thrilled to say the
City of Meridian takes that risk very serious and Dave Tiede is very passionate about this
topic as well, which you will hear in just a few minutes. So, whereas the City of Meridian
recognizes it has a vital role in identifying, protecting its citizens from and responding to
cyber security threats that may have significant impact in our country and whereas cyber
security education and awareness is critical and crucial for everyone, including large
corporations, small businesses, financial institutions, schools, government agencies and
the home user and anyone who connects to the internet and whereas you can protect
yourself by monitoring your accounts, being conscientious of what you share online,
keeping commute -- computer software up to date, creating unique passwords -- those
are always fun -- and changing them regularly. Installing anti-virus programs and firewalls
and using mobile -- mobile devices safely and whereas the stop, think, connect campaign
serves as a National Cyber Security public awareness campaign , implemented through
a coalition working together to increase the public's understanding of cyber threats and
empowering Americans to be safe and secure online and whereas maintaining the
security of cyberspace is a shared responsibility in which each of us has a critical role to
play and awareness of computer security essentials will improve the security of the City
of Meridian's information, infrastructure and economy. Therefore, I'm, Mayor Tammy de
Weerd, do hereby proclaim the month of October 19 th as Cyber Security Awareness
Month in the City of Meridian and call upon the community to join me in recognizing how
serious cyber security is and the steps each of us can take to protect ourselves and our
community and I have the privilege to give this to our CIO Dave Tiede, but I do want you
to know -- and the citizens in the City Council chambers -- our -- our IT Department goes
to extraordinary lengths to continue to educate and -- and impress our -- our city citizens
and our employees of what this threat is. We have seen other city and county
governments that have breached that security platform and has put at risk some of the
information that is out there. So, by our IT doing extraordinary things in helping each of
us understand the importance has gone a long way. So , I'm going to turn this over to
Dave Tiede and -- and first thank you, Dave, for what you and your team does.
Tiede: Thank you, Madam Mayor. I just will say a couple words here. National Cyber
Security Awareness Month is an effort that happens nationwide and it is an opportunity
to create awareness about how we can be more proactive about s taying -- staying safe
online. This year's theme is Own It, Security It and Protect It and it's about staying secure
online. It's about managing your social media and knowing what your data privacy
settings are, knowing what is safe to share and what's not safe to share. It's about
managing your mobile devices properly. It's about good practices for passwords . The
Mayor mentioned in our proclamation having unique passwords and changing them
regularly. That is a key component. And, then, it's also about how to just keep your
information secure online and what to share, what not to share. You can go online and
learn a lot more. The Department of Homeland Security has more information on their
site and the City of Meridian will be posting social media posts throughout the month
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about tips and tricks that you can do to learn more and be more safe online. So , thank
you.
De Weerd: And I will tell you that IT has done such a good job that some of our city staff
did not open your video during Kindness Day. They thought it might be a ruse to get --
for you guys to get them to open up something they should n't. We have assured them
that it was not spam.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Before we move on I just -- I wanted to thank Pam and Dave. You may
remember, you know, this Council knows, doing these types of proclamations, this is not
part of their job, it's not their job description to do proclamations and the work and time
that goes into it. You both do it because you care about , you know, being an active
member of our community and really educating the public and I will say at least for Pam's
benefit, your presentations have impacted the Cavener's household. When I saw that
you were on the agenda, the Cavener family -- we took out all our batteries in our smoke
alarms this weekend, in part because there was -- to Pam's point, there was a beautiful
home in our neighborhood that caught fire this winter and it has been a topic about fire
safety in our household as a result. You hate that it takes something like that to have
those types of conversations, but we do in our house and when I saw you on the agenda
it was like, okay, Cavener boys, we are going to talk about this. So, keep up the good
work. Appreciate you both taking time away from your family to be here tonight to share
the proclamation with our community.
De Weerd: Yes. Amen. And Sparky was re-energized for sure. That was a lot of energy
in that -- that little Sparky --
Bernt: Madam Mayor?
De Weerd: -- outfit.
Bernt: I think that was -- I think that was a perfect form of intimidation.
Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Is that -- well, good. The intent was noticed, then, Pam. Game on. Okay.
Let's move on. Mr. Clerk, any sign-ups under Item No. 6?
Johnson: Madam Mayor, there were no sign-ups for this item.
Item 7: Department / Commission Reports
A. Mayor's Youth Advisory Council Update
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De Weerd: Thank you. Item 7-A is the first report of the school year from the Mayor's
Youth Advisory Council. We have Abbey Hutchins here. I think that you have all had the
opportunity to meet Abbey, but welcome Abbey.
Hutchins: Thank you, Madam Mayor and City Council. My name is Abbey Hutchins and
I am the vice-chair for the Mayor's Youth Advisory Council. So, for our first event this
year it was the MYAC kickoff, which we held on August 26th, the first day of everyone's
high school, and what we did is we introduced MYAC and what we are going to do for the
year and we gave our general council three options for subcommittees. We have
government affairs, community service, and teen activities committee and we do different
activities that I will be sharing throughout the year with you guys on those, but we gave
our council an option to choose from the three of those and we got to talk to the parents
and explain what our council is going to be doing for the year. And , then, our first event
was the Treasure Valley Youth Safety Summit. That was held -- I believe not last Friday,
but the Friday before and what we did is -- it was a safety summit, so we went to Wahooz
for the day. It was leaders from different high schools and we did different activities, such
as we went on go karts with texting and driving to show the repercussions and effects of
texting and driving and we also used the Police Department's drunk goggles while we
were golfing, so we could show the effects that alcohol has on your mental status. We
did a lot of those activities and we had some various presenters. And, then, we did Dutch
Bros CPR Day. That was with the American Heart Association and for Dutch Bros CPR
Day we went to the various Dutch Bros throughout Meridian and we approached each car
and asked them if they would like to learn hands only CPR, because 30 seconds can
save a life. We could teach hands only CPR in 30 seconds and so that's how we
advertised it and we doubled our number that we got from last year. I believe it was
around 400. Don't quote me on that. Okay. Yeah. So, we did that. And, then, our last
event was the Farmstead. So, our general council got with our executive council and we
all got to bond and learn stuff about each other and get closer for -- and prepared for this
next MYAC year. Are there any questions?
De Weerd: Council, any question?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Abbey, welcome. Thanks for being here. I don't want to put you on the spot ,
but would you be able to teach the Council hands only CPR if it only takes 30 seconds?
If the Mayor would allow us to indulge? I didn't mean to put you on the spot.
Hutchins: Yes. I can -- I go to the medical high school. I know how to do CPR. I can --
I can totally do that. We could also do that the next time, because I don't have a dummy
with -- or, sorry, it's not a dummy, it's a mannequin. Sorry.
De Weerd: Okay.
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(Hands only CPR demonstrated.)
De Weerd: Good job, Abbey. And just in case you don't see a little resemblance -- Ben,
who has given our reports in the past, is Abbey's brother and so there is the connection
and also Abbey is our youth commissioner on our Parks Commission. So, Abbey, thank
you so much for being here and certainly if you will take back our compliments to MYAC
and -- they are off to a fast and aggressive start and we are -- we look forward to future
updates.
Hutchins: Thank you, Madam Mayor and City Council. I look forward to the future
updates as well.
De Weerd: Thank you.
Cavener: Madam Mayor?
Cavener: Mr. Cavener.
Cavener: I normally -- Abbey, for next time I normally like to ask how many members are
involved, but I got a sneak peek. Jodi came and spoke to the Meridian Kiwanis Club a
couple weeks ago and she informed us that the Meridian MYAC is the largest youth
council in the nation, which I think is really remarkable. And not only just because of the
numbers, but because of their impact in our community and I just think that's -- that's
something to be really really proud of. So, keep up the good work. Look forward to seeing
you again.
Bernt: One last thing. Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: My -- my daughter is a ninth grader at East Junior High and she wanted to get
involved with MYAC in Boise, so I went online and I -- and I Googled MYAC Boise and it
didn't even pop up. You know what popped up? Meridian MYAC. Pages and pages and
pages and pages of information on Meridian MYAC. It took some digging to find out how
I got in touch with Boise MYAC representatives. One click and I was able to find out --
two seconds -- about Meridian MYAC. So, it's a huge testament about this organization
and how big it's grown and how many youngsters are involved and how many lives it
touches. So, good job. Fantastic. The best. Best -- the best in the Treasure Valley, if
not the state -- if not --
De Weerd: The nation.
Bernt: -- the nation. Good job.
De Weerd: Yeah. I would say nation.
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Bernt: Well done.
De Weerd: I'm kind of biased, though. Thank you, Abbey. And you don't have to stay.
Item 8: Action Items
A. Final Plat for Cherry Blossom (H-2019-0064) by Doug Jayo, Jayo
Land Development Company, LLC, located at 615 W. Cherry Ln.
De Weerd: Okay. Item 8-A under Action Items. We have a final plat for H-2019-0064. I
will turn this over to Caleb.
Hood: Thank you, Madam Mayor, Members of the Council. I am presenting a final plat
for Cherry Blossom Subdivision. The final plat consists of 44 building lots, 11 common
lots and one other lot on 9.1 acres of land. It's located on the south side of Cherry at 615
West Cherry Lane. So, that's just on the west side of Crestmont -- just west of Crestmont
Drive. The request is -- again is for a final plat project. This application has been
continued multiple times to address some of staff's concerns with some irrigation facilities
that run along the south and southwest boundaries of the site . I'm just going to read what
Sonya put together for this. To mitigate these concerns and ensure downstream users
have access to the irrigation water, staff requested that the applicant provide a cross-
section to determine how these facilities affect the buildable lots of the development and
the adjacent property owners to the south and southwest, as illustrated in the cross-
section portion of the ditch, so, the smaller portion. There is two actually that parallel
each other there. Will be piped in accordance with the UDC and will be contained within
the ten foot wide public utility drainage easement created with the plat. However, there
is a larger facility that parallels the other ditch that is currently open and being used to
provide irrigation water to the adjacent property owners to the south. A portion of this
ditch does encroach on the applicant's property and is required to be tiled, unless waived
by Council per city code. The applicant is requesting a waiver of this requirement and
proposing a five foot wide common lot along the southwest portion of the site to preserve
a corridor for maintenance of the ditch and to minimize disruption to the adjacent property
owner's irrigation systems. That is largely why this item is being on your agenda and not
just on the Consent Agenda. The applicant has agreed to the conditions of approval, but
it does require Council actions for -- to leave a portion of that irrigation facility open. To
minimize public safety concerns, the applicant is proposing to install a six foot tall wrought
iron fence along the interior edge of the common lot. If Council approves the waiver, the
project has been conditioned to comply with cross -sections as depicted in Exhibit E and
this will serve as Council's approval of the waiver. Staff did receive written testimony from
Deborah Nicholson, an adjacent property owner, and Jon Breckon, the applicant's
representative, who is here in agreement with the staff report as I mentioned. Staff is
recommending approval of the subject final plat per the conditions in the staff report, with
one additional request or condition. So, to include a note on the plat stating -- and I quote:
That Lot 2, Block 2, is subject to a blanket user irrigation easement to benefit the adjacent
landowners and, as I mentioned, the applicant's representative Mr. Breckon is here. That
is staff's report and I will stand for any questions you may have.
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De Weerd: Thank you, Caleb. Good job. It sounds like you have been doing this for
years. Council, any questions? Okay. Would the applicant's representative -- thank you.
Good evening. If you will, please, state your name and address for the record.
Breckon: Jon Breckon. Breckon Land Design. 6661 Glenwood Street, Garden City. So,
I guess to bring Council up to speed, we -- if you remember back when we came through
for a preliminary plat we -- we did a lot of extra work to work with the adjacent property
owners, because this is an in-fill project and it has been a field for about 45, 50 years and
so during that preliminary plat process we end up having an extra neighborhood meeting,
so that we could present options to the neighbors and find out, you know, what the
preference was and -- and try to make this work with the -- everybody that lives adjacent
to it. One of the things that come up during that process were the irrigation ditches and
this property is a little abnormal -- well, for a variety of reasons, but for -- because of the
ditches in particular, they are all user ditches and so what that means is that, you know,
ordinarily the -- the irrigation district has -- will tell us what is required for easements and
piping and that sort of thing and -- but these facilities are all downstream of the head gate
and as such they are deemed user ditches and so that means those are the owner's
responsibility and that's the situation here and what I'm showing here is -- is, really, the
main area of concern or the reason I'm here tonight presenting is because there is,
essentially, two ditches existing on that -- on that south property line and they -- one of
them is -- follows -- well, it's just to this -- if you go from east to west -- so, starting at the
bottom right-hand corner of the screen there is -- there is that ditch and it's -- it lies
completely on the -- on the neighbor's property to the south and, then, as you make the
bend and -- and follow to the west up towards 7th Street it -- again, it -- it predominantly
is on the neighbor's property and one of the things that had come up during preliminary
plat and during our neighborhood meetings was that all these folks that live there -- they
have been there for quite a long time and they wanted to make sure that that ditch was
going to remain as it is, because they all have their own pump stations and they are pulling
right out of that ditch and they just -- they want things to remain the way they are and I
wanted to show this aerial photo, because it also depicts, you know, everybody's
backyard there and, you know, everybody has a fence and existing improvements. One
gentleman has piped a portion of that ditch and has access to -- you know, I think he had
a gate and could go for walks into the field and that sort of thing. Anyway, there is -- there
is a lot of pre-existing conditions there, as well as the power feed, there is a power line
with some power poles right along that property line . Of course, this is all on the
neighbor's property to the south. So, that's kind of the existing condition there. And, then,
on the north of that there is a smaller ditch that has been historically used to irrigate the
fields and it also provides some water to the folks on 7th Street and that smaller ditch we
are going to pipe, so that we can continue to provide them their water and, then, there is
a couple of sections that we put together that kind of shows existing and proposed . It's
just a graphic of that -- that same property line there and so the one on the -- on the left-
hand side is the folks on the west and you can see where the property line -- existing
property line is, it's -- and most of the ditches to the south on their property -- a little bit of
it crosses over and then -- so, what you can see here as well -- and, then, there is the 12
inch user gravity irrigation. So, that's the piping of that northerly ditch. And, then, what
we are proposing is to provide a five foot common lot, so that that ditch can remain where
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it is and not be changed and it will also allow access to -- so, that they can maintain in the
future and -- and that's where there is that second property line, it's five feet off of the
existing property line, that's where the folks' back fence would be, a wrought iron fence.
In addition to that, from the fence there is another ten feet, which would be a utility
easement for the new pressurized irrigation this gravity pipe and , you know, the -- the
usual stuff like cable and whatever standard utilities might need to go through there. The
-- the section on the -- on the right hand of the sheet is the folks further to the east and
you can see that ditch is entirely on the neighbor's property to the south and there would
not be that -- that need for a common lot. So, that one -- I mean that's on their property
anyway, so there is really not a whole lot we could do with that portion of it. Anyway, I
think that's -- I just wanted to explain that a little bit better, what's -- what's going on there
and -- and what's -- what we are asking for.
De Weerd: Council, any questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I thought it was -- in reviewing this I thought it was odd that we would ever have
the authority to require in this context to tile a ditch, when it's only part of the project. I
don't know how that would -- that the property line bisects the ditch itself, we are being
asked to waive that requirement. It seems odd that we couldn't require it in the first place.
Breckon: I'm sorry, Councilman Borton, I didn't quite understand your question.
Borton: On the -- on the left-hand side --
Breckon: Yes.
Borton: -- isn't the property line -- it bisects the ditch?
Breckon: Yes.
Borton: That's the ditch that we are being asked to waive a requirement to tile?
Breckon: Correct.
Borton: And it just seemed odd that we could require you to tile it in the first place.
Breckon: Well --
Borton: Because it's not your property.
Breckon: I felt the same way, but it's -- if you read through the city code it is -- you're
supposed to -- I mean, essentially, you're supposed to tile all the ditches, but, you know,
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this one with -- the way it is on the property line and -- you know, I mean it's just -- it's one
of those pre-existing conditions on an in-fill project that, you know, what's the best way to
work with this and -- and not, you know, affect the -- the folks to the south and, you know,
make this work for everybody.
Borton: And Madam Mayor? And, then, so the -- the common lot that's associated with
this HOA facilitate some maintenance cooperation of the ditch with the property owners
in the south or southwest?
Breckon: Correct. That -- that common lot -- essentially, what that ensures is it allows
access to the ditch. It also ensures that someone will take care of that five feet, you know,
so that it's not just a dead zone. You know, that -- that onus would be on the HOA to --
to maintain that five feet. Yeah. I mean this -- we kind of -- well, as you know this has
been kind of going on for a while, so we went back and forth with staff trying to come up
with a good solution and had many meetings and -- trying to come up with different --
different options and this was where -- where we landed.
Borton: Thanks.
De Weerd: Okay. Any other questions? Thank you so much.
Breckon: Thank you.
Borton: Madam Mayor? Sorry. One question I didn't -- did you have any objection to the
additional condition that staff had referenced?
Breckon: Oh. No, not at all. Yeah. We are on board with everything else.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I don't imagine anyone has any questions. I move we approve H-2019-0064,
waving the requirement to tile the canal where it's proposed to be left open and including
an additional condition that includes a note on the plat stating Lot 2, Block 2, is subject to
a blanket user irrigation easement to benefit the adjacent landowners.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 8-A. Any discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: Jon, appreciate your patience on this. I know it's taken a lot of weeks and a lot
of continuances and, hopefully, we didn't jam you up too bad. Appreciate your -- your
willingness to work on -- but you knew at the time it was a real challenging in-fill project
in a unique part of town and I'm looking forward to seeing this move forward.
De Weerd: Anything further?
Cavener: No.
De Weerd: Okay. Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Our next Item 8-B is a public hearing. This starts our public hearing process.
We began -- I will just tell you a little bit how that -- that process is for those that are here
for the first time. Staff will introduce the application and provid e staff's report as to what
their findings are. Then we will ask the applicant if they have any remarks. They have
up to 15 minutes to present their application. At that time we will open the public hearing
for public comment. Public comment you have three minutes each and there is a timer
on the podium on the monitor, so you can see how much time is left over. W hen the three
minutes is up I will ask you to summarize. At that point the applicant will come forward
and answer any questions that might have come up during the process and have closing
remarks. The Council will, then, have an opportunity to ask questions to staff , applicant,
or any of those that testified. I will remind you that we do have a public record that is
available on our website. Council has had an opportunity to look at all the documents ,
agency comments, minutes and staff comments and reports on -- to consider as part of
their decision.
B. Public Hearing for Adera (H-2019-0092) by Chad Olsen,
Located at 1680 W. Ustick Rd.
1. Request: Modification to Development Agreement to
replace the existing Development Agreement (Inst.
#110031366, JJA Land) to include a new conceptual
development plan for a mix of uses consisting of multi-
family residential, a self-service storage facility, office and
retail uses.
De Weerd: So, with that I will open the public hearing on Item 7-B, for H-2019-0092, with
staff comments.
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Hood: Thank you, Madam Mayor, Members of the Council. This is for the Adera project.
It is a development agreement modification. It 's proposed on 4.61 acres of land zoned
C-C, Community Business District. It's located on the northwest corner of Linder and
Ustick. So, right on the corner there of Linder and Ustick. The property was annexed in
2009 with a requirement for a development agreement. The existing development
agreement approved back in 2009 does not include specific details for how the site was
to be developed in the future and requires those details to be provided when the property
is subdivided. The applicant now proposes, again, to modify that development agreement
to replace most of the original provisions that control the sequence of development
consistent with the proposed concept plan, which you see before you on the screen. So,
you got the concept plan on the left and, then, the landscape plan on the right. On those
plans is a mix of -- a mix of uses consisting of self storage facilities, office, retail and a
small portion for multi-family up in the northwest corner with -- with eight units on that
multi-family future lot. The multi-family residential development and storage facility do
require conditional use permit approval. The retail and office uses are principally
permitted in the existing C-C zoning district. I will also note that the applicant has
submitted the CUP for the self storage facility, which is scheduled for the October 24th
Planning and Zoning Commission hearing. Conceptual building elevations were also
submitted to demonstrate the quality of design and to ensure a cohesive design theme in
the future buildings in the development. I want to go back to the site plan. Access to the
development is proposed via a shared driveway -- full access driveway from North Linder
Road and a secondary emergency access to West Ustick and here is your secondary
access. The main entrance into the site off of Linder. The concept plan also depicts the
extension of an existing public street stub in the northwest corner of Crosswind Street.
They are proposing some pedestrian connections from the adjacent sidewalks , but no
vehicular connection aside from the ones that I point ed out and emergency access only.
There is a central gathering space and -- and, again, pedestrian connections to integrate
the development. With development of the site staff recommends development
agreement provisions that require the inclusion of a central open space and seating area
and that the -- and that the applicant submit a preliminary plat application concurrently
with the CUP for the multi-family residential development to facilitate the dedication and
construction of West Crosswind Street. The only way by our code to dedicate and
construct this public street is via plat, because it is a new roadway construction or to,
essentially, create two lots, because you would have one on this side and one on that
side. So, to do that you do at least a two lot subdivision. And there were 20 -- at the time
of printing -- last time staff checked anyways, there were 27 letters of public testimony
that have been received on this project. As the Mayor pointed out in her opening
statements, those are all included in the public record for this project. Staff is
recommending approval of the project per the staff report written. I will just want to clarify
a little bit. In the staff report it mentions a couple of times a new development agreement.
The verbal testimony that I just gave we are going to modify the existing development
agreement and, essentially, take -- take some of those guts out and put some of the
provisions that you have in the staff report in -- in the existing development agreement
modifying that, rather than establishing a new one. So, with that, Madam Mayor, I would
stand for any questions.
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De Weerd: Thank you, Caleb. Council, any questions at this time?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: A couple questions for you, Caleb. What -- what's the benefit of modifying as
opposed to just doing a new one?
Hood: In this case -- Madam Mayor, Councilman Cavener, there is not a rezone proposed
or an annexation, that's really -- in state code the ability that we have to enter into a
development agreement. So, we are using the existing development agreement and
modify that. That's the right vehicle when you have a -- again, a rezoning, an up zone
proposed or annexation, that's really when it would trigger a new development agreement.
Cavener: Madam Mayor, an additional question.
De Weerd: Uh-huh.
Cavener: Caleb, if the -- if P&Z approves the CUP on the 24th when would, then, that be
before us?
Hood: Madam Mayor, Councilman Cavener, that wouldn't. The subdivision, though,
would come back before you, which, again, we are recommending that they submit a
concurrent -- essentially follow that up with a subdivision, so you would see a subdivision
sometime in the future. That hasn't been submitted, so I can't give you a date, but you
would see the subdivision at some point in time.
Cavener: Thank you. Appreciate it.
De Weerd: Okay. Any further questions? Is the applicant here? Good evening. If you
will, please, state your name and address for the record.
Olsen: Sure. Chad Olsen and my address is 6142 North Queensberry Place, Boise,
Idaho.
De Weerd: Thank you.
Olsen: So, this is the property located at 1680 West Ustick Road. As mentioned by
Caleb, this was brought into the city as a community commercial zoning designation. The
uses that we are trying to modify the agreement are allowed in this zoning district , either
with a conditional use as mentioned or they are already p ermitted, but it goes way beyond
just being allowed through zoning to do what we want to do. One year ago this was
submitted before the Council as a 96 unit, three story apartment building. There was a
lot of opposition and we listened to what the community had to say and the Council and
the word -- the word that kept coming up was impact. It was a tremendous amount of
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impact. And so back at the drawing board, we redesigned a project that would minimize
impact. So, here we are again and this time we have a lot less opposition , but in trying
to be responsible I personally went on the public record, I read all 28 of the letters that --
27. One was put in twice. I read all of them and I thought I want to get to the guts of this
and try to figure out what's -- what's the problem, why are we having so much opposition
when we come to this corner of Ustick and Linder Road. We tried other things, they don't
work and -- and, you know, what can we do to -- to be a good neighbor to our community.
These -- some of these letters -- and what I did is I just went and tallied instances of things
that came up, a pattern that -- that would maybe emerge I thought. Twelve instances
about traffic concerns. Ten instances over the crowding of schools. Twelve instances
regarding building more apartments. Eight instances over three story apartments. Three
instances over a modern style look. Fourteen incidences regarding building more storage
units. Five instances about green space and the loss of green space. Six people wrote
letters that were actually in error about the zoning. As I mentioned it's approved for this
type of use and two people wanted a park or us to build the village. Some of these citizens
expressed several concerns that showed up twice, like I mentioned, and if I were to
describe a word that when I got done after reading all of these concerns my word was
impact. The entire project just has impact. I rode here tonight at 5:30. I tried not to
speed. The traffic is tough. We all live in a city that's growing. It's a lot of impact to our
city, so -- and, then, what we are really discussing here now is what is the least amount
of impact that we can make. We listened to our community and when we overhauled the
entire project these are some of the types of impact that we were able to identify. Physical
impact, such as heavy traffic counts, schools being overcrowded, more population, visual
impact, unsightly storage units, lack of green space. So, then, our objective was simple.
How do we mitigate these types of impacts? Storage units calculate only second to a cell
tower in trips per day, according to the Institute of Transportation Engineers Trip
Generation Manual, 10th Edition. That was gained from ACHD. Would you rather have
a person returning to their home one to three times a day or one to three times a year at
a storage unit? Retail and office have much higher trips per day generated than do
storage units. ACHD scrutinized the physical impact on traffic in regards to ingress and
egress of this particular site. Even changing our entry point, which, in turn, caused
another redesign. That means 17 redesigns since we started from the original one. The
18th would be the -- or the first one would be the storage unit. Eighteen in total.
Classroom seats are being preserved by this application . The visual impact. We had a
neighborhood meeting. Nobody showed up. I understand that some of the -- or some of
the public testimony was from neighboring subdivisions outside of the radius in which we
are required to notify. This was painstakingly designed to disguise a storage unit. This
looks like a little retail spot and it, in fact, does have retail and office in it. When I show
the renderings to people -- Caleb, could you throw those renderings back up. Because
we are looking at a bird's eye view and we are looking down, if you're looking straight at
that I have had several people -- Sonya, what part is the storage unit? The whole thing.
It's behind all those quasi-looking offices. A great deal of cost goes into creating false
storefronts to hide the storage unit. Other than seeing the storage unit design -- or sign,
you shouldn't be able to tell it's, in fact, a storage unit. The code with regards to green
space on Ustick and Linder Roads were followed strictly. We are not asking for any
exceptions on that. Anything outside of the code requirements almost one acre of our
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site -- it's only 4.61. Between setbacks and buffers are green space. We would be
irresponsible to not include some housing in a city that desperately needs some housing.
This isn't 96 apartments. This is eight. My conclusion is the only purpose of this plan
was to mitigate impact. We came to our neighborhood. We came to our committee -- or
our community and said, okay, let's reduce the traffic, let's reduce the overcrowding of
schools, let's reduce the visual impact of looking at another storage unit. We get it . We
understand. The ratio of retail office to housing to storage was formulated with the -- with
the impact in mind. Other uses. Okay. Let's come back in, we will rezone it to residential.
Okay. It's more traffic and more schools being overcrowded. Let's do more retail. It's
more traffic. This is the best option. This is really the only option for that corner. I'm not
sure as a developer what more that we can do in trying to be friendly neighbors with our
community and I'm here to answer any questions that you might have.
De Weerd: Council, any questions? Okay. It doesn't look like it at this point. Thank you.
So, we will now take public testimony that are on the sign -up sheet. So, Mr. Clerk, can
you read those that wanted to testify.
Johnson: Yes, Madam Mayor. There are six sign-ins. Four indicating they wish to testify.
The complete list is on your computers by clicking the sign-in dashboard. And the first
sign up to testify as John Schafer.
De Weerd: Good evening. If you will, please, state your name and address for the record.
Schafer: John Schafer. Address is 2788 West Ustick Road.
De Weerd: Thank you.
Schafer: Thank you, Mayor, Council Members, city employees and all the citizens. I think
they have done an exceptional job of the design to disguise a storage facility. I do give
them kudos for that. That's excellent. I guess there is one question I do have . They
claim that there is only eight apartments that will be on this structure, although the
rendering shows there is three separate buildings -- three stories that looks like it would
be 12 apartments to each building. I don't know. I guess that's just a question I would
like to ask. Also for future developments through more apartment complexes in this area,
but the egress -- only one egress out to Linder Road to a right-hand turn only -- I would
presume that will happen. Diverting traffic now over towards Sawtooth Middle School,
that intersection, if any of you have been there in the mornings and evenings, it's horrible.
I'm surprised they put a Hawk light in there and there wasn't a -- a traffic light installed
there at the time, just because of the traffic conditions that happen there after events in
the evenings and things of that nature or the other ingress-egress would be through
BridgeTower and with Ustick Road I have not seen any design from ACHD when that will
be widened because of the Ten Mile Canal next door and the cost. I see a two lane road
there now that it's already problems for people egressing subdivisions to the south, as
well as coming up to the BridgeTower to the north without turn lanes. So, I just feel that
there will be some traffic issues if we develop more apartment complexes within this --
and beyond this design. Thank you.
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De Weerd: Thank you so much, John.
Johnson: Next is Beth Lucas.
De Weerd: Good evening. If you will, please, state your name and address for the record.
Lucas: Yes. My name is Beth Lucas and I live at 1922 West Pachino Street here in
Meridian.
De Weerd: Thank you.
Lucas: All right. I just want to say good evening to everybody here, Mayor Tammy and
the Council Members, and I want to start by saying that I hope you will deny this
application. I have looked over all the materials available online and I just don't think that
it is the best use of that corner. I'm not necessarily against apartments or storage units
as they stand, but this particular plan seems kind of poorly conceived and thrown togethe r
and it doesn't fit well with the surrounding neighborhoods. That said , if you do decide to
move forward with this plan and this development , I hope you will just consider a few of
these concerns. The first is that the apartment buildings that they are proposing are
simply too tall. They are going to be three story and they would be the only three story
structures in the entire square mile and most of the surrounding square miles . So, they
don't fit in and what is difficult to see on this visual -- if you look at -- it looks like there is
green space all around, but that area to the west of the subdivision is already platted out
for single family homes. So, there is going to be homes directly adjacent to those
apartment complexes that are so tall and you can see a visual of this on the left is where
the single family home would go and 20 feet to the right of that is where those apartments
would go in. So, there is no buffer, there is no roadway or transition between those
apartments and the residential neighborhood. This would be the front of the apartments,
which would face that house that you saw on the previous slide. Sorry. So, they would
have, basically, four front doorways looking down on that house in that neighborhood and
it just doesn't seem to fit with the area. The other problem with the apartments is that this
is what would be facing the roadway. So, when you're going through that roadway you're
in a residential neighborhood and, then, all of a sudden out of nowhere there is this stretch
of road that would have these garages on either side just lined up with their cars and there
is not really places to park additional cars, since most people do not park in their garage,
even though it meets the requirements for parking. So, aside from the height of the
apartments, which you can also see here in the background, they just stick straight up.
There is these single level storage units and the residential homes, which seems not to
fit with the area. The other major problem I have is just the elevation of the buildings, the
storage units and also the apartment buildings. They are just giant rectangles. There is
no architectural details that match any of the surrounding areas. I know there is some
kind of grading on top of the apartments and the buildings, but those also -- they have a
really modern look and modern colors that don't seem to fit the surrounding areas. So,
basically, I'm asking that if you choose to let this project move forward that you would
require that the apartments be no more than two stories and that you would require more
architectural details and a better elevation level that would fit more with the surrounding
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areas and make it look more aesthetically fit with the area and this is an example of an
apartment complex. It's a four-plex just a mile up the street on the corner of Linder and
McMillan and that has a much more residential look. So, thank you.
De Weerd: Council, any questions?
Cavener: Madam Mayor, I do.
De Weerd: Mr. Cavener.
Cavener: I appreciate your testimony. Anytime the question of aesthetics comes up I
always get interested, because I think they are somewhat subjective.
Lucas: Right.
Cavener: So, I'm curious from -- from your perspective what aesthetical changes,
something that would satisfy you as an individual?
Lucas: Well, as the visual here shows, more roof pitches, more gabled roofs, more
architectural detail rather. Basically anything other than just a giant rectangle box, which
is what's on there. And even the store fronts, if you look at the colors and you look at the
trims on those, they really don't match the BridgeTower neighborhood that's directly
adjacent. Even the paramedic place, which is across the street, have more gabled roofs,
they have more detail on them that makes them just look like they are more cohesive in
the area. So, that would be what I suggest.
Cavener: Appreciate it.
Lucas: I don't know if that makes sense or answers your question.
Cavener: Always interesting to hear where people come from. So, I appreciate that.
Lucas: Yeah. Just if -- I mean looking at the surrounding areas, I would want it to look
more in line with what's there. Less modern.
De Weerd: Thank you. Any -- Mr. Borton?
Borton: Yeah, Madam Mayor. Ms. Lucas, there is a question with some of your
comments -- and maybe, Caleb, I will call on you to help kind of articulate the distinction
between what is before us to decide from a design perspective and the companion
conditional use permit, which is before P&Z later in October and there is some areas that
they address at that public hearing and there is some before us today, so --
Hood: So, Madam Mayor, Councilman Borton, Members of the Council, yes, there is. As
I mentioned in the previous, there is an upcoming hearing to talk more about kind of the
architectural and how -- aesthetics of the proposed multi-family. That said, the
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development agreement is before you today. So , if you wanted to limit it to two stories
say, that is certainly something that you -- you could do this evening and say, okay, we
are okay with multi-family, but even put some more sideboards on that . Obviously, the
CUP they have going through the process now would have to be consistent with the
development agreement modification. So, there is a little bit of overlap in process here.
They need your approval to modify the development agreement to say, yeah, these land
uses are okay and, again, if you even want to tighten down those sideboards a little bit
you could. I would caution you I guess a little bit -- although you could -- getting into too
much of the design aesthetic of those buildings, because that is what's coming before the
Planning and Zoning Commission. But, again, if you want to craft that or give them a little
less leeway to make some of those decisions, that's certainly, again, on the table today.
But that is primarily why it's before the Planning and Zoning Commission is to look at how
this does or does not fit in with the existing neighborhood.
Borton: Madam Mayor. One of the reasons for that question -- and I appreciate you
bringing that up, too. When we reviewed the application in preparation for tonight was
just making sure we are clear on -- and the height is one example of something that if
that's a decision that is before us through the DA application that isn't part of a CUP or is
the -- does the CUP application also have the opportunity to address height or is tonight
-- or is this the application where height of the apartments needs to be addressed?
Hood: So, Madam Mayor, Councilman Borton, the height of the building really is tied to
the elevations more. I don't think that through the CUP process the Commission is going
to say no more than 45 feet. The zoning will control that. But they will look at elevations
and go, yeah, those are the elevations we want and they are three story. So, if you want
to limit it again to two story or a height, you certainly could. They -- I don't see them
necessarily doing that, unless they say you submitted three story, we only want to see
two story. They potentially could do it that way.
Borton: Okay. Thanks helpful.
De Weerd: And that would reside in the DA?
Hood: Madam Mayor, it can reside either -- either place; right? The development
agreement -- if you want to as the Council say no more than two stories or 40 feet or
whatever, and then -- then that's going to be a sideboard that the Planning and Zoning
Commission can look at and say want to really limit it -- maybe you can fit three stories in
40 feet if you use 40, but it's going to have a height cap that could live in the -- in the
development agreement, yes.
De Weerd: Thank you. Thank you for bringing up your ideas -- for bringing ideas in
addition to your concerns. We appreciate that.
Lucas: Thank you for hearing me out. We appreciate it.
De Weerd: Thank you. Okay.
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Johnson: Madam Mayor, next is Miquelle Crosland.
De Weerd: Good evening. If you will, please, state your name and address for the record.
Crosland: Miquelle Crosland. 2217 West Windchime Drive, Meridian, Idaho.
De Weerd: Thank you.
Crosland: Thank you, Madam Mayor. Thank you, City Council. And thank you, police
officers, and clerks, we appreciate your service. Mr. Chad Olsen is a resident of Boise.
This is not your city. This is not your neighborhood. And this is not your community ,
which you called all of those yours in your application. A few concerns. Adding vehicles
to that corner, because, as Ms. Lucas said, there is a neighborhood, it's -- CBH Homes
has 65 plots just behind that and so adding that, plus what Mr. Olsen wants to do on that
corner, it's just going to be a whole lot more cars than -- than what is already accepted
into -- into that -- that space adjacent to his. The overcrowding of schools. If you move
into BridgeTower right now, you have four kids, they are not allowed to go to Hunter
Elementary as of today. They have to go to neighboring schools because of the
overcrowding. Your Sawtooth, your middle school and Rocky Mountain is also
overcrowded as well. This new conceptual development -- development plan is not the
highest and best use of this property. I just felt it was a busy design. I felt like he wants
storage units, he wants apartments, he wants office space. I just feel like that's just going
to crowd out that -- that tiny four acres. 4.16 acres is not that much land. I -- I, too, would
like to give suggestions, as Ms. Lucas did. I would like to see a cleaner design with --
with someone who is less greedy in -- in the income that he can produce from that
property. And that's all my -- my points.
De Weerd: Okay. Council, any questions?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Ma'am, you stated a lot of things that you don't want there. What kind of
development would you like to see there?
Crosland: I think the townhomes next to -- behind Kohl's. I think it's -- there is green
space and it's -- it's not too much housing, but if we go back to that slide, Caleb. Sorry.
With the house next to the apartments, that's just disturbing on any -- I mean CBH would
have a hard sell on that one. I -- I'm a realtor as well and some homes would be hard
and that would be a hard one. The one where -- two more up. Number two. Yeah.
Perfect. Thank you. Just all those windows looking in -- into my kids playing in the
backyard every day would be quite disturbing and so I -- I think more green space next to
that precious single family home and -- and make it cleaner with a lot less townhomes. I
think that was a proposal last time when we came here last year in the Planning and
Zoning meeting and -- but he's trying to make this a really busy intersection. Not just busy
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with traffic, which -- I didn't mention that one. You only have one lane going west on
Ustick and you only have one lane going south on Linder and bringing all these vehicles
in is just -- as the first brother said, but we don't see those -- we don't have a plan yet for
those roads widening, especially with the canal on Ustick. Sorry. But just a cleaner, more
green space for that corner next to those 65 homes would be more appreciated.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: So, you -- rather than the storage units, you would rather see more townhome
style housing?
Crosland: I don't want to give a number, because everyone will kill me that I'm trying to
represent. Just less. Not tall. Not being greedy with -- with -- with the space there. I --
height is definitely an issue. But just more green space, more kids playing in the park,
like -- there is 65 homes. It's going to be a CBH neighborhood. You're going to have a
lot of young families in there with young children and -- and you have that cross-through
that's already decided on Crosswind. That's going to be a busy road with a lot of children
and so that -- I think that should be a huge concern.
Palmer: Madam Mayor?
De Weerd: Uh-huh.
Palmer: Sorry for the continuous questions.
Crosland: That's okay.
Palmer: I just -- I struggle -- I'm trying to understand really, because -- I mean it very well
may be more profitable to put a bunch of housing in there considering the housing
situation that we are in right now, but as you had stated and as, you know, previous project
has been presented and -- and as Council and the people made clear that they didn't
want more housing there, because housing creates a ton more traffic than storage units
and, then, even -- even commercial, you know, whether -- even if it's dentist offices create
even more than housing does and so this -- this is the least impactful proposal that's been
on -- on this property when it comes to traffic.
Crosland: It's the ugliest proposal we have seen on this.
Palmer: So, what's the number one concern, the traffic or is it that you don't want -- you
want a prettier --
Crosland: It's busy and aesthetically it's -- it's too busy and ugly, which is just an opinion.
Subjective.
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Palmer: Thank you.
Crosland: Okay. Thank you.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just before we continue, a comment. I recognize that not everyone comes
before City Council on a regular basis, but I always like to frame it -- this is -- these are
neighborly conversations and so I just would ask that we be civil, be diplomatic. We don't
like it when developers imply intent of people in our community. Likewise, we try and
discourage residents from implying intent towards the developer . It just -- it makes this
process go smooth if we can all be neighborly. So, I just would encourage the rest of the
folks that come provide testimony that we find a way to do that. Appreciate it. Thank you,
Madam Mayor.
De Weerd: Mr. Clerk.
Johnson: Madam Mayor, the final person that signed up ahead of time is Holly
Worthington.
De Weerd: Good evening, Holly.
Worthington: Hi.
De Weerd: If you will, please, state your name and address for the record.
Worthington: Thank you, Madam Mayor and City Council. My name is Holly Worthington
and I live at 2240 West Teano Drive. I kind of have different concerns. I am concerned
about the high density housing, just because as others have expressed, I worry about --
we already have a hard time turning left out of our neighborhood as it is. It's -- it's a
difficult situation and especially there where Sawtooth Middle School is there is a major
traffic issue there already. I'm not sure how much you guys are aware of that. Hopefully
you're aware of that. But I worry about that specific area because of that and I think most
people in our neighborhood area assume that that area would be filled in with homes and
probably some kind of -- something on the corner. I think we all knew that was going to
happen eventually. But I think most of us thought it would be some kind of professional
buildings or something. I know for me personally and for people I have spoken with,
storage units -- we already have one on Ten Mile and one on McMillan, which both align
right next to our neighborhood and I feel like that's probably not what we want next to our
neighborhood, because for me it's more about the crime like -- I got this from the Idaho
State Police Uniform Crime Reporting. Sorry, I -- from their website. But it says that --
their top locations of burglary, break -- breaking and entering for 2018 -- number one was
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residences or homes. But number two is rental storage facilities and so for me that's a
concern and I think we already have two storage units right close to us. We have a
pawnshop and a liquor store and I just feel like we have a nice family neighborhood, I'm
not sure that we need to add something else close by that is probably going to attract
crime. I found -- it's called Blue Sheepdog. It's a website run by a cop. He trains other
police officers and he said self storage facilities generally offer criminals with a near ideal
location from which they can work or store their products. The facilities often accept cash,
don't do background checks, ask a few questions, are open 24 hours a day and based
on how the property is laid out offer the ability to work out of the view of the casual
passerby. For me that's not something I particularly want in my neighborhood , so -- and
I realize that there are other property -- other things that could be problematic trafficwise
as well, so I think that, obviously, still needs to be a consideration. But I think that we can
come up with something that uses maybe more green space , uses maybe -- something
professional that will maybe help with the traffic at Sawtooth --
De Weerd: Holly, can you summarize?
Worthington: Yes. Sorry.
De Weerd: Thank you.
Worthington: That's it. I will leave it at that.
De Weerd: Council, any questions? Thank you so much. Okay. Those -- that was who
had signed up. Is there anyone else who would like to provide testimony on this? Yes,
sir.
Walsh: Good evening. My name is John Walsh. I live at 1859 West Quiet Peak Street,
Watersong Subdivision, just north of that whole big piece of vacant land. The lady who
spoke about the height of the -- the apartments -- the proposed apartments, I think she's
right on. A two story apartment next to or nearby residences is plenty. You put three
stories up there and you're going to discourage the development of the residenti al area
right behind our house. Two stories -- if they -- if they need more apartments, reduce the
number of storage units that they are going to put on the land. You know, if you want to
have storage units, like another lady said, you have got them on McMillan, you have got
them on Ten Mile. You know, everyone's got a garage and everyone's parked out in the
-- out in the driveway, no one ever seems to have enough room for their stuff . But if you
-- if that's what you want on -- on a major intersection corner for Meridian, another 300
units to put more stuff, fine, but let's -- let's at least keep -- keep the profile or the facilities
down to that -- that 45 foot limit or two stories or whatever it is and make those apartments
look more like -- like homes. There was a picture that was brought up on one of the
screens. They -- they -- they look more like homes, rather than what they have got now
looks like a castle. So, if -- you know, I guess that's all I would say. Just wanted to get
that on the record. Thank you.
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De Weerd: Thank you so much. Any other testimony? Okay. Would the applicant like
to close.
Olsen: Chad Olsen. 6142 North Queensberry Place, Boise, Idaho. 83713. Currently
building a house at 3160 North Duane Drive, Meridian, Idaho. Graduated 1988 from
Meridian High School. Won the state championship in wrestling at 119 under Bruce
Burnett. But that's okay. It's all right. I'm okay. And I understand that -- that modern isn't
for everybody. I totally get that. There was a couple questions. I probably should have
written them down. I didn't. I want to respond to a couple things. The reason why there
is so many uses is that zone is calling for a mixed use. It doesn't mean that if the
apartment portion of that seem to be an issue with people we couldn't make it more office
or more retail or more storage for that matter, but in trying to adhere to that -- the spirit of
that, understanding it from a building side, having, you know, built several nice townhome
projects behind where Trader Joe's is going at Barroso, I understand the need of housing.
That's what the zone asked for is a mixed use and as far as -- like the traffic going through,
ACHD limited it. ACHD has certain rules onto major arterials and they wouldn't allow any
of the traffic to come from the townhomes and as far as cutting it down even further , you
know, that's fine. Ninety-six to eight is pretty good I thought in my mind. But at the end
of the day most of those concerns are mostly resolved. As far as the color situation on
-- on a design, they are just renderings for right now. We are just trying to get something
close, so that we can kind of give an idea to you, the Council, about what it looks like.
So, most of the concerns -- most of the school concerns, most of the traffic concerns, as
far as storage units being high profile places, the storage units that we build now are very
high tech and very camera oriented and I would find it very difficult for somebody to
conduct an illegal action within the storage unit. I'm not sure if that information is derived
from more older storage units, but as far as the design goes, you know, we can discuss
that at the conditional use and if I can get the names and numbers I'm more than happy
to sit down and -- and design some stuff that maybe is a teeny bit more appealing to
people. The reason why there aren't gabled roofs is that they cause the buildings to be
higher and we were trying to keep it as short as possible and still have that and one living
space, it's like -- it's like -- more like sliced bread. It isn't -- those aren't houses that are
four houses lurking on top, that's bedrooms looking down is what it would be. But, that's
fine, we can -- we can discuss that later. So, in short, I guess I'm just going to say that
most of every concern that I heard here tonight were the concerns that were echoed in
the letters and the -- the best solution is what we have presented to the Council. Thank
you.
De Weerd: Thank you, Chad. Council, questions for the applicant?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Madam Mayor. Thanks, Chad. I'm just a little bit confused about number of units.
So, you said 96 and you say eight. How many units are there?
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Olsen: There were 96 a long time ago. A year ago. There are now eight.
Milam: Eight units or eight buildings?
Olsen: Eight units.
Milam: Eight --
Olsen: Eight homes.
Milam: Eight home.
Olsen: Eight homes. Two four-plexes.
Milam: So, they are three story homes.
Olsen: They are.
Milam: Okay. But you could limit those to two story possibly.
Olsen: It would be -- it would be harder. We would have to take some space out of either
the storage unit or the -- the retail space that's there, but we did want to provide, you
know, some retail, so that we could encourage some people to come. It had been tossed
around to -- at one time when -- the pictures you're seeing were 16 and no retail and we
were counseled by staff to not do that, to -- to -- well, we can't access it from -- ACHD,
anyway, will not allow that access to come off that , but will allow business to come off
there and a storage unit entrance, but they won't allow homes to come out there. So, that
-- but, again, if we add more houses, basically, what we are doing is adding more traffic
and more school seats are disappearing. So, I'm really not sure at this point what more
as a developer we could do to minimize the impact of that corner.
Milam: And, Madam Mayor, follow up. And, obviously, I -- or doubtful any of the
neighbors would have a problem with eight units. I mean that's -- that is minimal, but --
but the problem is the height. So, there is no way to change the footprint of those a little
bit to shorten them? You're -- you're dealing with people who live right next door.
Olsen: Well, there is no houses there and what -- and the house that they showed, it's
actually the side yard, not the backyard. That house faces a different direction than what
we face. Absolutely. Everything is always possible to minimize everything and just -- that
something would come out as a result of it. We are going off of what's allowed to us in
the code, which is 35 feet, and we are at -- we are 30 and most houses when you -- you
get it up there they are about 25 feet by the time you count two stories of houses and a
pitched roof, depending on the pitch, 25 feet. We are maybe five foot higher than that.
Hood: Madam Mayor, if I can jump in real quick. Just to clarify. This is C-C zoning, so
the maximum in the zone would actually be 50 feet. So , in the C-C zone it's 50. The
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project that's -- that's annexed and zoned, although not fully built out yet with the homes
and things, is an R-8 zone and that would be 35 feet maximum in the R zone.
De Weerd: So, Caleb, I know that I -- I would be concerned having those look into my
backyard so close. When -- it's not really designed for the multi-family and -- and if I
bought that house on that lot I would be concerned that I'm going to have higher density
type.
Hood: So, Madam Mayor, I tend to agree with you. Again, just to clarify, there isn't a
house there today, though, and that's why -- some of the reason I pulled up the aerial.
So, those four units and four units would go right here. So, anyone buying this lot would
know that there is -- I'm not saying it's right, I'm just saying it's -- it's -- the house isn't there
today. There's a lot there, but no one is actually living in the Windsong Subdivision --
Windsong? Something. They match. There is two names that are real similar in -- in this
area. So, I mean -- I think that is, again, part -- to the previous question, part of that is to
be somewhat played out at the -- at the Planning and Zoning Commission as well. Again,
you can have that dialogue here, but I just wanted to clarify the one -- the one exhibit that
was presented -- as far as I know there aren't any homes in the subdivision directly to the
west.
De Weerd: All right. Thank you. Thank you for that clarification. Council, other
questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: To dovetail on that -- on that concern is -- a lot of good dialogue and discussion
on various considerations, the traffic, schools, also an awareness of what is already
annexed, what is already zoned, existing uses that are already permitted here. We are
down the road to a certain degree , but one of the areas -- this area is the mixed use
community designation. So, I want to go back and -- and I was pulling up the comp plan
to kind of look at some of those principles. I know you certainly did as well and one of
them speaks to that transition between residen tial uses and a mixed use community
and --
Olsen: Yes.
Borton: -- and that's one of the principles in our comp plan that gives me some concern
-- to tie into the Mayor's comments that even though there is not a house next to it, the
specific design, even if it's just -- did you say 40 feet or 45 feet?
Milam: Thirty.
Olsen: Thirty.
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Borton: Thirty feet. It looks like it's taller because of its --
Olsen: Yeah.
Borton: -- that design and we have had that challenge and --
Olsen: That square more modern look looks a little taller.
Borton: So, that's concerning, that -- that design. Maybe not necessarily the height. The
design invites an incompatibility with what will be the adjacent R-8, two story
development, so you can --
Olsen: Yeah, unless it maybe becomes contemporary. We are moving a lot more
towards a contemporary design these days, but I'm just saying --
Borton: Yeah. So, talk a little bit about your flexibility and those properties adjacent to
the west or the -- those four units -- four three story units --
Olsen: Yeah.
Borton: -- adjacent to that property being either shortened or designed in a fashion that
would provide a more compatible transition. At least in appearance.
Olsen: So, just -- let's just say for the sake of argument that we didn't put those four units
right there, but somehow we moved them out towards Linder Road.
Borton: Cross -- Crosswinds perhaps?
Olsen: Yeah. Just -- just where you see the commercial piece . Right here in the front.
Let's just say. And let's just say that we designed a retail building to go back there. It
could be 50 feet. To me I -- I feel like a meet in the middle as a residential type application
to merge it, so we start with residential and we hit multi-family and, then, maybe we hit
commercial and that's kind of the buffering that we do. Like I said, anything is possible.
That's a design that -- that we have liked and we have used and it seems to have worked
quite well. We would probably have to limit maybe the number of units that we do by not
having that third floor and maybe that would bring it down to two -- three on each side or
something like that and so we just get -- we get less out of it and if that's what it needed
to be that -- that's I guess what it will be. It just -- without having a house there and not
understanding what's going to happen on that side , I can completely understand your
concern.
Borton: Yeah. And Madam Mayor. I -- I don't doubt that at all and that's one of the
challenges you're sort of stuck with. I think your neighborhood meeting with the
proximity --
Olsen: Yeah.
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Borton: -- delivering to the vacant lots --
Olsen: Yeah.
Borton: -- right, doesn't provide that input that -- you might have heard some of this
exchange at a --
Olsen: Yeah.
Borton: -- well attended public meeting, so you're --
Olsen: Sure.
Borton: -- you're sort of stuck.
Olsen: That would be the good thing about being able to look at the letters.
Borton: Sure.
Olsen: Yeah. Because that's kind of like the expanded neighborhood meeting. But --
yeah. If I had a neighbor right next door this could never be allowed, right, because -- but
since I'm going first and they get to see what I'm doing , as opposed to me, you know,
coming in over the top of them later, I totally understand that with three stories. But am I
-- my understanding is that if you understand there is a three story building next to you
and -- and you get that and -- you know. And I built all those units over there at -- behind
-- like I mentioned behind Trader Joe's to be and we had that talk, then, too, because you
got a person that now has a commercial building right there, but because the commercial
building's already built, we have an understanding that, hey, it's a commercial building
there, we get it, and so, you know, there is, obviously, some flexibility. We need to try to
do that to make those three story apartments look more traditional, but if we -- if we need
to bring them down, I guess we could try to work out something, but, right, there is only
so much space, so something's going to have to go -- a little bit here and, then, we can
try to work with staff and try to mitigate , you know, the commercial building in the front
and -- and maybe the idea is to have no housing. Maybe we should just have a few more
offices right back there and -- and have them like one single story office. That's the beauty
of a mixed use is that you can do that. I just felt like we should at least offer some housing
in a situation that we are in right now with housing, I feel like we should be responsible
and put at least some housing in it, but it has been presented to me from Bill that he said
maybe don't even do the multi-family. It's getting so small anyway at this point, it's only
two four-plexes, that we just go with office, but that would maybe increase a little bit of
traffic and take a little bit of schools and so this was kind of like our meet in the middl e.
Borton: Trade off.
Olsen: Yeah.
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Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Kind of more in response to that and I -- I don't know, I might prefer more offices
knowing -- you know, living out in this area somewhat you're surrounded by homes and
there is a -- there is a demand for homes, but that's not going to go away --
Olsen: Right.
Milam: -- that we also have a lot of apartments going up and a lot that aren't built yet , but
people look forward to there being businesses in a proximity to their home that -- you
know, so they don't have to drive to Eagle Road, they don't have to drive somewhere --
somewhere that could be walkable. So, I think that could be very successful as well.
Olsen: Yeah. And I'm open to that.
Milam: I'm not saying another gas station, but --
Olsen: Yeah.
Milam: -- it's not up to me. But I just wondered if we could change the apartments, so --
Olsen: Yeah.
Milam: -- we have had this come up in the past with these tall apartments and there was
-- I think one way that we mitigated it was the developer put -- made sure on the third
story the window -- any windows were really high.
Olsen: Like a transom window.
Milam: Yeah. So, above head height --
Olsen: Yes.
Milam: -- so, that there was light in there -- in there, but they -- it wasn't like they could
just -- they are not looking over into the neighbor's yard and I think that was something
that worked well.
Olsen: Yeah.
Milam: So, that's another thought, as opposed to --
Olsen: Sure.
Milam: -- the building --
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Olsen: And just to be honest, I'm totally okay with -- I believe Caleb would have to correct
us -- me. Yes, two uses are enough to consider it mixed use.
Milam: That's what I was thinking, too. Two or three; right?
Hood: Madam Mayor. No correcting here, just to clarify, though. So, that mixed use
designation actually covers multiple sides of this intersection. So, we are looking for a
mix of uses over -- not just four acres -- I mean it's almost impossible to get a mix of three
uses on four acres, so we look at the whole designation on the comp plan and go , okay,
overall we need residential, commercial, office in its whole. So, we do have the other
side of the intersection that isn't developed yet either. So, we can get -- if -- if, for example,
residential goes away here, we will be looking for some of that to be picked up on the
other side of the intersection.
Olsen: Sure. And I would be okay with just going to the two uses, if that was the most
preferable to the community and to the Council. I would be okay with that.
De Weerd: Two other items were brought up and maybe the first question to Caleb, what
does Ustick look like going west?
Hood: Madam Mayor, I didn't have a chance to multi-task while listening with one ear. I
did look at ACHD's integrated five year work plan. As you know, Ustick -- that intersection
and back to the east was completed -- boy, time flies -- 18 months ago, two years ago,
somewhere in there. Recently anyways. With the next segment going, you know, back
to -- towards Ten Mile is not in their five year work plan. So, it isn't planned for any
improvements in the foreseeable future. Now, that could change, but it's not on their
recently adopted integrated five year work plan.
Olsen: Could I clarify one thing? There is actually no access that we are taking onto
Ustick Road at all. That's an emergency access only. That's only if the fire trucks need
to get in there. We are not actually using Ustick at all. That -- you see that's an access
there. That's an emergency access only.
De Weerd: Okay. The other question is going to be for Lieutenant Ford. Certainly we
have heard the -- the concerns about storage units before and with the technology some
of it has been mitigated, but can you talk about our experience with the newer facilities
that we are seeing and -- and do you have some safety concerns of what it brings to a
particular area that have these facilities?
Ford: Madam Mayor, relating to like crime?
De Weerd: Is your microphone on? Yes. Related to crime.
Ford: The storage units here we really haven't had a huge problem with crime at . They
are well protected with the cameras and stuff. We don't get called out there too many
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times for them. I would have to pull actual statistical information to find out for sure , but
it's -- it's not -- it hasn't been a huge issue here.
De Weerd: From the fire perspective any concerns about things we find -- materials
stored or anything like that?
Niemeyer: Madam Mayor, we don't have concerns. I know Chief Bongiorno -- I spoke
with him via text. He reviewed this application. Certainly there is -- there is always an
opportunity for fire to erupt pretty much in any storage unit. I think we do a great job of
reviewing the planning for those storage units, making sure we have as much
noncombustible build out as we have. So, we don't have any concerns from fire.
De Weerd: Okay. Thank you. Any other questions from Council? Caleb, maybe if I call
a ten minute break, can you look up and see -- because I think we have three storage
units on Ten Mile and one on McMillan, two -- three of the four are new and if you can
see if there is anything else going on around that. So , Council, I'm going to call a ten
minute break.
(Recess: 7:39 p.m. to 7:45 p.m.)
De Weerd: Okay. I will go ahead and see if we can pull this back to order. Okay. I guess
I did have a question for Caleb regarding storage facilities and --
Hood: Madam Mayor, I -- so, disclaimer, I live a few miles away from here, so I'm not
overly familiar with it, but I did try to do a search for the ones that I am aware of or showed
up on our mapping system in our database , but if I miss some -- I know some of you are
out there more than I am, but one that's coming online soon -- or will be will be the
McMillan Storage at Goddard Creek. So, that's just a little bit -- do you mind turning
the --
Milam: A mile north.
De Weerd: Across the street from Hunter Elementary.
Hood: Correct. Yeah. So, you can even -- it's -- it's not the one that's actually highlighted
on the screen now where the M in McMillan is, it's right next to that. There is another
project that's coming in where it's highlighted down, but -- and I didn't have enough time
to actually get all of the specs on that. I don't remember how many units were there. But,
then, on Ten Mile by our wastewater treatment plant there is also a Stor-It facility there
and, then, north of that those are also entitled. In fact, some of those I think may even be
under construction there right by the wastewater plant. So, there is several more that are
coming online just north of the existing ones. Stor-It has been there for some time. You
mentioned a couple of others. I -- I didn't -- that ten minutes went fast, so I didn't have a
chance to really identify anymore basically within a mile of this site. So, there probably
are some, but that's as far as I got. Again, I don't have any specs on it. I don't know how
many actual units are there, but there are a few facilities anyways.
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De Weerd: Thank you. I appreciate that. And I guess just the final question I have for
-- for you would be when this came through with the apartments and I guess the
townhouses, I think that were being proposed across the street on the other corner ,
Council at the time and -- and I think it also came up at Planning and Zoning -- was more
a mixed use and -- and the idea behind the Comprehensive Plan was for services that
the neighbors would use, whether it's -- and you could argue that they would use storage
units, but looking for places to eat and -- and services and those kind of things and that
was what the vision was for the Comprehensive Plan. Am I not -- am I remembering that
or -- I'm trying not to make up anything in my own head.
Hood: So, Madam Mayor, I think -- I think that's a pretty fair summary of a year ago, some
of the things that were -- I don't know what -- if there was an expectation, but there
certainly was a hope from a lot of people that testified on the previous application that --
like you said, some more services, like restaurants would be available. Like you said,
they may very well use storage units, too, but that's kind of what they had -- were hoping
for -- or some of those more neighborhood serving uses, that they could frequent more
often that really are kind of lacking in this area today. The re is nowhere really to shop or
go out for dinner and so that was -- that was a general kind of comment that came out at
roughly a year ago that there was some hope for -- for some of that. I do want to clarify
a little bit. I mean this, again, is consistent with the Comprehensive Plan, too, though.
You know, a mix of uses and it's not like we couldn't allow this and still be consistent with
the Comprehensive Plan. But your -- your summary is pretty accurate.
De Weerd: Okay. So, Chad, I have one more question for you and so what I read in --
in the letters and -- and, you know, I appreciate the summary you gave. You gave the
thought process behind why you brought what you did, trying to be conscientious to some
of the comments from the neighbors and the -- the residents in that surrounding area. I
heard some of the concerns as being a fit and I think in -- in the storage units to -- and I
love how you integrated the office with the storage unit. Actually, I thought that was very
unique. If you could make it fit more with the neighborhood. This is an area with the
BridgeTower and some of the other surrounding neighborhoods, they are -- they have
quality to them, they have design elements and to see if you can make it fit more with --
with the surrounding areas and -- and, then, look at -- rather than just say storage units
and offices and maybe you do look at the -- the retail component and trying to bring the
services -- not necessarily the pawn shop or the --
Milam: Liquor store.
De Weerd: I'm sorry, I know I can't say that, Mr. Nary, but -- so -- but, you know, it's just
what -- what you can -- how you can help the neighbors get excited about the
development, instead of concern and -- and fearful for what it might bring to the area.
Does that make sense?
Olsen: Yeah. Yes. Totally. The BridgeTower project is a little more Tuscany look and
so -- been building for 25 years and so I understand the Tuscan look and -- and -- and
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the ideas that we incorporate -- you don't want it to all look the same, you want it to look
like storefronts and so the variety is good. That's what I will say. I will say variety is good.
De Weerd: Council, any other questions for the applicant at this time? Okay. Thank you.
Council, any further information you need from the applicant, from staff, or any of those
that provided testimony? I think, Beth, we are going to be recruiting you for workgroups
after the Comprehensive Plan. Just putting you on notice.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: To -- to start to frame some of these decision points, it sounded like one of the
areas that Chad had addressed is whether or not the three uses could or should go to
two and before we close the public hearing does Council have any direction one way or
the other on that concept?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Great question, Council Member Borton, and I guess that is a question I was
going to pose to staff. In terms of a motion tonight, if Council leaves the piece related to
apartments in here, again, maybe make some modifications from the story or size -- I
don't know where the conversation is going to go and the applicant wants to remove that
and replace it with another commercial element , what's -- what does that process look
like for that?
Hood: So, Madam Mayor, Councilman Cavener, if I understood the question, it kind of
depends on what you do tonight. I just pulled up the recommended development
agreement provisions. So, depending on how much flexibility you want -- for example,
5.1.2 there talks about development substantially complying with the elevations that we
have been looking at and this -- and the site plan. So, you could tweak that and say
except for the northwest corner or, you know, you could allow that built in flexibility or --
you know, I'm not quite sure where you're all going from three to two. If you don't want to
see a residential component at all you could state that in there. Except for shall not have
a residential component, should have more office or whatever. I'm not a big fan of
designing during a public hearing, so we do have -- you know. But there is another
application kind of in -- in process, too. So, giving some direction and some
understanding of where that's going to go. So, again, it kind of depends on what the
outcome is tonight. You can -- the applicant could turn around and submit to modify this
development agreement tomorrow if -- if they -- they wanted to, so --
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: I don't want to belabor the conversation if Council wants to move forward
tonight. I didn't hear from the applicant about anything pressing that -- seeking our
approval tonight. Perhaps it might make sense to continue this out a couple of weeks,
allow the applicant to kind of decide -- again, I have heard that the apartments aren't make
or break. I think that if I'm supportive of the apartments, it's tapping into the story or the
height and probably more in favor of capping the story. But if the applicant would want to
do some other commercial use, I'm supportive of that. I guess would prefer to give them
-- to do that and, then, to have it come back maybe after the CUP process has played out
at P&Z.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Thank you, Luke. And I have to leave, so I apologize, but before I do I was
thinking along the same lines, mainly as far as the CUP hearing, I think that if we were to
approve this tonight -- I don't know. I feel like that's almost backwards and it's giving our
approval to P&Z, as opposed to letting them make a decision. There has been a lot of
take back and dislike in this product and this project. I think that a lot of the people talking
about schools and roads maybe didn't realize that he has reduced this to eight. So , I think
continuing that as well can also, you know, maybe get that word out when it's renoticed,
but I feel uncomfortable approving this prior to the CUP process. Or at least the outcome.
Nary: Madam Mayor?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: First off, I want to thank everyone -- the applicant and the citizens that have came
this evening to express their support and concern. I love this type of dialogue. Appreciate
the thought process that went through it. I am a little bit confused on why there is an open
CUP application after this public hearing this evening. I somewhat agree with what
Council Woman Milam stated. With that said, I -- I'm not a -- I'm not a developer. I'm
certainly not a planner. I have never dabbled in architecture. But I do know one thing ,
that there are a lot of apartments in that area and there are a lot of storage units in that
area and that's what I do know and that's just a fact, there is no debating it, and so I
struggle with approving this revised development agreement, because of that. Nothing
-- you're doing a great job. You know, I'm not going to say that your -- your -- what you're
proposing is -- is -- is terrible. It's just that right now in this -- just in this certain square
mile'ish there are a lot of apartments and there are a lot of storage units. It seems like
we need more commercial. That's my opinion.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
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Nary: Madam Mayor, Members of the Council, I can answer the CUP question. The CUP
can't go forward until they have authority to even put this product there. What they
currently are allowed to do doesn't include storage. So , therefore, until they are allowed
to do storage they can't hear the CUP.
Bernt: Okay.
Nary: So, you can't -- you can't continue this to wait for that. They will have to continue
the CUP, because right now they are not allowed to do it.
Bernt: Oh. Good.
Nary: So, the other thing I would caution is our code doesn't speak of stories . We have
taken -- we took that out a long time ago. Everything in our code is related to height. So,
height limitations on the buildings is what our code speaks to. We don't have stories,
because of bonus rooms and other types of spaces people have built into their houses
that were only built as a one story house. So , we took that out. So, it's really a height
limitation that you're talking about for living spaces. So, those are the two things and,
hopefully, that answers the question on the CU. Again, if you want more time on the
product, that's certainly within your prerogative.
Bernt: Thank you for that clarification.
De Weerd: We haven't closed the public hearing, so I would be curious just to hear the
applicant's thoughts on if you would like to have a couple weeks to -- to kind of firm up
some of the decisions maybe that had been talked about in -- in the mix of uses and how
much time you would want.
Olsen: Chad Olsen. 6142 North Queensberry Court, Boise, Idaho. 83713. It would be
better for me to have the wording changed that said let's either omit the apartments
completely, if that's the hangup, and -- and have the flexibility of adding more commercial.
If that's where this is moving, let's just put it in the writing and let's get it approved. Of
course that's my opinion; right? We have a conditional use that the apartments are being
-- the apartments have their own conditional use. They are not part of the conditional use
on the 24th. The only thing that's on the conditional use is, in fact, the storage unit itself.
But if the Council decided that said, well, we will allow him to add a flexibility of -- and if
you say we don't want to even approve the apartments, then, I'm -- I'm okay with that and
just agreeing at this moment that it can be the two uses, commercial and storage, and we
can put a nice building back in there that would have some services, because I get it, no
one wants to go on Eagle Road; right? And -- but that's where Chick-fil-A is. So, you
got to take it. Right? So, people don't come out to these regional areas. What this will
end up being is like a dentist office, but there would be services and I get it, I drive Eagle
Road all the time and it's easier for me to go right close to my home than it is anywhere
else. So, I feel a lot more comfortable approving this as a commercial only and a storage
unit, if that's in your purview to do so and -- and proceed. But the CUP on the 24th has
nothing to do with the commercial piece, because that's already permitted there. It only
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has to do with the -- the eight units that have to do with the apartment process and so it's
just a storage unit only for the CUP. In fact, we were asked to actually ghost out -- or not
even ghost out -- to omit those parts on that CUP so that it didn't even look like Council
had given us approval on it. So, we were asked that -- you know, you can go sit and you
can kind of see, but it kind of looks like, well, maybe they have been given, you know,
tacit approval for that. We were asked to actually take it completely out of the application
and we did. So, it was just the conditional use for the storage unit.
De Weerd: Okay. Any further clarification, Council? Okay. Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: A question for Caleb. Caleb, can you remind us what, if anything, is approved
across the street directly to the east. A mixed use community -- I don't know, is it not
annexed yet?
Hood: Madam Mayor, Councilman Borton, I checked zoning. If you recall the property
owner to the north that had -- between the middle school and the subject property, when
they came in I -- my memory is actually failing if anything actually got entitled there, but I
believe they withdrew and didn't actually move forward or it was denied. I cannot
remember. I will double check that, but I'm -- I'm almost certain they were collaborating
together. That came in and, then, I think they used to run llamas or goats or something
on that property; right? And, then, they -- directly south of Sawtooth. But I don't believe
they actually went forward, but I will double check real quick just to make sure that it hasn't
been annexed and zoned.
Nary: Madam Mayor, they withdrew.
De Weerd: Yeah.
Hood: Okay. That's what I was thinking.
Borton: Madam Mayor, I'm --
De Weerd: Mr. Borton.
Borton: I'm comfortable proceeding today. If the majority of Council needs time by all
means.
De Weerd: You want to pull your mike closer.
Borton: Sorry. If there is time needed to do something. The reason I asked that last
question is -- is in balancing all of these considerations with regards to traffic, what could
or couldn't be, they are already entitled and what opportunity we have with this application
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to impact the intensity of use, in that spectrum of intensity this is one of the least intense
uses for traffic, least intense uses for challenges we have with our schools, so there are
a lot of positives that -- that I think when you weigh those considerations support this type
of application for me. I'm supportive of the two uses. I just think that's -- I think the
apartments -- the apartments creates more challenge here than is necessary and, Chad,
if you think there is a better way or an opportunity to -- to have two uses, amend Condition
5.1 to -- to adjust it to reflect that. If the larger region, the mixed use community area, still
has opportunity for -- you know, whether it's residential, public, quasi-public, the mixed
use community designation has some other types of uses it wants to capture , there is still
opportunity for that read -- that area to provide that combination of uses. So, all of that
makes me supportive of this application. I think the -- the storage units are attractive, but
I -- I defer to Planning and Zoning in that conditional use permit. They understand the
aesthetic design of that is critically important and it sounds like Chad's already well aware
of that. So, if there was any direction to provide, I would certainly hope that they -- run
you through the wringer is probably a little abrupt, but really to capture an opportunity to
incorporate this very busy corner to make it attractive, the landscaping and the design
and the scale and articulation and color and -- and that's really important. We don't get
to see that. So, whether or not you're there yet with -- with what's been provided, might
not be. There might be more that Planning and Zoning can assist with to make it
successful. So, I'm supportive of the application with those amendments now in light of
that balance of considerations. I think it makes sense to go forward.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor. I concur with Councilman Borton. I think we are asked
time and time again to look at projects that don't put a heavier impact on traffic and
schools and this one has a minimal impact on those and so I appreciate that the applicant
has done revision after revision in an attempt to answer what the citizens are wanting and
so I'm not real concerned about the number of apartments. I think that if that's left and
that's fine. It's also fine if it's not as far as I'm concerned. But I have -- the height issue
is of concern for me. So, with that in consideration I'm -- I'm fine with moving forward
tonight as well.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I appreciate you for reminding us that the public hearing was still open, because
I think that gave the opportunity to not leave any question in my mind. So, I'm -- I'm
capable of moving forward as well tonight.
De Weerd: So, if there is no further information or -- or questions for our staff or the
applicant or those that provided testimony and you feel comfortable with the information
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you have, I would entertain a motion to close the public hearing or would entertain a
motion to continue, whatever the direction of Council is.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: I move that we close the public hearing.
Cavener: Second.
De Weerd: I have a motion and a second to close the public he aring. All those in favor
say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I will take a stab at it. I explained some of the reasoning that gets me to my
decision and kind of balancing the -- all the considerations that I have already discussed.
So, I will make a motion for discussion. I will move we approve Item 8-B, H-2019-0092,
to amend Condition 5.1 and removing the residential component , allowing the two uses
as described by the applicant. That -- I think Condition 5.1.2 directs development
consistent with the building elevations, inclusive of the storage units, but understanding,
quite frankly, the CUP that P&Z is going to hear is really the last authority. So, that might
change. Understanding that's part of the process. I think that's the only amendment to
the conditions that's necessary to make that happen. Caleb, did I miss anything?
Hood: Madam Mayor, Councilman Borton, I don't -- number four makes reference to
multi-family development. Do you want to still leave that in ? The residential -- remove
residential allowance is kind of what I heard you just say, so --
Borton: Correct. Correct. Madam Mayor. That's -- I just said 5.1. So, I give you the
whole list to -- to basically --
De Weerd: Scrub it.
Borton: -- scrub the residential component and I think that addresses -- some citizens,
you know, raised some great concern with that transition and -- and the intent of the comp
plan and what it's tried to capture and even though this is coming in first next to a bare
lot, which is always the easier way to progress this, it's still better long term, I think,
compatibility to make this adjustment. So, that's the motion.
Palmer: Second.
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De Weerd: Okay. I have a motion and a second. Any discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Briefly for the folks that were here. You missed our 4:30 meeting. It was
riveting. We talked about parking boats and trailers, razors, in driveways and it's become
an issue, because people have a lot of these toys and I think it was one of the gentlemen
that talked about, you know, storing them in their garage, because their garages are full
of stuff and when I first got on Council I was amazed at all these storage unit requests
that were before us, saying why don't these people put stuff in their garage and the fact
of the matter is we have got a lot of people moving to Meridian and they have got a lot of
toys and while there are a lot of storage units in and around that area, there is also a lot
of good restaurants and I did a quick look and that's Grant's and Big Daddy's, Homestead.
So, I feel like there are some of those services that are close to those areas. I drive from
the south side of town to go to Big Daddy's and the south side of town to go to -- to go to
Homestead. So, you got some -- some pretty good spots over there. So, I think this
works. Appreciate taking the apartments out. I think they were more trouble than they
were worth. Again, I don't know a whole lot about aesthetics and so I will leave that to
the P&Z and you to figure out what looks the nicest . Not my cup of tea. But they don't
put me on the Arts Commission either. So, appreciate your time. I think this is a great
look at local government; right? People come in with thoughts and ideas, we listen, we
wrestle, we noodle, we go up, we go down, we make a vote. I just -- I love local
government. That's all.
De Weerd: Probably not necessary as part of the discussion on this particular motion,
but maybe after Mr. Clerk calls for roll, any additional comments you would have regarding
-- that you would like for the CUP application consideration, I guess that would be the
time to do it. In addition to the discussion that has already been had. So, if there is
nothing further, Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea;
Bernt, nay.
De Weerd: The ayes have it.
MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT.
De Weerd: And, Council, just to be sensitive to some of the conversation for transition of
use or aesthetics, some of the comments that were brought up this evening, any -- any
thoughts that you want to share with staff that can be considered or part of the
conversation and at least, then, the applicant hears -- hears this as well. There are a
couple of additional steps. You have the CUP that will -- would be coming forward
regarding the storage units and, then, a plat, right, in front of City Council. So, a couple
more opportunities.
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Hood: So, Madam Mayor, I will amend the DA provisions consistent with that motion. As
I mentioned in my hearing, the -- the public street Crosswinds to actually get that road to
stub as a public street that will still require at least a two lot subdivision. So, you will see
that whenever that's proposed to be extended . It may not be phase one, but at some
point.
De Weerd: So, this would come back in front of Council at some point. Okay. Council,
any comments to have considered as part of the Planning and Zoning process that has
not already been said? Very good. Oh. Sorry, Mr. Nary.
Nary: It worked out.
De Weerd: It worked out.
Item 9: Future Meeting Topics
De Weerd: Okay. Item 9. Anything under Item 9? Okay. If not -- yes.
Cavener: Sorry. Just -- more it's just a primer for maybe a future conversation. We heard
some testimony and we saw some letters, people concerned about past decisions the
Council has made and the impacts those decisions are on traffic, whether that's multi-
family, whatever, and -- and, Madam Mayor, I don't know what our solution is to that and
I don't know if there is a solution, but I think it's important that maybe we as a -- as a body
devote a workshop meeting -- if only to say to the public we -- we hear those concerns
and maybe we workshop it, kind of like we do the budget, around the tables and
stakeholders and look at what are some solutions that we could present and work on
collaboratively to solve that. That's a different approach, but I think that we hear it, I'm
sure, Madam Mayor, you hear it all the time in your office, people calling in that are -- are
mad at the Mayor and mad at Council, because we are approving too dang much and I
think it's important that if -- if there is some spots where maybe we wish we could have
done a do over in terms of the impacts that have happe ned -- the negative impacts, that
we maybe look as a body and try and solve some of that . Something for the future. I
don't know if that's a new Mayor and new Council approach or that's something we want
to start now, but just some commitment to our citizens that we are hearing those
frustrations and we want to work -- while we are working collectively to prevent those
future challenges from occurring, maybe we are going back to try and fix some of this
stuff as well.
De Weerd: Yeah. I appreciate that. I think that some of that has been contemplated in
the Comprehensive Plan update with the master mobility map and in that regard it will be
moving forward with the conversations that we will be having with property owners and
ACHD and south Meridian. I have also talked with the chair of ACHD about west Meridian
as well. But short of -- and I don't want to sound trite, but short of building a wall around
us -- we are not dealing with our traffic and we are not just dealing with the impact of the
decisions that are made on land use, we are dealing with the growth of the entire valley
and all the cars that drive through us. So, we are blessed and cursed with our center of
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the valley location, but it is hard to plan for cars and growth that we have nothing to do
with that drive through our community, because we -- our strategy in the Comprehensive
Plan is to collect that traffic, give them a to destination and start that net job growth that
we reported on last week that starts to capture those as well and, certainly, I think it is --
it is a good discussion to have and we could maybe set that up for a discussion in
November or after the Comprehensive Plan or maybe for the new elected officials. I don't
know. Let -- I will talk with Councilman Borton about that and -- and where that makes
sense.
Cavener: Great.
De Weerd: It is an important conversation, because it is high on everyone's mind.
Cavener: Great. Great. Thanks, Madam Mayor.
De Weerd: And I have proposed a wall, but no one will fund it. Still moving for that wall.
Okay. Anyway, if there is nothing further I would entertain a motion to adjourn.
Cavener: Move we adjourn.
De Weerd: And I have a motion. Do I have a second?
Palmer: Second.
De Weerd: I have a second. All those in favor say aye.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 8:19 P.M.
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