HomeMy WebLinkAbout2020-10-13 Regular Meeting Item#2.
Meridian City Council October 13, 2020.
A Meeting of the Meridian City Council was called to order at 6:06 p.m., Tuesday, October
13, 2020, by Mayor Robert Simison.
Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica
Perreault and Brad Hoaglun.
Members Absent: Liz Strader.
Also present: Chris Johnson, Bill Nary, Joe Dodson, Brad Purser, Berle Stokes, Joe
Bongiorno and Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader _X_ Joe Borton
_X_ Brad Hoaglun _X_Treg Bernt
X Jessica Perreault _X Luke Cavener
_X_ Mayor Robert E. Simison
Simison: Council, I will call this meeting to order. For the record it is Tuesday, October
13th, 2020, at 6:06 p.m. We will begin tonight's City Council regular meeting with roll call
attendance.
PLEDGE OF ALLEGIANCE
Simison: Item No. 2 is the Pledge of Allegiance. If you all rise and, please, join us in the
pledge.
(Pledge of Allegiance recited.)
COMMUNITY INVOCATION
Simison: Next item on our agenda -- and, please, note for the record that Councilman
Cavener, who was in Executive Session, took a second to get to his device, has joined
us. Our next item is the community invocation, which will be led by Pastor Rod Enos with
the Southside Christian Center. Pastor Enos, if you would like to come forward and for
all those in the audience if you would like to take this --join us in the community invocation
or take this as a moment of silence.
Enos: Thank you, Mayor Simison. Father, we just thank you for the privilege of coming
to you in your name and for the help that you desire to give us. Lord, we declare our need
of you. Lord, we are living in extremely tumultuous times and we need your wisdom. We
cannot rely upon our own understanding. So, Lord, come and let your spirit be here and
anoint each one of these men and women as they would lead our city. We pray, Lord,
that you would grant them wisdom and understanding and guidance. Lord, with each
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ordinance and decision that they will make tonight we pray that you would guide them
that they would make their decisions fairly and justly for all parties involved and, Lord, we
pray, Lord, over our city. You know, we just pray a protection against this virus in Jesus'
name and pray, Lord, for those who are suffering with it, that, Lord, your healing would be
there and we just pray that you would give them strength and grace. Lord, we pray for
our families, Lord, that are struggling with school and all of the disruptions and jobs and
the like and we just pray that you would just be there with each one and provide for their
needs. Lord, we thank you so much for this great city that you have allowed us to be a
part of and just the blessing that we have experienced from you and we give you the
honor for that. Now, Lord, just have your way tonight we pray in Jesus' name, amen.
ADOPTION OF AGENDA
Simison: Next item up is the adoption agenda. Mr. Bernt.
Bernt: I move that we -- sorry, Dean. Love you, buddy. Thanks for the reminder. I move
-- Mr. Mayor, I move that we adopt the agenda as published.
Simison: Councilman Bernt, would you like to remove anything off the agenda?
Bernt: Oh, yes. Sorry. My fault. Mr. Mayor?
Simison: Councilman Bernt.
Bernt: Third time is a charm. Item No. 11, Executive Session, we took care of all of our
business in our prior Executive Session, so we will take off Item 11 with Executive
Session. With that I move that we approve the agenda as amended motion.
Hoaglun: Second the motion.
Simison: I have a motion and a second to adopt the agenda with that amendment. Is
there any discussion? If not, all those in favor signify by saying aye. Opposed nay. The
ayes have it.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
PUBLIC FORUM — Future Meeting Topics
Simison: Mr. Clerk, did we have anyone sign on under public forum?
Johnson: Mr. Mayor, we do not.
PROCLAMATIONS [Action Item]
1. Cyber Security Awareness Month
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Simison: Okay. Well, with that we will do something we haven't done in a while, we will
head down to the podium for a proclamation. Council, we just heard from Pastor Enos
speak about a virus that we are all familiar with, but we are also familiar with other viruses
that are out there. As this is Cybersecurity Awareness Month, I would like to take a few
minutes and just recognize the hard work that our team does, but it's more important to
make the community aware to -- to be vigilant. We are all here wearing masks and, quite
frankly, our computers need to wear masks in everything that they do, so that we can help
keep our economy and everything else moving forward. So, I'm going to go ahead and
read this proclamation and, then, turn it over to our CIO Dave Tiede here in a second.
Whereas, the City of Meridian recognize it has a vital role in identifying, protecting its
citizens from, and responding to cybersecurity threats that may have significant impact to
our community and whereas cybersecurity education and awareness is crucial for
everyone, including large corporations, small businesses, financial institutions, schools,
government agencies, a home user and anyone who connects to the internet, but
whereas you can protect yourself by monitoring your accounts, being conscientious of
what you share online, keeping computer software up to date, creating unique passwords
and changing them regularly. Installing antivirus programs and firewalls and using mobile
device safe -- mobile devices safely and whereas the stop, think, connect campaign
serves as the National Cybersecurity 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 in awareness that computer security essentials will improve the security of the City
of Meridian's information infrastructure and economy. Therefore, I, Mayor Robert E.
Simison, hereby proclaim this month of October 2020 as Cybersecurity Awareness Month
in the City of Meridian and call upon the community to join me in recognizing how serious
cybersecurity is and the steps each of us can take to protect ourselves and our
community, dated the 6th of October 2020. So, with that, Mr. Tiede, I will present this to
you. I encourage you to say some few words to the community that is much more
important than what I said.
Tiede: Thank you, Mayor. So, I appreciate this opportunity we have to partner with the
National Cybersecurity Alliance in recognizing National Cybersecurity Awareness Month.
It's important to recognize that we all use technology, online resources, and mobile
devices in our daily lives and this is an opportunity to reflect and look at what we are doing
with those different types of technology to see how we can better protect ourselves, our
families, our friends and our community. So, with that I will mention that
staysafeonline.org has an abundance of resources available to the community and that
is put together in conjunction with the various communities around the nation and the
Department of Homeland. Thank you.
RESOLUTIONS [Action Item]
2. Resolution 20-2233: A Resolution of the Mayor and the City Council of
the City of Meridian Appointing Camden Hyde as Youth Commissioner
to the Meridian Parks and Recreation Commission and Raeya Wardle
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as Youth Commissioner to the Meridian Arts Commission
Simison: Thank you again for that -- bringing that forward, Dave. Appreciate it. Next
item on the agenda is Resolution 20-2233, a resolution appointing Camden Hyde as the
youth commissioner to the Meridian Parks and Recreation Commission and Raeya
Wardle as youth commissioner to the Meridian Arts Commission. So, Council, these are
the two last remaining commissions that don't have our youth members to them. We did
put out a call to the community and there were interviews conducted with several well-
qualified candidates. I do have to say that these two stood out amongst the applicants
and I would be happy to answer any questions you have, but, otherwise, I would love a
motion to appoint these two individuals to the commissions.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Mr. Mayor, I move adoption of Resolution 20-2233 appointing Camden Hyde
as youth commissioner to the Meridian Parks and Recreation Commission and Raeya
Wardle as youth commissioner to the Meridian Arts Commission.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: Second.
Simison: Second. Perfect. Is there any discussion on the motion? If not, Clerk will call
the roll.
Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, absent; Perreault,
yea.
Simison: All ayes. Motion carries.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Simison: I do not see either of the two easily identified in -- in on the call. If either one of
them are and if you would like to raise your hand and make a comment at this point in
time, just do that on the zoom call with the -- with the icon at the bottom. And I did not
see anything, so we will just go ahead and move on to the rest of the agenda.
Bernt: Mr. Mayor, one second.
Simison: Councilman Bernt.
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Bernt: I just would like to say thank you to our youth of our city who get involved and care
at such a young age and start learning the value of service over self and the foundation
that creates for them and for those that they serve. So, thank you so much for the youth
that have decided to be part of MYAC and for the youth that just -- that have the
opportunity to serve on these commissions.
ACTION ITEMS
3. Public Hearing for Updates to the Citywide Fee Schedule
Simison: Very eloquent. Next item under Action Items is a public hearing for updates to
the citywide fee schedule. Turn this over to Mr. Purser from our Finance Department.
Well, actually, I will open this public hearing with staff comments.
Purser: Better? Okay. That's much better. Thank you, Mayor and Council. On October
2nd and 9th we published that we would be having a public hearing tonight for four fees,
three of which are for -- from our Community Development Department regarding after
hours inspections. The fourth is from -- a Republic Services fee that needed to be noticed
and, you know, follow the process. That's why we are here today. I don't have anything
further, other than we have noticed it and I will stand for any questions that anybody may
have. Thank you.
Simison: Thank you, Brad. Council, any questions for staff at this time? This is a public
hearing. Do we have anyone who has signed up online to testify on this item?
Johnson: Mr. Mayor, we had no signups online or in the room.
Simison: Okay. If there -- if there is anybody who would like to come forward and testify
on this item, I ask you to do so. Or if you are online use the raise the hand function and
we will bring you in and allow you to provide testimony on this item. Seeing no one coming
forward and no one raising their hand -- Council, do I have a motion?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I move that we approve Resolution 20-2234.
Hoaglun: Second the motion.
Simison: I have a motion and a second -- do I need to close the public hearing first?
So --
Perreault- My apologies. Mr. Mayor, shall I try it again?
Simison: That would be great.
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Perreault: I move that we close the public hearing for the updates to the citywide fee
schedule, Item No. 3 on tonight's agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Second the motion.
Simison: Motion and second to close the public hearing. Is there discussion on the
motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
4. Resolution 20-2234: A Resolution of the Mayor and City Council of the
City of Meridian Adopting New and Increasing Fees; Authorizing City
Departments to Collect Such Fees; and Providing an Effective Date
Simison: Council Woman Perreault.
Perreault: Mr. Mayor, I move that we approve Resolution 20-2234, a resolution of the
Mayor and City Council of the City of Meridian adopting new and increasing fees,
authorizing city departments to collect such fees and providing an effective date.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Second the motion.
Simison: I have a motion and a second to approve Resolution 20-2234. Is there any
discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay.
The ayes have it and the resolution is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
5. Public Hearing for Pearson Subdivision (H-2020-0075) by Melanie
Pearson, Located at 175 W. Paint Horse Ln.
A. Request: A Combined Preliminary and Final Plat consisting of 2
building lots on 3.98 acres of land in the R-4 zoning district.
B. Request: A Development Agreement Modification to allow the
development of the property with one additional residential lot
and specify the requirements for the connection of city services
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to existing and future residential structures and the extension
of the future collector street consistent with the MSM.
Simison: Next item up is a public hearing for Pearson Subdivision, H-2020-0075. I will
turn this over to Joe. I will open this public hearing with staff comments and turn this over
to Joe.
Dodson: Thank you, Mr. Mayor, Members of the Council. Good evening. First item
before you tonight is for the Pearson combined preliminary and final plat application. The
site consists of 3.9 acres of land, zoned RA located at 175 West Paint Horse Lane, which
is at the very edge of our area of impact along Meridian Road. The subject application is
proposing to subdivide one four acre lot into two lots for the purposes of allowing the
current owner of the parcel to deed the new lot over to her daughter, so that her and her
family are close by and this includes with helping her daughter with their newborn child.
The subject property was annexed in 2015 as part of a larger annexation known as South
Meridian Annexation. There is an existing development agreement associated with the
original annexation in 2015 and this property and application constitutes development
under city code. In reviewing the existing DA, the applicant was required to apply for a
development agreement modification after the Planning and Zoning Commission hearing
and the applicant has done so per the conditions of approval in the staff report. The
subject application has also received city engineer and Public Works director approval for
a utilities waiver to not connect to city services at this time due to services being more
than a half mile away. Staff finds that making a singular property owner pay for extending
city services for a two lot subdivision is neither fair nor necessary. Central District Health
has also approved of an additional temporary well site and septic system on this property
-- on the new property. This fact further diminishes any concerns staff has with the
applicant's application regarding water and sewer services. As noted there is an existing
single family home on the subject property that is not connected to city services. This
property, along with nearby properties, were annexed in 2015 and were not required to
connect to city services at that time due to services not being available. The situation has
not changed for this area of south Meridian since 2015. However, when services do
become available in Meridian Road, the applicant will be required to connect to them as
conditioned in this application and in the existing development agreement. Staff and
ACHD find that the existing private access is sufficient for one additional single family
home. Because other abutting properties are not redeveloping at this time, there is no
feasible way for the applicant and owner to comply with those requirements in the UDC
and take access from anywhere else other than the existing access. In addition, adding
one home does not create sufficient traffic to warrant construction of a collector roadway
as shown on the master street map. However, staff understands that should anymore
intensive redevelopment occur on site or on the surrounding properties, the access will
be evaluated for compliance with these requirements. Staff is recommending a DA
provision to be added with the DA modification that requires a future collector street
consistent with the master street map if or when this or adjacent properties redevelop with
more intense uses consistent with the mixed use regional land use designation. So, a
quick summary. The subject application is proposing to subdivide one four acre parcel
into two lots for the purposes of allowing the current owner of the parcel to deed the new
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lot over to her daughter. Staff does not find that the city loses anything by approving this
application and understands that this area may not redevelop for quite some time. The
Planning and Zoning Commission recommended approval for the subject application and
did not offer much discussion on the item, except for any kind of timeline for services that
could be available, which is wholly dependent on development in the area and, then,
ensuring that the applicant is aware of the potential future costs associated with
connecting to city services. And there has been no written testimony since the
commission hearing. So, after that I will stand for questions. Thank you.
Simison: Thank you, Joe. Council, any questions for staff at this time? Okay. I do see
that we have the applicant in the room. Ms. Pearson, would you like to be recognized for
15 minutes?
Pearson: I don't have anything additional to add.
Simison: Okay. Council, any questions for the applicant? This is a public hearing. Mr.
Clerk, do we have anyone signed up to testify on this item?
Johnson: Mr. Mayor, we did not online or in the room at this time.
Simison: Okay. If there anyone that would like to testify on this item I'm going to
encourage you to come forward at this time or use the raise hand feature at the bottom
of the Zoom call. And I do not see anybody wishing to do so. So, with that, Council, do I
have any motions?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we close the public hearing for Item No. 5.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Second the motion.
Simison: I have a motion and a second to close the public hearing. Is there any
discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay.
Ayes have it.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
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Bernt: I move that we approve Item No. 5, H-2020-0075.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Second that motion.
Simison: I have a motion and a second to approve H-2020-0075. Is there any discussion
on the motion? If not, Clerk will call the roll.
Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, absent; Perreault,
yea.
Simison: All ayes. Motion passes. Thank you and good luck.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
6. Public Hearing for Modern Craftsman at Black Cat (H-2020-0022) by
Baron Black Cat, LLC, Located in the Northeast Corner of N. Black Cat
Rd. and W. Chinden Blvd. (SH 20126)
A. Rezone a total of 23.63 acres of land for the purpose of reducing
the C-C zone from approximately 8 acres to 4.42 acres and
increase the R-15 zone from approximately 15.1 acres to
approximately 19.2 acres.
B. Short Plat consisting of 2 building lots and 2 common lots on
21.59 acres of land in the C-C and R-15 zoning districts.
C. Conditional Use Permit for a multi-family development
consisting of 196 residential units on 20.13 acres in the R-15
zone.
D. Modification to the existing development agreements (Inst. #'s:
106151218; 107025555; 110059432; and 114054272) for the
purpose of removing the subject property from the boundaries
and terms of previous agreements and enter into a new one,
consistent with the proposed development plan.
Simison: Next item up is a public hearing for H-2020-0022 and we will open this public
hearing with staff comments and turn this over to Joe.
Dodson: Thank you, Mr. Mayor. Again as noted this is the application for Modern
Craftsman at Black Cat. The applications being heard tonight are a rezone, short plat,
development agreement modification, conditional use permit and, then, on the staff side
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private streets and administrative design review. The site consists of approximately 23.6
acres of land that's currently zoned C-C and R-15, located at the northeast corner of Black
Cat Road and Chinden Boulevard. The adjacent land uses as noted in the -- the zoning
map in the center is R-8 and R-4 zoning to the north, C-N zoning and the future church
site to the east. Chinden Boulevard abuts the site to the south with a residential and small
limited office zoning on the south side of Chinden across the street and North Black Cat
abuts the site to its west with C-C zoning and future commercial planned on the west side
of Black Cat north of Chinden. The Comprehensive Plan designation on this property is
mixed use community. The application before you, as I noted, is for a rezone, short plat,
DA mod, CUP and private streets. The subject site consists of approximately 23 acres of
land zoned C-C and R-15. The requested rezone is to simply move the boundaries of the
existing zoning, but not to change to any of the zoning designations. The future land use
designation lists properties as mixed use commercial -- sorry -- mixed use community,
which generally requires three distinct land uses and any residential use to be constructed
at a six to 15 dwelling unit per acre density. Modern Craftsman is proposed with a gross
density of 6 point -- or 8.7 dwelling units per acre. When analyzing projects within the
MUC future land use, the approved and/or developed land uses nearby must also be
taken into account. The proposed project offers an area of commercial zoning that should
accommodate multiple future uses. The commercial area is proposing two building sites
that have multiple suites, so there is potential that multiple distinct land uses will be
available on site. Access for this development is proposed via private streets off of North
Black Cat Road and West Tree Crest Way along the north -- the street abutting the site
to the north. The two proposed access points of Black Cat have been approved byACHD,
but typically access to Black Cat is limited by the city. Staff has written a DA provision in
the staff report regarding this. After further discussion internally and with the applicant
I'm okay with striking that condition, which would be DA provision 8.1 F and I'm sure the
applicant will have more words to say on that as well. ACHD has approved the southern
access to Black Cat as a limited right-in, right-out only. The applicant is also proposing
an access in the northeast corner of the property that connects to a shared driveway with
the Rock Harbor church site. Access via Chinden Boulevard is prohibited and not
proposed. Private streets are proposed throughout the development and due to the
nature of the proposed use staff believes private streets are appropriate in this
development. Other than future commercial, the proposed use on this site is multi-family
residential. However, it is not a traditional garden style apartment type of multi-family. It
is a hybrid of single family style homes within a multi-family development, which, by
definition, is just more than two buildings on one single lot -- two dwellings -- more than
two dwellings on one lot. The proposed units are a majority of single story, one, two and
three bedroom detached units with garages -- or without garages. The applicant is
proposing traditional apartment style parking, but some units do have attached one car
garages. Townhomes are also proposed and all these units have attached garages on
their first floor. Largely the proposed residential units in this development look like
detached single family homes, but have on-street parking and less private open space
and a standard 4,000 or 8,000 square foot single family lot. Off-street parking is required
to be provided in accordance with standards listed for multi-family and for commercial
uses. The minimum amount of parking required for the multi-family portion of this
development is 360 spaces, with 196 of those required to be covered. The total minimum
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parking required for the development is 415, including the commercial space. The
submitted and revised plan and conditional use plan shows 508 spaces for the entire
development. The revised commercial area with a two story concept on the corner
provides approximately 27,000 square feet of leasable commercial space. The minimum
required parking for the proposed commercial is 55 spaces. Therefore, the proposed
parking counts exceed the minimum UDC requirements. Open space requirements for
this project are two tiered. The project must meet the general ten percent open space
requirement and the common and private open space requirements in the specific use
standards for multi-family development. In total the minimum amount of common open
space to be provided should be 3.42 acres. The applicant has provided and proposed a
total of 3.74 acres of qualified open space, of which 2.2 acres qualifies for the minimum
ten percent and amounts to approximately 10.3 percent. The remaining 1.52 acres of
open space meets the requirements for this specific use standards for common open
space. In addition to this common open space, the applicant is required to provide at
least 80 square feet of private usable open space per unit. On average the applicant is
proposing 419 square feet of private open space for each unit, which is what separates
this from traditional walk up garden style apartments. The applicant and staff have
worked closely and diligently to design the open space in such a way to integrate the
commercial with the residential as required in the mixed use community policies and
goals. This integration and the proposed use allows for increased pedestrian connectivity
as seen throughout the site. The open space meeting the requirements consists of a ten
foot multi-use pathway within the Chinden landscape buffer, common lots with open
space, and the required street buffers along adjacent roadways. There are also a number
of proposed amenities within this development. The multi-use pathway is a qualifying site
amenity that meets the requirements in standard 11-3G3 requirements. Other
requirements -- other amenities are required to meet the specific use standards and what
are proposed to meet those is a clubhouse with offices for rent by the residents, a tot lot,
a swimming pool, picnic shelters with barbecue areas, a community garden and a plaza
that is shared between the commercial and the residential. The proposed dog park area
seen on the open space exhibit is not a qualifying site amenity due to it not meeting UDC
requirements. In addition, the applicant is proposing 102 self storage lockers, each about
12 square feet spread throughout each of the garage parking buildings. This is also not
a qualifying site amenity, but will likely be used regularly. The Planning and Zoning
Commission heard this twice and recommended approval. At the first hearing they moved
to continue it and had a request for the applicant to add additional commercial square
footage and commercial zoning to the property and the applicant responded by doing so
and changed one of the buildings along Black Cat from a traditional townhome style unit
to a live-work vertically integrated structure as seen on the left-hand side here and also
changed some of the parking and dynamics of this commercial area. There were 49
written testimonies outlining the same issues brought up during the hearing, with an
additional comment of a desire by a number of the neighbors to have this area developed
similarly to Spurwing and not be a mixed use development. The main issues of the public
testimony was regarding the amount of parking, the location of any public transportation
or lack thereof, the affordability of the proposed apartment units and the amount of
commercial on the property. The Commission discussed -- also discussed the amount of
commercial acreage on the property as noted. They discussed the viability of
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incorporating vertically integrated, which the applicant took to heart and added that to the
property. They discussed whether parking is allowed along Tree Crest Way, which as an
answer it is not, because it is a collector roadway. They discussed the design of the
proposed commercial on the hard corner, specifically whether it should be one or two
stories, and the potential issues and resolutions of the required 25 foot buffer between
the commercial zoning and the residential buildings. The one change that Commission
had to the recommendation was to update my staff report to include the provisions from
the memo from the second meeting and add that to the -- to the application. The only
outstanding issue for City Council is that they will need to request a waiver from the City
Council to reduce the land use buffer between the C-C zoning and the multi-family units
proposed on the R-15 portion of the project, specifically that area between the clubhouse
and the smaller commercial -- yeah. These areas right here and the residential. Since
the commission hearing there has only been one additional public testimony and it
outlined the same issues as previously presented. I added some elevations here for the
benefit of the Council. This is some of the vertically integrated buildings that they had
shown and the corner commercial of the two story concept, which Planning and Zoning
had discussed and would prefer the two story as would staff. These are the revised
townhome elevations that added some additional materials and color palettes. And with
that I will stand for any questions.
Simison: Thank you, Joe. Council, any questions for staff?
Borton: Mr. Mayor?
Cavener: Mr. Mayor?
Simison: Councilman Borton.
Borton: Quick comment, Joe. If you could comment on any discussion or change with
regards to the location of the pool, it being adjacent to the commercial and that eastern
end there, was there discussion of why it's somewhat on the outside of this -- this
proposal, as opposed to being more internal and away from that commercial parking lot?
Dodson: Councilman Borton, Mr. Mayor, Members of the Council, there were not
discussions at the commission meeting, but there have been discussions between staff
and the applicant regarding that. They have moved this further east from the original site
plan and what we tried to do as a compromise was integrate the central open space area
as a true vista that will connect all the way from the east to the west. I presume that the
applicant can speak a little bit more as to why they would like it westerly, rather than
centrally located, but I do know that that is one -- one reason why we really pushed to get
the open space connected between the two areas.
Borton: Thank you.
Simison: Councilman Cavener, did you have a question as well?
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Cavener: I did. Thank you, Mr. Mayor. Joe, you know, I followed kind of the -- the history
of the -- the change in C-C from the Planning and Zoning Commission, but can you just
kind of give me a brief rundown as to what precipitated the first request to reduce the C-
C zone down -- I think it was from like seven to like three and change.
Dodson: Councilman Cavener, Members of the Council, yes, the existing zoning on the
site, as seen in this, has a larger area on the western half that's approximately seven and
a half acres of C-C zoning. The applicant is requesting to reduce that to now
approximately four and a half. Originally it was only about one and a half and, then, we
increased it a little bit more with some internal discussions with the applicant and, then,
at the Planning and Zoning Commission it was approximately two and a half acres --
Cavener: Okay.
Dodson: -- that the Commission asked them to increase it more and now we are to the
four and a half acres. But the -- the acreage is not necessarily the important part, it's
really the leasable square footage, which is now approximately 27,000 square feet with
the two story concept on the -- on the hard corner.
Cavener: Okay.
Simison: Council, any further questions at this time?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: So, Joe, to confirm, how many acres of C-C zoning -- or how many acres of
proposed commercial spaces?
Dodson: Now the acreage is about four and a half acres.
Bernt: So, you say about -- so, that is -- it is above four?
Dodson: Yes. It's definitely above four.
Bernt: Of the total. So, roughly a little bit more than half of the -- the currently zoned
C-C area is proposed to be commercial?
Dodson: Yes. Yeah. More than half of the remaining -- of the existing. I apologize.
Simison: Okay. Would the applicant like to come forward? Please state your name and
address for the record and you will be recognized for 15 minutes.
Nelson: Thank you, Mr. Mayor, Members of the Council. Deborah Nelson. My address
is 601 West Bannock in Boise and I'm here on behalf of the applicant. Here with me
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tonight are members of Baron Properties, Jeff Riggs and Greg Hector, as well as some
other members of our local development team and they are all available to answer your
questions. Just briefly to introduce Baron Properties to you, it's a company that was
founded in 1983 and they have developed and operated over 125 residential communities
across the west. Their core business, among other businesses, is multi-family housing
for rent and what's -- what I really want you to understand about their products that's so
special is that these are high end developments, highly amenitized that they own, operate,
and maintain, so that the residents that live there can have the quality of life that they are
looking for, but without any maintenance or upkeep. I'm going to start with a fly through
video just to give you an overview and introduce you to the Black Cat project -- Modern
Craftsman at Black Cat. This is just a little under four minutes and, then, we will discuss
some of the details. It's playing the sound, but not the video.
Johnson: We are changing the Zoom share.
Nelson: While we are waiting on that I will continue with a few points. As Joe mentioned,
this site is already annexed into your city and it's already zoned C-C and R-15, the same
zones that we are seeking now, and so we are not asking for any uses that weren't already
contemplated when the city zoned this property and, in fact, the multi-use -- the -- the
multi-family use is conditionally allowed in both of those zones and so we are not
proposing anything that couldn't have happened without changing the zone sizes. That
was already contemplated and so was this level of intensity of development here. Thank
you so much.
(Video played.)
Nelson: Thank you. I hope that gives you a good overview of what it feels like to be in
the development, to live and feel and see the architectural variety. I'm going to start by
looking at some of the nonresidential uses with you. I think Joe has covered the -- the
site plan well, but we are primarily going to start down here in the southwest corner. Talk
about some of the mixed uses. Over 20,000 square feet of space is available for
commercial uses and this will complement the Fairborne commercial that's directly across
Black Cat and also some of the larger regional commercial developments, Costco, is just
.7 miles to the east. The Central Valley plaza is just a half mile to the west. Focusing on
the clubhouse first and the nonresidential aspects of it, we have over a thousand square
feet of office space here, including three offices and conference rooms that can be
reserved and used for meeting space by the residents. Also we will have our office space
for our on-site leasing and maintenance staff, which are full time. We have added this
commercial pop up space in discussions with staff and we are very excited about it. This
is across the landscape plaza from the clubhouse and it creates an opportunity for some
shorter term leasing in a variety of smaller commercial uses. We call it a pop up, because
it allows that variety for shorter term leasing, but it is still a very permanent and beautiful
building. We also added in discussion with staff and the commission this vertically
integrated product that Joe described, with commercial on the ground floor, over 5,000
square feet, and residential upstairs with six units that will provide a nice opportunity,
again, for a variety of different sizes, little longer term here looking at more like a year
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lease. So, you get a different type of commercial users in here. Attractive on both sides,
so that it fronts well on Black Cat and, then, opens up nicely to the site. This is the other
side of that building. Very attractive on both sides. On our commercial corner we did
provide two concepts, a single story and the two story. Both options will create a very
striking presence on the corner, while opening up and integrating internally to the site.
The amount of usable commercial does not vary significantly between these two because
of the extra parking that's required when you add the two story. We do request some
flexibility in the building height to be able to respond to actual market conditions. We want
to make sure that we are able to attract compatible retail and office uses to this location
and we want to make sure this corner is viable and activated. Turning to some of the
residential homes here. The R-15 portion of Modern Craftsman is going to have a wide
variety of housing types and sizes. We are primarily targeting millennials and baby
boomers, who want an amenatized home without the maintenance responsibilities. We
will have one and two and three bedroom offerings and detached homes and attach
product, duplexes and six-plexes, some with attached or tuck under garages. All of these
residential units will provide private outdoor space, most with private backyards. All of
the buildings will use quality materials, including stone and stucco and wood tone sidings.
The roof lines provide variety with some single slope and hip roofs. Three color palettes
provide variety, but also create cohesiveness and complimentary color schemes. This
slide shows a duplex on top, a detached two bedroom on the lower right, and a detached
three bedroom on the lower left with different roof lines and colors. This slide shows a
two bedroom with an attached garage on top, two bedroom on the lower left, and a three
bedroom on the lower right, all detached units with different roof lines and colors. This is
one of our six- plex buildings. Each unit is two stories, with a tuck under garage, in a
townhome style with two and three bedrooms. The other side of the building. The site
plan here shows you how these -- this great variety is distributed throughout the site to
make it feel like a neighborhood where you have got intermixed unit types and so this --
these colors are just for illustration of the different types. Throughout the central part of
the development the homes are detached and single story, which integrates well to our
neighboring communities. On the western and eastern end we have more of the two
story product with our live-work building and the townhome style six-plexes, which are
adjacent to both Black Cat on the west and, then, the Rock Harbor church on the east.
This slide similarly shows the architectural variety that's distributed throughout the
community with all the different roof lines and color palettes. We have ample parking on
the site, as Joe described, with 84 attached garages, 36 detached garages shown in the
green buildings here, 134 covered parking spaces and that's the orange that's highlighted
here. We also have 102 storage units that are located inside the garage buildings, which
is a great amenity for our residents. Turning to amenities, these are distributed throughout
the site. We do have a focus on having some of our activities concentrated together to
integrate between the residential and the commercial. They create both buffering, but
also create integration for people to join in the public aspects of this. We have got a dog
park in the northwest for our community. The clubhouse with the fitness center and pool
inside the clubhouse. We have got the workspace as I mentioned. The coffee bar and/or
gathering spaces. A kitchen. And, Council Member Borton, you asked about the location
of the pool and the -- and the clubhouse, so I want to touch on that. It's purposeful to --
it is -- it is centrally located in this location, but it's very purposeful to allow residents to
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choose whether they want to be next to active amenities, as many of the residents will
choose that very purposefully, but, then, also create some more private quieter spaces
within the development. They are all connected with pathways. At staff's request we did
add the western park and picnic shelter and barbecue so that there is a closer amenity
but it also still is a quieter scale so that people who don't want to be next to a pool can
choose not to be. We also have a tot lot. Publicly accessible plaza that integrates our
residential amenities with the public facing commercial amenities. A community garden
and that eastern park that I mentioned. The pathways are extensive and this really
creates a very pedestrian friendly development here and Joe walked through the multi-
use pathway. In the interest of time I'm going to move on -- quickly on the inside
amenities. These are great living spaces with modern finishes, stainless steel appliances,
in-unit washers and dryers, nine to 12 foot ceilings. These are very quality places.
Looking at services, this is an in-fill development and so all of the services are available
to serve the site. Police and Fire didn't have any concerns. ACHD has approved and we
-- all conditions of approval are acceptable. All of the schools that serve this site currently
have capacity. We asked for two changes in the conditions of approval. One is to delete
a condition that is no longer necessary in our discussions with staff related to our access
points that have been approved by ACHD and are consistent with your code. Secondly,
as mentioned already, we asked to amend this condition to allow us the flexibility for a
one story or a two story building, to allow us to respond to market conditions and still
make sure that we can have an active and viable commercial corner here. We do also
need a waiver, as Joe mentioned, from your code that requires a 25 foot landscape buffer
between the C-C zones and a residential zone. The intent of this code requirement is to
create separation between different and potentially incompatible zones. That's not the
case here. We have a single owner and operator, a single unified community that is
actually purposefully integrated and purposefully designed to be connected to have those
uses adjacent to each other. The pool area, the tot lot, the community plaza and our
community garden already do create the buffering that's appropriate, but it also allows us
to have residents that can choose to be right next to that if they want to. So, with that I
would ask for your support of this development, support of the waiver, and I would stand
for any questions you may have. Thank you very much.
Simison: Thank you, Deb. Council, any questions for the applicant?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: Go over real quickly one more time what -- what Deb is asking for to be waived.
Nelson: Mr. Mayor, Council Member Bernt, I would be happy to address that further. So,
you have a code requirement that requires a landscape buffer in between a commercial
zone and a residential zone, really contemplating that you have two different developers
on those sites and we are asking for that item to be waived. Your code expressly allows
it to be waived and -- and so we are asking for you to enact that waiver for the
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circumstances presented here and to approve the setbacks that are shown in the site
plan.
Bernt: And to -- Mayor, follow up. And to also have the option of going from one to two
stories in the commercial building on the corner; right?
Nelson: Mr. Mayor, Council Member Bernt, that's correct. We asked you to amend
condition 1-A sub I to allow either a one story or a two story commercial. Both concepts
are shown there and you can see that they are similar and provide the same opportunities
on the corner and internal.
Bernt: Finally, Mr. Mayor, just the access --
Nelson: Mr. Mayor, Council Member Bernt, appreciate your question on that, since I did
kind of race through that. I want to make sure it's clear. So, there is a condition that
currently requires us to obtain Council approval for the access points along Black Cat.
You can see we have two access points on Black Cat. In further discussions with staff
we were able to demonstrate that we do comply with your code and so a waiver is not
required there and, further, that the access points that are on Black Cat are directly across
from the access points approved on Fairborne. I think there was some misunderstanding
about that before and so as a result planning staff -- and they can speak for -- Joe can
speak for himself, but we -- we understand that they support removing this condition of
approval to restrict the access points on Black Cat. ACHD has approved both and there
-- they help us internally with our site, both to support -- support the viability of this
commercial corner and also to help us have a more pedestrian friendly internal circulation.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Thank you so much for this detailed presentation. I want to touch on the -- I
think it was commissioners requested some additional green space there on -- on the
eastern side. Just curious, it seems to me like the -- the two story townhomes that are on
the eastern side, that they would want to have more access to green space as they don't
have any -- really any green space around them, like -- like the detached units do and so
I -- it's -- it seems to me that's a pretty significant distance to get to most of the amenities
on the western side. Can you tell us more about your -- you know, the thought process
on that and why the -- the amenities wouldn't be more evenly spread out through the --
throughout the development?
Nelson: Mr. Mayor and Council Member Perreault, I have pulled up a slide to try to
illustrate I think what you are asking about here and -- and, yes, it is actually a very
purposeful design to create different areas within the development, so that, you know,
what -- what -- with all the experience that Baron has in developing these types of
facilities, they have found that people will make choices based on their preferences and
some people like to be right next to a pool and an activated open space area and others
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would like to have a distance from that to have a quieter home and residents and they
also enjoy the walking community. You know, keep in mind this is actually a relatively
small site. We are talking about a 20 acre site. You look at these connections between
the east and west and the pathway that runs east-west right through the middle connects
directly to that pool area and so the other thing that went into our discussions with staff
-- we did previously have the clubhouse up in the northwest corner and so we moved it
down in discussions with staff. It also helps us create that integration that's called for in
your Comprehensive Plan between residential and commercial uses and so in
redesigning this we were able to add the new community plaza that is directly to the south
of the clubhouse and directly north of the pop up area and that was made possible by
having this in this location adjacent to the commercial. So, we felt like it kind of hit the
best of both worlds where our residents get the access that they want, but it also allows
us to integrate with the commercial better and kind of blend those uses.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Deb, a couple questions. I just wanted to touch on access again. The first
access point is a right-in, right-out only. Is the second one, the main entrance, is that --
do they have access to a left turn or is that right-in, right-out only as well?
Nelson: Mr. Mayor, Council Member Hoaglun, the second access -- the further to the
north is a full access point.
Hoaglun: Okay. And follow up, Mr. Mayor.
Simison: Councilman Hoaglun.
Hoaglun: Do -- Tree Farm Way, they do have access to that. Is there going to be a light
there someday or is that just right -- right-in, left turn only? That's to the north of the
development.
Nelson: Mr. Mayor, Council Member Hoaglun, that's Tree Crest and there is no light or
expected to be a warrant there. That's a pretty small intersection there. It does connect
further over to the east to Tree Farm I think you are thinking of. Yes.
Hoaglun: And, Mr. Mayor, one more question related to the commercial.
Simison: Councilman Hoaglun.
Hoaglun: Thank you, Mr. Mayor. Deb, I think I read during -- in the Planning and Zoning
there was -- the two story building was going to have parking underneath at one point in
time. What -- is that still how a two story would be designed?
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Nelson: Mr. Mayor, Council Member Hoaglun, that's correct. Atwo story building in order
to, you know, accommodate the parking would be designed with some parking
underneath and so if you look at the lower picture on this slide over on the left side, that
lower level would be parking that's accessible. So, it's very tastefully integrated. That's
also why there is not a significant difference between the one and two story on commercial
space available.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: If we can dialogue about that, Deborah, a little bit. Yeah. I was trying to think,
okay, if there is parking on that left side and it's a two story building, your actual footprint
for -- for commercial is one story with additional parking. If you just go to one story we
don't add parking. Is there sufficient parking for that commercial building if it is one story
with just that surface parking? Just trying to see how that -- how that balances out.
Nelson: Yeah. Mr. Mayor, Council Member Hoaglun, they are great questions and we
wrestled with that in a lot of detail with the commission, so I kind of had to quickly cover
it here. They are good questions. And -- and to be clear, the parking that's on the -- the
first floor of the two story doesn't cover the entire footprint and so there is two story, if you
look to the -- to the right side, the western side of the building, it is two story integrated
commercial use and so it's a -- it's a partial podium parking, you know, which is, you know,
an expensive building, obviously, but that makes it look pretty nice. But the -- the
commercial square footage on either -- whether you are looking at a single story or a
multi-story building, does accommodate a variety of uses and spaces and so the range
is from approximately 13,000 square feet to approximately 19,500 square feet and either
way there is sufficient parking under your code and ample parking. As Joe mentioned,
we exceed all of your parking requirements and so the parking here -- here actually was
redesigned in discussion with the commission. That's part of what happened with the
redesign of adding more commercial areas, they wanted a parking lot that you could pull
in and out of that didn't have parking spaces that backed into the road and so it's actually
a pretty good sized surface parking lot with internal spaces as well if needed for a two
story.
Hoaglun: Mr. Mayor, Deborah, thank you.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Thank you, Mr. Mayor. Deborah, question either for you or for your team and
you used a term that -- that I have to say I really agree with that this project is very
deliberative, but I do have a little bit of a question as we see kind of the -- the elevations
of these buildings I do have a little bit of a concern that they -- they all seem to look very
similar. I like diversity of housing and both diversity in size and aesthetics and I just -- I'm
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trying to visualize this as I'm driving down the road and we have got a couple of spots in
Meridian where we have seen this where kind of all the housing looks alike and I'm just
curious if you can help me understand why -- the thought process was around this
particular type of design and why it all, for the most part, looks the same.
Nelson: Mr. Mayor, Council Member Cavener, I would be happy to. I actually think there
is a lot of variety here in the housing. Just on this slide alone you can see the different
styles of roof lines and within each of the unit types -- for example, in the two bedrooms
there are multiple layouts that create different frontage and -- and shapes and sizes of
these products with the mix of attached and detached product. The three different color
schemes are intentional to both provide some variety, but also I think -- and more
specifically in response to your comment, Council Member Cavener, is about trying to
create some kind of cohesiveness and you do see that and, you know, for owner single
family residential as well and so you are trying to create something that doesn't look
incongruous with -- with each other, but, then, also has enough variety that when you
walk down the street you can see a variety of roof lines and a different -- and a variety of
homes. I guess, again, I would ask you just to keep in mind we are --we are talking about
a 20 acre site and, you know, what's so special and unique about this development is
rather than having your kind of standard, you know, garden three to four story walk up
apartments that could have -- were certainly contemplated by the zoning on this site, they
are able to create more of a community neighborhood feel and -- and part of that is having
that cohesive look together. The -- the Planning Commission did comment on this and
really liked the architecture style. We got a large amount of praise from them. They liked
the modern look and the clean lines. They thought it was a very attractive development,
you know, for what it's worth, sharing their -- their comments with you.
Cavener: Appreciate that, Deb. Mr. Mayor, a follow up if I can.
Simison: Councilman Cavener.
Cavener: Thanks. And, again, I -- I read through the minutes and I don't disagree, I just
-- with what the Planning and Zoning Commission said, it just -- it does just all appear to
be kind of one very similar style. But I guess my follow-up question was -- if you can pull
up your slide on the impact of the schools, because --
Nelson: Yes.
Cavener: -- I'm curious about where that piece of information that you shared about
impact on the schools came from, because I think that is a different number than we have
seen I think in our letter from the school district. So, I'm just trying to track where that
data came from. Maybe the letter from Joe Yochum that we received was -- year 2019-
2020 and if you have got 2020-2021 enrollment that would be helpful to understand.
Nelson: Yes. Mr. Mayor, Council Member Cavener, thank you for the question. I did
have to race through there, but I would love to provide that explanation.
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Cavener: That's okay.
Nelson: And so since we received the letter from the school district we were able to
update these numbers. As you know, the school district has a new facilities plan that's
been issued and also we were in discussions with the school district to update this,
because Star Elementary has been expanded and also they have the updated numbers
for enrollment for Star Elementary in the new facilities plan. I would note, too, that 625
was the number we heard from the school district directly. Their plan actually believes
that they have got a capacity of 650 there, but we went with the lower number and so that
-- that is an update since the school district's letter provided many months ago on this
project. There -- it's not different on the middle school or the high school, the only
numbers that have changed is Star Elementary, which I think you guys are aware of went
through a recent expansion.
Cavener: Mr. Mayor, follow up if I may.
Simison: Councilman Cavener.
Cavener: So, Deb, the number for Star Elementary is for the 2020-2021 academic year.
Correct?
Nelson: Mr. Mayor, Council Member Cavener, that is my understanding from our
discussion with the school district.
Cavener: Okay. Thank you.
Simison: Council, any further questions for the applicant? Okay. Thank you very much.
Nelson: Thank you very much.
Simison: Mr. Clerk, I assume we had some people signed up to testify on this?
Johnson: Mr. Mayor, we do. None online, but we had six people sign in in the room, one
wishing to testify and one as maybe testify. First we have Jessica Rieke.
Simison: If there is anybody who is on the Zoom call that would like to testify, please,
indicate by raising your hand at the bottom of the call and, then, we will bring you in.
Thank you, Jessica. If you can state your name and address for the record and be
recognized for three minutes.
Rieke: Yes. My name is Jessica Rieke. My address is 6911 North Callery Pear Avenue.
Good evening, Mayor, Members of the Council. Thank you for having me tonight and
allowing me to speak. My name is Jessica Rieke and along with my husband Kenneth
we are proud homeowners in the Spurwing Heights community. I also have the honor of
serving as the vice-president on our HOA board. I feel it's important to note we chose our
home based on the quality of amenities of our community that it offers, specifically the
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clubhouse membership, the park in the center of our small community, the quality of our
home and, finally, the understanding of a sound investment given the area and many
more. I deeply hope you will -- you will seriously consider the testimony from myself and
so many of my neighbors who have submitted their writing online previously, offering their
strong dissent for this project as it is currently proposed, specifically with regard to the
issue of the high density housing. I understand Ms. Nelson comment -- commented that
this zoning -- and forgive me, I'm not completely clear, but she -- she commented that the
zoning was already established for communities such as this. It may be permissible, I
don't agree that it would be beneficial. As you are fully aware, a lot of the concern focuses
around the encroach -- on the encroachment on my quality of life, as well as the
neighbors. Ultimately, though, this developer may not agree, I will argue this is not the
highest and best use of the land. It's easy to see that the Spurwing community in Meridian
has a reputation of excellence and being slightly set apart from other neighboring
residential developments. A high density, regardless of how nice -- and they do look nice.
I don't disagree that they are beautiful. I just think that it would be better suited in a
different plot of land. It will perpetuate -- perpetuate diminishing property values in our
community. I don't know if any of you have had the opportunity to drive the area, but
though ACHD may give their sign off, the area is quite small. The question by one of the
members of the Council was about a light. A light will not fit there. The traffic will not fit
on Black Cat on Tree Crest. And the question of the schools I believe is a good one. I
believe that this will greatly contribute to the overcrowding of schools. And, then, the
totality of the overall development and projects in our area makes this particular project
as it is currently proposed essentially a square peg in a round hole. It's -- it's meeting
development requirements, but I don't believe it will be sufficient for a positive quality of
life for the adjacent Spurwing communities. And, ultimately, I don't agree that it would be
for this proposed development. If this was a proposed development of say something
like residences for those are -- those 55 and older, I'm certain this discussion would look
much different, if at all, given it would substantially mitigate and to do several of the
concerns around the parking, traffic, and -- and school enrollment.
Simison: If you can summarize, please.
Rieke: Yep. I, obviously, can't provide my support for this project at the current point and
I propose this project be placed on hold until the developer -- developer can present a
plan that serves the interest of the community, one with a significantly lower density and
appropriately reflects the values that residents of this community hold dear. I understand
these are very micro level concerns I have. However, I do believe there needs to be a
higher, more macro level discussion about the way that we are building and handling --
dealing with this burgeoning growth within the Meridian city. Thank you for your time.
Simison: Thank you. Council, any questions?
Cavener: Mr. Mayor?
Perreault: Mr. Mayor?
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Simison: Jessica, I think there might be some questions for you.
Rieke: Oh, I'm sorry.
Simison: Councilman Cavener.
Cavener: Thank you, Mr. Mayor. Jessica, first thanks for serving on an HOA board. I
don't think there is any more thankless job in government than serving on the
homeowners association board. So, thanks for doing that.
Rieke: Yes.
Cavener: But my question is about one of your comments towards the end about asking
this project be on hold to lower the density --
Rieke: Uh-huh.
Cavener: -- and I'm just curious kind of from your perspective how much lower do you
think is -- is sufficient in your opinion as somebody who lives over in that area and you
have, obviously, an opinion on that, I just-- I don't like open ended requests, I like to know
specifics, so I'm just curious where you stand on that.
Rieke: Sure. Thank you. I appreciate that clarification. You know, we have just east of
this development along Tree Crest we actually have townhome type dwellings and they
are -- they are dual -- I believe that if you were to significantly reduce these --what would
it be six -- six dwellings within one building, if you were to significantly reduce those or
even potentially eliminate that it would be significantly helpful, but I do -- I would ideally
like to see these be single dwelling residences or townhome type -- townhome type
residences. Does that answer your question?
Cavener: I get to the point that you are trying to make. I don't think it necessarily
specifically answers my question, but it just gives me additional insight into your thought
process. So thank you.
Rieke: I will say this, Mr. Cavener. I think that 196 dwellings here significantly increases
the population and I would -- I would -- I would guesstimate that cutting that in half would
be appropriate.
Cavener: Okay. Thank you.
Rieke: Thanks.
Simison: I think Council Woman Perreault had a question next.
Rieke: Okay.
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Perreault: I do. Thank you, Mayor. And it is similar to Councilman Cavener's, but maybe
in a bigger picture. I guess I'm curious if there was a bigger expectation that this -- there
would be more commercial use and less residential use is -- just more as Councilman
Cavener was saying, more clarification on -- on -- we always want to know specifics and
what it is that the -- that you and the neighbors had anticipated would go in here. I know
there has been changes made to the plans, the design, the amount of commercial versus
residential since the Planning and Zoning Commission hearings have happened, so it --
was there an expectation of something different than what was presented and also, you
know, it sounds like there is some idea of what should go here instead of what is
presented and -- and more -- more detail on that. Sorry, if that's a bit of a duplication of
Councilman Cavener, but I -- I'm still not a hundred percent, you know, understanding
what the trade-off should be.
Rieke: I appreciate the question. Though I can't speak for everybody in our community,
I do think that, you know, additional commercial space would help mitigate some of the
concerns that we have here. You know, to be completely honest with you, I think that -- I
think that everybody is understanding that this is a beautiful piece of land, it's -- it's an
amazing location, it's just simply the -- the high density, the amount of people they are
planning on cramming on this -- this plot of land is very concerning. So, if it were to be
something more like a single use -- single family household type development with more
commercial say space -- you know, the fact that they are trying to bring the commercial
space down is even more concerning. So, to answer your question, yes, it would be that
there would be a greater addition or emphasis on commercial land and, then, obviously,
mitigating the amount of multi-family dwellings in this -- in this place. Does that help
answer your question?
Perreault: Yes. Thank you.
Rieke: Okay.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Yeah, Jessica, if you wouldn't mind. I -- it sounded like to me your testimony
-- the commercial you weren't concerned about, it was the R-15 zoning, which it has, and
which allows that more -- that density; is that correct?
Rieke: Yes. That is correct.
Hoaglun: Okay. And, Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Yeah. And I think on the other side it -- if I recall seeing the maps correctly was
R-8. So, that's -- that's the issue we have is if that was R-8 we could certainly, you know,
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go lower and -- or if the developer came in, but if they are within that R-15 allowance it's
-- it makes it a little more -- more difficult. We got a mix of R-4 there to the north of this
property and, then, the -- the -- in the light yellow, darker yellow, is R-8. So, that's trying
to -- trying to work our way around that to figure out how does that -- how does that flow
and match. So, that's -- that's the -- if you would care to comment on that I will certainly
allow that.
Rieke: Sure. I think -- I think that is understood. I just think that it is prudent for all of us
as homeowners in this beautiful community that we express our -- our concern despite
zoning as it currently stands. Again, to my point about looking at this at a macro level and
understanding -- thinking how this is going to impact the city and our community ten, 20
years from now, I think it's an important discussion. Again, I understand that the zoning
is -- it exists as it is and that presents a very difficult topic of discussion for you. I don't --
I don't envy your jobs here in trying to work through that. However, as I said, I just feel
it's prudent that we are clear and honest about our concerns.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: And, Jessica, I appreciate that. It's good testimony and we want that input. So,
it's greatly appreciated and well done.
Rieke: Yeah. Thank you. Thank you for your time. Any other questions? Okay. Thank
you so much.
Dodson: Mr. Mayor?
Simison: Yes, Joe.
Dodson: If I may clarify for the record. The issue of density is not tied to zoning, it is tied
to the future land use designation, which is mixed use community. So, the -- the use of
multi-family is tied to the R-15, which is a conditional use in that zone, but the density for
mixed use community is six to 15. So, in order to go -- my point being that a lot of the
testimony, both written and public, were wanting to basically duplicate much of Spurwing
here. That kind of density would have to go through a comp plan amendment and is not
what Council has approved in the vision for this property. So, that's why this application
is more to do -- at least the density side of it is more to do with the future land use than
the zoning. So, I just wanted to make that clear for everybody.
Simison: Thank you. Just -- if you want to come up and testify you are welcome to come
up and we can have the staff answer any questions, but you have to do it on the record.
Do we have -- we don't have anyone else who has signed up; correct?
Johnson: Mr. Mayor, there was no one else signed up. There was a Mr. Bennion was
testifying if needed, so --
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Simison: Okay. Come -- come on up and state your name and address for the record
and be recognized for three minutes.
Bennion: Thank you, Mr. Mayor, Members of the Council. Thank you very much for
hearing me tonight. My name is Karl Bennion. I live at 4566 West Sugar Tree Drive in
the Spurwing Heights community just north of this planned development. I, first of all,
want to echo Jessica's comments. We in the Spurwing Heights community and the
Spurwing Greens communities feel very similar in that way in that we are just very highly
concerned about this planned development here. I'm really concerned about dropping
down in the commercial size going down from eight down to about four and a half. That
includes probably approximately 36 more units get brought in. That's 36 more units that
have two to three people per unit. That puts another hundred people and a hundred cars
and everything in that area. So, the more commercial we lose the more residents we are
going to have and more congestion we are going to have in that area. So, I'm greatly,
you know, really concerned about dropping from eight acres down to 4.4 acres. I think
that's going to be a real detriment to that. I worry, too, if they are only building single story
on that -- on that commercial piece, there is going to be more traffic, more congestion in
the whole property. I believe that will spill over -- over onto Tree Crest Drive. 1, too, echo
the sentiment that I would love to see more single family homes, more in the hundred unit
for that size, because Spurwing Heights has both R-4 and R-8 and, you know, if we add
something in those ranges or -- or in there we would feel much more comfortable with
what's going on. I agree it looks like a -- there is a lot of good planning going around this.
I just believe the density is too high around that. I -- I'm really concerned about parking
spilling over into Tree Crest. I know they have talked about it, said it won't, but we all
know with residentials that are rentals sometimes people don't monitor that closely and it
can spill over out onto Tree Crest and, then, we are going to have lots of congestion on
our Tree Crest. Thank you very much.
Simison: Council, any questions?
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Clarification for me, if you would, Karl, and that was on commercial you would
like to see commercial expanded --you know, kept at the eight, it would reduce, but, then,
I thought you said something about commercial increases traffic. So, I didn't know where
you stood on that, so if you would clarify, please. Thanks.
Bennion: Yes. I'm sorry if I misstated that. I want to keep the commercial up as high as
possible like it's -- like it's already zoned for with eight. I think that having more residences
there -- is if we take those -- if you plan to have more commercial acreage there that's
needed for that it will reduce the number of home units by about 36 units, which are 70
people, which, again, with 70 extra units out there that was where the increase would
come. So, I probably didn't state that correctly. Thank you, Mr. Hoaglun.
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Simison: And, Joe, I guess this question is kind of for you, but just so we all understand,
increasing the commercial doesn't necessarily mean you would get less residents,
because they have the ability to go up by a fair amount over what they are currently
proposing.
Dodson: Mr. Mayor, Members of the Council, that is correct. So, again, the density range
is six to 15 dwelling units per acre. They are at 8.7. So, they are at the lower end of that.
They could -- as was stated at the Planning and Zoning Commission, they could have
proposed three or four story tall, you know, apartment complexes and get upwards of 400
units on this plot. That is, obviously, not what is desired and the applicant understood
that and, therefore, proposed a majority of single story single family units, but on a multi-
family plot, which just means more than three -- more than two dwellings on one lot. So,
yes, that is correct.
Simison: Thank you. I just wanted to make sure it was clear it wasn't an inverse
proportional relationship necessarily. Council, any further questions? All right. Thank
you.
Bennion: Thank you very much, Mr. Mayor and Council -- Members of the Council.
Simison: Sir, did you want to come forward and -- did you want to come forward and at
least state your name and address and ask the question and we can get it on the record.
Hammer: Joseph Hammer. I live in Spurwing Heights. 6922 North Agrarian Avenue. My
purpose here is -- I didn't quite understand staff's discussion of zoning versus density. It
made no sense to me. But I'm not an expert in it. So, I just wanted to see if that was
clarified, because my understanding is is that the Council seems bound by the current
zoning without amending the Comprehensive Plan. So, what's -- what -- what's the
difference? I didn't quite understand what you were saying about future use versus
density.
Dodson: Yes, sir. Great question. It's a big question when we deal with these applications
every time from the public. So, there is existing C-C and R-15 zoning. That dictates the
dimensional standards, which is height, setbacks, all of those things. Parking ratios even.
And the -- the uses. That's what the zoning is for. And with the recent update to the
Comprehensive Plan, zoning is now tied to the future land use designation, which is
separate of the zoning. It has a future -- every property, whether it's zoned or annexed
into the city at this point, if it's in our area of impact it has a future land use on it. It's our
way of planning for the future with everything in its full build out intentions at least now.
So, that's where -- if you look at your screen on those maps in front of you, the brown
area, this is the future land use map. This brown area is the mixed use community, which
encompasses this property. This centerpiece has the zoning. So, again, density is tied
to the future land use and not to the zoning. The zoning determines the uses and the
dimensional standards.
Hammer: An amendment to the Comprehensive Plan, which is a future --
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Dodson: If they -- if anybody wanted to turn this property into a medium density
residential, which is what Spurwing is under, then, yes, that would require a comp plan
map amendment.
Hammer: All right. Just one other kind of anecdotal comment. I bike a lot and -- and I
agree with the applicant, it is a very small space. You know, it's all weeds right now or
less, but you can bike around it in a matter of five minutes and so it is small and I know
that the applicant has indicated it's a 20 acre site, but it raises some of those concerns of
being crammed and a little bit too dense. But thank you.
Simison: Council, any questions? Thank you.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I wanted to thank Mr. Hammer for his question. It's not uncommon for that question
to arise sometimes. Most people have a question regard to the difference between future
land use maps and zoning. So, thank you, Mr. Hammer, for clarifying that for your -- your
other residents.
Simison: Mr. Clerk, I see we have Denise LaFever wishing to testify.
Johnson: Mr. Mayor, that's correct. She is joining the meeting now.
Simison: Okay. Denise, if you could state your name and address for the record and be
recognized for three minutes.
LaFever: Hi. My name is Denise LaFever and I'm at 6706 North Salvia Way in Spurwing
and everybody's asking what you want there. I want Bown Crossing over in south Boise.
That's a beautifully integrated mixed use community. When you go back and you look at
our future land use map, there is just -- there wasn't the commercial designation on the
future land use, it's mixed use, and I'm seeing more and more people and developers
wanting to turn them into apartments and residential. I would really like to see the
commercial there. There is also some confusion -- the staff report says that it's going to
be 2.26 acres of commercial is what they are asking for, but Kent Brown's memo says
4.23. So, I'm not really sure exactly how much of that commercial is actually being
developed. I'm in more support of the commercial. This is like the trifecta of commercial.
You have got access points -- a left controlled light at Black Cat and Tree Farm. You have
trip counts and you have roof tops. This spells I love commercial all over it. Plus mixed
use community is supposed to serve the community. A lot of what the amenities that they
talked about in the first application and towards the second application is more about
supporting the current residents that are in the development. The memo on Kent Brown
makes it clear that it is one story, underlined, or two stories. The intent is really to be one
story. If you look at the video it also shows a one story commercial on the corner. So,
their intent is to be more residential and not that two story. It's underlined and it's in the
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video. This is an all residential rental area, which isn't compatible with all the surrounding
areas, which is a high end -- high end home ownership, a lot of pride, and the
neighborhood off to the west has done a really good job on melding with the Spurwing
philosophy of life. One of my biggest issues is the usable space. Although they need the
usable space, when you actually look at usable space it calculates in buffers and other
nonusable amenities that are actually usable. This puts a large constraint on the
neighborhoods around them for these neighbors to be using the usable spaces
throughout this Spurwing community. The nearest park is .8 miles, which is Keith Bird
Park. That is not practical to go across four heavy lanes of traffic, soon to be six in the
future, and coupled with a high density regional compact use of Costco. So, it really is a
lack of usable park space when they put it into the calculations. Not only that, but over at
Costco right to the back they already have proposed 196 bedrooms, 102 units of
apartments in that area. This whole development is -- is basically done on private roads,
with the whole concept of getting higher and higher density in there that's not
commiserative to the surrounding areas --
Simison: Denise, your time has expired. If you can wrap up, please.
LaFever: Okay. I would like to see it closer to a six density, but more open space, more
commercial, and I would like to see the impact be respected to the quality of life of the
people that live around it. Once again, I would like to see it being more of the spirit of a
mixed use more like Bown -- Bown Crossing in southeast. Thank you for your time.
Simison: Council, any questions?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I have a question -- not for Denise. I have a question for staff whenever that would
be appropriate to ask.
Simison: I don't see anybody else wanting to ask Denise a question that I can identify,
so this would be a perfect time.
Bernt: Thank you. Joe, got a question for you, brother. Is -- are we counting the
community center as commercial space? If so, is it made available to the general public?
If not -- I guess I will stop there until -- I have a bunch more questions.
Dodson: No problem. Councilman Bernt, Members of the Council, so one of the revisions
from the Planning and Zoning was to increase the area of C-C zoning from the two acres
to what is now 4.2. Yes, the clubhouse area is part of that, including the plaza. I
understand that that -- well, first, let me say that the clubhouse has about a thousand
square feet of office that is available -- from my understanding it is available or not
restricted to the public, but it is the intent to use it more for the residents of the community.
And my next comment to that is I understand the public's concern and any concern that
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it might be just a token area of additional commercial acreage, which is why I was trying
to harp on the fact of having this two story concept on the corner adds the actual leasable
square footage of additional commercial space, which I find more important than the
acreage of zoning, at least in this case. So, that's -- yes, to answer your question.
Bernt: All right. Mr. Mayor, follow up?
Simison: Councilman Bernt.
Bernt: So, just -- so, to clarify. So, what you are saying is that you are -- they are
considering -- or they are counting the community center as -- as -- as commercial space,
mostly geared toward their own residents, not toward the public. That's true?
Dodson: That is my understanding.
Bernt: Okay. So, how many -- how many acres is the community center sitting on?
Dodson: I honestly do not know, sir. I would say it's roughly --
Bernt: That's roughly. I don't need --
Dodson: -- an acre. It's got to be -- no more than an acre. With the plaza it's probably a
little over an acre.
Bernt: Okay. That's perfect. Thanks, man.
Simison: Mr. Clerk, do we have anyone else who is signed up to testify? If not --
Johnson: Mr. Mayor, we did not. No one online or in the room.
Simison: All right. Anybody else who would like to provide testimony, please, come
forward to the mic and state your name and address for the record.
Brown: For the record Kent Brown. 3161 East Springwood. I have been before you
many times. I have been real excited about bringing this to the City of Meridian as one
of the first places and the part that I think is -- that's kind of getting overlooked is the --
these buildings -- these residential buildings. If we were trying to put the density that the
neighbors are concerned about, my clients would have put a lot more townhouses.
Numerous times in talking with staff they suggested maybe along Chinden putting some
more townhouses. The desire has been to -- to bring this one story detached units --
detached -- some being duplexes, some being completely independent. Some have
garages. So, the -- that they can -- or that are attached to the unit themselves and in
doing the many multi-family projects that I brought before you before, we count
specifically everything that's on the outside of the building that makes the open space
higher. We keep the buildings 20 feet apart, so, then, that means that all of that area is
counted. We have those spaces in here, but they are private. We have --we have homes
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that are basically single story that is planned to an extent that they can be clustered in,
but they -- the people have privacy and they have these -- these yards for their -- their --
their product and what I really liked about Jeff Riggs -- one of the -- the main people with
Baron, he made a comment that if we were looking for property that we were trying to put
density on we wouldn't do townhouses. We -- we do that product places, but we chose
not to do that here and the single story really provides something that's needed in the
market. They have done the research, they have found that people want that experience
and many of us have parents that are elderly -- yes, the --the neighborhood has said that
they would like 55 or older. Well, I see a lot of 55 or older living here, because they have
no maintenance. They have parcel stuff, they -- they -- they have a service to take your
trash to the dumpster for you. They -- they provide care with regards to parking that the
neighbors were concerned about where they pay someone to go around and remove
vehicles that aren't parked where they are not supposed to be and so that it makes this
something that has not been seen in this valley. Yes, you are -- you are used to the two
story and up, but this different -- this is a different product that you haven't seen and I'm
real excited about it and there are with each building different roof styles, so that even
though that they are the same building next to each other, they don't look like the same
building. You can't even do that in a single family neighborhood when you have builder
teams.
Simison: Thank you.
Brown: I will stand for any questions.
Simison: Council, any questions?
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Question for Mr. Brown. I did note that you are required to provide 80 square
feet of private usable open space per unit and you are at 419, which is, what, five times
the required, which we always appreciate when people do more than the minimum, but
is that surrounding the unit? Is that how -- how that's counted?
Brown: Yes.
Hoaglun: Is it more in a back area, as opposed to front and the other is just --
Brown: One of the pictures has areas that are highlighted in blue --
Hoaglun- Okay.
Brown: -- the one that's on the screen right now. Those are all private open spaces. So,
they are fenced, they have yards, there is -- there was one of the slides that show people
sitting there and so that's one of the reasons why having the clubhouse at the one end
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-- you have the people having the ability to do stuff in their own yard, which is what we do
in our single family neighborhoods and -- but what it all comes down to is having that
privacy and something that is highly maintained and taken care of and -- and Baron's won
awards for their maintenance. We area part of the DA for Spurwing, which called out that
we do something similar to this, and staff told us in one of our pre-app meetings that we
didn't have to ask for a rezone. They suggested that we do, because everything that we
are doing we could do in the C-C zone if we didn't change it, so -- anything else?
Simison: Council, any further questions?
Brown: Thanks.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Kent, following up --
Brown: Yes, sir.
Borton: Quick follow up on Councilman Bernt's question. If, you know, you had
approximately eight acres planned for the current commercial C-C zone and at P&Z I
think the rezone application had it -- had it much lower, perhaps that's where the two or
2.2 comes from, but at the P&Z continuance there was a request to put a little more
commercial back into it and that was done to some extent up to the approximate four
acres in the current application. What was -- back in P&Z hearing that allowed for the
requested increase in commercial to the acres that we see now?
Brown: One of the items is the live-work building. It -- it mixes both and as Deborah
talked about early on, to have that mixed use -- one of the -- one of the difficulties about
doing a mixed use product with the way that the city has the guidelines for it is that you
have outdoor and you have plazas and so forth that the commercial takes advantage of,
but that the residents also do. So, if they -- for example, in the pop ups, if-- if someone's
got a fruit stand or they have got an ice cream thing there, they can, then, go to someplace
that's close by and they can eat that outdoors type of scenario. And so that's what's
making this all work in the same area and clustered close together is a part of the reason
why we have to do that and moving those things further down diminishes from that,
because we have to have those same elements for the commercial.
Borton: Mr. Mayor, quick follow up.
Simison: Councilman Borton.
Borton: So, Kent, was -- going into that second P&Z to -- to increase the commercial was
removed such as a residence and converted to additional commercial space or was
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something that was already on the proposal recharacterized to count as commercial,
serving a dual purpose? It sounded like maybe the --
Brown: Like the clubhouse? Is that what you are getting at?
Borton: Or anything else. I'm just trying to get a sense of-- did something come out and
commercial went back in or was something merely recharacterized to count as
commercial?
Brown: No. We -- we put stuff in and the stuff that we put in was the live-work and they
wanted a vertical integrated -- they wanted to have buffering against Black Cat and so
they wanted a two story building there. We have always tried to be mindful of our
neighbors that have been testifying to the north of us, because where we put our fence in
against those neighbors they are not going to see any units and there isn't anybody that's
looking over across Tree Crest at them. So, we have tried to keep everything that's taller
against those roads and against buffering us from the large Rock Church -- Rock Harbor
church building. We have always planned on having offices in the clubhouse, but we
have changed that, so that there -- there is leasable spaces in that clubhouse and Deb
has the numbers with that, so she can speak to that number wise. But one of the things
early on with staff is Baron says that they like to have events and they like to support
community type things and staff said that we couldn't do that in an R-15 zone. So, when
we started talking about relooking at some of those, now we can do those kinds of things
-- neighborhood events from that clubhouse, whether that's, you know, Blue Cross -- or
not Blue Cross -- but Red Cross and other types of functions. Breast cancer and so forth.
Borton: Mr. Mayor --
Brown: One of the things that didn't get discussed is our northern entrance ties in directly
with the roadway that goes over to central village -- or Central Valley with plaza with the
hospital and so forth. So, that's a straight shot out of our development over to the west
for the hospital that's over there.
Simison: Councilman Borton, did you have another question?
Borton: Just --just one final question and, Kent, either you or -- or Ms. Nelson can -- for
that clubhouse community center, is that available to the -- for reservation and use and,
if so, is it --
Brown: I will let her speak to that.
Borton: Okay. And the second question on that is it paid for and maintained and insured
by -- or some other entity?
Brown: I will let her --
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Nelson: Mr. Mayor, Council Members, I would like to offer some rebuttal points, but I
would be happy to start with that last question, if that makes the most sense for you.
Simison: Deb, I don't -- we haven't closed it to other people's testimony, so if you just
want to answer that question, then, we can see if anybody else wants to testify --
Nelson: Okay.
Simison: -- before we move into --
Nelson: I will handle it that way then. Thank you. Council Member Borton, your questions
overlapped with what Council Member Hoaglun was asking as well and the answer is that
the clubhouse is a residential amenity available for residences to reserve those office
spaces and there is approximately 1,050 square feet of office space that is reservable by
the residents. In addition there is office space for our full-time staff and that--that building
could appropriately be located either in the C-C zone or in the R-15 zone. It would be
allowed in either location under your code. It is appropriately in the C-C for the reasons
-- for many reasons, one of which Kent just touched on was having that adjacent plaza
that's open to the public that creates that integration there. The -- the building is only
4,500 square feet. You had asked, Council Member Hoaglun, about the size in particular
of how much land. It's only a 10th of an acre. If you count the public, you know, open
space, the -- the plaza that's really appropriately in the C-C zone, you might get up to a
third of an acre. This is a small footprint. And when we display our square footage that
we are describing without that office space, it's 27,000 feet overall and so it's -- and I --
when I presented I said over 20,000, because we would like the flexibility to go down to
a one story building on the corner. So, I think that hits on all of the questions you guys
asked about the clubhouse, but let me know if there is -- there is more that I missed.
Simison: Okay.
Borton: Sounds good. Thank you.
Nelson: Thank you.
Simison: We are still in a public hearing. Is there anybody else that would like to provide
testimony on this application? If you would like the come forward and state your name
and address for the record, please.
Parkinson: My name is Ray Parkinson. I live at 6925 North Agrarian Drive, just at that
intersection that they claim on the north, that's how I leave my subdivision. So, it's directly
adjacent. I understand that they have done a pretty good job and we understand that
something's going to happen -- something's going to have to go there and it sounds like
they have taken some consideration to make it a cohesive development. However, I just
moved here in June of this year, I wasn't even aware of what was going on here and I
don't know that it would have made an impact on whether I would have decided to live in
the Spurwing Subdivision or not, but it definitely is concerning to me now not knowing
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exactly how that's going to impact my property values and my quality of life here. I
personally would like to see, as mentioned by the --some of the other Spurwing residents,
a little less dense housing and a little more commercial there that would be maybe a little
more compatible to what we currently have in that area. However, I think at this point I
would really like to encourage the consideration of some of the requests that they have
made and the green space on the west side on Black -- Black Cat. I think that we just
need to make sure that -- that the residents there are being fairly represented by our --
our Council Members and I know some of the developers -- they are coming in to make
their money and that's all fine. I appreciate that. And my day job's a banker and I have
been involved in several developments such as this and I'm very impressed with their
presentation, but I would just encourage you to make sure that us as residents are being
considered in these decisions and I would prefer -- you know, like has been mentioned
before, maybe even half the density, but I understand that the current -- they are allowed
to do even more dense housing. So, I guess my whole point is I wanted to make sure
that as you guys make the decisions here that you are considering us as residents of
those neighborhoods in your decisions. So, thank you for hearing me.
Bernt: Welcome to Meridian.
Parkinson: Yeah. Thank you. It's a pleasure to be here. I love it.
Simison: And for Council, Ray has taken over the spot for Toni Smith, who has now
retired, just for people's knowledge.
Parkinson: Some very big high heels to fill, actually.
Simison: Council, any questions? Is there anybody else would like to provide testimony
at this time? Okay. Then the applicant will come forward to close.
Nelson: Mr. Mayor, Members of the Council, thank you and I appreciate the comments
from all the neighbors and also from the -- the question and answer back and forth. I
think it helps us get to a presentation that you can understand all the detailed aspects of
this. A couple of specific points that were brought up. There was a comment about
schools and we already just touched on that. I just want to point out that based on, you
know, West Ada has changed their calculation and that's another thing that's changed
since their original letter as well. They now calculate a .7 for every home, instead of .8.
A .7 would bring us to 137 students. But this development is targeting millennials and
baby boomers and so we actually expect that number to be significantly less and as we
discussed we are within the capacities. Open space was brought up, that we should have
more open space. We actually have 17 and a half percent of open space in this
development, which is significant for its size, and we provide six qualified amenities,
where only four are required. On the comment about traffic, all of the roads currently
meet -- as they have been improved. I think everybody here is aware of all the
improvements that have gone on in this area with the Costco development and widening
Chinden and adding a signal at Black Cat and those roads meet the level of service with
the trips from this development. The development will also be providing almost a hundred
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thousand dollars in proportionate share mitigation to ITD. So, that's a significant
contribution. Plus all of their impact fees to ACHD. The homeowner representative
discussed it would be great if we could have more townhomes. Well, we do have a
townhome. I mean that's what's great is we have that housing product. In addition to
that, we have the detached product that I think truly is more favorable to what we are
hearing from the Spurwing neighbors and so adding more townhomes would add more
density here and we have really tried to limit that and find that right balance. There was
discussion about the commercial size and questions from the Council Member about the
commercial size and the evolution at the Planning and Zoning Commission. The -- the
comments from the Planning and Zoning Commission were that it would be nice to have
around a four acre site, because they thought that added enough opportunity for a mix of
uses. But as Joe has pointed out, there is nothing magical about the acres, it's really
about increasing the intensity of the available space and our original development came
in with 12,500 square feet and so we have doubled that. So, that's really what the
Planning and Zoning Commission was looking at where you could have that synergy of
uses in one location with our six units and the live-work and our four units and the pop
up, plus the corner commercial, we have a lot of opportunity for a mix of uses that people
can walk to with pathways that connect, so that it doesn't just serve our development, it
serves the neighbors, too. The testimony from the neighbors at the P&Z was that they
wanted neighborhood commercial. They don't want an auto based commercial. They
don't want more traffic. And I think that was, you know, flushed out again today, that, you
know, retail trips generate much more traffic than residential and so I think we have tried
to strike that right balance of getting enough commercial here that doesn't create an
unreasonable amount of traffic. We also have the limitations of the site that have to be
taken into account that were part of that balancing act. Chinden has no access and so
with access limitations you can't really develop a larger regional based commercial.
Instead that has happened on other sites around us with Fairborne, Costco, and the
Central Valley Plaza. And this -- this discussion about it would be great if it were just half
the units. I mean Joe answered that correctly that when we are looking at a rezone, the
range of density that your plan has called for here -- your updated plan calls for six to 15
and so it's always been contemplated to be in that range. Even more importantly, we are
currently zoned and so we are allowed to build something up to 15. We are only seeking
the rezone to realign the zones as requested by staff and so somebody could come in
and put 15 units per acre here and that is allowed under the current zone and so -- but I
think even more important than that I think it's just important to keep in mind the context
of what was planned when Tree Farm was approved, that this was supposed to be a little
more of an intense site. They didn't want to have all of the same housing type in this
area. This area was called for multi-family and for commercial and so we are fulfilling that
vision that has been long held and we are creating an opportunity that's attractive and
useful and functional on this in-fill site that's been waiting to be developed. Baron's really
excited to be here. We think it's a great site. We think it's a great product for Meridian
and they are excited to be a part of your city to bring that forward. So, I would stand for
any additional questions you may have.
Simison: Thank you, Deb. Council, questions?
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Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Deb, I need some help on this -- this struggle I have and it's not about the
overall development, this is mixed use community and there are some amenities and
qualities here that -- Mr. Brown was right, we don't see in Meridian. So, thank you for
doing that, because this is unique and I know the residents who live in Spurwing may go,
oh, no, this is high density, this is terrible, but yet from our perspective when we see these
developments coming in from all parts of the city, it's like here we go again, townhouse
after townhouse after townhouse and apartment complex after apartment complex. To
see something like this is refreshing and rather exciting. But I -- but I certainly understand
the perspective of your neighbors. It's -- it's change and it's different than -- you know, it's
just -- it's -- it's our human nature to -- you know, that unknown. But where my -- where
my angst is right now is on that commercial portion, because in going through the minutes
with the Planning and Zoning Commission, they talked about having something on the
corner that stood out and I guess it really gets down to that is that single story, is that two
story and what does that look like when you go by that, oh, there is -- there is something
there and -- and you made a good point about its neighborhood commercial, as opposed
to retail commercial, which -- I think it was -- I asked Karl Bennion about that--what would
-- you know, his concern or was it retail driving that -- but it was the density of the housing.
So, that -- that does give me pause going, okay, if it's a neighborhood, but is there still a
commercial component to it that some want that visibility from that area to be seen -- if
it's a real estate office, for example. They want to have their sign out front and know that's
where -- where are they locate. So, help me understand why you think that one story
would be -- would work still, as opposed to -- and I understand what you have the -- more
than half of the building -- well, about half the building would be underground -- parking
on that first floor, so it's not a complete two story structure, but help me understand why
you think that one story is plenty.
Nelson: Mr. Mayor, Council Member Hoaglun, I would be happy to. The -- the one story
building -- and I -- and I understand the comments that you read from the P&Z. I recall
specifically that they talked about, actually, that they felt like we had satisfied their desire
to add sufficient commercial. They liked the architecture of the two story. You probably
remember that comment. And -- and we appreciate that. It's a beautiful building. We
have great architects. But they also designed a similar look in a one story to create that
same striking presence and so because of the signal that's now gone in at Black Cat and
Chinden you can get that visibility that you are talking about and so the commercial users
can have visibility on that corner that's created by the signal. It's still got that same design.
We love the design they put together with the corner and the L shape, so it creates a
striking presence on the corner, whether it's one story or two. It's got the elevated kind of
sloped modern roofline that creates that higher elevation look and so the P&Z became
satisfied with the amount of commercial. Council Member Borton, you asked earlier
about, well, what was taken out. Well, that live-work building was townhouses and so we
added commercial through vertical integration there and, then, we expanded the footprint
of that corner commercial area to allow a larger footprint of square footage and we would
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love it if we could find the retail uses -- if we have the demand for two story -- we like the
look of that, too. We would be delighted to have that. But a vacant corner that isn't viable
doesn't activate the commercial area at all and so we have to be cognizant of that and
make sure we get the right user that is compatible, that is neighborhood commercial, and
that's all we are asking for is flexibility. We are not asking to have a one story building
only, we are asking for the option.
Hoaglun: Mr. Mayor. Deborah, thank you.
Simison: Council, any other questions? Okay.
Nelson: Thank you.
Simison: Thank you. Council, I will -- happy to let you all talk amongst yourselves or take
a motion to close the public hearing, whichever direction you would like to go.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I would encourage Council to use as much dialogue right now before we go into
-- or before we close the public hearing, if it's all necessary.
Simison: Just real quick, since we have been going at this since 4:30, would Council like
to take a break or just keep going? Okay. We are going to go ahead and take a ten
minute recess. We will reconvene at 8.15.
(Recess: 8:05 p.m. to 8:17 p.m.)
Simison: Okay. I'm going to go ahead and bring this back from recess. Council, under
your president's direction would anybody like to be recognized for comments at this time?
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: I will make some -- some brief opening comment to all the material that we
reviewed up through today. The -- the considerations, depending on the type of
application, annexations versus applications such as this where there is existing
entitlements is an important distinction. The application starts with a vested right to do
certain things on this property with the C-C and R-15 zoning. The rezone application, as
I see it, is a moving of a line expanding one existing use to a certain degree and reducing
another, all within the mixed use community. But the two zones that are within this
application are consistent with mixed use community and consistent with the
Comprehensive Plan future land use map, so all things considered it seems to me to be
improvement in the existing entitlements. I think the -- the density vested existing
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residential use could be much higher. I appreciate the fact that it's not. I think that the
concerns about excessive residential traffic are well taken and the applicant stayed on
the low end of that existing invested right, which I think is appreciated, perhaps in
consideration of concern. I think the product is -- it's unique in that region. It is diverse.
So, I appreciate that as well. Again, providing some diversity in an existing right to provide
that type of mixed use residential. So, I think the -- the project is one -- excuse me -- the
application is one worth approving. I think the rezone, having been really vetted well by
Planning and Zoning and thanks to the Commission for doing that, I think that process
with the citizens' input made this a net improvement on what was already an otherwise
existing right and entitlement on this property. So, for those reasons that I'm supportive
of it.
Simison: Thank you, Councilman Borton.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Yeah. As I -- as I go through this and I kind of probably got ahead of myself a
little bit when I talked about earlier that this is --this is new, it's different, it's kind of exciting
to see something -- refreshing to see something that is different, that is not just maxing
out the densities that -- that they could and, you know, like any project you look at it and
you see things that, you know, why did they put the dog park there, I think I would move
it over here and change things around. But, really, as I went through the two sets of
Planning and Zoning minutes -- and Councilman Borton has pointed out -- they did an
excellent job. They -- they put a lot of time and effort into this and the result of that is --
is a better project and that's --that's what we want to see and we certainly appreciate that
work by them and the applicant and the neighbors who helped make that with their
testimony to a better project and, you know, as we get into the waivers, you know, one of
the -- one of the requests is allowing a one or two story building and -- and as I have gone
back and forth on that -- and I think I understand that, it's not a retail destination. I know
Ms. LaFever had talked about that -- like a Bown Crossing, which is unique and exciting,
but that is not this and -- and not planned to be that and I can buy into the -- it's a
neighborhood retail location and so going to allowing a one story or two story is something
I can live with. I didn't have any problems with the 25 foot landscape buffer waiver. It
flows well the way the concept is designed, that -- that is workable to me and -- and, of
course, the access issue has been worked out, we just need to delete that condition. So,
those things have been answered for me as -- as we went through the course of the
discussion this evening. So, I think I can -- I can support those.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: I think Council Member Hoaglun touched on something that is a good reminder
for all of us on the Council. I think it's a -- it's an easy trap for us to fall into to, you know,
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play SimCity and say, oh, I want this to be here and that to be there and I was pretty clear
about my comments, I don't love the design and look of this. I just think it's very -- it just
all looks the same. But I think we also know that I am not in the homebuilding business
and I think it would be a challenge for all of Meridian if I was. So, I'm not so beholden to
that particular piece that I'm -- I'm opposing the project. The one piece I do have a little
bit of a hang up on -- and Council Member Hoaglun touched on it -- is the waiver for the
two story. To me, again, going back to the comments in P&Z -- and Deborah, obviously,
spoke about it in her comments -- is that was trying to capture some of the desire of the
Planning and Zoning Commission to have that greater element -- I think Council Member
Holland said time and time again the desire to go vertical on -- on that commercial piece.
So, I'm not supportive of that particular waiver, but I think overall with everything else
related to the project I can be supportive.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Oh, I'm -- I'm struggling with this one a little bit. So, I -- I agree with my fellow
Council Members' comments about the uniqueness of this. I really think the applicant has
put in an incredible amount of -- of well thought out effort and design, the uniqueness. I
love the concept of the -- the -- the multiplicity of types of properties together and how
they are intended to work as one development, but also be unique. I like the livability
aspect of it. There is so many things about it I really like. The -- the challenge I'm
experiencing is I don't love this location for this and this isn't -- we talked a lot in the past
in general about we only have so many corners in Meridian to -- and -- and so many
opportunities to get these developments right and this is a really important location
because of its -- because of it being on Chinden and for the most part in my opinion all in
all Chinden really lacks commercial, even with everything that's coming in -- considering
the number of units that are along Chinden I don't feel like we have enough and so I would
actually prefer to see a little greater use of commercial space in here than residential
space in here. I wouldn't call this a hard corner per se, because Black Cat going north
stops. There isn't traffic coming in from the north. So, there is that element there of -- of
it not necessarily being a corner with two -- you know, two arterials or a highway and an
arterial. But I just -- I really don't -- I don't love this location for this, as much as I really
like the concepts and the residential designs and whatnot. I also agree with Councilman
Cavener that I feel like there could be more variety in -- not necessarily the elevations,
but the colors specifically. And I know -- and, sure enough, those renderings probably
are not accurate as to what you are going to do, but I definitely think that with the proximity
of the homes one to the other that there needs to be a significant variety among them.
But I -- I -- what I don't have for you at this very moment is exactly what I would do
differently and that's what I'm kind of wrestling with is we have asked the applicant and
we have asked some of the -- the individuals giving testimony for specifics on what they
would like to see differently and I would like to do the same. To say what -- you know, I
can't plan this for the applicant by any means or for the city, but just in general I would
really like to see a little more intense use here myself.
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Bernt: Mr. Mayor, my turn.
Simison: Councilman Bernt.
Bernt: To begin I really like the concept of this -- this project. This application. I don't
think this type of development will attract big families. I really don't believe that. I think
most -- most of those who will be interested in this type of a project will be younger
professionals, those who don't want to --those who don't want to spend their time mowing
lawns and -- and doing yard work and trimming trees and so on and so forth. I -- I -- if
there are -- if there are going to be families I think they are going to be pretty small and
younger families. Mostly retirees. And so I don't think that you are going to get a lot of
density of people that--what's been expressed by-- by those who have given testimonial,
albeit I appreciate the testimony given and respectfully understand where you -- where
you come from with that concern. I -- I believe the amenities are great. Maybe add a
pickleball court or something, but -- but for the most part I think that the amenities are
great. One thing that I believe to be true and very important in any city, whether it's small,
big, old or new, is a diversity of housing. I think what makes a strong city is a diversity in
housing and sometimes when you get west and you get away from our-- our dear friends
of the east I think that sometimes folks sometimes just sort of expect the same thing in
every -- in every subdivision, you know, single family dwellings that -- that -- that aren't
quite as dense, but at the end of the day I think in some places I think that that's important
and we may agree to disagree and know that I love you for it if we do, but, you know, if
there is one place where -- where density makes sense it's probably right here. I'm not
-- I'm not a -- I'm not a guy with -- and I want to be clear, I'm not a guy that likes to plop,
you know, multi-family projects in the middle of town. I get why that wouldn't be
advantageous. But you have Highway 20-26 right there on Chinden. It's been expanded
and it's going to create a nice thoroughfare for people to travel from --from point Ato point
Z. To the west you are going to have Highway 16. And so you are going to have an area
where traffic isn't going to be as big of a deal as if it were, you know, somewhere on
Ustick, you know, off of Locust Grove for example. And that's just--that's just my thought
that I have. With that said, I would -- this is where I struggle and it's with the commercial
aspect. I don't like how it was sold as -- the community center as a portion of the
commercial area of it and maybe I misunderstood that calculation. If I do I apologize. I
just think that's a little bit fuzzy. We have been doing this for a long time and -- and I -- I
wish you would have portrayed that differently, because I don't think that that was
necessarily -- I don't know -- that's not commercial period. I mean that's residential.
Hundred percent. I -- I would like to see more creativity in -- in the commercial aspect of
this. I think it's just sort of blah and I -- and I -- we -- there is a lot of people that bring up
Bown Crossing as an example. This for sure isn't Bown Crossing. Bown Crossing is a
phenomenal area of Boise. But this -- this just isn't that. But with that said, I do believe
it could have been more creative with the commercial aspect of it and with City Council
we are not designers, we are not planners, I'm never going to get into specifics of what I
like and what I don't like and what should be there and what should be taken out, that's
not our purview, but I can tell you that we -- the commercial aspect of this could have
been done better. I certainly am in favor of a two story building, as opposed to a one
story building. I think going vertical is extremely important, especially on that hard corner.
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Usually -- and I say this -- usually I believe it's in the city's best interest to not take away
from the commercial aspect of -- of our -- of our zoning and give more to residential. I
just don't like that. When it's commercial it should stay commercial and if right now it
doesn't make sense for that development, because you feel like it needs to be more
residential than commercial, then, maybe right now is not the right time. I don't know. I
just -- I struggle with that and I -- and with that said I do believe that the applicant did a
good job of changing and making it better. At the end of the day I don't like taking away
commercial and giving it to residential, especially in the -- in the climate that we are in
right now in our -- in our valley, so --
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I -- I agree with Councilman Bernt and he said it much more eloquently than I
-- than I did. I didn't specifically say that I am not in support of the waiver or in support of
allowing a one or two story. I think a two story at minimum needs to be there and I just
wanted to put on record that -- that I -- that I specifically believe that to be the case, along
with Councilman Cavener's statement. So, I wanted to make it clear that -- that that's my
opinion on that and I agree with Councilman Bernt, I think that this is a really important
corner and that I would like to see the commercial expanded here and, then, I do believe
that the clubhouse and the plaza, those are intended for the residents in that community
and that they should not be considered commercial for public use.
Simison: I was going to leave my suitcase packed tonight, but I -- so, I'm going to unpack
a little bit of it, you know, because I love this project and I hate this project. You know, top
to bottom, you know, I think it brings some great innovations and there is other things that
I really don't care for. Again, not trying to redesign, but speaking to the commercial,
because what I have heard -- and maybe Joe can confirm -- this two story is only talking
about, in reality, a visual element. We are talking about -- not talking about adding more
commercial, because what I have heard is the parking is really taking up what would be
commercial on this element. Is that correct, Joe? Is there really a -- is there significant
amount of more commercial from two to one?
Dodson: Mr. Mayor, Members of the Council, the one story is about 13,000 square feet
of leasable space. The two story is 19,500. So, that's 6,500 more square feet, which --
yeah. I'm not a commercial expert, honestly, but I -- 6,500 is more.
Simison: It's more. Yes. Correct.
Bernt: Thanks, Joe.
Dodson: Anytime.
Simison: But -- but to go to my other Council Members' points, I -- I think the other two
things you have for commercial are innovative in what they are. I would be really really
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curious to know if they are successful at all and I'm like -- the only thing I can think of is
the Hickory Farms coming in. I don't know about the rest of the pop up concepts or
anything else, if that's really going to add, you know, long-term value and what-- and what
that looks like. I'm sure some of it will, but, you know, a greater commercial in this corner
is what I would really advocate for and even go as far as to say -- and I know that they
are even saying don't do, you know, the flexibility, but you have plenty of parking. I
assume this is all cross-parked. There is nothing specific to any of the zones not to have
any parking under the first -- or under the second story on that property to make that all
potential be commercial. That's just my two cents as it relates to the commercial aspect,
because I think that there is -- more commercial is better in this location, rather than less.
And that's really all I'm going to unpack. I will leave everything else in the suitcase. It
doesn't really have much bearing on where Council has made comments.
Borton: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I might ask Joe a question. Deborah had talked about the clubhouse and said
whether it's commercial or residential it fits either designation. Is -- is that -- that
clubhouse, is that something that is a flexible type of space that can be in either
designation?
Dodson: Councilman Hoaglun, Members of the Council, from my understanding, yes,
because the multi-family project, which is a conditional use in either C-C or R-15 where
that is zoning wise is really unrelated. I think the reason that Kent and the team push it
into the C-C was because of my comments regarding if it was going to be used as an
event center for people beyond this project, then, we get into needing -- maybe needing
a conditional use permit for an indoor rec center or an event center and things like that,
which is not part of this application. Unless it's in the C-C zone, which is -- then those
indoor facilities are permitted by right. So, I think that that's where they kind of went with
that. But it -- as a functioning clubhouse it could be either/or, because it's tied to the
residential multi-family.
Hoaglun: Okay. Thank you, Mr. Mayor, Joe. Appreciate that. Because I think the
comments I did were that having Red Cross, if you do a blood drive or you have a group
come in or something like that and -- and one of the things that concerns me is seeing
some -- some of our small strip malls where a bar or a restaurant goes in and it's wildly
popular, there is not enough parking. You just -- and something like that would -- would
not fit and that would create the problems that residents talked about -- existing resident
-- neighbors and it would cause problems for the neighborhood itself there, so having it a
neighborhood retail, pop up space, it -- it's unique and I'm not sure what it looked like or
how successful it will be, but it's a concept with live-work units that why not, I think there
can be some good use out of that. So, we may see what happens. Having the -- not
having the flexibility for one or two story is not a sword I'm going to -- willing to die on for
this whole project. I can -- I understand the reason for two story and, then, having that
commercial, it's -- it's -- it's something that -- while they wanted the flexibility, if -- if fellow
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Council Members and the Planning and Zoning Commission want to see, hey, it really
needs to be two story, I can certainly live with that, so --
Simison: Council, anything else before anyone wants to make a motion?
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: It sounds very quiet, so I'm going to make a motion. I move that we close the
public hearing on Item 6, H-2020-0022.
Hoaglun: Second the motion.
Simison: I have a motion and a second to close the public hearing. Is there any
discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay.
The ayes have it.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Appreciate the good discussion. I, too, think hearing Council's comments on the
desire for more mass and the two story -- the additional commercial space makes sense.
So, having that requirement that it be two stories seems appropriate. So, that portion of
the waiver would not be part of it. So, I'm going to make a motion that we approve H-
2020-0022, without granting the waiver on the height -- the height requirement on that
commercial corner portion. So, it will be the two stories or -- or that height equivalent.
And I think the other waiver was with regards to the land use buffer. We didn't hear any
concern with that, so that would be granted as part of the application as presented.
Dodson: Mr. Mayor?
Simison: Yes, Joe.
Dodson: Before -- just wanted to note the deletion of the DA provision A-1 S as well
regarding the access.
Borton: Thank you, Joe. That's included in the motion.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
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Hoaglun: I would second that motion.
Simison: I have a motion and a second. Is there any discussion on the motion? If not,
Clerk will call the roll.
Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, absent; Perreault,
yea.
Simison: All ayes. Motion is agreed to and approved. Thank you very much for being
here this evening.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
ORDINANCES [Action Item]
7. Ordinance No. 20-1898: An Ordinance Amending Meridian City Code
Section 3-4-2(A)(5)(d), Regarding Criminal History Disqualifying
Applicants for Mobile Sales Unit License; Amending Meridian City
Code Section 3-3-2(C), Regarding Criminal History Disqualifying
Applicants for Vehicle Immobilization License; Adopting a Savings
Clause; and Providing an Effective Date
Simison: Council, next item on the agenda is Item No. 7, Ordinance No. 1898. 1 will ask
our clerk to read this ordinance by title.
Johnson: Thank you, Mr. Mayor. This is Ordinance No. 20-1898, an ordinance amending
Meridian City Code Section 3-4-2(A)(5)(d), regarding criminal history disqualifying
applicants for mobile sales unit license; amending Meridian City Code Section 3-3-2(c),
regarding criminal history disqualifying applicants for vehicle and mobilization license;
adopting a savings clause; and providing an effective date.
Simison: Council, you have heard this ordinance read by title. Is there anyone -- would
you or anyone else in attendance like it read in its entirety? If not, do I have a motion?
Hoaglun: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I move that we approve Ordinance No. 20-1898 with the suspension of rules.
Hoaglun: Second the motion.
Simison: I have a motion and a second to approve Ordinance No. 20-1898 under
suspension of rules. Is there any discussion on the motion?
Cavener: Mr. Mayor?
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Simison: Councilman Cavener.
Cavener: I just wanted to thank police and clerk's office for their work on this particular
piece. Sorry, my lights keep going off up here. I will get that fixed. I'm not quite sure that
I'm supportive of these changes. I get what we are trying to accomplish. I think that the
way this process has played out before I think is sufficient. I appreciate what Council is
trying to achieve. I just -- I didn't want to catch anybody off guard if I'm -- if I vote in
opposition to this.
Simison: Thank you, Councilman Cavener. Any other comments on this item? If not, all
those in favor signify by saying aye. Opposed nay.
Cavener: Nay.
Simison: The ayes have it.
MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT.
8. Ordinance No. 20-1899: An Ordinance (H-2020-0035 — Poiema
Subdivision) for Annexation of a Parcel of Land as Shown on Record
of Survey Number 2880, Recorded as Instrument Number 94050954,
Records of Ada County, Situate in a Portion of Government Lot 3,
Section 4, Township 4 North, Range 1 East, Boise Meridian, Ada
County, Idaho, as Described in Attachment "A" and Annexing Certain
Lands and Territory, Situated in Ada County, Idaho, and Adjacent and
Contiguous to the Corporate Limits of the City of Meridian as
Requested by the City of Meridian; Establishing and Determining the
Land Use Zoning Classification of 14.87 Acres of Land From RUT to R-
15 (Medium High Density Residential) Zoning District in the
Meridian City Code; Providing that Copies of this Ordinance Shall be
Filed with the Ada County Assessor, the Ada County Recorder, and the
Idaho State Tax Commission, as Required by Law; and Providing for a
Summary of the Ordinance; and Providing for a Waiver of the Reading
Rules; and Providing an Effective Date
Simison: Next item is Ordinance No. 20-1899. Ask the clerk to read this ordinance by
title.
Johnson: Thank you, Mr. Mayor. This ordinance is related H-2020-0035, Poiema
Subdivision, for annexation of a parcel of land as shown on Record of Survey Number
2880, recorded as Instrument Number 94050954, Records of Ada County, situated in a
portion of Government Lot 3, Section 4, Township 4 North, Range 1 East, Boise meridian,
Ada county, Idaho, as described in Attachment "A" and annexing certain lands and
territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits
of the City of Meridian as requested by the City of Meridian; establishing and determining
the land use zoning classification of 14.87 acres of land from RUT to R-15 (Medium High
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Density Residential) zoning district in the Meridian City Code; providing that copies of this
ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the
Idaho State Tax Commission, as required by law; and providing for a summary of the
ordinance; and providing for a waiver of the reading rules; and providing an effective date.
Simison: Thank you, Chris. Council, you have heard this ordinance read by title. Is there
anyone that would like it read in its entirety? If not, do I have a motion?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I move that we approve Ordinance No. 20-1899 with the suspension of rules.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Second the motion.
Simison: I have a motion and a second to approve Ordinance No. 20-1899 under
suspension of the rules. Any discussion on the motion? If not, all those in favor signify
by saying aye. Opposed nay. The ayes have it.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
9. Ordinance No. 20-1900: An Ordinance (H-2020-0032 — Brody Square)
for Annexation of a Parcel of Land Situated Within the Southwest '/4 of
the Southwest'/4 of Section 27, Township 4 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as Described in Attachment "A" and
Annexing Certain Lands and Territory, Situated in Ada County, Idaho,
and Adjacent and Contiguous to the Corporate Limits of the City of
Meridian as Requested by the City of Meridian; Establishing and
Determining the Land Use Zoning Classification of 15.00 Acres of
Land From RUT to R-8 (Medium Density Residential) Zoning District in
the Meridian City Code; Providing that Copies of this Ordinance Shall
be Filed with the Ada County Assessor, the Ada County Recorder, and
the Idaho State Tax Commission, as Required by Law; and Providing
for a Summary of the Ordinance; and Providing for a Waiver of the
Reading Rules; and Providing an Effective Date
Simison: Next item is ordinance -- Item No. 9, Ordinance 20-1900. Ask the clerk to read
this ordinance by title.
Johnson: Thank you, Mr. Mayor. This is an Ordinance related to H-2020-0032, Brody
Square, for annexation of a parcel of land situated within the Southwest '/4 of the
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Southwest'/4 of Section 27, Township 4 North, Range 1 West, Boise meridian,Ada county,
Idaho, as described in Attachment "A" and annexing certain lands and territory, situated
in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of
Meridian as requested by the City of Meridian; establishing and determining the land use
zoning classification of 15.00 acres of land from RUT to R-8 (Medium Density Residential)
zoning district in the Meridian City Code; providing that copies of this ordinance shall be
filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax
Commission, as required by law; and providing for a summary of the ordinance; and
providing for a waiver of the reading rules; and providing an effective date.
Simison: You have heard this ordinance read by title. Is there anyone who would like it
read in its entirety? Seeing none, Council, do I have a motion?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I move that we approve Ordinance No. 20-1900 with the suspension of rules.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Second the motion.
Simison: I have a motion and a second to approve Ordinance No. 20-1900 under
suspension of the rules. Is there any discussion? If not, all those in favor signify by saying
aye. Opposed nay. The ayes have it and the ordinance is adopted.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
10. Ordinance No. 20-1901: An Ordinance (H-2019-0106 — Shelburne
South) for Annexation of a Parcel of Land Being Located in the SW '/4
of the SE '/4 of Section 28 Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, as Described in Attachment "A" and
Annexing Certain Lands and Territory, Situated in Ada County, Idaho,
and Adjacent and Contiguous to the Corporate Limits of the City of
Meridian as Requested by the City of Meridian; Establishing and
Determining the Land Use Zoning Classification of 29.01 Acres of
Land From RUT to R-8 (Medium Density Residential) Zoning District in
the Meridian City Code; Providing that Copies if this Ordinance Shall
be Filed with the Ada County Assessor, the Ada County Recorder, and
the Idaho State Tax Commission, as Required by Law; and Providing
for a Summary of the Ordinance; and Providing for a Waiver of the
Reading Rules; and Providing an Effective Date
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Simison: Next item is No. 10, Ordinance No. 20-1901. 1 will ask the clerk to read this
ordinance by title.
Johnson: Thank you, Mr. Mayor. This is an ordinance related to H-2019-0106, Shelburne
South, for annexation of a parcel of land being located in the SW '/4 of the SE '/4 of Section
28, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in
Attachment "A" and annexing certain lands and territory, situated in Ada county, Idaho,
and adjacent and contiguous to the corporate limits of the City of Meridian as requested
by the City of Meridian; establishing and determining the land use zoning classification of
29.01 acres of land from RUT to R-8 (Medium Density Residential) zoning district in the
Meridian City Code; providing that copies if this ordinance shall be filed with the Ada
County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as
required by law; and providing for a summary of the ordinance; and providing for a waiver
of the reading rules; and providing an effective date.
Simison: Thank you, Mr. Clerk. Is there anyone that would like this ordinance read in its
entirety? If not, do I have a motion?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I move that we approve Ordinance No. 20-1901 with the suspension of rules.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Second the motion.
Simison: Been motioned and seconded to adopt ordinance -- or approve Ordinance No.
20-1901 under suspension of the rules. Is there any discussion on the motion? If not, all
those in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance
is adopted.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
FUTURE MEETING TOPICS
Simison: Council, any items under future meeting topics?
EXECUTIVE SESSION
11. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or
to formulate a counteroffer; and 74-206(1)d To consider records that
are exempt from disclosure as provided in chapter 1, title 74, Idaho
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Code
Simison: Okay. Item No. 11 was vacated. So, we will move to the last item.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we adjourn the meeting.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Second the motion.
Simison: I have a motion and a second to adjourn the meeting. Is there any discussion
on the motion? If not, all those in favor signify by saying aye. Opposed nay. And we are
adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 8:48 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
10 / 27 / 2020
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
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