HomeMy WebLinkAbout2021-10-19 Regular Minutes Item#1.
Meridian City Council October 19, 2021.
A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, October
19, 2021, by Mayor Robert Simison.
Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica
Perreault, Brad Hoaglun and Liz Strader.
Also present: Chris Johnson, Bill Nary, Caleb Hood, Mike Barton, Kyle Radick, 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 (Left at 6:12 p.m.)
Simison: Okay. Council, I will call the meeting to order. For the record it is October 19,
2020, at 6:02 p.m. We will begin tonight's regular City Council meeting with roll call
attendance.
PLEDGE OF ALLEGIANCE
Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us
in the pledge.
(Pledge of Allegiance recited.)
COMMUNITY INVOCATION
Simison: Next item is the community invocation. Mr. Clerk, do we have any sign-up?
Johnson: Mr. Mayor, we did have any sign-up this week.
ADOPTION OF AGENDA
Simison: Okay. Then with that we will move on to the adoption of the agenda.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move we adopt the agenda is published.
Hoaglun: Second the motion.
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Simison: I have a motion and a second to adopt the agenda as published. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and
the agenda is adopted.
MOTION CARRIED: ALLAYES.
CONSENT AGENDA [Action Item]
1. Approve Minutes of the October 5, 2021 City Council Work Session
2. Approve Minutes of the October 5, 2021 City Council Regular Meeting
3. Apex Southeast Subdivision No. 1 Full Release of Sanitary Sewer and
Water Main Easement
4. Detached Baron Black Cat Pedestrian Pathway Easement
5. Detached Baron Black Cat Sanitary Sewer Easement No. 1
6. Oaks North No. 9 Sanitary Sewer and Water Main Easement
7. Well 11 b Flush Line Water Main Easement
8. Final Plat for Quartet Northeast No. 2 (FP-2021-0050) by Brighton
Development, Inc., Located Approximately '/4 Mile South of W.
McMillan Rd. and East of N. Black Cat Rd.
9. Final Order for Edington Commons No. 2 (FP-2021-0048) by Conger
Group, Located on the East Side of N. Linder Rd., North of W. Ustick
Rd.
10. Final Order for Inglewood Subdivision No. 2 (FP-2021-0037) by McNeil
Engineering, Located at 3220 E. Victory Rd.
11. Findings of Fact, Conclusions of Law for Oaks North and Oakmore DA
Modification (H-2021-0058) by Toll Southwest, LLC, Located on Over
200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat
Rd. and N. McDermott Rd.
12. Approve Bid and Award Multi-Year Contract Between the City of
Meridian and Univar Solutions for Polymer Chemicals at WRRF for the
Not-to-Exceed Amount of $250,000.00 Per Fiscal Year
13. Ground Lease Between the City of Meridian and West Ada School
District for Municipal Water Well Lot
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14. Resolution No. 21-2292: A Resolution of the Mayor and the City
Council of the City of Meridian, Establishing the Reappointment of
Rand Spiwak to Seat 3 and Mark Nelson to Seat 2 of the Meridian Solid
Waste Advisory Commission; and Providing an Effective Date
15. Resolution No. 21-2293: A Resolution of the Mayor and the City
Council of the City of Meridian Reappointing Blaine Johnson to Seat 2
and Jody Ault to Seat 7 of the Meridian Historic Preservation
Commission; and Providing an Effective Date
Simison: Next up is the Consent Agenda.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we approve the Consent Agenda, for the Mayor to sign and for the
Clerk to attest.
Hoaglun: Second the motion.
Simison: I have a motion and a second to approve the Consent Agenda. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and
the Consent Agenda is adopted and agreed to.
MOTION CARRIED: ALLAYES.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: There are no items moved from the Consent Agenda.
PUBLIC FORUM — Future Meeting Topics
Simison: So, public forum. Mr. Clerk, do we have someone signed up on the public
forum?
Johnson: Mr. Mayor, we did not.
Simison: Okay. Then with that we will move on to Resolutions. So --
Cavener: Mr. Mayor? Sorry, I don't mean to interrupt. There at least was somebody -- I
think in the audience that was raising their hand that wanted to maybe do the public forum
and I didn't know if --
Bernt: That's okay.
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Simison: Typically that's not how we do it. We do need to sign up in advance for public
forum items. I would rather we keep with that process without going down that direction.
RESOLUTIONS [Action Item]
16. Resolution No. 21-2294: A Resolution of the Mayor and the City
Council of the City of Meridian Reappointing Jo Greer to Seat 6, Keith
Bevan to Seat 8 and Appointing Mandi Roberts to Seat 7 of the
Meridian Parks and Recreation Commission; and Providing an
Effective Date
Simison: Okay. Next item up is Resolutions. Item 16 is Resolution No. 21-2294. Council,
this is a resolution to reappoint two members to our Parks and Recreation Commission,
Jo Greer and Keith Bevan and a third member Mandi Roberts, who is taking the place of
one of our members who stepped down or did not want to seek reappointment.
Commission President Greer and myself, we met with Mandi Roberts, who is here before
you tonight to be considered and if you are looking for someone that can really bring
experience into the -- into the commission through practical real life experience, I think
we hit a home run quite frankly. You know, having someone with landscape architect --
architecture and who has been through public processes through her professional career,
that can really bring that element to the commission and, quite frankly, I'm sure Mike
would love to have some -- even as an ad hoc consultant for some of the work that we
have -- we have got a lot of work going on in the -- in the Parks and Recreation
Department generally, but as a -- as a commission member I think that she will be a
valuable asset to them and add a very important skill set to them, as well as just a love
for the community and a love for parks as a general standing. So, with that I would be
happy to answer any questions before -- asking to see the approval and Mandi is here in
the audience and can come and speak up afterwards if so inclined. Do I have a motion?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I move that we approve Resolution No. 21-2294, resolution of the Mayor and
the City Council, City of Meridian, to reappoint Jo Greer to Seat 6, Keith Bevan to Seat 8
and appoint Mandi Roberts to Seat 7 of the Meridian Parks and Recreation Commission
and providing an effective date.
Cavener: Second.
Simison: I have a motion and second. Is there any discussion? If not, all in favor signify
by saying aye. Opposed nay. The ayes have it and the resolution is agreed to.
MOTION CARRIED: ALLAYES.
Simison: Thank you very much. Mandi, would you like to come forward and make any
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comments?
Roberts: Thank you so much, Council Members. I wasn't really prepared to make any
formal remarks, but I just want you to know that I'm very happy and honored to serve the
community and it's been -- while I have traveled around the world and worked throughout
the Pacific Northwest and -- and West, it's good to be home and it's good to be in this --
working in this capacity for the community and I look forward to having a lot of meaningful
involvement and contributions to our future. So, thank you.
Simison: Thank you, Mandi. All right. With that, Council President Bernt, I'm going to
turn the meeting over to you for the rest of the evening.
DEPARTMENT / COMMISSION REPORTS [Action Item]
17. Parks and Recreation Department: Meridian Road Island
Beautification Discussion
Bernt: Got it. Thank you, Mr. Mayor. On to Item No. 17, Department/Commission
Reports. Turn the time over to Mike Barton.
Barton: Good afternoon, Mayor and Council. Thanks for the opportunity to come to talk
to you this evening about a potential beautification project that's close to downtown. I
have got a couple exhibits that I think Chris is pulling up right now. So, we will just kind
of pause here and -- yeah, it looks like it's on. Just give me another second here.
Borton: Hey, Mike? Question for you. What is orange and sounds like a parrot?
Barton: I don't know. What is the orange and sounds like a parrot?
Borton: Carrot.
Bernt: Mr. Borton?
Borton: Mr. Bernt.
Bernt: Do you have a follow up joke to that?
Barton: I will just -- I will pause and wait -- wait for another joke? Are we ready to roll?
Okay. Let's go. So, about a year ago we were asked to look into the possibility of
beautifying this remnant parcel downtown that was -- when the split corridor developed
there was a couple of parcels that ACHD took over and landscaped and Parks and Rec
maintains those. One of them has a piece of art in it. The other one to the north is
landscaped and Nine Mile Creek goes through and it's fairly attractive -- attractive as an
entry to the city. There is one piece, though, however, that's not landscaped and it is kind
of an eyesore, chronically full of weeds and goat heads, so we were -- have been in
contact with the property owner over the last year and they thought they might develop it
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and we just kind of paused and periodically checked in with them about the possibility of
either a purchase or a license agreement to allow us to make these improvements and it
would be a one year license agreement that renewed automatically every year until the
point in time that there was a legitimate development application that came before the
city. Developing this piece of property would be difficult because of floodplain issues and
the Nampa-Meridian easement that goes through it and, then, also access. Their only
point of access is off Ada Street. So, they can't take access off -- off Meridian Road. So,
we are looking for direction this evening from you if -- about entering into a one year
license agreement with the property owner that would renew automatically year to year
until the time that there is a legitimate development application that comes before the city.
If there is a desire to do this, we could bring back a budget amendment for the cost of the
landscaping, the cost of the maintenance, and a license agreement with Nampa-Meridian.
If that were the case we could bring that budget amendment back and have this installed
-- finished by late spring of '22. We could as an alternate -- I didn't put it on the slide here,
but we could bring this through the regular budget process next year if that's your desire
as well. So, I will stop there and be happy to answer any questions that you have.
Bernt: Thanks, Mike. Questions from Council?
Perreault: Council President Bernt?
Bernt: Ms. Perreault.
Perreault: So, if the city were to invest improvements in this and we had a license
agreement, how would the -- would the owner benefit from that if they chose not to
continue in the license agreement with us? Essentially would they receive those -- receive
those improvements for free or how would that work that we would protect the investment,
if not owning the property?
Barton: Yeah. Council President and Council Woman Perreault, that's -- that's a good
question and we haven't really thought through that much, but we could put that in a
license agreement that -- I mean if we made those improvements, the only way that they
would -- that they could go back in or -- or not renew the license agreement is if there was
a development application in front of the city. So, they would have to be serious. They
couldn't just say -- they couldn't kick us out.
Perreault: Okay. So, it would be a permanent scenario.
Barton: Yeah. It would renew automatically year over year until the time that there is a
development application. From what I understand with the current floodplain issues and
some of the initiatives to open up Nine Mile Creek and -- and minimize or reduce or
eliminate that floodplain in downtown Meridian, it's five plus years at least and likely could
be longer. So, I think that's what -- the investment we are looking at as a -- you know,
worst case goes away in five years.
Borton: Mr. President?
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Bernt: Mr. Borton.
Borton: Mike, I think it's a great idea. We have talked about this for some time. This is
probably the only solution for this outparcel, the entryway into our downtown. So, I think
the investment makes sense. Whether it's done now or as part of the budget, I would say
now only if there was some risk that the stars wouldn't align, right, in the summer. If we
have got all the parties in agreement to doing it, then, I would be comfortable with a budget
amendment while you have it lined up.
Barton: Council President and Councilman Borton, the only risk would be not being able
to execute it late next fall or next fall. So, it would -- it would be an entire year before it
was finished. I mean it would be spring of '23, instead of '22, so --
Borton: And Mr. President?
Bernt: Mr. Borton.
Borton: I think it is just collateral benefit. You do some small project like that, it's -- it's --
it sends the right message to adjacent property owners and just the beautification of one
property begets the next and it just -- it sends the right leadership message for what
downtown should look like, so --
Nary: Mr. President?
Bernt: Mr. Nary.
Nary: Mr. President, Members of the Council, to sort of piggyback on Mike's other answer
to the prior question, the city I don't believe owns the ground that the art piece is on either.
That big triangle piece. I don't believe we own that. I think ACHD owns it.
Barton: Correct.
Nary: Yeah. And so we don't have any ownership interest, but we have a 90,000 dollar
art piece on it. So, if there was ever a need that they needed that for a road improvement
or something like that, that process would be -- would have to stop and we would have to
move it. So, I think Mike's idea, f they are willing to do that, and basically allow us that
license agreement, with the only -- really the termination factor being an application to
change the road, make a road improvement, change the irrigation, whatever, then, I think
-- I think that could certainly be a doable agreement we could craft.
Perreault: Mr. President?
Bernt: Mrs. Perreault.
Perreault: So, Mike, if -- if a member of -- if anyone were to vandalize that property or
remove something the city has placed or not being an owner, how does that work? And
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maybe this is a question for Mr. Nary. How does that work legally to pursue reparation
for something along those lines? Is that part of the license agreement as well, that we,
then, take on sort of ownership rights in that sense -- somebody drives over it -- I mean
that's some expensive landscaping; right?
Barton: Let's -- hypothetically, if somebody went out there and decided to spin cookies in
the middle of it and tear up the grass, we would -- we would be -- have to repair it,
because I think that falls under the maintenance category and we wouldn't be fulfilling our
end of the duty if we didn't repair it. We wouldn't -- it would be -- you know, we would
have to maintain it.
Cavener: Mr. President?
Simison: Mr. Cavener.
Cavener: Mike, I'm in agreement. I think it's a terrific idea. I think bring a budget -- I
would be supportive of a budget amendment if it was brought forth now, as opposed to
waiting until the budget cycle, in part because I think that this may be a -- almost a pilot
or a step forward in terms of maybe seeing a community beautification budget line item
come forth on an annual basis. I start to think of, you know, the spot between Ten Mile
and Black Cat on Cherry or on McMillan between Linder and Ten Mile where we have got
some pretty well developed out pieces of land, but are just kind of weed areas in part
because either the waterway or -- or issues with current residential homes that we could
potentially use this as a pilot, show that it works, and, then, maybe take a little piece of
Meridian each year at a time and clean it up and get it looking better.
Bernt: Good idea.
Hoaglun: Mr. President?
Bernt: Mr. Hoaglun.
Hoaglun: My two cents. I'm in favor moving forward and doing the budget process. So,
I think it's a great idea. We need to -- we need to do that and make that all look good.
That is an entryway.
Bernt: Mr. Nary, what type of action are we looking for tonight? Just some head nods
and that's -- was that good enough?
Nary: Mr. President, yeah. I think at this point I think it's good enough. We will -- we will
get with Mike -- I will probably have Mr. Baird craft an agreement and, then, contact -- is
that the irrigation district or -- okay. So, yes. So, Tate's Rents owns that piece. So, we
will speak with them and we will just begin the process. But you will get an agreement
back.
Barton: Bring back a license agreement and a budget amendment the same -- same
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evening.
Bernt: Small donation from Tate's? Whatever.
Barton: I will ask.
Bernt: Thanks, Mike.
Barton: Good. Thank you.
ACTION ITEMS
18. Public Hearing Continued from September 28, 2021 for Regency at
River Valley Phase 3 (H-2021-0059) by Bach Homes, Located at 3270
and 3280 E. River Valley St. and 2480 N. Eagle Rd.
A. Request: Request: Modification to the existing Development
Agreements (Inst. #113005608 — SGI and Inst. #2020-062947 —
Bach Storage) to remove the property from the existing agreements
and create one new agreement for the development of a 134-unit
multi-family project.
Bernt: All right. That takes us to Item No. 18 of tonight's agenda. It's a public hearing
number H-2021-0059. Turn the time over to staff.
Hood: Thank you, Mr. President, Members of the Council. I'm not Sonya Allen. I am
Caleb Hood. I am going to present this project for her and actually the next one as well.
So, bear with me a little bit here, but I think I have got my bearings and understand the
two projects I'm going to present tonight. The first one being Regency at River Valley.
So, this -- this project was actually continued from your September 28th hearing, but you
really didn't have a hearing. It was re-noticed for tonight. The applicant did add some
conceptual additional units for this project. So, new notices went out. This is only a
development agreement modification request. The site consists of 2.57 acres that are
currently zoned C-C and C-G. We had that earlier and now I'm not seeing that slide. So,
I'm going to have to orient you or pull up Google Earth a little here. But there is zoning
-- again, split zoning on the property, C-C and C-G, located at 3270 and 3280 East River
Valley Street and the other address is 2480 North Eagle Road. So, this is just north of
River Valley Street. The Co-Op and the other Bach project, the Regency at River Valley,
their first two phases, are directly east and there is a Mattress Firm right on the corner
there. There is a signal at this intersection. So, this is the undeveloped land just off of
that driveway. And I apologize, but the zoning and the comp plan somehow got -- that
slide got taken out. So, there are two existing development agreements on this site --
and when I say this site, one of them -- one development agreement applies to the site
-- again, directly due east of the Mattress Firm and, then, the other development
agreement is the larger properties that are to the north. This has a comp plan designation
of mixed use regional currently. That northern portion of the site is already entitled with a
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self service storage facility and the southern portion had not only the retail building that
-- that is out there currently today, again, right here is an existing building, but the
conceptual plan -- see if I can move you all out of the way. The conceptual plan had a
future potential drive through building that was also a part of that -- that development
agreement that currently is on the books. This Option A is no longer really viable,
because, again, the mattress store went in here. So, really you are looking at Option B.
So, it would modify the development agreement to not have the drive through use, but
use this driveway to get to the majority of the project that you see on the upper end of this
site. So, the summary, again, is to replace both of those development agreements with
one new development agreement for the -- for the subject property and give conceptual
approval for a multi-family project, again, which would essentially be the third phase of
the Regency at River Valley, which you can see some of that project just on their
conceptual site plan with the Bach storage project, consisting of 134 apartment units in
concept and a mix -- that would include a mix of studio one and two bedroom units. The
buildings are conceptually five feet tall. So, again, I keep saying conceptually, because
this would require a future conditional use permit, if Council is so inclined to, basically,
vacate the two existing development agreements and create this new one that would
open the door for them to come back in with a CUP for multi-family on this site. I will just
note that there may be changes to -- here is the submitted conceptual plan that they have
submitted. Additional changes may be necessary. Staff did not do a detailed
comprehensive review of the site. So, again, that will occur with the CUP, so just a
disclaimer or note that when -- if a conditional use permit for multi-family is proposed on
the site some additional changes may be necessary. It's my understanding Sonya did do
some of the initial calculations for parking and open space and amenities and things like
that, but we have not done that detailed review. Same thing with the elevations. We
haven't gone through that whole process of evaluating the project for full compliance with
-- with city standards. So, staff is supportive of the proposed development agreement
modification and has included the recommended development provisions in Section 6 of
the staff report. I know Brandon Whallon is here from Bach Homes. So, with that I will
turn it over -- back to you, Mr. President, with any questions.
Bernt: Thank you, Caleb. Any questions for Caleb?
Perreault: Mr. President?
Simison: Ms. Perreault.
Perreault: Caleb, thank you very much. I'm curious if you could share some more detail
with us on staff's recommendation for approval on this. It seems to me that from a zoning
standpoint -- I mean I'm understanding -- I'm understanding the recommendation, but I --
from a function standpoint I'm not completely understanding the support of putting
residential just so close up to a state highway. I just want to understand from staff's
perspective the support of that.
Hood: Yeah. I appreciate that question and I'm not -- this is going to be me now and not
Sonya. But we have talked about it. So, from my perspective this -- this site -- the two
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lots certainly on the north anyways. I will leave the -- the one that's just east of the
mattress business out of what I'm about to say, because that one I'm not as familiar with,
but I know that the two sites where the --where the multi-family project sits on the concept
plan, we have been talking about that site for a long time and one of the problems with
that site is access. So, any viable retailer tells us anyways that they need -- they need --
want direct access to Eagle Road for anything to happen there. So, that's -- at least the
feedback we are hearing is a lot of the reasons it's sat there this long is because of the
access restrictions and problems that it creates to get out -- and I will just say I mean
that's really close to the signal at River Valley, too. So, turning even left into this site is
going to be difficult. So, it's very nice that there is cross-access with the first two phases
of Regency, so motorists, primarily, can get through that project and back and forth and
use their main entrance that's just off screen here to get to and from that collector
roadway. I will also say, you know, obviously, it's entitled right now with -- with storage.
It's tough. I will say the last -- the last storage concept we saw was fairly attractive, but
that's something else along an entryway corridor with 40 or 50 thousand cars a day that
are driving by, it's kind of hard to make it look nice and feel like part of the community.
So, I get it. I mean I will be honest, I live within a half mile of Eagle Road. I can hear it.
So, your question, you know, is it an ideal location? For some it is, because there is a lot
of things around here, including Eagle Road, which has access, again, to entertainment
and jobs and recreation very close. So, on the face of it -- again, not for everybody to live
that close, but there -- there is a future transit corridor here where I think density makes
some sense. So, again,just all those things where we really --we are trying to get maybe
some retail out here or -- or an office complex just that really never took hold and I'm not
saying that residential is the best, but I think that this works and I'm satisfied with it
anyways.
Perreault: Mr. President?
Bernt: Ms. Perreault.
Perreault: Thank you very much, Caleb. I appreciate it. That was very helpful. I -- I
would like to ask the applicant if they would answer that same question when they come
forward.
Strader: Mr. President?
Bernt: Ms. Strader.
Strader: Thanks. Maybe just a process question. So, doing this as a DA modification
seems a little bit different, because it's such a huge change in use. So, I was just curious
from the Planning Department's perspective, doing this as a DA modification, is there any
part of our normal process that's not as robust or that we wouldn't see something coming
kind of de novo in front of us?
Hood: So, Mr. President, Council Woman Strader, yes, and so there is -- and it's kind of
tough. I mean you would like to see the package deal; right? You had a similar discussion
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on a project-- Hickory and Fairview recently where the plat was coming and we are going
to -- we are going to change the development agreement modification first and, then, we
will come back with the subdivision. So, there is a little bit of--and that's why even looking
at, you know, section six of the development agreement maybe is a little too specific. I
think there is disclaimers in there that say, you know, conceptual site plan and -- and --
but it does say this many number of units and five story buildings and so that's -- if
approved this would only go to the Planning and Zoning Commission, if you approve the
development agreement modification. It would not come back to Council. Now, again, it
needs to -- whatever comes back in with that CUP still gets reviewed for compliance with
city code, but unless appealed it would -- you guys would not see it.
Hoaglun: Mr. President?
Bernt: Mr. Hoaglun.
Hoaglun: Just a quick question, Caleb. Whether it's a storage unit or multi-family, I
remember we spent a lot of time on cross-access easement to the business on the north.
That does still exist. I think I saw in one of the earlier slides it said cross-access
agreement easement, so --
Hood: Yes. Mr. President, Councilman Hoaglun, yes, and I'm sorry I didn't point that out.
I was a little flustered that there wasn't the -- the zoning and comp plan maps in the
presentation. But, yeah, you can conceptually see that and, again, in Section 6 of the
staff report there is a new development agreement provision that requires both cross --
three -- three way cross access, basically, to the north, which is the China Buffet and,
then, tying in with the other phase of Regency. So, you can see that -- I know the shading
is a little bit difficult, but you can see some that cross-access to those projects and, then,
again, across all three of these parcels out to the public street at River Valley.
Hoaglun: Okay. Thanks, Caleb.
Bernt: Perfect. Let's turn the time over to the -- the applicant for their --
Whallon: Council President and Members of the Meridian City Council, my name is
Brandon Whallon with Bach Homes located at 1650 State Street, Draper, Utah. 84020.
Johnson: Mr. Whallon, can you -- can you -- sorry. Can you pull the microphone to you?
It's -- make sure we hear you.
Whallon: Yes. Thank you for the opportunity to share our proposal with you. As Caleb
stated, this would be the third phase of the Regency at River View. The first two phases
have been very successful and Bach saw the opportunity to purchase those two parcels
that fronted along Eagle Road. They had self storage appropriated for that, but, then,
thought that there might be a higher and better use of that property and so with that cross-
access easement from River View they thought that a multi-family residential
development on this property would make sense and they had good success with phase
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one and phase two and they also felt that this building located right next to those existing
phases and would be able to benefit from the amenities that were provided, the pool and
the clubhouse and so we thought that really would relate well to the two phases that are
currently improved out there. So, that's why they are before you today is to amend that
DA from the storage units to allow this five story multi-family housing project. We think
that, yes, there is some noise that is generated from Eagle Road, but we can use sound
attenuation construction practices to attenuate or lower that sound presence as much as
possible and we think that the presence of the building itself out on Eagle Road will be a
member of the community and the neighborhood that will be a strong presence and it will
look good from Eagle Road, from both citizens and people passing through. So, with that
we think that this is an opportunity to provide an additional 134 units on the property,
which would represent the highest and best use of the property with the access
challenges that it has, as Mr. Hood stated. We recognize that we will have to go through
a conditional use permit process, which will have a design review element associated
with it. So, we are prepared to bring forward a building that -- that we can present as
using materials that are aesthetically pleasing and durable. So, with that we support all
of the staff's work and their recommendation of approval and I would stand for any
questions that you may have.
Bernt: Any questions?
Strader: Mr. President?
Bernt: Ms. Strader, is that you?
Strader: Thank you, Mr. Whallon. Appreciate you coming before us. You know, what
don't --this is a very preliminary plan. I assume it would look a lot like your other phases.
but what I don't see here is any kind of green space in the middle. I understand it fronts
Eagle Road. I don't know how realistic that is. But certainly here in this middle portion I
think there would be some sort of an opportunity there. Did you have excess open space
in phases one and two of your other projects that you feel -- you know, are -- help me
understand how you are going to tackle the open space requirements and amenity
requirements that we would normally ask for.
Whallon: We -- we are looking at that and we know that a calculate -- Chair -- Mr.
President of the Chair and Members of the Council, we recognize that there are open
space requirements and that is something that we are going to address in the site plan.
This was something that was generated with a good faith effort to meet all of the
requirements. We are hopeful that there would be some form of flexibility to recognize
that it's right next door to two phases that do have outdoor barbecue stations, a kiddie
play area, that both in the water and dry land, swing sets and such. Pools. So, there --
there are some amenities in the existing phases that these people will benefit from, but
we would like to green it up as well in the parking field and along Eagle Road. So, that is
something that we do want to address. But we were hopeful that we could work with staff
to come to some form of an understanding that if maybe we met at 85 percent of the
standard of open space that the previous two phases could lend open space to make up
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for that 15 percent or some kind of calculation like that.
Strader: Mr. President?
Bernt: Ms. Strader.
Strader: So, that -- that makes me a little nervous personally as a Council Member,
because I think it's important that we are kind of raising our bar on the standards that we
are holding in the city and I don't have a whole package in front of me right now. Like
can't see the open space calculation from your previous phases and I'm a control freak,
everybody knows that about me, so it will go to Planning and Zoning, but it wouldn't come
back before us and I'm a little bit -- don't get me wrong, I totally would rather have multi-
family on a transportation corridor that looks greater than self storage, but I'm a little bit
nervous that we are not seeing the complete package of information that we would
normally see at this phase because of the way it's being done process wise. So, it's just
something that I'm going to have to wrestle with. But that is a concern that I have. I think
there might be an opportunity for you to put some kind of courtyard or something in the
middle I would hope. I'm going to chew on that for a bit.
Hoaglun: Mr. President?
Bernt: Mr. Hoaglun.
Hoaglun: Mr. President. Thank you, Mr. Whallon. Appreciate your presentation. And
like Council Woman Strader, I -- I think this is a better use than -- than storage and I just
want to find out actually from Mr. Hood, if you wouldn't mind, just to give -- we know the
details aren't there, that if this were to be approved tonight that would move forward and
you guys would look at it and that open space issue, just from a large picture where it's
another phase of an existing development, is that doable to work things to make it work
somehow? What -- because if there is going to be a lot of obstacles there, you know,
that's -- that's kind of a tipping point. So, can you give us some general idea of how that
might move forward?
Hood: Yeah. Mr. President, Councilman Hoaglun. Yeah. I appreciate your last comment
about, you know, a general idea, because I'm not exactly sure how we will move forward.
We don't have the details in front of us now. But I can use some past examples of how
this potentially could move forward and I was just rescanning Sonya's staff report and it
does call it out, you know, the standards listed for open space and amenities will be
evaluated and that's really where we start is this is looking at it as a standalone parcel
that needs to comply on its own with those amenities. In the past, though, there -- we
have allowed some of that transfer. Some of that, though, we do push back and say, well,
that's a bait and switch. If you proposed 18 percent open space and now it drops down
to 15 and you count it for this project, well, then, that's not the same project anymore that
we approved previously. So, it is a conditional use permit and I think the starting point is
comply on -- again, as a standalone phase, but with the conditional use permit there -- a
case could be made that you have got the barbecue pits and the pools and those types
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of things, so maybe there is an amenity package that is better than maybe the open space
percentage, but it's a higher quality of, you know -- you know, maybe it's a tiered open
space or something. I don't know what they are going to design, but I guess long story
short is there -- there is a conversation that occurs and, again, with the conditional use
permit there is some flexibility to say this seems appropriate for that development. But
the starting point will be city code and we will expect going into it that this phase complies
with the amenities and open space requirements.
Perreault: Mr. President?
Bernt: Ms. Perreault.
Perreault: Caleb, because this is in a commercial zone is it still going to be required to
have the same buffer between the highway and the residential as they would if it was
residentially zoned?
Hood: Yeah. Council President, Council Woman Perreault, yes. I'm just going to -- I
want to double check to see if that is actually a development agreement provision. But,
yes, it is not -- the landscape buffer on arterials is specific to the classification of the
roadway, not based on -- on zoning.
Perreault: Okay.
Hood: So, let me just double check and make sure that's in here somewhere. But even
if it's not it would still be a standard provision of code. I see the pathway. I don't actually
see the 25 foot wide landscape buffer called out as I scan the DA provisions. But, yes,
that will be a requirement.
Nary: Mr. President?
Bernt: Mr. Nary.
Nary: So, Mr. President, maybe I just need some clarity from the applicant. What I
thought the ask here was is to create a development agreement separate and apart from
the recurrent Regency at River Valley. So, I'm not sure -- I'm not wanting to disagree with
Caleb, but I don't know how we borrow somebody else's open space in a different
development agreement that you are not bound to and they are not bound to provide you
anything. So, I'm a little unsure how to craft that into a DA where -- it is another phase,
but it's separate owners, separate agreements. There is nothing -- we would have to
amend the other development agreement to require them to provide you cross use. Is
that what you are proposing, too? Because I -- I don't -- I'm not totally sure in my head
today how to make that make sense. I see what's written on your staff report, but I don't
see how we get to where you are proposing to have a shared or borrowed or blended
arrangement. So, maybe you could help me understand what you are thinking.
Whallon: Council President, Members of the City Council and Mr. Nary, yes, so our
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proposal is for this property to be released from the existing development agreement, go
through the conditional use permit and develop another development agreement specific
to this parcel. It was our intent to meet all of the standards and conditions of the zoning
code for a multi-family residential development located within this district. In that event
that we are struggling to provide that open space requirement for the code, that the code
requires, we were -- would entertain the discussion with staff. Is there the ability to share
some of these facilities. We did -- not that it matters to the City of Meridian, but we have
a very successful project out in Nampa that we did just off of Garrity behind the Station.
Shopping center. It's called the Station at Gateway on Happy Valley and Stamm Road
and we just did a 110 unit phase two to that, because it just lends itself well. It's going to
use the same access as the existing development does. The leasing will be done out of
the clubhouse and all of the residents have the ability to come use the pool and the
barbecue station. So, that is working in that instance. To say that would work perfectly
here or not is -- is another discussion. But that was our intent to meet the standards
standalone on this property. In that event where we fall a little bit short, they were hoping
that by allowing these residents full access to all of the amenities that are provided in the
existing phase one and phase two of the Regency at River View, that that would be found
acceptable in that event that we asked for it. I'm not saying that we are going to ask for
that. I'm saying that we are going to try to meet all of the standards and conditions of the
zoning code for a standalone parcel.
Nary: So, Mr. President, if I could follow up. I guess my question, sir, though, is once we
craft a new development agreement you are -- you are no longer part of the other one
and they are no longer a part of you. So, there is nothing in that agreement that requires
them to provide you anything. No cross-access, no cross-shared uses, nothing and you
will have your own agreement. So, I guess it feels a little premature to me without having
some level of agreement and some modification to the existing Regency at River Valley
development agreement that maintains that shared access, maintains that shared use
and that way if you are close with that addition, it doesn't -- like Caleb said, it doesn't
diminish the percentage to a significant degree for the other portion that's already
developed. So, I guess it's not -- in my common experience I can recall where we did
another phase with a different owner, that has its own independent development
agreement, to somehow use some of the uses from the adjacent properties that are
already developed. I don't know how we do that. So, to me it seems a little premature
without some agreement from the first development, as well as some idea of what those
shared uses are going to be for us to craft something at this point. I guess -- I don't think
I can get there with you.
Borton: Mr. President?
Bernt: Mr. Borton.
Borton: I appreciate legal counsel's comments. It's kind of spot on on this one. The
concept has legs. I get what you are trying to do and why. But it's just not cooked, quite
frankly, to make a decision. I think with the DA being the only time this Council sees it,
those specifics will have to be there. You look at this project if it came in with phase one
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and two it certainly would have questions on the connectivity to the amenities in phase
one and two; right? You can clearly see there -- if you are going to walk to the pool, right,
you got to get out, go through the parking lot, down the street and you can't -- the
connectivity you would normally see admittedly is not there. So, to even contemplate
waiving amenities through sharing, all of that would have to be ironed out in writing, part
of the DA. None of that's done yet. So, if you could get there -- it's just not there and I
don't think we could act on it. I couldn't support this as presented, just because of those
uncertainties and Mr. Nary's -- he is spot on with that -- that guidance and caution. Just
trying to be frank with some of those problems.
Whallon: Mr. President, Council Member Borton, we are coming through the front door
with the expectation that this parcel, even if it requires a redesign of what you are seeing
here, we will meet all of the standards contained within development code for the City of
Meridian. Does this plan today meet those standards? We are not sure. As Caleb said,
we didn't do a full evaluation of the number of units, the amount of open space required,
the landscaping. This was just a presentation of highest and best use, what would a five
story apartment building fronting on Eagle Road look like? So, our in-house architects
drafted up something. Did we have enough parking to provide for that? Yes, it looks like
we do. So, it hasn't been finalized and it was our impression that going back through the
conditional use permit process, that would be where the city, staff, and the Planning and
Zoning Commission had the ability to review the project and ensure that it met all of the
standards. So, what we have before you today -- we are not saying this is exactly what
we will build, this was a visual representation of a multi-family housing project, instead of
a storage facility on these two parcels. So, we wanted to excise it out, because the current
approval is for storage on this property. The current development agreement. So, we
just want to reel back the development agreement and not required those storage units
to be built on Eagle Road and come back before the Planning and Zoning Commission,
through a review from the staff, for a multi-family housing project, meeting all of the
standards of the City of Meridian development code.
Borton: So, would it be -- would it be accurate to characterize it like a phase one of one?
Whallon: Yes, sir.
Borton: And -- because I think your references to phase one and two of River Valley kind
of maybe confused it, at least for me. That really what you are asking for is this is a
standalone -- exclude any reliance on anything to do with property to the east. This would
have all of the amenities, parking features, designed to be a truly independent singular
project.
Whallon: Mr. President of the Council, Council Member Borton, yes, that is correct.
Borton: Okay.
Hood: Mr. President? And if that's the desire of the Council, I mean you could make that
explicit provision in here, right, that talks about it being a standalone project and that goes
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to some of the previous discussion, too, about -- not that they couldn't have agreement
amongst themselves to share those amenities, but it would have to be a standalone
project on its own merits. That way if -- if this phase one of one is sold to someone else
it still has all the required open space and amenities potentially. You could make that a
DA provision.
Nary: Mr. President?
Bernt: Mr. Nary.
Nary: I could ask one more question then. And I'm looking at the existing approved
development agreement, Option A and B that Caleb showed previously. I don't see cross-
access in the location that's shown on your newer drawing. Is there cross-access
required in those two locations already existing in the River Valley one and two
development agreement? Because, otherwise, you are only building your side of the
gate, not theirs. If they don't want to put it -- if they don't want to put a gate there I don't
have any means to stop them from doing that. So, they have to provide you cross-access,
just like you would have to provide it to them.
Whallon: Mr. President, Members of the Chair-- City Council and Mr. Nary, the ownership
for phase one, phase two, and the proposed phase three is the same. Bach Homes owns
all three and at this point as we develop this new property, phase one of one, at that point
in time we could provide the amenities and an access, pedestrian and vehicular, to tie the
two projects together and, then, put the cross-access easements in place. So, that's
something that is still within our ability and capacity to do as the ownership of all three
parcels would be under the same ownership.
Nary: So, I just want to be clear of what the ask is then. You are asking ultimately to
amend the existing development agreement to maintain cross-access, as well as require
cross-access on the new piece?
Whallon: If -- I don't see any reason for us -- we are going to lease probably out of the
existing clubhouse, so there has to be some form of cross-connectivity between the
phases. So, they didn't anticipate this phase when -- when they constructed phase two.
They thought that was going to be the terminus. So, I think that with this new phase three
or phase one of one, tying the -- the projects together as much as possible would be
beneficial. That way people can -- can go between the phases without having to go out
onto River View, they could just stay within the development and that would be easier
both for the residents of the development and on the community's transportation system.
Nary: So, Mr. President, Members of the Council, again, I'm not trying to take over the
conversation here, but -- so, when the original approval was done for the storage units, it
was very clear to the city by the property owners -- by Bach, I guess, or River Valley, they
did not want vehicular cross-access. They only wanted pedestrian access and that's it.
And that was very limited. Because it was storage units. So, for security and such. So,
there was no -- there was no vehicular access. That was not limited, because it was only
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the storage unit. That has to remain for this to work and so we will have to amend the
existing one. We can't just take you out completely. We have to amend the one that
exists, as well as create a new one for this parcel and if you are the property owner of
both, that's fine, we could do that, but I wanted to make clear if that's what you are asking,
that's what we have to have.
Whallon: Yes. Mr. Mayor, I would like to just elevate the point that when they were viewing
it as a storage unit they wanted that as separate properties and now that they are looking
at, hey, this makes sense for a residential development, a third phase or phase one of
one, that ties in and relates to the existing, the attitude or the thought of connectivity
changes at that point in time.
Bongiorno: Mr. President?
Bernt: Mr. Bongiorno.
Bongiorno: Mr. President, Council, also -- and Mr. Nary, when the storage building was
going to be they -- they were required to have secondary access and this building will
definitely require secondary access. So, they are going to have to have something to get
a secondary access to the building. So, it's going to be required by me.
Perreault: Mr. President?
Bernt: Ms. Perreault.
Perreault: Can I change the topic just a bit? I'm pretty familiar with Regency and kind of
how vehicles move through that. It's not the smoothest and the entrance -- the main
entrance for -- for Regency is -- is odd and, in my opinion, not exceptionally safe. So,
now we are going to add an additional three to four hundred vehicles. If you have two
per unit, let's say, that are going to be using that same entrance to come into this whole
complex. Am I understanding that correctly?
Whallon: Mr. President, Council Woman Perreault.
Perreault: Perreault.
Whallon: Perreault. Sorry. This has a new access point that was closer to the mattress
store and the proposed drive-through restaurant. That will be their main access point to
this phase and so it will be a new access point that they are using, not the existing one
that -- that you mentioned that struggles.
Perreault: Is -- is that a right-in, right-out only or --
Whallon: It would be a right-in, right-out only.
Perreault: Okay. So, if someone's coming and wants to turn left -- left from -- I can't
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remember the name of the street that runs to the south here off of 55. They are going to
have to still go into the main entrance; correct? Am I -- am I understanding that correctly?
Whallon: I think they would have to travel east on River View and --
Perreault: Correct.
Whallon: -- do a U-turn to come back and -- yes -- yes, into the property.
Perreault: Okay.
Bernt: Any other questions for the applicant?
Cavener: Mr. Mayor? Or Mr. President.
Bernt: Mr. Cavener.
Cavener: Is it Mr. Whallon?
Whallon: Yes.
Cavener: Appreciate kind of you walking us through this. I want to touch on I guess one
other subject. One that's giving me a little bit of pause and I'm sure you reviewed the staff
report and all the agency letters and so the letter from West Ada School District is always
kind of one of the first places that I go and look and I know that they use a very generous
calculation for multi-family. Even so, I think where they--this would generate maybe they
assume 14 additional students and that doesn't sound like a lot, except for when we have
got a high school that's already significantly overcapacity and I'm -- I'm always sensitive
to -- if we know a school is over capacity, why would we start looking at another residential
unit that would only add more students? Can you help walk through why this project
meets that high threshold of adding more students to an already taxed high school?
Whallon: So, Mr. President, Members of the City Council, I think that there is a change
in demographics and single family homes generate -- you know, families want to live in
single family homes. People that choose to live in an apartment complex typically are --
maybe they are waiting a little bit longer to get married. Maybe they are waiting a little bit
longer to have children. But 134 units in a multi-family housing project will not generate
the number of students that 134 single family homes will generate. So, in this instance
it's 134 units, but the people that are choosing to live in this environment are the people
that are waiting longer to get married and waiting longer to have children.
Cavener: Mr. President?
Bernt: Mr. Cavener.
Cavener: Mr. Whallon, that may have been true in 2005 or 2006, but -- and maybe that's
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how it is in Draper, but in Meridian we are seeing a lot of single families that are living in
in multi-family projects and -- and clearly at least your sister property anticipated that
because there is pools and playgrounds, amenities not just for -- for single people, but for
families and so I will just be -- I think for a lot of the reasons that we have heard tonight
I'm struggling with this particular piece and I think it's added on top of it that we have at
least got at least one school that's already at capacity. It makes me at least take pause
if this is -- I know you said it's the highest and best use. I guess I haven't got to that same
conclusion yet.
Perreault: Mr. President?
Bernt: Ms. Perreault.
Perreault: I apologize, I really do want to revisit the access conversation, just -- Mr. Nary
leaned over to me and encouraged me to ask Caleb if he would, please, pull up an aerial
view of Regency one -- phases one and two and how the vehicles would flow through.
This is -- I think this is critical as we are discussing any kind of requirements we would
put into a DA.
Whallon: If I may as Caleb is pulling that up, I may have misspoke that this would be a
right-in, right-out only. I'm not sure of the spacing requirements that ACHD would require
of this and so there could be the possibility for it to be a three-quarters movement, right-
in, right-out, left-in, which would lend itself well to that coming from Eagle Road, being
able to make a left hand turn in.
Perreault: Mr. President?
Bernt: Ms. Perreault.
Perreault: That River Valley Street already has a barrier there, so I'm pretty sure it's -- it's
likely going to be a right-in, right-out. I can't say that unequivocally-- unequivocally either,
because I'm not the highway department, but there already is an existing barrier that you
can't make a left -- make a left turn on. But I don't know exactly what would be -- and
maybe this is a question for staff. What would be the appropriate request to make of an
applicant to show the safety factor of using the -- the entrance for the other -- the other
part of the development, if we -- if they are going to in some way be tied together with
access through the DAs. I don't know what it is we would ask to show that safety factor.
I just know my own personal experience, having spent time in there, it's -- I would have a
hard time adding that many more vehicles coming through how it's currently being
accessed. So, I think the staff is possibly bringing something up for us.
Hood: Sorry, Mr. -- Mr. President, Council Woman Perreault. I got some of the labels,
can't figure out how to get off. So, you will have to bear with me a little bit. But here is
the existing -- oh, sorry. Sorry. I'm out of practice. Thank you. All right. You don't see
that now? So, here is the existing -- the Regency project phases one and two. Here is
the site that we are talking about this evening with the existing access point. We can
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zoom in to the center median there today -- and, again, that was part of the conversation.
I heard some of it while I was looking up the map. I think that's -- some of that is still to
be determined by ACHD. They will look at the stacking. I mean that's something -- if we
are going to allow left's in here you got to have a stalking and I think you are getting pretty
close to the intersection here. So, there may be an opportunity for a left out of the site.
I'm not a traffic engineer, but I don't see a left-in probably working in this location. So, Mr.
Whallon mentioned a U-turn. You could potentially do a U-turn or as we have been talking
about could come through their project and -- and up. I can zoom in and out however far
you would like me to go. The safety concern that you have, I did not pull or ask police to
look in their database to see if there had been any crashes. You know, I do see -- again,
I live near this area. There is pretty high pedestrian traffic, obviously, at this intersection
driveway, with the co-op and some of the shopping and the rest of The Village there. I do
not know -- this has not come to our attention at the Transportation Commission in the
past couple of years. There was a request a few years ago -- a couple few years ago to
put a crosswalk here, but the volumes -- at that time ACHD did not warrant that and there
is not one there today. There is multiple questions there and I don't feel like I have touched
all of them, so if you could, please, tell me where you want to zoom in or out to or what
you -- what else I can address that would be appreciated.
Borton: Mr. President?
Bernt: Mr. Borton.
Borton: Maybe you mentioned -- to compound it, do I recall that the Eagle Road access
just south of the Great Wall goes away when there is that connectivity?
Hood: Correct.
Borton: Yeah. So, that funnels that through this as well.
Perreault: Mr. President?
Simison: Ms. Perreault.
Perreault: If I might recommend when -- when you come before us again, because I
anticipate this will be continued, if nothing else than to change the application to address
the issues with the DA. That -- that potentially the property managers that are on site
there can come and have some discussion with us about the flow of traffic through the
project. I have driven through here -- I don't even live in the area, just know people that
live in there that where there has been vehicles that have backed out into the -- the drive
aisle because of how the parking is designed. There is a lot of turns. You kind of wind
through here and there is some blind corners and whatnot and so I just -- I have concerns
from a pure practical standpoint about putting 139 more units in that allocation and having
them all be accessed through the same existing access that the -- the current property
has.
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Bernt: I appreciate the comments this evening with -- from Council. I -- the dialogue has
been great. I appreciate the presentation. Staff did excellent job. For me personally --
and this is -- this is a tough ask. I don't -- I don't -- I don't disagree that what you are
proposing isn't the highest and best use for this property. My number one concern is
access, especially with the amount of traffic -- the amount of units that you are going to
be building. I just don't know how you overcome that. Anytime when you have to do a
semi U-turn to get into the main access point to your property causes me to pause, frankly.
So, I don't -- I don't mind continuing this, but that's -- that's where I stand right now. But,
you know, we are probably a little bit premature offering our guidance and --without taking
public comment. So, maybe it's time to see if there is anyone online or anyone that's
available here at City Hall to offer any public comment. Ralph? No?
Johnson: Mr. President, there was someone signed in in person, but I don't believe he is
here any longer and there is nobody online.
Bernt: Okay. No public comment? Okay. Back to you.
Whallon: So, Council President, Members of the City Council, I appreciate your
comments and for what I have heard is that we need to ensure that there is a buffer along
Eagle Road, that there needs to be open space at the amount required by code. Also
cross-connectivity between the existing two phases, which would amend the existing DA
that would allow provisions for -- at a minimum pedestrian, if not vehicular cross-access
between the phases to be a requirement of the property and I think you would also like to
hear from the property managers on how access in and off of the property is conducted
and so I'm prepared to -- if we would continue this to come back with answers to those
questions.
Bernt: Sounds good. What -- what day would you prefer?
Whallon: Well, I live in Boise, so any -- any Council meeting that you guys would like to
have us back. I think that we can get to work on this and we can have visual
representations done in two weeks time. I don't know if that's too quick to come back or
-- we are at your leisure. We would come back -- whenever you would make time for us
we would come back as soon as possible.
Bernt: I think that -- I think that wouldn't be a terrible idea. It's just a matter of what that
looks like for our staff to be able to create new -- new information for a presentation. So,
I'm going to punt to Caleb to see what that looks like for him and, then, we will make a
decision.
Hood: Yeah. Mr. President, I appreciate that. Honestly, I don't know how much of what
Mr. Whallon -- how he just summarize that -- what you expect staff to do with that
information, if anything. So, if you would like us to take that and address that or just him
present that to you without -- without staff's input -- if -- if us, then, we typically do need
15 days from when we receive that information to write up the memo to get it into the
packet. So, I would prefer --
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Bernt: And I think Council would be in agreement that we would want you to be involved
and you would -- we would want you to craft something that would be in our best interest
and so we are looking at an open date of 11/16 and we do have one public hearing on
the 23rd and so -- of November. So, what does that look like for you, Caleb? Is that
enough time?
Hood: Again, if two weeks and, then, another two weeks for us to analyze that. So,
roughly a month. I didn't -- I don't have a calendar in front of me and I -- I heard your
dates, but I wasn't -- I mean we are right around Thanksgiving anyways; right? I don't
know what the -- I don't know what the clerk has on those agendas, but we can make that
work.
Bernt: So, I -- I would -- I would entertain a continuance to November 23rd from a member
of Council.
Perreault: Mr. President? We take public comment at -- at that hearing as well?
Bernt: Yeah. It's still open.
Perreault: I move that we continue file number H-2021-0059, to the hearing date of
November 16th? Is that correct?
Bernt: Or the 23rd.
Perreault: November 23rd?
Bernt: I would prefer the 23rd.
Perreault: Okay. So, that the applicant can provide additional information to us that was
previously stated.
Bernt: I have a motion. Do I have a second?
Borton: Second the motion.
Bernt: I have a motion and a second to continue this application to 11/23. Any
discussion?
Borton: Mr. President?
Bernt: Mr. Borton.
Borton: Part of that process in prep for that hearing, I think it would be really helpful --
you probably already planned on doing so, but to coordinate with city legal counsel and
have some of those specific DA provisions lined out. I know there is a lot of moving parts,
but this one's a little unique. So, that would make it more productive.
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Hoaglun: Mr. President?
Bernt: Mr. Hoaglun.
Hoaglun: Question for Mr. Nary. I was wondering how far along that DA process can they
go or is it just points that these will be placed into the DA or are we actually going to look
at a DA?
Nary: So, Mr. President, Members of the Council, Council Member Hoaglun, we wouldn't
have a DA prepared yet. We don't really do that until there is findings to work from. But
we certainly can have a conversation with either myself or one of my other deputy
attorneys on what language we think is necessary. I think we have kind of spelled out a
little bit tonight. Again, we need that cross-access from both sides. We need to make
sure -- it appears there is only one access point currently. So, we need some assurance
that that's going to remain and, then, also that if there is going to be the potential
agreement between phase one and two and phase three for shared use of facilities, then,
we want that also spelled out, because that would have to be in both agreements as well.
So, I think we can talk about language and, then, we can get more into detail, but we need
to at least get the concept down.
Bernt: All right. I have a motion and a second on the -- on -- on the table. All those in
favor signify by saying yes -- aye. Any nay? It looks like the motion passes. Thank you.
MOTION CARRIED: ALLAYES.
19. Public Hearing for Hatch Industrial (H-2021-0026) by Hatch Design
Architecture, Generally Located on the East Side of N. Linder Rd. and
the North Side of W. Franklin Rd., South of the Railroad Tracks, and at
160 N. Linder Rd.
A. Request: Amendment to the Comprehensive Plan Future Land Use
Map to change the future land use designation on 42 +/- acres of
land from Mixed Use — Community to Industrial.
B. Request: Annexation of 1.59 acres of land with an I-L (Light
Industrial) zoning district with a request for City Council approval of
a reduced buffer width to residential uses from 25 feet to 5 feet.
Bernt: Moving on to Item No. 19. We have a public hearing for Hatch Industrial. That's
item number H-2021-0026. Turn the time over to the staff.
Hood: Me again, Mr. President, Members of Council. The application you have before
you for this project is actually twofold. There is the Comprehensive Plan map amendment
and an annexation. Just a quick side note, because the last time I presented to Council
I also had a comp plan map amendment. There is actually one more in the queue. We
talked about that last time. So, this -- these were all submitted by that June deadline, but
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they have kind of gotten stretched out with continuances and things through the process.
So, there is still one more off a Locust Grove that was approved I think last week, the
week before, by Planning and Zoning, so you will see that in a few more weeks. But we
did group those and looked at them all concurrently, but they are on different tracks and
so just, again, a quick side note there. So, the -- the two applications include about a 42
acre comp plan map amendment and, then, an annexation and zoning of approximately
1.59 acres of land that's currently zoned R-1 in Ada county. So, the -- the properties are
located, as you can kind of see here, on the east side of Linder Road, north of Franklin,
south of the railroad tracks. So, here is the railroad track. So, it is all the properties with
frontage on Linder Road between Franklin and the railroad tracks. There are some
existing businesses in here. Childcare facility. Awoman's birthing center. Some -- some
vacant parcels and, then, some single family homes kind of along that frontage there. On
the other side you can see this --
Hoaglun: Caleb, sorry to interrupt, but --
Hood: Not showing it.
Hoaglun: -- we are still on the --
Hood: Please -- yeah. Stop me earlier. I'm sorry.
Hoaglun: We are just trying to have you practice more and get back into the rhythm.
Hood: Well, hopefully, I painted a nice picture. Linder Road. Railroad tracks. Franklin.
That's where we are at.
Bernt: Isn't there a song about rhythm?
Hood: All right. Sorry about that again. So, all the properties are, again, located between
Franklin and the railroad tracks. On the other side of the road is our existing industrial
type of uses. So, you have autobody repair, storage, some other, again, industrial type
users on the other side of the road and, then, again, on this side of the road there are
some existing businesses on -- along the frontage and -- and the MUC is actually shown
on -- on the middle graphic, the future land use map graphic. You can see it better in the
aerial, I guess, the existing warehouses and industrial buildings. So, this frontage is really
kind of sandwiched in between two industrial -- ones more of a park and the other one is
just more standalone complexes, I guess, for lack of a better term there. I do want to
point out, again, Comprehensive Plan map amendment and annexation, but the
annexation is only for the 1.59 acres. The roughly 40 acres that are left this -- any action
tonight will not change the zoning for any of those properties. So, they are what they are
and would require a future application to change any of those. Again, the comp plan map
amendments to go from MUC or mixed use community to industrial. The concurrent
application is for annexation to I-L. So, again, industrial on the 1.59 acres. And move
this a little bit. Which is kind of in the middle of that overall -- that overall site. So, you
can see that a little bit here on the zoning map. The two parcels -- there, again, roughly
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halfway in between Franklin and the railroad tracks. So, these are the only two parcels
that are proposed for the annexation. All the rest of them are subject to the comp plan
map application. The applicant did submit a conceptual development plan and, again,
I'm going to use some similarities to the last project, although different. A conceptual
development plan shows roughly a 20,000 square foot industrial building, with some
potential warehouse and flex space. Again, same thing, this would be subject to all
current city codes and standards for design review, certificate of zoning compliance if
approved in the industrial zone. We didn't -- we did not receive and they are not required
-- conceptual building elevations. So, we haven't done that review on the structure itself.
But they would be required to comply with the architectural standards manual after zoning
to industrial. A little bit more that's shown on this plan. There is a 30 foot wide utility
easement on the -- on the east side of this property for Idaho Power. There is the parking
that would be necessarily -- would be necessary for the project. Obviously, one access
point to Linder. I will point out they are showing cross-access and staff is supportive of
that. So, we can limit access points to the arterial roadway. Linder as well. So, appreciate
that. The cross-access is shown and, again, there is a development agreement provision
that requires that. I will also note the last --the last thing I have to note is that the applicant
is requesting some relief from the standard 20 foot -- 25 foot wide landscape buffer
requirement between industrial. So, this is zoned industrial. There are two residences
north and south of this property. Still zoned in the county, but they are existing residences
and our code would require a 25 foot wide buffer between those uses to an industrial --
on an industrial property. They are proposing requesting that you approve tonight five
feet on either side. They have submitted letters of support for that request from each of
those adjacent property owners. So, from the north Mr. Reimer submitted consent and
to the south Mr. Olson submitted consent. So, if you want to look at DA provision D on
page 12 of the draft staff report for the development agreement, it calls that out, but
would request, if you are so inclined to approve that reduction in landscape buffer, our
code does require that you take specific action on that. So, if you could make in any
motion for approval -- address the landscape buffers anyways, that would certainly help.
And I know that Mr. Jeff Hatch is here this evening, so I think I will stop there and he can
cover any gaps I may have made in the presentation. But, Mr. President, I will turn it back
to you.
Bernt: Thank you, Caleb. Any questions for staff?
Perreault: Mr. President?
Simison: Ms. Perreault.
Perreault: Caleb, I -- for some reason this -- I was having a hard time wrapping my head
around some elements of this. So, the application for the annexation, if that's approved,
then, essentially, the applicant could just submit for a building permit. I mean they
wouldn't need -- there isn't anything else that would need to be done; right? So, the
request for the reduced buffer being -- being made with -- without actually knowing the
function of the space -- legitimately knowing the function of space, because right now it's
all completely conceptual and how do we -- like give us some guidance here on how to
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make that consideration? Because even if the current residents that live there are
approving it, you know, if -- if the applicant uses the building for something that's a more
intense use than what they are describing here and we have approved this five foot buffer
for these residences, I mean how do we -- help us understand how to kind of think through
that I guess.
Hood: So, Mr. President, Council Woman Perreault, I think that's a legitimate concern. I
guess I would say -- and, again, I'm not Sonya, so I don't know if this went into all of her
analysis or not, but I do think there is a high probability that these other parcels will
redevelop in the near future and so the requirement for the 25 foot buffer will someday no
longer be needed, because you are going to have industrial to industrial to industrial and
some of those residents will -- will, again redevelop. I didn't note, but I'm sure most
everyone -- if not everyone knows that Linder Road in this area was -- was widened and
it's got curb, gutter, sidewalk now and a very nice corridor that can accommodate larger
vehicles and larger trucks and so, again, I think it's one of those areas where we do want
some more industrial in the city. It makes a lot of sense to have more industrial. We are
not trying to push the homes out necessarily, but when the existing homeowner says we
are okay with a five foot buffer there, you know, I don't -- I don't know that that's your
concern. If we have that property owner saying, yep, we are good with five feet, it is there
for their benefit and I don't think it benefits the city or anyone else in the public to have a
wider than that buffer. But there is some risk, to your point. They could sell and someone
else wants to live there for another 20 years and you are -- and they are stuck with a five
foot landscape buffer, so there -- I guess to answer your question there is some risk. I
can't remove all of that -- the questions in your mind. This could be a more intense -- it
could be more intense than warehousing and flex space. So, again, there is some
potential for nuisance in this location. But, again, when we get letters from those property
owners I tend to go, okay, well, you understand you are getting a five foot -- one more --
sorry. One more -- one more point to that. It does not reduce the setback requirement.
So, it can only be the parking up to there. They couldn't put the building within five feet.
So, the building would still be 25, 30 feet, whatever that -- whatever that setback
requirement is. So, I don't know if that helps or not, but there is a little bit of separation
anyways from those uses.
Bernt: Anymore questions for staff? Seeing none, we will invite the applicant to come up
and hear from them.
Hatch: Jeff Hatch with Hatch Design Architecture. Address is 200 West 36th Street,
Boise, Idaho. 83714. Good evening, Mr. President and Council Members. Thank you
for your consideration of our annexation application this evening. I do have a
presentation. Can everybody hear me? Okay. Sometimes I stand too far back. I just
want to make sure, so --
Johnson: Keyboard. Not the mouse on that.
Hatch: Caleb did a great job kind of recapping the project, but we wanted to just clarify
again at our P&Z hearing was a gentleman there that was thinking we were annexing his
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property, because it was involved in the future land use amendment, so I just wanted to
clarify that the two subject properties would be annexed. The balance of it is just an
overlay modification of that future land use map amendment. With that we have currently
the Cream Line Industrial Park to the east. We have railroad tracks to the north and we
have a range of industrial uses to our direct west, as well as an irrigation canal to the
south. So, just kind of zooming in a little bit, you can see -- you know, we are kind of
surrounded by similar proposed uses -- industrial uses, you know, mechanic and flex
spaces and things of that nature in this area. Some larger and some smaller. You know,
the -- the request for the reduction in the setback that Commissioner Perreault had some
questions or concerns on, I would like to elaborate a little bit. To achieve what -- what
staff wanted us to provide to justify that reduction took us about 12 months. Just prior to
our P&Z hearing, the date of the Planning and Zoning hearing, the gentleman to the south
happened to be in town at Cabela's. He's building a house remotely in some place that
doesn't have cell phone reception or e-mail in Idaho and we just happen to catch him and
the property owner of this subject application ran down, met with him, clarified the intent,
kind of -- he was like, oh, yeah, I remember these e-mails and things and thanks for
meeting with me. And so we were able to achieve that -- that signature, as well as the
one to the north. You know, a couple public hearings on -- on this -- or neighborhood
meetings on -- on this proposed project and, you know, with that I wanted to make sure,
one, we have the buy in from the adjacent neighbors that are directly affected, but, two,
when the properties to the north and south are developed, we are still going to be
maintaining the setbacks and the landscape buffers required for the industrial zone and
so just kind of looking at, you know, achieving, you know, the concerns of the neighbors
now, but achieving the concerns of the city as these parcels are developed in the future.
The proposed project and the application and some of -- and just for clarification we did
provide a floor plan and conceptual elevations that staff recommended be kind of tied to
this application, so that we don't have, you know, just a general idea out there, we have
a proposed project and something that goes with this approval as far as documentation
of what our intent is and so we have a multi-flex building proposed. It would be industrial
in nature, but we do have more of a street presence or retail on the frontage and, then,
kind of a large garage space for -- for multiple uses to each of the -- those businesses.
So, with that the proposed elevations that have been provided showcase a concept of
something that's a little bit more retail in nature towards the street. So, we have a lot
more glazing that you would see across the street or in the tilt-up buildings elsewhere.
Something that's going to raise the standard of industrial buildings along this corridor. So,
you know, as the balance of it is built out along Linder, hopefully, we are kind of helping
set that standard and that bar for the City of Meridian. With that I will stand for any
questions.
Bernt: Any questions for Mr. Hatch? Ms. Perreault.
Perreault: Which of -- I imagine that you came forward with the comp plan map
amendment -- in talking with staff probably city saw that as an opportunity to -- to bring
that forward. I don't know what the -- the owners of those other parcels -- what their
involvement has been in this process, but has there been any conversation with any of
the neighbors as you have gone through this in terms of -- if there -- if there is going to be
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industrial development, future development -- there is some county parcels here, some
-- some that are already annexed -- how that would play out? Some of these parcels
aren't very big and I would assume that some of them would have to be -- that there --
that some of the parcels will have to be purchased by the same owners to come forward
with request for projects. So, are they -- are most of them an acre or less and -- really
what I'm trying to get at is we look at changing the comp plan amendment. Is it even
possible for these to become industrial use, just based on how they are owned, how they
are currently divided in parcels, and maybe that's a question for staff as well. Just
generally is it possible to even -- to practically make these industrial -- make this an
industrial area with those current factors?
Hatch: Caleb, could we go back to the overall -- this new map that I had in my
presentation? That might be helpful for this conversation. While he's pulling that up --
so, in our particular case we merged two parcels to be able to do a fairly large double
tiered industrial building. If you took our concept and just did it with a single row, you
could achieve that on the same size parcels on either side. You would reduce the -- the
width -- or the depth of those units that we are looking at. We take the same building,
split it in half and reduce it by ten feet on each side for the depth of those units, you could
do this within the property with a lot line adjustment on these two parcels. So, the parcel
to the south of the -- on this proposed parcel could easily achieve industrial building, just
in and of itself. The one on the north in that particular case of the parcels that we were
just talking, would be a little bit more problematic. So, if we go back to the balance of the
parcels in question, the one directly north of us could be achievable. The one on the far
north could be achievable. Some of the ones in between may need to be merged over
time and in many cases some of those are owned by the same property owners. So, I
think there are ways to that. You can see to the very northwest there is an industrial
building right up against the train tracks, which is comparable in size to some of the other
parcels that are subject to the one in question.
Hood: Mr. President, can I build on that answer just a little bit if you don't mind. Maybe
I'm picking it up from Chris a little bit here. Let's see. So, if you look on the screen now
you can see --this is kind of the other piece of that puzzle -- back to the potential to rezone
or redevelop the properties -- the properties that have the call outs there have all
consented to the comp plan map change. The other three we haven't received anything,
but they haven't opposed it. So, we have a vast majority of them that are interested to
some degree to redevelop their -- their properties with industrial uses.
Hatch: Just to clarify on that, the far northern parcel came to the P&Z hearing. We did
discuss with him in person. He was like, well, okay, it seems like it's better, because right
now what I'm working on next to a train track doesn't make a lot of sense. So, it seems
like it's cleaning up stuff for me as well. He didn't have any opposition at that hearing.
Bernt: Anymore questions for the applicant? Mr. Clerk, do we have anyone online or is
there anyone here present in City Hall that would like to make public testimony?
Johnson: Mr. President, nobody online.
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Bernt: Ralph, I'm going to give you a second option. Ralph says no. Okay. Speak now
or forever hold your peace, Ralph. Okay. Changed his mind. All right. Any last questions
from the applicant? Oh, sorry.
Strader: I just want to double check if Kyle had something for Public Works -- or hopefully
Kyle is not waiting for me, because I just sent him an e-mail. Oh, my God. I'm so sorry.
I have been trying to e-mail you not to wait for me. This could go forever. Who knows.
Hopefully not, but --
Bernt: No?
Strader: No.
Bernt: Okay. If you would like to come up and finish, Mr. Hatch.
Hatch: I thank you, again, for your questions and concerns for this project and Meridian
just went through a Comprehensive Plan a couple of years ago and so we don't take
these requests very lightly. During that there was a lot of concern with growth, especially
on housing. One thing that I felt was, you know, kind of sidelined a little bit was the -- the
evident need for industrial land in Meridian. At that time we presented to Council a
separate project, but similar incident. Happened to be kind of a -- an over look at the
parcels that looked good for -- for light industrial. In that case, you know, the thing you
can do every ten, 20 years is request the Council direct. In this case went through the
application process to make the same. I think this involves the immediate neighborhood
quite a bit more. It's a more intimate process for the rezone and I think it in this case
helped encourage coordination with that local neighborhood to make sure this was an
informed decision. Thank you.
Bernt: Thank you. What's the pleasure of Council?
Cavener: Mr. President?
Bernt: Mr. Cavener.
Cavener: I don't have any other comments or questions, concerns, so I move we close
the public hearing on number 19, Item H-2021-0026.
Strader: Second the motion.
Bernt: I have a motion and a second to close the public hearing for Item No. 19, H-2021-
0026. Any discussion? Any discussion? All right. All those in favor for that signify by
saying aye. Perfect. Motion passes. Okay.
MOTION CARRIED: ALLAYES.
Cavener: Mr. President?
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Bernt: Mr. Cavener.
Cavener: I want to commend Mr. Hatch. Appreciate -- nice seeing you first off.
Appreciate you being here before us and just commend you on your work and engaging
the neighbors and kind of being proactive on that. I think that's probably one of the
reasons why we had an empty chambers tonight. So, unless there is any debate or
discussion, I'm happy to move that we approve Item No. 18, Regency River at Valley,
Item number 2021 -- oh, sorry. Sorry. That's -- reading the wrong one. Sorry, folks. Item
19, Hatch Industrial, H-2021-0026 as presented, including all staff and applicant
testimony, including the request to reduce the landscape buffer to residential use from 25
feet to five feet as referenced in the applicant testimony.
Bernt: I have a motion by Mr. Cavener. Do I have a second?
Perreault: Second.
Bernt: Second made by Ms. Perreault. Any discussion on the motion?
Perreault: Mr. President?
Bernt: Ms. Perreault.
Perreault: I echo Councilman Cavener's statements. We do need that industrial and our
economic development department has -- has looked and searched long and hard for
places for us to bring that into the community. So, thank you for the work that you have
put into allow us to -- to partner with us to do that. Really appreciate it.
Hoaglun: Mr. President?
Bernt: Mr. Hoaglun.
Hoaglun: Real quick just -- yeah. This is an area in transition. We know which way it's
going. It's going industrial. It's always great to put more industrial property into Meridian
and I want to thank you, Mr. Hatch. I really like the design of that look. You have got that
building, the length going back and more glazing along Linder Road, which -- which is an
important corridor and it's very nice looking. So, appreciate that effort that you put into it.
Bernt: I echo the sentiments of Council as well. Thank you, Mr. Hatch, for your diligent
work. All right. We have a motion and a second on the table. All those in favor signify
by saying aye. Any nay? Motion passes. Thank you.
MOTION CARRIED: ALLAYES.
FUTURE MEETING TOPICS
Bernt: Last item of the evening. Future meeting topics. None? Okay.
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Cavener: Mr. President?
Bernt: Mr. Cavener.
Cavener: Perhaps maybe just a conversation, either as a future meeting topic or a
conversation for you with the Mayor, just outlining our policies and procedures about the
public comment portion of our meeting. I think -- I think we all got a letter from a citizen
who tried to testify tonight and was a little frustrated or confused about what that process
is. Just so it's transparent and consistent, so that those that are planning to comment
they are planning to be here right at the meeting, that there is a pathway for them to sign
up in advance and maybe even a grace period, so that if they get here right at 6:00 they
have the opportunity to provide that feedback.
Bernt: Point taken. Thank you. Anyone else?
Hoaglun: Mr. President?
Bernt: Mr. Hoaglun.
Hoaglun: I move that we adjourn.
Cavener: Second.
Bernt: I have a motion and a second to adjourn. All those in favor signify by saying aye.
Aye. Motion passes. We are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 7:34 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
11 / 23 / 2021
MAYOR ROBERT E SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
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