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HomeMy WebLinkAbout2025-04-07 Elwood Cleaver Elwood I Kleaver, Jr. 3855 W Sunny Cove Lane Meridian, Idaho 83646-7263 Telephone 208-830-5998 elwoodkleaver@gmail.com April 7, 2025 Mr. Robert Simson, Mayor of the City of Meridian Luke Cavener, John Overton, Anne Little Roberts Liz Strader, Doug Taylor, Brian Whitlock City of Meridian, City Council Members 39 East Broadway Meridian, Idaho 83642 RE: In-N-Out Ten Mile-CUP H-2024-0058 Dear City Council Members: My name is Elwood Kleaver, and I reside with my wife in the age qualified Brighton Corporation Community of Senior Citizens (+55 Community) comprising of 165 homes that were included and approved as part of the initial project that was commonly referred to as Costco in Meridian, and we are located on the west side of the Costco building. I first learned of In-N-Out’s interest in establishing an operation at the corner of Ten Mile and Lost Rapids when I received notice about a video presentation by the applicant this past July. We notified our residents and in less than two days we had over 50 residents in attendance for an evening meeting and together we listened to Mr. Scott and his presentation on In-N-Out’s interest in Meridian. Mr. Scott provided an overview of how his organization was including Meridian Idaho, as being a growth opportunity for his company very similar to their recent successes in Utah and other places. At the conclusion of his presentation, he accepted questions from our group as well as from other interested parties. I did have an opportunity to ask him several questions including how many other sites locations, in Meridian, had he considered as possible other locations to the one at Ten Mile and Lost Rapids and he indicated that there was only one site being explored. After the July video presentation there was no further information or feedback from anyone at In-N-Out or the City of Meridian, although I continued to monitor the City of Meridian’s Project Site Review Website and occasionally talked to one or more of their Project Review Specialists. Over the next several months, with no apparent activity which appeared to indicate that there was a lack of continued interest on the part of In-N-Out, but on March 12, 2025, I saw new 1 information on the City of Meridian’s Project Site Review Website which indicated that the project was moving forward. I immediately realized that if I were to have any meaningful role in this process, I needed to have a better understanding of how and why the initial Costco development project was created, negotiated and approved back in 2018. I initially went to the City of Meridian’s website for Meridian Council Meetings Minutes and found pertinent baseline information. I then moved on to look at the City’s strategic goals and objectives back then as well as who were the members of the Meridian City Council at the time in 2018, I continued the process of reviewing Meridian City Council membership and goals and objectives up until the most recent published information in 2024. As I was compiling this information, I also realized that the current Meridian City Council would also have access to this same information, but they also have an added benefit of one of their own current City Council Members, Mr. Cavener, was also a member of the Meridian City Council in 2018, who could provide them with personal insights into the formative stages and discussions of the City Council at that time. I am also aware that many people have been sending letters to the City Council regarding the In- N-Out application both in favor of and opposed to the applicants’ recent proposal as they are free to do as citizens of Meridian and not unlike what I am in the process of doing today. I doubt however that many of them have had the opportunity to look back at the baseline information that I referenced above to see what was intended at the time and how resolutions were achieved. That of course is not intended to include those residential neighborhood community members who were active participants in the process over those many months back in 2018. As such, I have decided to include some of that information that I have acquired as an attachment to this letter. I have also separately attached the Minutes from the relevant City Council Meeting in 2018, for everyone’s use and benefit. I unfortunately will not be able to sign-up for the meeting on April 17, 2025, as I have a prior obligation to attend a religious service in preparation for Easter that evening but if the Meridian City Council is still in session later in that evening, I look forward to coming by and participating in the Council Meeting process. Outline of my presentation:  My brief personal background describing my continued interest in planning and development projects.  My in-depth multi-year review of the Meridian City Councils goals, objectives and strategies provided in summary form as part of my letter and a more detailed Meridian City annual report, including the Mayors’ personal summary report, minus pictures, to Meridian citizens as an attachment to this letter.  The Meridian City Council leadership since 2018 to present time.  My high-level overview of the initial project design and the evolution of what is now a very popular commercial business location operating in harmony with residential neighborhood communities. 2  My review of discussions and issues during the 2018 Meridian City Council session along with their initial approval of the Costco proposal including area neighborhood meetings and compromises by all parties.  Brief excerpt from the Minutes October 6, 2018, City Council Meeting  Noise and other abatement restrictions for the Complex.  My recent early evening visit to the current Complex area, where I saw a transition taking place of how a busy business workday environment and residential neighborhood communities arrived at meeting most everyone’s objectives.  The question of why the In-N-Out applicant representative indicated during an initial public access overview forum in July 2024, that the Ten Mile and Lost Rapids Drive proposed site was the only site they had considered in the northern part of city of Meridian.  My description and existing current traffic experiences that I and other area residents have experienced in and around the proposed project site as well as traffic congestion once entering the Complex area.  Additional Chinden Boulevard entrance to the Complex.  Entering any of the three primary ingress/egress locations in the Complex.  My High-Level Summary, Conclusion and Recommendations. My Brief Personal Background Although I was not a Meridian resident when the initial Meridian Costco proposal was initiated and approved, I was not totally oblivious to what was going on in my neighboring city, of Meridian especially with the size of a Meridian Costco initiative at the time. I was however previously on the Board of the Boise Chamber of Commerce and its Executive Committee as well as Chairman of several committees including the Boise Valley Economic Develop Partnership (BVEP) which was and continues to attract new business to the Treasure Valley and occasionally to the broader State of Idaho. BVEP, when I was involved was primarily funded by Boise companies, however we served the entire Treasure Valley with the understanding that which benefited one Treasure Valley City benefited everyone. Several projects then and now have ultimately found their permanent relocation business homes in Meridian and surrounding communities; and for a long time, the former Mayor of Meridian was an active member of BVEP and was a Chairperson of one or more BVEP subcommittees. My in-depth multi-year review of the Meridian City Councils goals, objectives and strategies What I learned from my initial review of annual reports by the City Council in 2018 reports and those thereafter up to and including 2024 along with its goals and strategic objectives that have continued to project a City that was progressive in its approach to planning for the future and contingencies, including a place for residents to live, work and raise their families; for 3 responsible Government and investing in their employees; Police, fire and public safety and the list goes on as you can see below. Although the Mayor and all but one of the City Council Member seats have changed over that period of time there were no substantial or mass departures in membership and an overall commitment to being a responsible government; a place for residents to work and raise their families; provide balance budgets; and being a partner in Education, etc., it continues on. There was however a significant change in 2022 when the City adopted a District approach to the way the City Council Members, excluding the Mayor, are elected. Each of the six District candidates in Meridian must now live in the district in which they represent. This was intended to bring the election process down to definable location (districts) within the city whereby citizens in each district can identify with their district representative on issues related to their district. All City Council District Members including the Mayor, however, continue to vote on all City of Meridian governing matters as they have done previously. I have summarized below a high-level snapshot of initiatives and strategies to give everyone an overall feel for the City Council’s work plan. Some of the initiatives are multi-year initiatives while others may be accomplished in one or two years. As an addendum to this letter I have included the year-by-year reports, 2018 – 2024, including strategies, initiatives and Mayors’ reports.  A place for residents to live, work and raise their families.  Provide for responsible Government and investing in their employees.  Provide a safe, healthy and secure environment.  Create a dedication to Arts, including Mural’s and other cultural recreations.  Be transparent and have an open form of Government.  Partner in Education.  Public transportation.  Destination Downtown.  Police, fire and public safety.  Waste water treatment facilities and safety.  In 2022, as mentioned above the election of Meridian City Council Members is now done on a District and staggered basis as to avoid mass changes in leadership in one year.  A slight change in annual report presentation by segregating their initiative into Six Strategic categories – the substance did not necessarily change but it created a more dedicated focus on issues.  Playground facilities.  Pool management.  Pickleball courts and public recreation.  Responsible Government.  Balance budgets.  A Streetlights master plan. 4  The list could go on but hopefully you get an overall sense of who Meridian Government is and where is it headed. The Meridian City Council leadership since 2018 to present time.  Meridian Leadership in 2018 Tammy De Weerd – Mayor Joe Borton Anne Little Roberts Genesis Milan Keith Bird Luke Cavener Ty Palmer  Meridian Leadership in 2019 Robert Simison – Newly Elected Mayor Joe Borton Luke Cavener Genesis Milan Anne Little Roberts Treg Bernt Ty Palmer  Meridian Leadership in 2020 Robert Simison – Mayor Liz Strader Tret Bernt Joe Borton Jessica Perreault Brad Hoaglun Luke Cavener  Meridian Leadership in 2021 Robert Simison – Mayor Liz Strader Tret Bernt Joe Borton Jessica Perreault Brad Hoaglun Luke Cavener 5  Meridian Leadership in 2022 Robert Simison – Mayor Liz Strader - Seat 2 Tret Bernt – Seat 4 Joe Borton – Seat 1 Jessica Perreault – Seat 5 Brad Hoaglun – Seat 3 Luke Cavener – Seat 6  Meridian Leadership in 2023 Robert Simison – Mayor Liz Strader - Seat 2 John Overton – Seat 4 Joe Borton – Seat 1 Jessica Perreault – Seat 5 Brad Hoaglun – Seat 3 Luke Cavener – Seat 6  Meridian Leadership in 2024 Robert Simison – Mayor Liz Strader - Seat 2 John Overton – Seat 4 Brian Whitlock – Seat 1 Anne Little Roberts – Seat 5 Doug Taylor – Seat 3 Luke Cavener – Seat 6  Meridian Current Leadership Robert Simison – Mayor Liz Strader - Seat 2 John Overton – Seat 4 Brian Whitlock – Seat 1 Anne Little Roberts – Seat 5 Doug Taylor – Seat 3 Luke Cavener – Seat 6 My high-level overview of the initial project design and the evolution of what is now a very popular commercial business location, operating in harmony with residential neighborhood communities 6 The initial Costco project included space for additional undefined number of other businesses, a multifamily apartment facility, and an age qualified Brighton Corporation 55+ community. Going forward, in the text of my letter, I will refer to Costco and the additional business as the “Complex” because most of City Council Minutes and ultimate issues that the Council addressed related to everyone going forward. If I need to reference Costco individually, I will do so. After reviewing the minutes from the initial Complex review process, I would identify them as adversarial, especially when addressing the adjacent residential neighborhood community issues and Costco itself. The developer’s design criteria, the Meridian Planning Commission, the Meridian City Council and residential neighborhood communities were all engaged in the specific site location process of the Costco facility and once that issue was resolved other issues of noise, lighting, etc., all started to come together. From my personal visits to the Complex recently I continue to be impressed not only by how well everything came together but also how it continues to thrive. It appears to be a great example of how a group of independent parties can come together through a deliberative process with a City Council’s guidance and support to bring about economic development and surrounding residential neighborhood communities and family lifestyles all working and living together in harmony. I would however be naive to believe that everyone got everything that they wanted through this process, but to date it has resulted in no business turnovers or closures and just recently when I walked over to the Complex around 8:15 PM, just prior to Costco closing for the evening and there was sense of peaceful calmness settling in at the Complex as well as in the nearby residential neighborhood community with children and families beginning to retire to their homes for the evening. Just like most other residential neighborhoods throughout our Meridian community. I would recommend to other communities wishing to create a healthy blend of economic development and residential neighborhood communities planning that the Meridian City Council’s approach in 2018, turned out to be a great lesson for others to emulate. My review of discussions and issues during the 2018 Meridian City Council initial approval of the Costco proposal including area residential neighborhood meetings and compromises by all parties It is my understanding from the P&Z approval process and that of the Meridian City Council application process pertaining to required condition for a zone or any other zoning requirement include hours of operations, parking space, size of signage and lighting and location of curbs cuts for ingress/egress etc., will be reviewed for consistency with existing Complex like businesses. I do not know what all is included or covered under etc., but I would strongly suggest that a thorough review of the applicant hours of operation, lighting and noise limitation during periods of impending darkness and darkness itself be consistent with already established and expected guidelines for all businesses in the immediate area. Earlier I described the initial meetings between the parties as adversarial which is probably not unlike other similar initiatives where a large development project like a Costco company or other 7 prominent company proposes a development in close proximity to an established residential neighborhood community. But then as the major issues were addressed and reasonable compromises surfaced and were agreed upon, an openness begins to have a seat at the table. When this can come about naturally or in some cases by a third party, like a City Council, the pieces start fitting together so long as the hardcore basic underlying principles and interests of all parties are been protected and preserved. Sometimes you never quite know when this happens, but you know it after it does. It is especially difficult to identify something like this just from reading the minutes as are more for documenting actions or events. What I am talking about are like subtle changes in tones, respect, a smile or openness that we probably all have experienced over the years. Even though I suggested that these are difficult to discern through minutes themselves I have attached an example of when the minutes captured an openness of what I was trying to describe. This took place at a meeting on October 6, 2018, and I have included it below. I have also attached all the Minutes as an addendum to this letter. Brief excerpt from the Minutes October 6, 2018, City Council Meeting “Cavener: Recognize that we are talking about the design, as someone who has been involved in this process -- and I just am curious is -- does the design better meet kind of what the neighborhood was looking for from your perspective? Understanding you're opposed to the development, but the topic here tonight is the design. As someone who has been here for every meeting, I'm just curious if you would be willing to provide some perspective about the design and the layout of the building. Burke: Well, it's -- you must give kudos to Costco, to -- and their folks who worked with them -- with the design. It's much better than what the original plan was. I must, you know, give credit where credit is due. They have been very gracious in putting up with us and -- and working with us on the design, as well as the concern of it going in to begin with. So, yeah, kudos to Costco for the design. Cavener: Madam Mayor, follow up. Were there -- are there any elements that they haven't included that -- that you wish would have been included or something that was taken out that you really like? Burke: Well, I think it is what it is. It's -- Costco's tried to do their part, but -- Cavener: Fair enough. I appreciate it.” Noise and other abatement restrictions for the Complex When the Complex was finally approved in October 2018, the Meridian City Council imposed a noise and lighting abatement program whereby Costco is required to limit certain hours of operation in an effort minimize noise in the residential neighborhood communities. I would 8 strongly encourage the City Council to continue to exercise similar restraints on all applicants that would otherwise disrupt the current balance of peaceful calmness in and around the area. I do not have the exact language, but I am sure the City Planning Department or P&Z can provide the appropriate language. I am however more familiar with the limitation on noise abatement which is between the hours of 11 PM and 5 AM. Costco, a few years ago applied for a reconsideration to reduce the noise abatement limitations to the Meridian City Council and their request was denied. Please note there may be others, but I am sure the City Planning Department will have a list of other requirements should they exist. My Recent early evening visit to the current Costco area to get a first-hand experience as to the transition from a busy business workday environment into an early evening family orientated adjacent neighborhood community environment After completing my review of the initial evaluation one evening, I went over to the Complex to see first-hand if there was a transition and if so, what does an evening transition look and feel like. There was a definite sense of change taking place as things were slowing down and that the Complex was experiencing a transition from a busy workday environment to employees gathering in shopping carts and basically cleaning up things for the night. Across the street in a local neighborhood, it was not significantly different but for children and families returning to their homes and bicycles and toys were being gathered up for the night. Back over at the Complex I could see the few remaining cars heading for the exits as business lights turning dark. I would invite everyone, City Council Members, applicants and interested parties alike to experience this transition and then ask yourself as I did, isn’t this just like at home. Oh yes, the two immediate restaurants in the area were open and quietly serving customers. Why the In-N-Out applicant representative indicated during an initial public access overview forum in July 2024, that the Ten Mile and Lost Rapids Drive proposed site was the only site they considered in the northern part of City of Meridian As mentioned previously when In-N-Out made their initial introductory disclosure to local and effected communities in July 2024, announcing their impending interest to establish a site at Ten Mile and Lost Rapids, I had the privilege to represent over 50 community resident members from the approximate 100 occupied homes at the time with only two days advanced notice. I did have an opportunity to ask him several questions including how many other sites locations, in Meridian, had he considered, and he indicated that there was only one, (Ten Mile and Lost Rapids). I will admit that I was more than a little surprised by his answer, but I had no reason to question the validity of his response since this was our inaugural meeting and if and when the project were to advance and come before a more the City Council, I would seek further clarification. The time has come. 9 In anticipation that the project was moving forward I went to the project site and read a sign on the lot that indicated that the owner of the site lot or their representative was from Utah. Nothing wrong with living in Utah but then remembered that Mr. Scott had introduced himself as living in Utah during the July video meeting. I thought of it as a coincidence as I struggled with Mr. Scott’s indication, they only looked at one site in Meridian. The thought of a professional and sophisticated organization like In-N-Out only looking at only one site location in a robust market like Meridian is mind puzzling and requires additional explanation. I am not implying that there is anything illegal or improper with their site selection and expectations, but I think it at least deserves additional consideration. However, together with Mr. Scott’s “only one site evaluation” strategy, their extended hours of customer services requirements and the prevailing noise restrictions for the Complex together make approval of this applicants request increasingly challenging. It even makes me wonder if this applicant actually did their homework prior to submitting their application. My description and existing current traffic experiences that I and other area residents have experienced in and around the proposed project site as well as traffic congestion once entering the Complex area Allow me to provide you with several actual experiences that I and other residents in the area routinely encountered in and around the immediate Complex area that apparently traditional traffic studies must either treat as normal or just as acceptable traffic patterns. Additionally, noticeably absent from the applicant is a description of how traffic flows now and later inside the Complex as well. Although what I am about to describe below are current experiences they can be confusing to a casual reader, so is the actual traffic. You may have to read and reread the following a few times to get a clear picture of current traffic reality. Finally, please note that although these experiences do not attempt to forecast what additional traffic demands like an In-N-Out type client would contribute to or exacerbate traffic; or what Costco did when doing their due diligence years ago and forecasted additional residential growth development when they selected their current Costco site location. Some of those sites both in Meridian and west of Meridian we are now beginning to come online. Traffic heading west on Chinden, State Highway 20 / 26 Traffic heading west on Chinden Boulevard, State Highway 20 / 26, approaching the Ten Mile intersection, which in addition to its two continuing west headed lanes, has two additional left turn lanes that allow vehicles to turn left and head south on Ten Mile when the traffic signals permit. Vehicles using the right-side of the two turn lanes is generally much longer, and they may have to wait more than one traffic signal before making their turn on to Ten Mile. This right lane traffic backs up as once on Ten Mile as this traffic can either use a short right turn lane to enter the Complex via the Ten Mile ingress/egress location or continue heading south on Ten Mile. The congestion that I mentioned occurs with the traffic once 10 they enter the complex entrance which is described later. This right lane traffic that continued heading south after a short distance will have an opportunity to turn right on Lost Rapids and enter the Complex by using the Lost Rapid ingress/egress location into the Complex or continue going further south on Ten Mile. West heading traffic on Lost Rapids can also continue to enter the Olivia 109 multi residential apartment homes or continue to over 750 single family homes both north and south of Lost Rapid / Tree Farms. Eventually Tree Farms, which is a continuation of Lost Rapid will intersect with Chinden Boulevard and/or continue north at this point to residential homes on the north side Chinden or turn east or west on Chinden. For those west headed Chinden traffic who elect to use the left turn lane on to Ten Mile going south, they can normally complete their left turn by waiting for just one traffic signal, but they cannot normally access the Ten Mile ingress/egress location to the Complex because of the traffic in the right lane that had used the right-side turn lane off of Chinden and are either using that location or continuing heading south on Ten Mile. However, please note that sometimes this Lost Rapids heading west at this point can be backed up due to traffic entering and exiting the Complex. For those left lane who desire to enter one of the Complex’s ingress/egress locations they can continue south on Ten Mile and if traffic in the right lane allows them to cross over to the right lane, they can and use the Lost Rapids Drive ingress/egress location into the Complex or continue heading south on Ten Mile (see above). There is a third option for the west headed left lane Chinden users to access the Lost Rapids Drive ingress/egress location once on Ten Mile and just beyond Lost Rapids Drive, but although temping, it would be illegal and trespassing on church property. Traffic heading North on Ten Mile. When the Ten Mile north headed traffic wants to go to the Complex, they have basically two options and one alternative option. The first and most popular option entrance when heading north on Ten Mile to the Complex would be the Lost Rapid ingress/egress location. Those wishing to use the Lost Rapids location to enter the Complex, must enter a short-left turn-lane area off the left Ten Mile north Lane just prior to Lost Rapids. When south headed Ten Mile traffic permits and/or when the traffic signal permits you can enter Lost Rapids heading west and access the Lost Rapids Complex location. However, please note that sometimes this Lost Rapids heading west at this point can be backed up due to traffic entering and exiting the Complex. A second option would be to continue a little further north on Ten Mile and attempt to make a left turn across two lanes of south headed Ten Mile traffic and enter the Ten Mile Complex access location. 11 If the above was not possible please see the Additional Chinden ingress/egress location, immediately below. Additional Chinden Boulevard entrance for ingress/egress heading west and the initial entrance for those traveling east on Chinden onto the Complex. There is one last additional opportunity for west headed Chinden Boulevard traffic heading west beyond Ten Mile and the first opportunity for east headed Chinden Boulevard traffic to enter directly into the Complex area. This applies to those who were already heading west on Chinden who just decided not to use the Ten Mile ingress/egress location and continue west on Chinden or those who were heading north on Ten Mile and opted to use or were limited in their option are now using the Chinden ingress/egress location. Just continue north and make a left turn on Chinden and follow the directions below. For those on Chinden heading west or those just entering Chinden stay in the left Chinden lane and enter a single left turn lane that eventually crosses over the two-east heading lanes of Chinden, that has the right of way and is traveling at least about 50 + miles an hour at the cross over point, or to enter the Chinden ingress/egress location so this may not for the faint of heart. For traffic traveling east headed on Chinden you may either make a right turn at this entrance, without engaging any cross traffic to enter the Complex or continue to Ten Mile and make a right turn to continue west. Regardless of which direction traffic enters this entrance, please be aware that this is also the primary freight traffic entrance for the east and west headed freight vehicles. Freight vehicles, depending on the time of day, whether or not Costco is permitted to allow for off-loading of freight and/or dock availability is accessible, may create some congestion as the ingress/egress area may be being used as a holding area by pulling over to the right side upon entrance of the left side when conducting final vehicle safety checks before reentering our area highway system. Caution should be exercises by traffic using this ingress/egress location. Entering any of the three primary ingress/egress locations in the Complex If you thought traffic in and around the Complex was confusing, once inside the Complex, things can get a lot crazier. There are a few stop signs and no street sign but for the most part drivers honor and respect other traffic which decreases the problem. The Ten Mile ingress/egress location is probably the most popular for traffic that was heading west on Chinden that had turned left on the Ten Mile and then right into the Ten Mile Complex entrance. 12 After using the entrance, drivers must either turn right or left after a short distance. If a driver has turned right, the driver can either opt to turn right again and access a Savings & Loan company or Burger King or continue heading north until a Stop Sign; turn right to the Costco Gas Station or left to other businesses on the right or a little later left onto more parking areas. Had the driver turned left after once entering the Ten Mile ingress/egress location the driver could then either make a right turn onto some Costco parking area or left, across incoming traffic that is heading north from the Lost Rapids ingress/egress location into a Mexican Restaurant, a Battery Store, Chiropractor, Confectionary store or Facial and Spa Message Center or continuing south an left on the left to the applicants proposed site location, which is just north of Lost Rapids ingress/egress location. This north / south traffic gets traffic from both direct at the Ten Mile ingress/egress location and the Lost Rapids ingress/egress location gets frequently very congested. Lost Rapids is a collector street, one lane east and west and currently receives traffic from both directions in addition to the Ten Mile north and south traffic. Heading west on Lost Rapids traffic was previously addressed. Traffic entering the Complex from the Lost Rapids ingress/egress location heading north eventually encounters the traffic that has entered from the Ten Mile ingress/egress location at a stop sign. However, prior to the stop sign drivers may turn left, with south traffic concurrence and enter a Costco parking area, or right into a Mexican Restaurant, a Battery Store, Chiropractor, Confectionary store or Facial and Spa Message Center. The most direct access to the In-N-Out location would have been immediately after entering the Lost Rapids ingress/egress location which should be a flashing red light to Traffic Engineering Specialists, if the even looking at traffic once it is no longer using ACHD or DI streets. The Chinden traffic ingress/egress location area could be the least affected entrance area of all three directions, east, or east and then south on Ten Mile or, east and then a U-Turn at the Ten Mile intersection with a Traffic Signal south on Ten Mile. My High-Level Summary, Conclusion and Recommendations As previously mentioned, I began getting engaged in the initial In-N-Outback proposal during applicant’s initial process back in October 2024. Many of those attending the meeting with me were familiar with In-N-Out and believed that they provide a good product, fast service and they are very popular in other parts of our country. But the idea of replicating those experiences in an 13 already congested area with residential community neighborhoods was simply incomprehensible. As time passed, we watched the challenges that were taking place in Twin Falls and although it was a far different situation from our community and neighborhoods, we expected In-N-Out to be very aggressive and persistent if they eventually reactivated their interest in our community. As for the Ten Mile and Lost Rapid location nothing much happened until March 12, 2025, and the applicant filed a series of documents, including a December traffic study suggesting that the site was very appropriate for In-N-Out for their purposes. If it were not for the work efforts and foundation of your colleagues on the City Council in 2018 and those of the existing neighborhood communities who actively participated in a collaborative process maybe In-N-Out would be correct in their assumptions, but not ours. As you look back at the minutes of your City Council colleagues in 2018, it was a time that represented a very forward-thinking approach to both respecting existing community neighborhoods, and an applicant’s desire to bring a respected commercial enterprise to the area. Anchored by the City Council’s efforts and commitment to look for creative solutions to bring parties together was both ground-breaking and innovative. It did not just happen; it also did not happen by encouraging all participants to abandon their core values and principles to make something happen. It came about by encouraging the parties to look beyond stereotype objections to solving a problem and focus on positive advantages and solutions for all parties. Costco clearly wanted a Meridian based location and the neighborhood citizens wanted something that would not being determinantal to their residential neighborhood communities. Today we all reap the product of that collective effort. As I understand the current intendent project site, within the Complex, it has already been approved as a restaurant site location, and possibly others, in addition to the two others that are along the Ten Mile corridor. The two existing restaurants have been operating for years without any noticeable issues. Additionally, there is another restaurant along the Chinden corridor that also has been operating for less time but also without any noticeable issues. I am less concerned about the idea of another restaurant per se other than an applicant’s business model that relies on a much heavier amount of late-night customer activity being an infringement on our local residential neighborhood community protocols which had previously been agreed to by the participating parties and of course by the Meridian City Council of 2018. As I have indicated several times in my letter above there is an obvious balance of interests and expectations that became evident through the initial Costco project discussions that has evolved between all relevant parties and remains and apparent to all interested parties today. Aside from above, traffic appears to be a significant issue in and around the Complex and I would personally expect the Lost Rapids Drive, a connector street, ingress/egress location site, in addition to others, to be a point of frustration, delays and incidents and I have not seen any verifiable traffic analysis, or mediation procedures to address issues once they are identified, to lead me to believe differently. Additionally, my concern is also if this project is approved, traffic 14 will obviously increase by both this project itself and by the anticipated residential surrounding growth areas to our west and north that were anticipated when Costco initially selected its current site that are currently being brought online and many others to follow. Together with noise, hours of operations, lighting along with many other issues especially the 2018 existing agreements with residential neighborhood communities participating this is not a good fit. Additionally, the In-N-Out applicant themselves with their single site selection approach and their required business model to make a location financially successful are counter intuitive to making this site not a good fit. In closing, I hope my efforts are helpful to the City Council and all interested parties as I am sure there will be a lot of dialogue regarding the applicant’s presentation, goals and expectations as there will be questions from our many surrounding residential neighborhood communities. I have listed a few high level issues that I hope are included in the process: number of employees, shift changes, parking for employees, lighting, noise in many forms, vehicle emissions, use of speaker systems to customer purchasing, outdoor eating, required methodology for mediating traffic congestions both external and internal to the Complex as well as a possible increase in crime by inviting patrons from a far range who would not otherwise be in or around our safe neighborhoods during late hours of operation and beyond, customer staging vehicular during peak periods that is popular at other applicant’s locations as well as congestion control during hours of operation, who is the responsible party to initiate relief procedures and options and how when and how is congestion considered to be a problem; who within the Complex itself is the legally responsible party to address remedies and issues caused by another tenant that can bring about change or be the designated party or parties in legal proceedings. Respectfully Submitted, Elwood I. Kleaver, Jr. Elwood I Kleaver, Jr Attachment 1: Summary of the City of Meridian Annual Reports and Strategies Including the Mayor’s Personal Address to Meridian Constituents 2018 - 2024 Attachment 2: Minutes of City Council Meetings April 4, 2018 Attachment 3: Minutes of City Council Meetings July 24, 2018 Attachment 4: Minutes of City Council Meetings October 6, 2018 15 Attachment 1 Summary of the City of Meridian Annual Reports and Strategies Including the Mayor’s Personal Address to Meridian Constituents 2018 - 2024 2018  # Do the Right – A Movement of Compassion – Gratitude  The Greatest Home  Progress at Ten Mile Crossing  Strategic Growth  Good growth fuels a city. Meridian will promote growth that enhances the vision for the city, is family focused, properly planned, financially viable and diverse.  Meridian Leadership in 2018 Tammy De Weerd – Mayor Joe Borton Anne Little Roberts Genesis Milan Keith Bird Luke Cavener Ty Palmer 2019  Strategic Growth  Good growth fuels a city. Meridian will promote growth that enhances the vision for the city, is family focused, properly planned, financially viable and diverse. If this sounds familiar, it should.  Comprehensive Plan Update  Wastewater Resource Recovery Facility  Wells, Treatment Facilities and other additions  Lighting up Meridian  A new environmental programs plan  Economic Vibrancy  Meridian will recruit family-wase jobs and promote the growth of existing organization. Jobs make a city vibrant, and Meridian will continue to be a destination for businesses and a place residents can live, work and raise a family 1  Responsive Government  Successful government ins service driven, approachable and responsive. Meridian embody these qualities by improving efficiency, enhancing transparency, utilizing technology and investing in our employees.  Safe, Healthy, Secure  For a community to prosper, it must be safe, healthy and secure. Meridian will continue to invest in activities and services that support the City's top rankings in public safety and community health. The City is focused on building a strong community and promoting he quality of life that its citizens and employees expect.  Arts, Culture Recreation  A premiere community embraces the diversity of its citizens and promotes a variety of arts, entertainment and recreational opportunities. Meridian will invest in services, facilities, programs and partnerships to establish itself as an active and vibrant community that fulfills the diverse cultural and recreational needs of its people.  Meridian Leadership in 2019 Robert Simison – Newly Elected Mayor Joe Borton Luke Cavener Genesis Milan Anne Little Roberts Treg Bernt Ty Palmer 2020  Strategic Growth  Transportation & Education  Wastewater Resource and Recovery Facility Expansion, Upgrade and Environmental Excellence  Economic Vibrancy  Business Residents and Industrial Development  Destination Downtown  Arts, Culture & Recreation  Recreation Reprieve  Meridian Homecourt Upgrades  Public Art  Reimagining Traditions  Wrapping Meridian with Artwork 2  Pathway Progress  Lakeview Golf Course  Safe, Healthy & Secure  Expanding Crime Prevention  Purple Vehicle Joins Fleet  Welcoming New Kg Partners  New Services to South Meridian  Breaking Ground on a Scenario Training Center  Prevention is Key  Alarms Save Lives  Responsive Government  City Services Go Virtual  Participatory Budging  Streetlight Upgrades  Covid-19 Communications  Water Treatment  City Budget  A Responsible Balanced Budget  A Transparent & Open Government  Meridian Leadership in 2020 Robert Simison – Mayor Liz Strader Tret Bernt Joe Borton Jessica Perreault Brad Hoaglun Luke Cavener 2021  Responsible Growth  Utilizing Growth Tools  Improve Open Spaces  Fields Sub-Area Plan  Transportation and Infrastructure  Water Recovery and Recovery facility  Transportation and Infrastructure 3  Streetlight  Water Treatment  Transportation Successes Linder Road Overpass  Lake Hazel Road and Discovery Park Access  Chinden Boulevard / Highway 20 / 26  ACHD Projects  Public Transportation  Partners in Education  Meridian Library District  Pathway Progress  The Ten Mile Trail hub  Fairview Avenue Connection  Pathway Infill Projects  Five Mile on the Five Mile Pathway – Yellow Center Strip  Destination Downtown  Community Funded Projects  Business Opportunities (No mention of In-N-Out coming to town)  Vibrant & Sustainable Community  AARP Network of Age-Friendly States and Communities  Wrapping Meridian with Artwork  New Art Mural  Lakeview Golf Course  Public Health & Safety  Community Risk Assessment  Fars Replace the Bottle Brigade in New Meridian High-Rise Buildings  Meridian Fire Department Completes Three Year Strategic Plan  Prevention is Key  Alarms Save Lives  Meridian Anti-Drug Coalition  Police Youth Safety Academy  Public Safety Expansion  Government Excellence  Transparent & Open Government  Government Excellence  A Responsible Balance budget  Online Resource  Improving Processes  New Application Process 4  Meridian Leadership in 2021 Robert Simison – Mayor Liz Strader Tret Bernt Joe Borton Jessica Perreault Brad Hoaglun Luke Cavener 2022  Strategic Focus Area One  Responsible Growth  Existing Conditions Report  Prioritizing Investment or City Infrastructure  New Permit and Entitlement Summary  Parks and Recreation Master Plan  Strategic Focus Area Two  Transportation & Infrastructure  Linder Road Overpass  Widening Major Roadways  Public Transportation  Streetlights  Strategic Focus Area Three  Business Economic Vitality  Commercial and Industrial Projects  Destination Downtown  Enhancing Livability of our Community  Strategic Focus Area Four  Public Health & Safety  Meridian Invests in Public Safety Infrastructure  New Ladder Truck in Service  New Training for Fire Fighters  Public Health & Safety  School Resource Officers in Meridian Elementary Schools  Prevention is Key  Opioid Settlement Funding Helps MADC Focus on Opioid Impact  Police Precinct Groundbreaking 5  A Year of design  Strategic Focus Area Five  Vibrant & Sustainable Community  Lakeview Golf Club Improvements  Energy Efficiency Successes  Discovery Park Phase II  Splashing into Pool Management  New Cornhole Courts at Settlers Park  Partnership Bring Pickleball Courts to Kleiner Park  Meridia’s New Mural Series  Wrapping Meridian with Artwork  New Playground Installed Chateau Park  Strategic Focus Area Six  Government Excellence  Meridian Redistricting  2022 City Survey Results  Respondents Agree That Meridian is a Good or Excellent Place to Live and Raise a Family  My Meridian Podcast  Meridian’s New Website  Government Excellence  A Responsible Balance budget  Meridian Leadership in 2022 Robert Simison – Mayor Liz Strader - Seat 2 Tret Bernt – Seat 4 Joe Borton – Seat 1 Jessica Perreault – Seat 5 Brad Hoaglun – Seat 3 Luke Cavener – Seat 6 2023  Strategic Focus Area One  Responsible Growth  Unified Development Code  Streetlight Master Plan 6  Sewer and Water Extensions and Replacements  Strategic Focus Area Two  Transportation & Infrastructure  Linder road Overpass  Widening Major Roadways  Meridian Intersections & Pedestrian Task Force (MIPS)  Wastewater Treatment Projects  Streetlights  Strategic Focus Area Three  Business Economic Vitality  Business and Job Expansion  Commercial, Healthcare, retail and Industrial Growth  Activating Downtown  Strategic Focus Area Four  Public Health & Safety  Water Quality Projects  New Ladder Truck in Service  Fire Community Risk Assessment  Stations 7 & 8 and NW Station  Frug Prevention  Traffic Cameras  SRO Program Updates  Strategic Focus Area Five  Vibrant & Sustainable Community  Solid Waste Master Plan  Discovery Park Phase Two  Lakeview Gold Course Improvements  Arts, Culture, and History  New Pathway Connections Improve Connectivity  Bear Creek Improvements  Strategic Focus Area Six  Government Excellence  Neighborhood Grant Funding  Meridian Innovation and Change Academy  A Responsible Balance budget  Meridian Leadership in 2023 7 Robert Simison – Mayor Liz Strader - Seat 2 John Overton – Seat 4 Joe Borton – Seat 1 Jessica Perreault – Seat 5 Brad Hoaglun – Seat 3 Luke Cavener – Seat 6 2024  Strategic Focus Area One  Responsible Growth  Improve Staff Reports Strengthen Data Sharing and Transparency  Prioritizing Responsible Growth in Housing  Strategic Focus Area Two  Transportation & Infrastructure  Streetlights  Water System Improvements  Significant Wastewater Treatment Project Milestone Completed  Sewer and water Extensions and Replacement  Solid Waste Improvements  WI-FI at Settlers Park  Linder Road Overpass  Widening Major Roadways  GIS Maps and Data  Strategic Focus Area Three  Business Economic Vitality  Business and Job Expansion  Residential and Commercial Development  Strategic Focus Area Four  Public Health & Safety  Brya Fire Station Alerting  Accreditation  Four Fighters Per Fire Engine  Student Standout Program  Meridian Upgrades Opticom System  Strategic Focus Area Five  Vibrant & Sustainable Community  Meridian Completes First Trail Hub  “Golden Spike” Pathway Connection 8  Lakeview Clubhouse Re-opening  Meridian Speedway Now Recognizes as an Historic Site  New Pathway creates walkability where It’s Needed Most  New Tully Park Playground Features Meridian’s First Communication Board  Refurbished Space at Meridian Homecourt Activated for Classes and Special Uses  Planning for Meridian’s Future Community Center  New Public Art Installations  Discovery Park Community Garden  Strategic Focus Area Six  Government Excellence  Fiscal Responsibility  General Fund Capital Budget  General Fund Personnel & Operating Budget  Enterprise Fund  Meridian Leadership in 2024 Robert Simison – Mayor Liz Strader - Seat 2 John Overton – Seat 4 Brian Whitlock – Seat 1 Anne Little Roberts – Seat 5 Doug Taylor – Seat 3 Luke Cavener – Seat 6 Mayor Review 2018 - By Mayor Tammy De Weerd This year will be my 16th year as Mayor of Meridian, and I am honored to serve this community the “Greatest Home”, not just for residents, but for businesses as well. We have a new online annual report at meridiancity.org/2018 that provides the opportunity to highlight even more significant events of the past year, and you can easily view it on your desktop or mobile device. As we reflect on 2018, there is much to celebrate. Some top events include the opening of The Hill, the progress at Ten Mile Crossing, the process of updating our Comprehensive Plan, the welcoming of the Idaho College of Osteopathic Medicine – Idaho’s first medical school, as well as other projects that have continued to make our community an even greater place to call home. As we look ahead to 2019, we will see some big changes in our downtown with the development of old city hall. There are several other projects on the horizon such as the opening of the first phase of our third regional park – Discovery Park, the expansion work at our Wastewater Resource Recovery Facility (the City’s treatment plant), the groundbreaking of the future Fire Station No. 6 in South Meridian off Overland Road and more. Meridian remains one of the safest 9 cities in Idaho and we really are the “Greatest Home”. Our community leaders have been working hard at this for several generations. We owe much to their vision and now we have the responsibility to continue to move Meridian forward. Thank you for allowing me to serve you! 2019 By Mayor Simson I am honored to present our 2019 Annual Report. I take great pride in the accomplishments you will see within this report, not only as your new Mayor, but as a long-time member of the City Senior Leadership Team. We saw exciting changes in our community in 2019. From downtown to Ten Mile, and Overland to Chinden we have seen the addition of several thriving companies who added more family-wage jobs, and major strides in transportation and public safety. Our City staff and departments have been focusing on innovating our processes for better customer service, creating award winning tools and facilities, and showing up to work each day with our CARE values in mind, ready to serve you. These accomplishments are a reflection of the pride we take in our great city, and our commitment to keep Meridian the best place to live, work, and raise a family. Our dedicated team members are proud of the accomplishments contained in the 2019 Annual Report. That said, we can’t do it alone. A successful city requires input and support from the community. I invite you to join us in our efforts to maintain our premier, safe, and family friendly community by getting involved. We hold events throughout the year and seek your feedback. We offer many opportunities to get involved and volunteer, whether on committees, commissions or in other program areas. Be sure to subscribe to our bi-weekly newsletter for more information and opportunities. Thank you for allowing me the opportunity to serve as your Mayor. I look forward to discovering what we can accomplish together and the milestones ahead. I am confident we will exceed our expectations. 2020 By Mayor Simson The year of 2020 will go down in history and I hope beyond the masks and sanitizer, we remember the challenges we faced and the important lessons we learned last year. The biggest was that it takes everyone in the community working together for us to be successful. The responsibility to keep our kids learning, family, friends, and neighbors safe and healthy, and our economy thriving fell on each of us. It was a responsibility none of us could bear alone and required us to work together, adapt, and find new and creative ways of doing things. We took this to heart here at the city and made a number of adjustments to our daily operations in order to keep our employees and customers safe while allowing City business to move forward. Over the past year, City staff innovated, pivoted, reimagined and changed the way we do business. Whether at home or behind a mask and plexiglass, our team worked to ensure our premier customer standards never wavered. In the midst of the hardest year we’ve experienced as a community, we continued to press forward to achieve some great accomplishments. When 10 customers couldn’t come to us, we tapped into new technology that allowed us to take City business to the homes and offices of customers. We came to learn the new way of doing business increased transparency, provided more opportunities for customer participation and increased efficiency. The year shined a bright light on our employees as they proved their dedication to serving Meridian. In this report, you’ll see that we made huge strides in public safety, became a more responsive government, and continued to focus our efforts on becoming the West’s premier city in which to live, work, and raise a family. But don’t take my word for it, look at 2020 in a different light and let’s build on our successes in the coming year! 2021 By Mayor Simson In 2021, the City of Meridian continued to navigate the extraordinary circumstances cities across America have faced, added to by the growth we experienced in Meridian and in Idaho. Nevertheless, our course was unchanged. As an organization, our priority was to keep the community moving forward, so we all could operate and conduct business. We are very proud of the way the Meridian family came together in this period. It has been a difficult and uncertain time for so many, but throughout our organization, we saw the ability to remain calm and focused, to work extremely hard, and to find innovative solutions where possible. I continue to be grateful for employees who put the community first and for our residents, businesses, and organizations who engage with the city to help shape the direction we are going. With our new strategic plan in place, our direction is set to advance initiatives that are important to the community as we forge ahead. We continue to deliver superior service through our committed, equipped employees, who are dedicated to the stewardship of the public’s resources. During 2021 we made several advances, whether increasing our public noticing of development applications, limiting the ability to amend our comprehensive plan, or working with our partners to advance road improvement projects. Our goals include improving transportation for our citizens and increasing access to and transparency in services, and we have made great strides in them. Reflecting on our many accomplishments in 2021, I can’t help but appreciate the impressive achievements outlined in this report. We worked very hard to deliver city services in a way our residents had never seen: providing more opportunities for residents to engage in City business virtually, ensuring transparent government with access to our budget book and community development planning, and providing new online portals for residents to access information such as online payment and utility billing services and so much more. As your Mayor, I am committed to addressing the challenges we face and to keeping Meridian’s service premier and ever improving. We will continue to be innovative in the work we do and will stay focused on the fundamentals as public servants; we are here for our residents and business owners. Looking to the future, we are focused on ensuring we achieve our vision to be the West’s premier community in which to live, work, and raise a family. This annual report outlines how we are doing just that as our journey continues. 11 2022 By Mayor Simson It is my pleasure to present the 2022 Annual Report. Meridian is a thriving community. This past year, we have seen infrastructure development, economic vibrancy and great strides in transportation initiatives. We continued to make open spaces and recreation a priority through new pathways and additional amenities. Services were enhanced through the expansion of public safety. We engaged with key stakeholders looking for partnership solutions and built off the momentum of collaboration. And, according to our residents, we continued to provide the level of customer service our citizens have come to expect. I take pride in the accomplishments of your Meridian team that you will see throughout this report. As you read through, know that your public servants are guided by the Meridian Way, providing CARE (Customer Service, Accountability, Respect, and Excellence) to our community in a timely, friendly, professional, and solution-oriented manner. City employees are also guided by six key areas of our Strategic Plan as we plan for the future: Responsible Growth; Transportation & Infrastructure; Business & Economic Vitality; Public Health & Safety; Vibrant & Sustainable Community; and Government Excellence. By committing to our values and focus areas, we are able to meet our mission which is to deliver superior service through committed, equipped employees dedicated to the stewardship of the public’s resources while being a vibrant, livable, and connected community. Meridian is Built for Business and Designed for Living, and as your Mayor, I am committed to addressing the challenges our residents and business owners face. As your city, we will innovate the work we do and the services we deliver. We will continue to build off the successes of 2022, as there is more work to be done. I look forward to discovering what we can accomplish together and the great milestones ahead. I am confident that we will exceed your expectations as we build upon our vision to be the West’s premier community in which to live, work and raise a family. 2023 By Mayor Simson I'm honored to present the 2023 City of Meridian Annual Report. The past year has been marked by strong progress in key focus areas of Responsible Growth; Transportation & Infrastructure; Business & Economic Vitality; Public Health & Safety; Vibrant & Sustainable Community; and Government Excellence. One of the cornerstones of our success has been our collaborative approach. We engaged with key stakeholders, seeking partnership solutions that amplify our collective impact. This spirit of collaboration enabled us to build upon our momentum and achieve our goals together. Throughout the year, we experienced advancements in infrastructure, supporting our city's foundation. Economic vitality continued to thrive, with various initiatives ensuring that Meridian remains a hub for business and innovation. Our transportation initiatives saw great strides, making commuting easier and more efficient for our residents. We remained dedicated to enhancing the quality of life in Meridian, prioritizing open spaces and recreation. New pathways, public art, and additional park amenities were introduced to provide more opportunities for outdoor activities and leisure. Public safety services were expanded with large investments, ensuring the safety and well-being of our community members and first responders. 12 We celebrated new businesses, large and small, come to Meridian to further employment opportunities. We've maintained the high standard of customer service that our citizens have come to expect. As you peruse this report, you'll read about a lot of the accomplishments lead by the dedicated Meridian team, whose commitment to the Meridian Way – characterized by CARE (Customer Service, Accountability, Respect, and Excellence) – is evident in all our interactions with the community. As we continue to plan for the future of Meridian, our focus areas support our mission, which is to deliver superior service through our committed and well-equipped employees, who are dedicated to the stewardship of the public's resources and the realization of our vision as a vibrant, livable, and connected community. While we celebrate the successes of 2023, we acknowledge that there is more work to do. I eagerly anticipate the journey ahead, and am honored to lead the City of Meridian as we discover what we can achieve together and the significant milestones that await us. With your support and collaboration, I am confident that we will not only meet but exceed your expectations. Together, we will continue to build upon our vision of Meridian as the West's premier community in which to live, work, and raise a family. 2024 By Mayor Simson As Mayor of Meridian, I am proud to present the 2024 Annual Report, a reflection of our city's achievements, growth, and progress over the past year. This report illustrates the dedication, collaboration, and innovative spirit that define Meridian as one of the most vibrant and livable communities in the West. In 2024, we continued to make strides across our six key focus areas. These pillars guide our efforts to ensure Meridian remains a thriving hub for families, businesses, and visitors alike. And according to our Community Satisfaction Survey, 88% of residents believe Meridian is a good or excellent place to live and raise a family. While I am proud of our successes, I also recognize the importance of addressing areas that residents identified as top priorities to work on. Specifically, roads/transportation, education, and growth. As part of our efforts, in 2024 we advanced key infrastructure projects to meet the needs of our evolving city. This included regulatory upgrades to our Wastewater Resource Recovery Facility and the final design. Working with our transportation and community partners, the final design of the Linder Road Overpass project was completed, and several road improvements were completed. We also celebrated the completion of pathways providing new opportunities for school connectivity and outdoor recreation. Meaningful steps were taken to strengthen our quality of life. We made investments in our community spaces such as Lakeview Golf Course as well as Tully and Discovery Parks, in order to maintain spaces that bring us together. Safety remains at the core of our values. This year, we enhanced public safety resources focused on helping to reduce emergency response times and expanded community-focused programs. We also celebrated the 20th anniversary of the Meridian Anti-Drug Coalition, a group that is performing vital work in prevention and education, a testament to the power of partnership in keeping our city safe and healthy. Together, these accomplishments reflect the shared vision and tireless efforts of our City team and the people who call Meridian home. Thank you for being part of Meridian’s journey and for your continued trust. Let’s build on this momentum to ensure that Meridian remains the West’s premier community to live, work, and raise a family 13 Attachment 2 Minutes of City Council Meetings April 4, 2018 Meridian City Council April 3, 2018 Page 26 of 128 G. Public Hearing for Lost Rapids (H-2018-0004) By GFI-Meridian Investments II, LLC and Brighton Investments Located at the Southwest Corner of State Highway 20-26 (Chinden Blvd.) and North Ten Mile Road 1. Request: Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on 32.83 acres of land from the Medium Density Residential (16.33 acres) and the Mixed-Use Community (16.50 acres) to Commercial; 2. Request: Annexation & zoning of 78.33 acres of land with R- 15 (39.01 acres), R-40 (6.50 acres), and C-G (32.83 acres) zoning districts; 3. Request: Preliminary Plat consisting of 1 residential building lot, 13 commercial building lots and 1 other lot for dedication of right-of-way on 36.2 acres of land in the proposed R-40 and C-G zoning districts; and 4. Request: Variance to UDC 11-3H-4B which prohibits new approaches directly accessing a state highway to allow two (2) accesses via State Highway 20-26 De Weerd: Okay. Item 8-G is a public hearing for H-2018-0004. I will, as we open this public hearing, state that there has been a large amount of testimony received in writing. I know that Council has had an opportunity to read the record and has also received a number of different inquiries via social media, in a grocery store -- we are not allowed to make comment to the applicant or to our citizens when we have an application in front of us. But all public testimony up to this point has had an opportunity to be reviewed by Council. Is there any additional information sources that maybe I 1 haven't noted that anyone would like to acknowledge for the record? Okay. Okay. With that said, we will have staff give an overview of the application that is reviewed by Meridian City Council Meeting Agenda April 17, 2018 – Page 31 of 491 Meridian City Council April 3, 2018 Page 27 of 128 Staff. We will have the applicant have a 15 minute presentation. Council, the applicant has requested to show a five minute video, if that would be okay with Council. Any objection? Cavener: Madam Mayor, just a question or clarification. Is it a 15 minute presentation, plus a five minute video? Madam Mayor? De Weerd: Mr. Cavener. Cavener: How long do we typically give applicants? De Weerd: We give ten to 15 minutes, depending on the size of the application. Cavener: Thank you. De Weerd: So, any opposition to the five minute video? Okay. And after the applicant has had that opportunity, I know there are -- I assume there are spokespersons for Bainbridge Subdivision and Spurwing. Is that correct? Is -- is there an official spokesperson for those two? They would get ten minutes to present if that is the case. No? Okay. Yes, there is. Okay. So, there is a spokesperson for -- are you with Spurwing or Bainbridge? Okay. We will -- we will ask you at that time. Maybe we can -- you guys can all assign your official spokesperson. So, I will go ahead and open this public hearing and we will start with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The applications before you tonight are a request for an amendment to the Comprehensive Plan future land use map, annexation and zoning, preliminary plat, and a variance. This site is consists of approximately 69 acres of land, zoned RUT in Ada county, located at the southwest corner of State Highway 20-26, West Chinden Boulevard and North Ten Mile Road. A little history on this site. Back in 2008 an amendment to the Comprehensive Plan future land use map was approved to change the future land use designation on the 14.57 2 G. Public Hearing for Lost Rapids (H-2018-0004) By GFI-Meridian investments II, LLC and Brighton Investments Located at the Southwest Corner of State Highway 20-26 (Chinden Blvd.) and North Ten Mile Road 1. Request: Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on 32.83 acres of land from the Medium Density Residential (16.33 acres) and the Mixed-Use Community (16.50 acres) to Commercial; 2. Request: Annexation & zoning of 78.33 acres of land with R-15 (39.01 acres), R-40 (6.50 acres), and C-G (32.83 acres) zoning districts; 3. Request: Preliminary Plat consisting of 1 residential building lot, 13 commercial building lots and 1 other lot for dedication of right-of-way on 36.2 acres of land in the proposed R-40 and C- G zoning districts; and 4. Request: Variance to UDC 11-3H-4B which prohibits new approaches directly accessing a state highway to allow two (2) accesses via State Highway 20-26 De Weerd: Okay. Item 8-G is a public hearing for H-2018-0004. I will, as we open this public hearing, state that there has been a large amount of testimony received in writing. I know that Council has had an opportunity to read the record and has also received a number of different inquiries via social media, in a grocery store -- we are not allowed to make comment to the applicant or to our citizens when we have an application in front of us. But all public testimony up to this point has had an opportunity to be reviewed by Council. Is there any additional information sources that maybe I haven't noted that anyone would like to acknowledge for the record? Okay. Okay. With that said, we will have staff give an overview of the application that is reviewed by Meridian City Council Meeting Agenda April 17, 2018 – Page 31 of 491 Meridian City Council April 3, 2018 Page 27 of 128 Staff. We will have the applicant have a 15 minute presentation. Council, the applicant has requested to show a five minute video, if that would be okay with Council. Any objection? Cavener: Madam Mayor, just a question or clarification. Is it a 15 minute presentation, plus a five minute video? Madam Mayor? De Weerd: Mr. Cavener. Cavener: How long do we typically give applicants? De Weerd: We give ten to 15 minutes, depending on the size of the application. Cavener: Thank you. 3 De Weerd: So, any opposition to the five minute video? Okay. And after the applicant has had that opportunity, I know there are -- I assume there are spokespersons for Bainbridge Subdivision and Spurwing. Is that correct? Is -- is there an official spokesperson for those two? They would get ten minutes to present if that is the case. No? Okay. Yes, there is. Okay. So, there is a spokesperson for -- are you with Spurwing or Bainbridge? Okay. We will -- we will ask you at that time. Maybe we can -- you guys can all assign your official spokesperson. So, I will go ahead and open this public hearing and we will start with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The applications before you tonight are a request for an amendment to the Comprehensive Plan future land use map, annexation and zoning, preliminary plat, and a variance. This site is consists of approximately 69 acres of land, zoned RUT in Ada county, located at the southwest corner of State Highway 20-26, West Chinden Boulevard and North Ten Mile Road. A little history on this site. Back in 2008 an amendment to the Comprehensive Plan future land use map was approved to change the future land use designation on the 14.57 acre piece right at the corner from medium density residential to mixed use community and that is where you see right here. The Comprehensive Plan future land use map designation is medium density residential, which consists of 52 acres of land, and mixed use community, which is 14.57 acres of land that is shown here in the top map on the left. The applicant submitted a request for an amendment to the future land use map to change the land use designation on a combined 78.33 acres of land from medium density residential, which was 61.83 acres, and the mixed use community, which is 16.5 acres, to mixed use regional. The staff report includes analysis and conditions of approval based on that request. The original request. Since the staff report was issued staff met with the applicants to discuss the recommended changes to the concept plan, which were fairly substantial in order to be consistent with the provisions contained in the Comprehensive Plan for the requested mixed use regional designation. Without these changes the proposed development plan is more consistent with the commercial designation. The applicant communicated to staff that they would prefer to develop the site consistent with the proposed concept plan without significant changes. Therefore, Meridian City Council Meeting Agenda April 17, 2018 – Page 32 of 491 Meridian City Council April 3, 2018 Page 28 of 128 Both staff and the applicants agreed a commercial designation is more appropriate for the eastern portion of this site where the commercial and multi-family residential uses are proposed, which is the preliminary plat area. The remainder of the site would remain under the current medium density residential designation. The applicant submitted a letter to the city requesting this change. Staff submitted a memo to the clerk and the Commission, included in the public record containing revised conditions of approval based on their proposed change. No changes were proposed to the 4 requested zoning or the development plan. The applicant's request for annexation and zoning of 78.33 acres of land with R-15, which is 39.01 acres; R-40, which is six and a half acres, and C-G, which is 32.83 acres zoning district is requested consistent with the existing medium density residential and proposed commercial future land use map designations. A conceptual development plan was submitted as shown that demonstrates how the property is proposed to develop with a mix of single family residential detached and attached age-qualified units on the western portion of the site at a gross density of five to eight units per acre, a very large 168,652 square foot big box retail store for Costco internal to the development. A fuel sales facility for Costco at the northeast corner of the site. Ten commercial retail office pad sites adjacent to the state highway and Ten Mile Road and a multi-family residential development consisting of 109 townhome and garden style units in nine structures at a gross density of 18 to 24 units per acre south of the Costco site adjacent to Lost Rapids Drive. It will contain a clubhouse and swimming pool. That is a colored version of that plan. Conceptual building elevations, photos and renderings, were submitted that demonstrate the general style of development proposed for this site. These are the multi-family and the townhome style units and these are the -- the single family attached and detached at the left-hand corner there are proposed on the western portion of the site and the other ones are commercial pad site elevations and the Costco. So, all structures on the site, except for the single family residential detached, are required to comply with the design standards in architectural standards manual. A preliminary plat is proposed consisting of one residential building lot, 13 commercial building lots, and one other lot for dedication of right of way on 36.2 acres of land in the proposed R-40 and C-G zoning districts. The applicant requests that they be allowed two building permits for the construction of the Costco store and fuel sales facility prior to recordation of the subdivision plat. The Commission recommended approval of this request since they do have two legal buildable parcels. Access is proposed via one access from North Ten Mile Road, an arterial street, between Lost Rapids and Chinden Boulevard. Two accesses via US 20-26, Chinden Boulevard, a state highway, and two accesses via Lost Rapids Drive, a collector street. New approaches directly accessing a state highway are prohibited. The applicant is requesting a variance to this standard. Idaho Transportation Department sent a letter to the city stating that they will approve the proposed accesses via the state highway with the improvements in spacing outlined in the letter. The applicant's narrative states that primary service access for Costco delivery trucks and other local vendors will be from the driveway access via Ten Mile Road. A driveway via Lost Rapids Drive is also available when accessed via the traffic signal at Ten Mile and Lost Rapids is needed. A self-imposed restriction is proposed by the applicant for a no through truck traffic sign to be installed between the Tree Farm Way intersection and the Lost Rapids Drive service driveway access. Improvements to Meridian City Council Meeting Agenda April 17, 2018 – Page 33 of 491 Meridian City Council April 3, 2018 Page 29 of 128 5 State Highway 20-26, Chinden Boulevard, and Ten Mile Road, are planned as follows -- and those are kind of shown here on a little diagram. Phase one, Chinden, is to be widened to four lanes with signal intersection upgrades from Tree Farm to Linder. That's one and a half miles. Ten Mile widened to four lanes from Chinden to Walmart, .8 of a mile, and signals at Black Cat Road and Lost Rapids Drive prior to Costco opening. Phase two improvements are proposed to consist of Chinden widened to four lanes from Tree Farm to State Highway 16, 1.44 miles within two years of Costco opening. In addition, Costco and the other commercial uses and residential units will pay impact fees in excess of two million dollars to ACHD for local street improvements. The ACHD commission requested that council require Chinden to be widened to four lanes from Tree Farm to State Highway 16 at the same time as the improvements proposed with phase one. If Council approves this request by ACHD this would require modification to development agreement provision number 1.1.B.16. The street section shown on the plat depicts Chinden widen to four travel lanes, with two turn lanes within 140 feet of right of way and North Ten Mile Road widened to five lanes. ITD's letter states at the western most access via US 20-26, which is 1,160 feet west of the Chinden-Ten Mile intersection, will be allowed as a temporary right-in, right-out, left-in, until such time as the highway is widened to three lanes in the eastbound direction and if not before it will be limited to right-in, right-out. A 550 foot long decel lane will be required. The driveway nearest the intersection, which is 545 feet east of the previous access and 615 feet west of the intersection will be allowed as a right-in, right-out. A 550 foot long decel lane, including taper, is required. However, due to the distance restriction between accesses ITD may allow for a ten percent decrease of the standard requirement. The multi-family residential development will require approval of a conditional use permit in the R-40 zoning district. The Commission did recommend approval of this application at their hearing on March 1st. There were several people that testified in favor and in opposition. They are all listed in your Commission recommendation to City Council report. And I will go ahead and go through the key issues of the public testimony just real quick. The first item was -- in favor of the Costco in this location, an opinion that they are a good neighbor and will provide great economic opportunities for the city and good paying jobs for area residents. Negative impact of Costco on quality of life, for instance, noise created from delivery trucks, idling of engines at the fuel facility, hours of operation, increased density and intensity of land use for area residents. Concern related to traffic impacts from the proposed development and access restrictions from the state highway and already heavy traffic on the State Highway 20-26. Access constrained location with inadequate ingress- egress access points, unsafe pedestrian connections within the proposed development, and lack of safe access for the Keith Bird Legacy Park. Increased noise. Rooftop ventilation systems. Power equipment used to maintain the property. Mechanical equipment. Loading and unloading delivery trucks. Backup beepers. Generators and refrigeration equipment and air pollution from the site. Excessive lighting generated from the site resulting in increased night sky light pollution. Generation of hazardous materials, such as petroleum and contaminants from brake and tire wear, which leads to runoff into groundwater. Large impermeable surfaces of the parking lots. Incompatible architecture of the industrial sized building and adjacent strip malls to the existing 6 neighborhoods. Against proposed changes to Comprehensive Plan future land use Meridian City Council Meeting Agenda April 17, 2018 – Page 34 of 491 Meridian City Council April 3, 2018 Page 30 of 128 map for medium density residential. Positive impact to the local economy from having Costco locate here will also generate businesses for other retailers, restaurants, services in the area and will contribute to the balance and what is available for shopping and employment in Meridian. Provision of much needed infrastructure in this area with the approval of this development without having to wait for funding of these improvements. Road widening intersection improvements, et cetera. An opinion that this site isn't a good fit for Costco. Preference for it to be located at the State Highway 16-Chinden intersection to the west instead of this property. Key issues of discussion by the Commission are as follows: The applicants request to change their request for an amendment to the future land use map from all mixed use regional to the eastern 32.83 acres of the site as commercial and the remaining area staying medium density residential as is currently. Traffic impact from the proposed development on adjacent streets and State Highway 20-26. Impact on quality of life for area residents. The location of the fuel facility and staff's recommendation for it to be shifted from the corner. Feeling that the size of buildings allowed in the current mixed use community designation, i.e., 30,000 square feet, is a big jump to the proposed commercial designation, which has no size restrictions, which will allow the proposed 168,652 square foot building. Made some changes to the staff recommendation. They approved staff's -- staff's recommended changes to the conditions of approval in Exhibit B as noted in the memo to Mayor and Council from staff dated March 1st, 2018, and they removed condition number 1-B, which required the fuel facility to be shifted off the corner to the south. Outstanding issues for Council. Staff requests provisions and associated exhibits are added to the development agreement that required development to comply with the Costco site lighting exhibit is included as an exhibit in the DA provision and modification to development agreement provision number 1.1B-16 to require the widening of State Highway 20-26 to four lanes from Tree Farm to State Highway 16 with the first phase of development, rather than the second phase if Council deems appropriate concurrent with ACHD's recommendation. There have been many letters of testimony for and against this project that have been received by the city since the Commission hearing and you can see the public record for a complete record of those. Staff will stand for any questions. De Weerd: Council, any questions for staff at this time? Okay. Is the applicant -- if you will, please, state your name and address for the record. Wardle: Yes. Madam Mayor, just before we go official, Jonathan is handing out a list of the applicant representatives that are here this evening to answer questions in due course and I just wanted to be certain that you received earlier the applicant's submittal 7 that includes some requested changes or modifications of the conditions of approval. I believe you have all of that information and with that, Madam Mayor, officially for the record Mike Wardle, 12601 West Explorer Drive in Boise and we will not take 20 minutes this evening. I want to commend Sonya. She's given our presentation quite thoroughly, but I just want to run through some of those items just to be certain that we are clear. Obviously, the site -- the plan, with 58 percent residential and 42 percent commercial. The Comprehensive Plan changes that Sonya has noted, instead of the complete modification of the entire site to mixed use regional, we did prior to the P&Z Meridian City Council Meeting Agenda April 17, 2018 – Page 35 of 491 Meridian City Council April 3, 2018 Page 31 of 128 Commission hearing modify that to maintain the medium density residential to the west, commercial to the east and the Planning and Zoning Commission considered that modification and recommended approval. Just a couple of comments about the future land use map. As adopted -- and the upper graphic shows the August 2002 plan that has literally a hundred acre bullseye on Bainbridge encompassing half of the site proposed in this application as mixed use regional in anticipation of major commercial and intense uses. There have been seven site specific map modifications since then on that -- in the north Meridian area, including mixed use commercial -- mixed use community designation to the 15 acres site Sonya noted within the proposed project area as approved by the Council in October 2008. Previous councils have modified the Comprehensive Plan map for the proposed project area on three prior occasions. As noted, the mixed use regional, one iteration with no mixed use designation and most recently with the mixed use community. In each and every case there were no site specific proposals to address. Now there is. And while this request represents a change, the Council has the opportunity to determine if the proposed project is appropriate at the intersection of a major state highway and a five lane arterial and, if so, to modify the plan as it has done on numerous occasions before. The second application before the Council this evening is the annexation and zoning and as noted the R-15, with a proposed range of density of five to eight units per acre. The R-40 with a maximum number of 24 units per acre by development agreement to that limit would be established and the remainder of the site being C-G commercial. Because of the diversity of the project we have proposed three separate development agreements. One for the Bainbridge North portion, one for the multi-family, a third for the commercial. The Planning and Zoning Commission reviewed and approved or made a recommendation for approval to the Council for annexation and zoning as proposed. The third application is the preliminary plat and as noted there is one multi-family parcel within that plat, three Costco parcels and ten future pad sites. The multi-family will require a conditional use permit in the future with neighborhood meetings and hearings. All commercial uses, including Costco, will go through the certificate of zoning compliance and design review process. The Planning and Zoning Commission recommended approval of the preliminary plat and the Ada County Highway District 8 commission approved the preliminary plat on February 28th. There is one clarification I would like to make to Sonya's staff report. The ACHD commission encouraged completion of the entire project within the initial construction to be coincident with the completion of Costco or the opening of Costco, but it was a suggestion of Commissioner Woods, it was not a part of their staff report, it was not a requirement, it was a suggestion. Obviously, that's the hope that can occur, much of which is subject to the Idaho Transportation Department's ability to secure the right of way for the area to the west. The final application is a Council consideration item only. The UDC allows the Council to modify access standards by variance based on ITD recommendations. ITD has approved the proposed 20-26 accesses as noted and they did so in October of last year. The City Council has exercised its discretion and approved similar requests on state highways within your jurisdiction numerous times before. Without those access points there would be a significant impact on Lost Rapids and that is a primary neighborhood concern. In the Council -- or Commission discussion they noted that staff had recommended that -- that we prioritize and encourage access from Ten Mile and Meridian City Council Meeting Agenda April 17, 2018 – Page 36 of 491 Meridian City Council April 3, 2018 Page 32 of 128 Lost Rapids, rather than the state facility. The Commission considered that recommendation, but did not agree. Buffering will address many of the immediate neighborhood concerns. The most significant buffer is the highway system. State Highway 20-26, now three lanes, will soon be five, ultimately seven. Ten Mile, a two lane roadway, will soon be five. Lost Rapids, a collector with two travel lanes and two bike lanes, was constructed by Brighton up front as a backage road in anticipation of the more intense uses to the north. None of these three roadways are local neighborhood streets. They function to carry traffic from, through, and beyond the neighborhoods. Landscape buffers will be significant, particularly heavy to the south and west of Costco between the uses and along the roadway system and, finally, perhaps most significant will be the buffers provided by the buildings surrounding the Costco itself. The residential to the west and to the south of Costco will provide the most immediate buffer and absorb much of the commercial impact for the adjacent neighborhoods. The inward facing commercial pads on Chinden and Ten Mile will also visually buffer the Costco site. The seven renderings that follow illustrate the views from the streets after the completion of multi-family and commercial phases of this project. The first northerly from just east of Keith Bird Park to the two story townhome style apartments north of Lost Rapids, through the gap to Costco in the background. The second is the Lost Rapids entrance to the multi-family project. Third is northerly at the commercial access from Lost Rapids between the multi-family to the left and the commercial pads, which are unseen to the right. From the intersection of Lost Rapids and Ten Mile. Westerly from Ten Mile just south of the fueling station and north of the commercial pads adjacent to Ten Mile Road. Southwesterly from the intersection of Chinden and Ten Mile with the fueling station in the foreground and, finally, looking southeast from the 9 west Chinden entrance, the commercial pads in the foreground and Costco in the distance. Perhaps the most often asked question in this process has been why here. Why not at Highway 16 or at I-84? The answers are spacing and service area with north-south freeway access. In addition, this particular site at the intersection of Ten Mile and Chinden disperses the traffic in a way that cannot be dispersed at Highway 16. There are three ways, west, east and south, with the traffic 40 percent of which would go eastbound, 40 percent south, 20 percent west. The highway situation at -- at Highway 16 is that there is no access to 16 itself, meaning that all traffic would go east- west from the site with the bulk of that traffic, 80 percent of it, headed to the east from that location. Staff had initially recommended that the fueling station be moved off the corner, but following discussion with the Planning and Zoning Commission and Costco representatives, who are here this evening and can elaborate further, the Commission concluded that it was best to leave the fueling station at the corner for site traffic flow and separation of the movements on site. The buildings, including Costco and all other commercial buildings, will be subject to design review in the future as they go in for building permit applications or prior to building permit applications. Costco has limited hours. It is not an all night operation. Even the lighting, which is designed to be contained on site, is reduced after closing. There are time and access restrictions on deliveries and there will be many good paying jobs provided to the community. Transportation phasing as noted by Sonya has been approved by the traffic impact study, reviewed and approved by both ITD and ACHD, including the widening, points of access, and the timing of those improvements. By the opening of Costco Chinden will Meridian City Council Meeting Agenda April 17, 2018 – Page 37 of 491 Meridian City Council April 3, 2018 Page 33 of 128 have two additional lanes between Tree Farm and Linder. The existing signals and intersections at Tree Farm, Ten Mile and Long Lake will be upgraded. There will be two new signals, one at Chinden and Black Cat, one at Ten Mile and Lost Rapids and Ten Mile will be widened to four lanes south to Walmart and within two years, then, the noted improvements with two additional lanes to State Highway 16. These improvements are noted graphically with the -- by opening within the black brackets, including the signal at Black Cat and within two years to Highway 16. Costco will up front 15 million dollars for these transportation improvements through a STAR agreement with ITD and ACHD. In addition, there will be significant ACHD impact fee contributions by all of the commercial and residential uses, in addition to the property tax generated -- property taxes generated for the community directly. The anticipated schedule is -- the agreements will be completed this year with design and right of way and construction to occur coincident with the opening of Costco in 2020. The STAR program, which you have seen information that suggests that this is really not a good reason to approve the project, but the STAR program is a tool to enable private sector funding to initiate and expedite needed, overdue and unfunded transportation improvements. The final graphic in my presentation addresses one concern that has 10 been expressed by the neighborhoods about how the traffic will move westbound and I would note that 20 percent of the traffic leaving the site would have a westbound direction. Obviously, there are five routes available, but I would note -- and these will be shown in the traffic simulation which will follow, that there is a right-out, U-turn movement that is protected on Chinden that enables traffic to move to the west without going to Lost Rapids. I'm going to turn the time now over to Andy Daleiden of Kittelson & Associates to show and narrate the traffic simulation and, then, I might have some concluding comments before we complete our presentation and stand for questions. De Weerd: Mr. Wardle, is this the five minute video that we were asked to do? Wardle: Yes, ma'am. De Weerd: So, you would have one minute to wrap up following that. Wardle: Thank you. Daleiden: Good evening, Madam Mayor and Members of the Council. My name is Andy Daleiden and I'm a principal engineer with Kittelson & Associates at 101 South Capital Boulevard, Suite 301, Boise, Idaho. 83702. De Weerd: Thank you. Daleiden: We prepared the transportation impact study for the proposed development that has been approved by Ada County Highway District and the Idaho Transportation Department, as well as a video for tonight's -- video simulation for tonight's hearing. The traffic volumes shown in the video represent the year 2024 full build out conditions of -- of the development during the weekday p.m. peak hour. So, this is the busiest time on the transportation system, you know, when you're looking at it and, then, it includes Meridian City Council Meeting Agenda April 17, 2018 – Page 38 of 491 Meridian City Council April 3, 2018 Page 36 of 128 out, which also has a temporary left-in component, is 1,160 feet from the intersection and there was reference in the staff report in ITD's materials that the distance between those two access points, which should be at a minimum of 550 feet, they are okay if it's reduced somewhat to 545 feet. Do I have that right so far? Okay. Daleiden: Generally, yes. Borton: Okay. Well, I'm -- I'm taking the numbers from the -- from the materials. Here is kind of what I'm getting at is some of the concern is there is a deceleration and stacking requirements and I went and looked at the exhibits from the ITD policy manual that's referenced in their letter and you have got -- hopefully this is a corridor, unlike Eagle Road, that is preserved to be 55 and it's truly a high speed expressway that -- 11 that these decelerations heading eastbound on Chinden, they are minimum or a little less than a minimum necessary, according to the manual, for a safe decel and turn in and as I looked through the application and those distances and I see on this exhibit a safety concern, which is where the question is, how does this properly address somebody, for example, in this easternmost right-in, right-out that's depicted here -- if you have someone exiting -- turning right onto Chinden trying to get into the lane of travel -- actually, it's more of an issue on the -- on the further west one, you have got someone turning right onto Chinden trying to get to the lane of travel and you have somebody coming eastbound on Chinden trying to duck into a somewhat truncated deceleration lane and there appears to be conflicts that might be kind of -- they are worse off because of the high speed of the corridor. So, I kind of wanted to get your sense from the -- the transportation planning perspective on how we shouldn't be more concerned that in light of the high speed of Chinden that deceleration lane could cause a safety concern and conflict with traffic. It's kind of a long question, but that's kind of why the math seemed to make sense as part of it to get some comfort on why those smaller distances still might be appropriate here. Daleiden: Madam Mayor, Members of the Council, the -- so, first maybe just on the access spacing and the comment raised associated from Idaho Transportation Department. So, one of the things is just the access location, that first right-in, right-out, that -- so, that would be the eastern access. The -- that distance in there, one of the questions with ITD that we were going through was is there adequate distance there to provide a deceleration lane and, then, the storage associated with the right turn at the signal and -- and from what we were looking at there is -- from a queuing standpoint and the operations, that there is -- there is adequate storage to be able to provide that and that it was critical -- one of the things was to be able to start the -- the taper from either that -- from that eastern most right-in, right-out past the intersection, so that you don't end up with a just full auxiliary lane in that area where folks would -- so, if I use the -- if you're able to see the cursor -- being able to start the taper past this intersection, so that we are not having, basically, a continuous right turn lane for folks to come in and out of that area. It was something that was -- that was discussed, but that can create just some additional friction in that area. So, what we were looking at is starting -- being able to start that taper at this point just past the intersection, being able to provide that and, then, the storage necessary for the right turn at the signal. Under that condition Meridian City Council Meeting Agenda April 17, 2018 – Page 41 of 491 Meridian City Council April 3, 2018 Page 37 of 128 the signal is really -- yeah, the vehicles are coming to -- can come to a stop depending on what the signal is doing, whether it's green or if it's red, and so we want to make sure that we are accommodating for adequate deceleration there and we were. So, once you got past to these locations, the right-in, right-out here and to your -- to your comment, we are looking at the same element of providing that -- that taper just passed 12 the right-in, right-outs. So, that conflict element that you're alluding to, the potential is the eastbound through vehicle that wants to turn right, they are going to be past the point of this access before they are actually moving over into the outside lane into that taper to be able to decel and come in. So, that's -- that is -- is the component with the design and, then, similar as we get to the -- the western most access, the right-in, right- out, left-in, we would be doing the same -- same component and that would have the taper and there isn't a driveway nearby where -- where you specifically maybe have that decision point that occurs. This is -- this is a very common kind of design when you're looking at right-in, right-outs and there would be more concern if we were talking about -- if someone was trying to turn left out of these and the potential conflicts. So, we reduced that by being able to provide the deceleration lane just past the -- the start of the deceleration lane just past the accesses for vehicles to be able to slow down and, then, make the maneuver either at the signal or same thing at -- at the right-in, right-out access. Borton: Madam Mayor. Just one follow up. And this is very helpful to understand. That safety concern is a big deal. When you look at those two accesses, the right-in, right-outs, according to the data that we have got, the distance between those two is 545 feet and you have got a decel of 370 feet and, then, you have got a taper, which, basically, takes the remainder of it and so it doesn't -- at least the math doesn't look quite like what it would look like here. The math gave me some concern that once you cross and pass that western most right-in, right-out, the taper begins within a matter of feet, turn -- you know, tapering right into that decel. It's -- they are just so close and if that's common, that's helpful to know, but it just seemed like it was so close that at that speed, as soon as someone leaves that right-in, right-out, you have got a taper where there might be conflicts. Daleiden: Madam Mayor, Members of the Council, so the conflict that you're talking about is a right turn vehicle coming out and a right turn coming in -- Borton: Yeah. Daleiden: -- the right turn, so that right turn vehicle coming out will be turning in -- we will be looking at the vehicle coming towards them. So, that's heading in -- that's heading eastbound in that through lane and so once it gets to this point that right turn vehicle -- the vehicle going through and turning into the taper, it will have already gone -- gone past. So, they really -- the conflict that they are looking at, they are judging a vehicle coming in that -- that outside through lane and seeing if there is a gap and if there is a gap, then, they will take that and be -- turn in front of that vehicle, but if there isn't -- if that vehicle is coming and there isn't a gap, they are just going to -- they are controlled, they are stopped, they are just waiting for that gap. So, the conflict that -- Meridian City Council Meeting Agenda April 17, 2018 – Page 42 of 491 Meridian City Council April 3, 2018 13 Page 38 of 128 that is -- that potential conflict is really more of an aspect between just a normal right turn vehicle and that vehicle trying to find a gap in the through traffic and it's -- that's the conflict because of the -- the lane is -- is occurring and that taper is occurring downstream. If -- if we had the outside lane and started it in advance and continued that as an auxiliary, then, that lane now becomes that outside lane -- the right turn -- that potential right turn vehicle could be coming and approaching that right-in, right-out and the right turn vehicle would have to determine are they turning right into that first driveway or are they continuing straight and that's the importance of providing that taper, you will pass the intersection, so you reduce that -- that potential conflict and there are locations in the Treasure Valley that have that kind of continuous auxiliary and that's something that, you know, we are -- our proposal does not include that continuous auxiliary lane. Borton: Okay. That's helpful. Thank you very much. De Weerd: Any further questions at this time? Okay. Thank you. This starts the public process. I had asked if there was a spokesperson. And, Mr. Rock, if I can ask you how many people you represent and if you would raise your hands. Rock: Madam Mayor, Council Members, I'm just here to kind of introduce how we are going to present tonight. There is going to be one spokesperson here that's representing eight or ten people and they will show their hands and I'm just going to kind of kick it off as the first presenter. Is that okay -- appropriate? De Weerd: As part of the ten minutes? And it's only eight or ten -- Rock: No. I'm only going to take a three minute presentation. There is one person that's here representing a group of people that will speak for ten minutes. I think most of the rest of us are going to be speaking for like three minutes. De Weerd: Okay. So -- Rock: As a point of clarification. De Weerd: So, the spokesperson is not speaking on behalf of the entire group? Rock: The spokesperson is not going to present -- is not going to be speaking on behalf of the homeowners of Bainbridge. They are going to be speaking on behalf of another organization. Does that make sense? De Weerd: No. I'm not tracking you. Okay. So, the spokesperson represents a group of -- of homeowners. Rock: There is a spokesperson here tonight that's going to speak for ten minutes on 14 behalf of -- could somebody tell me the name of it, because -- I think it's the North Meridian -- Meridian City Council Meeting Agenda April 17, 2018 – Page 43 of 491 Meridian City Council April 3, 2018 Page 39 of 128 De Weerd: North Meridian -- Rock: -- Water Quality Coalition. De Weerd: And -- Rock: The rest of us are going to be speaking individually. De Weerd: So, he's not speaking on behalf of a group, because the whole group is also going to take their three minutes? Rock: He's -- he's speaking on behalf of a group that I think is represented here. Correct? De Weerd: Is there -- so, what we wanted to do up front, because we do have a sign- up sheet, is to ask if there are -- if there is -- we have two subdivisions, Bainbridge and Spurwing Greens -- if there are spokespeople specifically speaking on behalf of the neighbors. Carroll: Madam Mayor, my name is Andrea Carroll. I'm one of the attorneys who will be speaking later on in the presentation. I think that the miscommunication or sort of issue is that there is actually a conflict of interest between the developer and one of the HOAs and in order to be able to streamline what you have agreed as a group, that there will be one ten minute speaker, that person has a group of people who are waiving their time, but they are not officially representing an HOA, in part because the developer, who is part of the application, has a conflict of interest with one of the HOAs at issue. So, I think if we just move along we are going to have a single three minute presentation, the second presenter will be speaking for ten minutes and everyone else will be speaking for three minutes period. De Weerd: So, the spokesperson is not taking other people's time then? Carroll: He is. He is. And the people who he is taking their time will raise their hand at the time that he's speaking. It's Bob Neufeld, who is the second speaker on the list. So, there is a waiver of time, but it's not on behalf of the homeowners association, because there is not -- there is not an ability in this case, because of the conflict, to have a homeowners association representing the coalition of individuals who are against this development. 15 De Weerd: Okay. But we really -- so, Mr. Neufeld can start -- we want to have the spokespeople to -- to kick it off, but Mr. Rock needs to kick it off with your three minutes and, then, Mr. Neufeld. Rock: Sure. If that will work for you. Meridian City Council Meeting Agenda April 17, 2018 – Page 44 of 491 Meridian City Council April 3, 2018 Page 43 of 128 Rock: It's not -- Cavener: What are those concerns and what would the -- what would the solutions that the neighborhood would present if given that option. Rock: I don't think she's here tonight, but one of the homeowners at the last Planning and Zoning meeting told a pretty good story about the fact that she has five kids that are able to ride their bicycles and run through the neighborhood and go where ever they want and as soon as this comes in and we have traffic through our neighborhood, she's not going to be able to allow that. Now, multiply that times 400 homes, there is a lot of kids in that neighborhood. There is no stop signs. There is no speed bumps. There is no gates. People are creatures of habit. If they start over the next two years while all the construction is going on taking shortcuts through our neighborhood, when the road gets widened they are not suddenly going to say, well, I'm going to go back to Chinden, they are going to go through the least path of -- path of least resistance. So, the safety concern is we live in a neighborhood, we want to be a neighborhood, we realize it's not going to be farms around us anymore, we realize that we are going to have retail outlets and that's going to be good for us, because we don't have to drive as far, but if we can't even get out of our own neighborhood to go to work anymore or if we can't let our kids ride their bikes to the park anymore, it's not a neighborhood anymore, it's a group of houses stuck in the middle of a retail complex. That's not what we decided when we moved there. Cavener: Madam Mayor. Sorry, but I -- I hate to belabor this, but what -- what are those things that -- I recognize that you don't have you feel a homeowner association that represents all of the residents, but poling your neighbors, what are those safety things? Is it speed bumps along a certain set of roads? Is it stop signs at certain intersections? Is it all of the above? That's -- that's ultimately what I'm trying to get to. Rock: Sure. Are you asking what -- so, if we -- if we already had the Costco there and the retail establishments there what could we do to increase the safety of the -- 16 Cavener: What would the safety -- that you wish the developer would have engaged you on? Rock: I wish the developer -- the developer first had come to us and even asked about what are our concerns regarding access, egress, ingress to our neighborhood. The statement that the Lost Rapids Road was never intended for access to our neighborhood just baffles me, because the biggest sign that says welcome to Bainbridge is at the beginning of that road. So, I don't understand why that wasn't considered to be the entrance to our neighborhood. It is the entrance to our neighborhood. It was never sold as anything different. I asked the question, I'm sure all these other homeowners did, when we moved in, hey, what's going to be built there. Well, it's just going to be a small grocery store, maybe, or a few small retail stores. Never was it advertised to be a Costco. When we asked the Costco representative if Meridian City Council Meeting Agenda April 17, 2018 – Page 48 of 491 Meridian City Council April 3, 2018 Page 45 of 128 ironic that when I conversed with city staff regarding what are the concerns of a city staff when they asked the questions of a developer regarding water quality or water quantity, the answer is, well, we typically only look at do we have enough water available to serve them and to meet the fire flow demands. Period. So, there is no real concern about what happens to the quality of the water. The biggest problem faced with water quality throughout the entire United States is how the water -- groundwater gets contaminated and by way of background in the state of Idaho over 95 percent of all water consumed in the state of Idaho is groundwater. In the City of Meridian it's one hundred percent. The issue that we face is very -- very small and let me just set this on the corner here. That's a coffee creamer. The contents are .375 ounces. As we look at this particular development one of the biggest concerns with groundwater pollution happens to come from gas stations and fueling stations that are operated throughout both the state and throughout the United States. The biggest concern in that is that those tanks have a tendency to leak and gasoline contains volatile organic compounds, which are known as a -- as a hazard listed on the United States EPA and that it is limited in the main component -- not the main component, but one of the components as Benzene and Benzene is limited by the EPA to no more than five parts per billion. Now, that seems like a very, very large number, but what happens when you get leaking gasoline storage tanks, you have a problem with -- let me get this to move to the next slide if I could, please. What do you do here? There we go. This is just a graphic that shows the number of groundwater wells that are located in the north Treasure Valley area and you can see by the congestion on there -- you can just barely -- in the kind of left center you can see Lake Lowell and over on the far right here -- see if I can get the -- the house to point to it here. You can see Lucky Peak Reservoir. The I-84 corridor and every one of these dots represents somebody's water supply, either for drinking water or for irrigation purposes, but when you look at the water supply for the City of Meridian it's all included 17 within this area here in north Ada county. The Idaho state law requires that when new construction is going to include a petroleum underground storage tank or piping connected to any such tank, that that tank must be constructed in a manner that will make sure that there is absolutely no spills or leaks that can go out of that facility. In reviewing the application from Costco I have seen absolutely nothing that indicates that they are prepared to construct that containment to make sure that we don't have contaminated water supply in the area. Another big issue. Water levels. If you look at the water levels in the surrounding area, the Kleinfelder report, which was part of the Costco application, indicates that groundwater in the area is about eight and a half to 16 feet below the surface of the ground. When you look at -- and I'm trying to find out here. Sonya, I'm sorry, how do I get to the slides to advance? We can go -- okay. Thanks. Okay. That's supposed to go to the right, but it's not. My point being is that when you look at this line -- you need to get to one of the graphics there. I think it's really important to understand that if you look at the Kleinfelder report it says very clearly in the report that the fuel facility will contain three 30,000 gallon underground storage tanks. They also say that additionally, based upon past experience, we estimate that underground storage tank installation for the fuel facility will require an excavation of about 18 feet below the existing ground surface level. If you have got groundwater in the area in the -- here we go. Right here. That is at eight and a half to 16 feet below the ground level and you put a water -- or a fuel storage tank at 18 feet below, that tank Meridian City Council Meeting Agenda April 17, 2018 – Page 50 of 491 Meridian City Council April 3, 2018 Page 46 of 128 is actually going to be in the local water supply. There is no containment proposed as we see it in this particular operation or application, excuse me, and we are really concerned about the process that goes with that in the application. This is the site map showing the wells -- the test wells that were drilled by the Kleinfelder's team for the drilling and indicates at the various levels here -- if you look at the location of flight FT-2, at that level there that's just to the immediate north of where the storage tanks would be and that groundwater level there is at 16 feet and FT-1 it was also at 16 feet. The problem that just -- that we are faced with here is that there has been no thought given to the water level and the water quality in the area and we believe very strongly that this application should be denied for that particular reason. Let me, as I conclude my comments tonight, I wanted to make sure that you were reminded of a project called Alto Via that's in the city of Boise and City Council would probably be aware of that, that the city council approved that particular project there based upon the recommendation of staff and as now they are facing major lawsuits over the landslides that occurred in that particular area. I would not like to see a flood -- and forgive the pun there -- but a flood of lawsuits filed against the City of Meridian because of a Costco fuel station here with a leak -- not that it would happen if, but when. They all leak. You look at the United States record, over half a million leaking storage -- underground storage tanks have happened in the United States in the past 20 years. In the City of Meridian right 18 now there is one remediation site at the corner of Main and Franklin. I believe it's on the northwest corner. That site has been under remediation for 28 years. So, that 28 years ago they had a fuel spill at that location and now it is still being remediated through a process of pumping the water out and treating it and, then, putting it back in the ground. With that said, I would ask the Council tonight to consider all these options, to look at something that probably nobody else in the valley is looking at, and that is what happens to our water quality, what happens to the future of this community when we have no water available. This little coffee container I set out right here, that amount of Benzene in the local water supply will contaminate 1.6 million gallons of water. That's not a very large amount to contaminate that to the point where you can no longer use that as part of your drinking water supply. Excuse me. So, once again, we ask the Council tonight to consider all these options and to vote no on all of the proposals that are before you. Thank you. I would be happy to answer any questions. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Mr. Neufeld, thanks for your -- this is definitely something that -- I don't know in my time here that someone has brought as a concern. Just a couple points and a question for you. Our drinking water comes from several hundred feet below ground. None of it is 11 to 18 feet below ground. As well as your concern about that, you know, detailed plans about mediation for leakage wasn't included, it's because at this early stage of an application it hasn't been designed yet. Those -- those plans are not included, because they are -- they don't exist yet. That's something that comes later down the road and I'm sure that Costco or any other fuel location would make sure that they adhere to plans as there is inspections or to law. So, with that being said, Meridian City Council Meeting Agenda April 17, 2018 – Page 51 of 491 Meridian City Council April 3, 2018 Page 47 of 128 though, is it your opinion that the city should never approve any future fuel sites in Meridian? Neufeld: No. I think that, you know, the progress that requires fueling stations requires a process that allows the city and the staff to be fully aware of what is going on and that there is a need for this. This needs to be in the approval process to make sure that there is containment facilities constructed and if you do not have this in the approval process you tell me at what point it will be when the developer is required to install these types of things. Second thing is -- is that you're right with the groundwater wells for the City of Meridian, but contamination in the groundwater aquifers does not just travel, you know -- or stay in one location. It moves. And even the wells at the depth that you have could be contaminated, but what is missing from this equation is that 19 there are a lot of local wells -- and I have counted at least five private wells within 1,000 yards of the proposed Costco that are private wells. The local residents that have been there for a long time, they are taking their groundwater out of the upper levels. They are not down there four or five hundred feet like the city is. They don't have the -- the ability to do that and they never have. So, as to the issue of should we stop the development? No, absolutely not, but we certainly need to make sure that we protect this precious resource that we have. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have a few questions also I think. Thank you. That was very interesting and I'm concerned about things like water quality, so I really appreciate that. I guess one question, since you are the expert on this -- this area, I would assume, especially if there have been so many oil leaks, that -- that there would be regulation to have some containment. It would be -- there is probably laws that require that. So, do you -- can you answer that for me? Neufeld: Yeah, I can. There is an Idaho state law -- and I don't -- let me check real quickly here and see. I -- I'm not sure if I have the exact provision in here, but there is an Idaho state law that requires the installation and same containment facilities around -- and I don't -- I don't see that I have the exact section block here to -- Idaho Code Section 67.6537(4) requires -- well, this is -- it has to do with the groundwater management plan, but there is a section of the Idaho Code that says if you are going to construct a facility within 1,000 yards of a known drinking water source, that you must provide containment for any underground storage tanks. Milam: Thank you. So, I'm assuming that the applicant will also address -- address the issue with that and maybe they will have an answer for you as far as the containment that they have planned. Neufeld: I would welcome one. Meridian City Council Meeting Agenda April 17, 2018 – Page 52 of 491 Meridian City Council April 3, 2018 Page 49 of 128 Costco or Fast Eddy's or whatever it is, that they must be required to build these containment facilities in order to help prevent this from happening. Now, that's not going to prevent all accidents from happening, because there is a lot of old underground storage tanks out there that don't meet the federal regulations and the state of Idaho regulations and those are the ones that are going to be causing the serious problem. 20 Yeah, you got deep water and you don't -- you get it at a very -- a good high quality water out of there, but when you get contamination that starts to move through the soils, it moves very slowly, but when it gets there it stays and when you have to remediate any kind of contamination of a groundwater, it's not only very, very costly, it also takes a tremendous amount of time to get that water supply system back into production. De Weerd: Well, rather than to go into how we construct our wells, I would invite you to sit down with our staff to find out -- we do take every precaution. Neufeld: And I welcome that opportunity. Thank you very much. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Neufeld, I appreciate your testimony. This is why I love public hearings. We often are presented with a perspective that we hadn't considered and I want to echo the Mayor's comments in that you seem to have a wealth of knowledge on this issue and I hope that you find ways to get involved as a citizen in our community to help better educate us on these issues. You talked a little bit, though, about these leaks that have occurred and I can recall a time when we only had two or three gas stations in Meridian and a quick Google search shows we have got 44 now. Neufeld: Right. Cavener: So, you mentioned that -- I think -- I can't remember how many of those leaks have occurred in Meridian. When was the last time one of these gas stations had -- had a leak? Neufeld: I'm not sure if it was in Meridian. Let me just give you -- to give you the perspective, though, about gasoline leaks. If you look at the Department of Environmental Quality, they are required to report all of the leaking underground storage tanks. They call it LUST. L-U-S-T. But that's a report that is available through the Department of Environmental Quality and if you look at all of those reports in there it lists them by city and by date and when it occurred and how long it has been until it was remediated or if it's still being worked on, similar to the one here. Of the -- the most recent one that I saw in this report was based upon September of 2016, so it's not that old, but the most recent report at that time was less than four months old in -- I want to say Twin Falls. I'm not sure. But the issue -- and I think I'm trying to answer your Meridian City Council Meeting Agenda April 17, 2018 – Page 54 of 491 Meridian City Council April 3, 2018 21 Page 51 of 128 incompatible land use development on adjacent parcels and, secondly, to minimize air and noise pollution on commercial developments adjacent to residential areas. I have here the criteria from the municipal code for an amendment to the future land use map and the Comprehensive Plan. On the left are the criteria. On the right are the ways in which this application -- this post-amendment violates those criteria. I will draw your attention to the areas in the dark boxes. Number one, this represents a large zoning change, which is incompatible with the Comprehensive Plan. Number two, it does not provide for public services. Instead it provides a spot zone for the benefit of the developer. Number four, the UDC prohibits direct access to state highways. Number five. Does not provide sufficient transition between medium and low density housing and, number seven, rather than provide sufficient area to mitigate any impact, it will exponentially exacerbate traffic impact. Prior actions on this very site. The Genisec 2008 properties where Commissioner Hood from the Meridian Planning and Zoning concluded: The UDC specifically prohibits access to State Highway 20-26, that is Chinden Boulevard. Access to the site should solely be provided from Ten Mile Road. ITD concluded the proposed access shown onto US 20-26 is inconsistent with the ongoing corridor study. Lastly, I want to leave you with a more personal note. In 2015 my family and I relocated from California to Idaho, seeking relief in the results of uncontrolled development. The Comprehensive Plan and future land use map were key elements in our decision to settle in Meridian in the Bainbridge Subdivision. The Lost Rapids application opens the door to uncontrolled development in north Meridian. Madam Mayor, Commissioners, City Council Members, I request that you deny the Lost Rapids application. Thank you. De Weerd: Thank you. Coles: Next Gail Bacon would like to testify against. De Weerd: Good evening. Bacon: My name is Gail Bacon. 6695 North Moon Drummer Way, Meridian. 83646. Madam Mayor and Council Members, my husband and I retired to Meridian in 2011. This was our tenth move, eight being corporate relocations. When we began looking at houses here our realtor strongly encouraged us to consider Eagle first, as he said Meridian had become, quote, unquote, urban sprawl. However, we found and liked Spurwing Greens and bought a Brighton home. We would never have purchased a home in that area had we known the Comprehensive Plan could be so drastically changed. To allow an industrial size warehouse with its 24 to 30 gas bays, parking lots, to be placed in a residential area across the road is inconceivable to us. The Comprehensive Plan needs to matter and shouldn't be disregarded so easily. The quality of life matters to the existing neighbors around this project and to me. I would ask the people behind me in the audience who live in the immediate area of this project, knowing what you know now about the possible change to the Comprehensive Plan, 22 how many of you would not have purchased your home? Please raise your hands. Thank you. And please deny this application. Meridian City Council Meeting Agenda April 17, 2018 – Page 56 of 491 Meridian City Council April 3, 2018 Page 52 of 128 Coles: Michael Battaglia would like to testify against. Battaglia: Okay. De Weerd: Good evening. If you will, please, state your name and address for the record. Battaglia: Michael Battaglia. I live at 4212 West Wolf Rapids Drive in Meridian in the Bainbridge Sub -- De Weerd: Thank you. Can you pull that up a little closer? Thank you. Battaglia: Michael Battaglia. I live at 4212 West Wolf Rapids Street in Meridian. De Weerd: Thank you. Battaglia: Okay. Madam Mayor and City Council Members, I'm talking tonight about the traffic concerns -- De Weerd: Can you pull that closer? Battaglia: Is that better? De Weerd: So, your neighbors can hear you. Battaglia: Is that better? De Weerd: Yes. Battaglia: Okay. Bernt: Hello. Hello. Real close. De Weerd: That's where they say eat the mike. Battaglia: Eat the mike. 23 De Weerd: Yes. Battaglia: Okay. In Bainbridge there are a total of 458 total residential lots in the subdivision itself. There is like 190 -- 190. One of them are occupied houses and there are remaining 268 lots that are either under construction or platted, but not construction started yet. The Bainbridge Subdivision at full build out will produce a total volume of 4,333 vehicles per day, with a peak -- I’m sorry. For the p.m. peak hour loading of 450 vehicles per hour. This came from a prior transportation study or investigation that was performed in concert with the original development of the Bainbridge Subdivision. Meridian City Council Meeting Agenda April 17, 2018 – Page 57 of 491 Meridian City Council April 3, 2018 Page 58 of 128 Park, potential exposure to hazardous chemicals, incompatible architecture of the industrial size building and adjacent strip malls to the existing neighborhoods, excessive lighting from the outdoor lighting in the parking lots and buildings that increase night sky light pollution, noise pollution and not just from increased traffic, but rooftop ventilation systems, power equipment to clean the parking areas and for commercial property maintenance, mechanical equipment, loading and unloading delivery vehicles, heavy truck noise, generators and refrigeration equipment. The large impermeable surfaces of the parking lots adjacent to the commercial buildings and the high density residential units creating additional runoff and water quality concerns, as well as in creating heat islands. The significant concern of the health dangers associated with high volume gas stations such as pollution from evaporation and emissions. There is also grave concern for the burden on our emergency services network and of decreased response times due to the intensity of the development. We have been told that Costco is a good neighbor, but in the last 15 years alone Costco U.S. operations violations amount to over 15 million dollars in the areas of workplace safety or health violations, wage and hour violations, employment discrimination, controlled substance act violations and environmental violations. We know you have heard from many throughout the Treasure Valley who support the project, mostly at the behest of Costco. It's clear that people want a Costco in Meridian, but that's what they want, a Costco in Meridian, not specifically in the proposed location. We do not believe those voices should outweigh those who will feel the direct impact of the project shoehorned into our residential neighborhood. In fact, a recent poll shows almost 90 percent of Spurwing residents are against the proposed development, an additional 425 people in adjacent neighborhoods signed a petition against the project. I call on the City Council to show less concern about attracting this growth and more concern about managing growth toward a positive and proactive vision as created in the Comprehensive Plan. An end state that preserves the enviable lifestyle we have come to expect in Meridian. Thank you. De Weerd: Thank you. 24 Coles: Megan Rock would like to testify against. M.Rock: My name is Megan Rock and I live at 4090 West Lost Rapids Drive in Meridian, Idaho, in Bainbridge Subdivision. I have many responsibilities, but first and foremost is to protect my child. When we chose our home in Bainbridge it was with the understanding that this would be a safe, quiet neighborhood for her to grow, live, and play in. There would be two parks and our pool within three blocks of our home. Our daughter could walk or bike to these areas once she was old enough. Instead our home bears witness the speeding vehicles that have total disregard for the safety of my child, my family, and our neighbors on a daily basis. Vehicles regularly blow stop signs. Nonresidential drivers habitually use Lost Rapids and Tree Farm to cut through from Chinden and Ten Mile. Just yesterday I saw a pickup truck cut across the empty field, over the grass, a sidewalk and a bike lane and onto Lost Rapids. Last week a car parked in the bike lane on Tree Farm in front of a no parking sign and a fire hydrant. The safety features of this neighborhood are already failing. From our home we can easily see a quarter mile stretch of Chinden between Black Cat and Ten Mile and I have Meridian City Council Meeting Agenda April 17, 2018 – Page 63 of 491 Meridian City Council April 3, 2018 Page 60 of 128 vacated for months and has been an eyesore. In addition, Costco was located on Franklin Road and it took three years and a state incentive program before Cabela's filled that location. It would be a shame to impact such a beautiful neighborhood by placing this huge warehouse that may be used as a distribution center, or worse yet, be impacted by online and the future closures, not to mention that all these big box stores are now going robotic. Amazon is going robotic. Walmart is using a janitorial service robotic. And how many of these jobs are not going to be here for the people in the area. And thank you. De Weerd: Thank you. Williams: Any questions? De Weerd: No. Thank you. Coles: Sandy Maple would like to testify against. Maple: Good evening. De Weerd: Good evening. Maple: Madam Mayor and Council Members. My name is Sandy Maple -- 25 De Weerd: If you will hold on just a minute we will get your -- your thumb drive loaded. Maple: Okay. I can begin. I have some things to say before I'm -- De Weerd: Okay. Very good. Maple: Okay. I live at 6802 North Pirate Avenue in Meridian. I am opposed to Brighton's current proposal for Costco and surrounding area. We are all in favor of progress, but not ruining the beauty of our area, lowering -- lowering our property values and hurting our quality of life. The conceptual plan has not been completed to include the apartments, ten proposed businesses, 55 and older community. Has any business agreed to join the project? Some concerns are the traffic egresses, added traffic congestion and apartments attracting transient people causing safety issues, draining police and other emergency services. When people experience the unbearable traffic and dangerous conditions they will begin looking for other outlets for shopping. We are looking forward to a mixed use development that we can enjoy as a nice gathering place for sharing time with our families and neighbors and enhance our neighborhood. I have a -- I have photos to help illustrate my concerns and why this proposal does not fit the comprehensive plans. Is it not opening? De Weerd: I'm -- I'm going to call a recess for five minutes while we figure out how to get your photos up. Okay. Meridian City Council April 3, 2018 Page 51 of 128 incompatible land use development on adjacent parcels and, secondly, to minimize air and noise pollution on commercial developments adjacent to residential areas. I have here the criteria from the municipal code for an amendment to the future land use map and the Comprehensive Plan. On the left are the criteria. On the right are the ways in which this application -- this post-amendment violates those criteria. I will draw your attention to the areas in the dark boxes. Number one, this represents a large zoning change, which is incompatible with the Comprehensive Plan. Number two, it does not provide for public services. Instead it provides a spot zone for the benefit of the developer. Number four, the UDC prohibits direct access to state highways. Number five. Does not provide sufficient transition between medium and low density housing and, number seven, rather than provide sufficient area to mitigate any impact, it will exponentially exacerbate traffic impact. Prior actions on this very site. The Genisec 2008 properties where Commissioner Hood from the Meridian Planning and Zoning concluded: The UDC specifically prohibits access to State Highway 20-26, that is Chinden Boulevard. Access to the site should solely be provided from Ten Mile Road. ITD concluded the proposed access shown onto US 20-26 is inconsistent with the ongoing corridor study. Lastly, I want to leave you with a more personal note. In 2015 my family and I relocated from California to Idaho, seeking relief in the results of 26 uncontrolled development. The Comprehensive Plan and future land use map were key elements in our decision to settle in Meridian in the Bainbridge Subdivision. The Lost Rapids application opens the door to uncontrolled development in north Meridian. Madam Mayor, Commissioners, City Council Members, I request that you deny the Lost Rapids application. Thank you. De Weerd: Thank you. Coles: Next Gail Bacon would like to testify against. De Weerd: Good evening. Bacon: My name is Gail Bacon. 6695 North Moon Drummer Way, Meridian. 83646. Madam Mayor and Council Members, my husband and I retired to Meridian in 2011. This was our tenth move, eight being corporate relocations. When we began looking at houses here our realtor strongly encouraged us to consider Eagle first, as he said Meridian had become, quote, unquote, urban sprawl. However, we found and liked Spurwing Greens and bought a Brighton home. We would never have purchased a home in that area had we known the Comprehensive Plan could be so drastically changed. To allow an industrial size warehouse with its 24 to 30 gas bays, parking lots, to be placed in a residential area across the road is inconceivable to us. The Comprehensive Plan needs to matter and shouldn't be disregarded so easily. The quality of life matters to the existing neighbors around this project and to me. I would ask the people behind me in the audience who live in the immediate area of this project, knowing what you know now about the possible change to the Comprehensive Plan, how many of you would not have purchased your home? Please raise your hands. Thank you. And please deny this application. Meridian City Council Meeting Agenda April 17, 2018 – Page 56 of 491 Meridian City Council April 3, 2018 Page 52 of 128 Coles: Michael Battaglia would like to testify against. Battaglia: Okay. De Weerd: Good evening. If you will, please, state your name and address for the record. Battaglia: Michael Battaglia. I live at 4212 West Wolf Rapids Drive in Meridian in the Bainbridge Sub -- De Weerd: Thank you. Can you pull that up a little closer? Thank you. 27 Battaglia: Michael Battaglia. I live at 4212 West Wolf Rapids Street in Meridian. De Weerd: Thank you. Battaglia: Okay. Madam Mayor and City Council Members, I'm talking tonight about the traffic concerns -- De Weerd: Can you pull that closer? Battaglia: Is that better? De Weerd: So, your neighbors can hear you. Battaglia: Is that better? De Weerd: Yes. Battaglia: Okay. Bernt: Hello. Hello. Real close. De Weerd: That's where they say eat the mike. Battaglia: Eat the mike. De Weerd: Yes. Battaglia: Okay. In Bainbridge there are a total of 458 total residential lots in the subdivision itself. There is like 190 -- 190. One of them are occupied houses and there are remaining 268 lots that are either under construction or platted, but not construction started yet. The Bainbridge Subdivision at full build out will produce a total volume of 4,333 vehicles per day, with a peak -- I’m sorry. For the p.m. peak hour loading of 450 vehicles per hour. This came from a prior transportation study or investigation that was performed in concert with the original development of the Bainbridge Subdivision. Meridian City Council Meeting Agenda April 17, 2018 – Page 57 of 491 Meridian City Council April 3, 2018 Page 58 of 128 Park, potential exposure to hazardous chemicals, incompatible architecture of the industrial size building and adjacent strip malls to the existing neighborhoods, excessive lighting from the outdoor lighting in the parking lots and buildings that increase night sky light pollution, noise pollution and not just from increased traffic, but rooftop ventilation systems, power equipment to clean the parking areas and for commercial property 28 maintenance, mechanical equipment, loading and unloading delivery vehicles, heavy truck noise, generators and refrigeration equipment. The large impermeable surfaces of the parking lots adjacent to the commercial buildings and the high density residential units creating additional runoff and water quality concerns, as well as in creating heat islands. The significant concern of the health dangers associated with high volume gas stations such as pollution from evaporation and emissions. There is also grave concern for the burden on our emergency services network and of decreased response times due to the intensity of the development. We have been told that Costco is a good neighbor, but in the last 15 years alone Costco U.S. operations violations amount to over 15 million dollars in the areas of workplace safety or health violations, wage and hour violations, employment discrimination, controlled substance act violations and environmental violations. We know you have heard from many throughout the Treasure Valley who support the project, mostly at the behest of Costco. It's clear that people want a Costco in Meridian, but that's what they want, a Costco in Meridian, not specifically in the proposed location. We do not believe those voices should outweigh those who will feel the direct impact of the project shoehorned into our residential neighborhood. In fact, a recent poll shows almost 90 percent of Spurwing residents are against the proposed development, an additional 425 people in adjacent neighborhoods signed a petition against the project. I call on the City Council to show less concern about attracting this growth and more concern about managing growth toward a positive and proactive vision as created in the Comprehensive Plan. An end state that preserves the enviable lifestyle we have come to expect in Meridian. Thank you. De Weerd: Thank you. Coles: Megan Rock would like to testify against. M.Rock: My name is Megan Rock and I live at 4090 West Lost Rapids Drive in Meridian, Idaho, in Bainbridge Subdivision. I have many responsibilities, but first and foremost is to protect my child. When we chose our home in Bainbridge it was with the understanding that this would be a safe, quiet neighborhood for her to grow, live, and play in. There would be two parks and our pool within three blocks of our home. Our daughter could walk or bike to these areas once she was old enough. Instead our home bears witness the speeding vehicles that have total disregard for the safety of my child, my family, and our neighbors on a daily basis. Vehicles regularly blow stop signs. Nonresidential drivers habitually use Lost Rapids and Tree Farm to cut through from Chinden and Ten Mile. Just yesterday I saw a pickup truck cut across the empty field, over the grass, a sidewalk and a bike lane and onto Lost Rapids. Last week a car parked in the bike lane on Tree Farm in front of a no parking sign and a fire hydrant. The safety features of this neighborhood are already failing. From our home we can easily see a quarter mile stretch of Chinden between Black Cat and Ten Mile and I have Meridian City Council Meeting Agenda April 17, 2018 – Page 63 of 491 Meridian City Council April 3, 2018 29 Page 60 of 128 vacated for months and has been an eyesore. In addition, Costco was located on Franklin Road and it took three years and a state incentive program before Cabela's filled that location. It would be a shame to impact such a beautiful neighborhood by placing this huge warehouse that may be used as a distribution center, or worse yet, be impacted by online and the future closures, not to mention that all these big box stores are now going robotic. Amazon is going robotic. W almart is using a janitorial service robotic. And how many of these jobs are not going to be here for the people in the area. And thank you. De Weerd: Thank you. Williams: Any questions? De Weerd: No. Thank you. Coles: Sandy Maple would like to testify against. Maple: Good evening. De Weerd: Good evening. Maple: Madam Mayor and Council Members. My name is Sandy Maple -- De Weerd: If you will hold on just a minute we will get your -- your thumb drive loaded. Maple: Okay. I can begin. I have some things to say before I'm -- De Weerd: Okay. Very good. Maple: Okay. I live at 6802 North Pirate Avenue in Meridian. I am opposed to Brighton's current proposal for Costco and surrounding area. We are all in favor of progress, but not ruining the beauty of our area, lowering -- lowering our property values and hurting our quality of life. The conceptual plan has not been completed to include the apartments, ten proposed businesses, 55 and older community. Has any business agreed to join the project? Some concerns are the traffic egresses, added traffic congestion and apartments attracting transient people causing safety issues, draining police and other emergency services. When people experience the unbearable traffic and dangerous conditions they will begin looking for other outlets for shopping. We are looking forward to a mixed use development that we can enjoy as a nice gathering place for sharing time with our families and neighbors and enhance our neighborhood. I have a -- I have photos to help illustrate my concerns and why this proposal does not fit the comprehensive plans. Is it not opening? 30 De Weerd: I'm -- I'm going to call a recess for five minutes while we figure out how to get your photos up. Okay. Meridian City Council Meeting Agenda April 17, 2018 – Page 65 of 491 Meridian City Council April 3, 2018 Page 60 of 128 vacated for months and has been an eyesore. In addition, Costco was located on Franklin Road and it took three years and a state incentive program before Cabela's filled that location. It would be a shame to impact such a beautiful neighborhood by placing this huge warehouse that may be used as a distribution center, or worse yet, be impacted by online and the future closures, not to mention that all these big box stores are now going robotic. Amazon is going robotic. W almart is using a janitorial service robotic. And how many of these jobs are not going to be here for the people in the area. And thank you. De Weerd: Thank you. Williams: Any questions? De Weerd: No. Thank you. Coles: Sandy Maple would like to testify against. Maple: Good evening. De Weerd: Good evening. Maple: Madam Mayor and Council Members. My name is Sandy Maple -- De Weerd: If you will hold on just a minute we will get your -- your thumb drive loaded. Maple: Okay. I can begin. I have some things to say before I'm -- De Weerd: Okay. Very good. Maple: Okay. I live at 6802 North Pirate Avenue in Meridian. I am opposed to Brighton's current proposal for Costco and surrounding area. We are all in favor of progress, but not ruining the beauty of our area, lowering -- lowering our property values and hurting our quality of life. The conceptual plan has not been completed to include the apartments, ten proposed businesses, 55 and older community. Has any business agreed to join the project? Some concerns are the traffic egresses, added traffic congestion and apartments attracting transient people causing safety issues, draining police and other emergency services. When people experience the unbearable traffic 31 and dangerous conditions they will begin looking for other outlets for shopping. We are looking forward to a mixed use development that we can enjoy as a nice gathering place for sharing time with our families and neighbors and enhance our neighborhood. I have a -- I have photos to help illustrate my concerns and why this proposal does not fit the comprehensive plans. Is it not opening? De Weerd: I'm -- I'm going to call a recess for five minutes while we figure out how to get your photos up. Okay. Meridian City Council Meeting Agenda April 17, 2018 – Page 65 of 491 Meridian City Council April 3, 2018 Page 61 of 128 (Recess: 8:58 p.m. to 9:05 p.m.) De Weerd: Okay. I'm going to go ahead and call this meeting back to order. Did we figure the photos out? Maple: Thank you very much. De Weerd: Very good. Maple: Thank you. De Weerd: Okay. Maple: Shall I start? De Weerd: Yes, please. Maple: I have photos to help illustrate my concerns and why this proposal does not fit the Comprehensive Plan. These pictures were taken at the Nampa Costco wholesale warehouse showing the outside area and how much space is needed for such a project. This is what we will be looking at every day. These are pictures of the surrounding area demonstrating open spaces, a hospital, and several shopping areas. No homes. This is the gas station and surrounding area and store entrance. Again demonstrating how much space is needed to accommodate such a project. How many parking spaces are planned for all of these businesses? The gas station will have 24 to 30 pumps and will occupy a very large corner of Chinden and Ten Mile. The station's hours normally began at 6:00 a.m. The proposed traffic flow and overflow traffic is not adequate for the projected business this will generate. It takes a large area and a lot of bays -- a lot of different parts of the store to keep it running. Next are photos of similar apartments now being built nearby and is what are being proposed to be constructed next to Costco and across from the park. Presently there is a vacancy rate of 4 point -- four to five percent for apartments and increasing. Single family homes currently have a 1.8 availability. 32 These are the pictures of proposed property and surrounding areas. De Weerd: Sandy, I'm sorry, you will need to summarize. Maple: Okay. Our community's future welfare and peaceful existence rest in your hands. Please consider your decision very carefully for all of our citizens. Thank you. De Weerd: Thank you. Coles: Sally Reynolds would like to testify against. Reynolds: Good evening, Madam Mayor -- De Weerd: Good evening. Meridian City Council Meeting Agenda April 17, 2018 – Page 66 of 491 Meridian City Council April 3, 2018 Page 62 of 128 Reynolds: -- Madam Mayor and Members of City Council. It's good to be with you here again tonight. De Weerd: If you will pull up your mic. Reynolds: Oh. Thank you. My name is Sally Reynolds. I reside at 1166 West Bacall Street in the Paramount Subdivision in Meridian. 83646. So, tonight I'm going to be addressing something a little bit different. Back in 2006 there was quite a bit of time and energy and money put into a North Meridian Plan of which Brighton was a key stakeholder in that plan and some major points that came out of that plan were to get away from project by project zoning by planning out mixed use areas that allow flexibilities for developers. Discourage big box single use locations by placing building sizes within mixed use designations. Restrict access to 20-26 and develop an auto circulation plan with intersections of new collector roads that shall be limited to one mile and located as close as a half mile in spacing and use a system of collector roads and backage roads. So, I'd like to go ahead and bring up this North Meridian auto circulation plan that was -- that was brought in conjunction with this North Meridian Plan and as you can see I was surprised, like the first gentleman who spoke, that -- that Lost Rapids was supposed to be a backage road, because very clearly here it is indicated as a collector road that is mainly for residents to get in and out of their neighborhood without having to pass by lots of homes. So, for that to all of a sudden become a major backage road behind an industrial warehouse is quite a shift in what was presented. So, one purpose of this plan was to ensure that 20-26 does not become as congested as Garden City and that includes limiting access. That seems counterintuitive, because, then, they would have to go through the neighborhood; right? So, it's a -- it's -- you 33 can't win. Well, the -- the obvious choice here is that this parcel is not the correct parcel to put an industrial size warehouse on. It is a regional draw and it will bring traffic as you have heard numerous times tonight. The Brighton Corporation has always touted their neighborhoods as family friendly and as you have heard tonight that will be threatened if this project does move forward. So, one of the things -- I actually read almost all of the letters that also came into City Council and there is a couple of things that I wanted to address, not necessarily for you, but also just to be on the record for the general public. First of all, I'd like to say that I looked at where all of the support is coming from and it is from -- I would say 90 percent is from the southeast portion of Meridian. Therefore, that's where most of the traffic is going to be coming from and not just this area, but we have to think of McMillan and Ustick and all of those other city roads that haven't quite been built out yet that these people are going to be coming -- multiple car trips a day on those roads as well making especially a problem there. Secondly, I kept hearing Costco is going to widen Chinden, Costco is going to widen Chinden. I know that you all know what a STARS agreement is, but I just wanted to go back and say that that will be repaid through the STARS agreement and that that is something that will come out of the state funds. So, to summarize -- and I didn't get to that -- that can be entered into the public record. The taxpayers will widen Chinden. To summarize I just wanted to show the aerial view of this -- this area and what you can't see is all of the area between U.S. 20-26 and McMillan is now almost completely homes Meridian City Council Meeting Agenda April 17, 2018 – Page 67 of 491 Meridian City Council April 3, 2018 Page 63 of 128 in that square mile. It is quite literally surrounded by residences on all four corners. Not just one, all four corners. We respectfully ask you to deny this application and keep Meridian the great place it was meant to be. Thank you. Coles: Kevin Denison would like to testify. Denison: Kevin Denison. 3244 West Salix Drive, Meridian. 83646. Mayor Tammy, City Council Members, I want to thank you folks for listening to our concerns tonight in regards to this Costco proposal. You have heard the issues from everybody and I want to compliment everybody that came before me on the way they expressed those concerns. I thought they did very professional and a good job in doing that and I hope that the City Council -- you folks will actually listen to what we have said. We get it. We all want a Costco. Costco is a great store. The city has the opportunity to put Costco on their advertising material. Move to Meridian. We have got everything and we have got Costco. I have been in business in this valley for 30 years. I have lived here for 30 years. I was part of the Roaring Springs development and as many of you people know, Tammy -- Mayor Tammy, a few of you know that I -- and I am pro business. I am for growth. When I first heard of this Costco development coming in I thought it would be a great thing, too. But as I researched it a little bit further and looked at the issues in 34 front of us, I quickly came to the decision that this is not good for this area. You take a look at Nampa. You take a look at Boise. You can go to Twin Falls. Recently I was in Las Vegas last week, went to three separate Costco sites. Not any of those Costco sites are surrounded on all four sides by residential. This is the only one. And I believe it was stated the P&Z meeting that this would be the second one in the entire nation that's surrounded on all four sides by residential. There were three polls taken in our area. Eighty percent of the Spurwing residents -- 80 to 90 percent opposed it. There were other polls that were taken and it was a 50-50 split, give or take. But I have talked to about 25 people in last two or three weeks that live in Banbury, Lochsa Falls, Wedgewood, Spyglass, Paramount and after I explain the traffic issues that were ahead of us, they were once for the project and now they are against it as well. If you go down Chinden at any time of the day it could take you up to 25 minutes to go from Linder to Eagle Road. The only thing that they -- that widening these roads is going to do it's going to push the bottleneck a block up the road. They say we will probably get an extension from Ustick and McMillan. We will probably get this. We will probably get that. Well, as you know, ACHD and ITD have a terrible track record as far as widening our roads. So, for that to happen -- who knows when it will happen. De Weerd: Mr. Denison -- Denison: I always told my kids -- De Weerd: Mr. Denison? Denison: Yes, ma'am. De Weerd: You need to summarize. Meridian City Council Meeting Agenda April 17, 2018 – Page 68 of 491 Meridian City Council April 3, 2018 Page 64 of 128 Denison: I'm going to summarize right now, Mayor. I have told my kids there are needs and wants. Do you need it or do you want it? If you need a computer for school you're going to get it. If you want the new -- whatever. Computer game. Maybe not. This is the same thing. Would we like to have Costco? Yes. Do we need it? No. And especially on this site. So, I would ask that you deny the application to Costco development in full on this particular site. Thank you. De Weerd: Thank you. Coles: Shane Speakman would like to testify. Speakman: Good evening. 35 De Weerd: Good evening. If you will, please, state your name and address for the record. Speakman: Thanks. My name is Shane Speakman. I live at 5952 Botticelli and these are my five children and my neighbor. Excuse me. I wrote down my thoughts so I could be concise with you all. Our family relocated from Utah into the Bainbridge Subdivision on March 15th, just three weeks ago. Our home is located on Botticelli Avenue just three doors down from Rapid -- Lost Rapids Road and our street backs up to the Keith Bird City Park. We purchased this home in part because of this park and my five children access that park by walking up Botticelli and walking down Lost Rapids. We have been excited to join your community. I work in L.A. and we chose Meridian out of literally any city in the country. We have been excited, because of the reputation that Meridian has built that extends outside the walls of even Idaho. On behalf of my family I'm pleading with this Council to deny this request for an amendment to the originally approved Comprehensive Plan. I'm concerned about the safety of our children and the potential negative impact of high density homes and the commercial development in our community. This includes the newly approved elementary and city park behind our house, but most importantly I'm, obviously, concerned about the safety of our children and the traffic that will undoubtedly increase through our subdivision just three doors down from us. As you can imagine, I'm really disappointed with Brighton in misrepresenting what was happening as it was only last week that we heard about this proposed amendment or Costco entering our neighborhood. It's our request, of course, that you deny this amendment and that you keep the originally proposed Comprehensive Plan. That's all I have got. We appreciate it. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda April 17, 2018 – Page 69 of 491 Meridian City Council April 3, 2018 Page 65 of 128 Cavener: Thanks for bringing your kids and, kids, you got a lot to be proud of with your parents to be brand new in a neighborhood and come and stand up for what you believe in. Appreciate you doing it and welcome to Meridian. Speakman: Thank you. We are marginal parents with great kids. De Weerd: Aren't we all. 36 Coles: Kathy Yulin signed up against, but not wishing to testify. Rebecca Martin signed up against not wishing to testify. Owen Barber signed up against not wishing to testify. Fred Martin signed up against not wishing to testify. At least I think that was an N. Alice Stantliff signed up in favor, not wishing to testify. Stan Stantliff signed up in favor not wishing to testify. Lynn Curvey signed up against not wishing to testify. Les Curvey signed up against not wishing to testify. Diana Stetzel signed up in favor indicating not sure whether or not she wished to testify. Rich Gardner signed up against not wishing to testify. Deborah Battaglia signed up against wanting to testify. De Weerd: Good evening. D.Battaglia: Good evening. Can you hear me? De Weerd: Yes. D.Battaglia: Good. I'm Debbie Battaglia. I live at 4212 West Wolf Rapid Street in Meridian. I'm one of those people at the corner of Assisi and West Wolf Rapids and people do regularly blow that stop sign. De Weerd: Can you speak up a little bit more. D.Battaglia: Okay. Is that better? De Weerd: That is awesome. D.Battaglia: Can you hear me now? Okay. I am one of the people that lives at Assisi and West Wolf Rapids and I do know that those stop signs are totally disregarded, as well as the speed limits and that's generally every day. We just watch it go through. Part of the problem is that that stop sign is not visible until you are right on top of it. Anyway, what I did was get onto the Costco site, pull the list of new Costco locations in 2016 and 2017 and, then, got onto Google Earth and looked at those locations. I have pictures of them if you would like me to submit that. I don't know that Google Earth is current as to what's open now versus what was there when they took their picture. So, I'm just asking you to look at this site and location. In the last two years I did not find one with a residential neighborhood around it. I found one where across a four lane divided highway there was a residential area. Overwhelmingly these were located next to an interstate highway. They were surrounded by four lane state roads and city roads. They are located in large vacant areas or in developed commercial, industrial, or Meridian City Council Meeting Agenda April 17, 2018 – Page 70 of 491 Meridian City Council April 3, 2018 Page 66 of 128 37 business parks and I think that this shows that there is a business model that Costco follows that allows them to be profitable. It allows for the movement of traffic in and out, so they get more people into those stores. People don't get frustrated trying to get there and get out. They are saying that their normal hours for unloading a truck are 3:00 to 10:00 a.m., but here they are going to modify it to 5:00 a.m. So, in their busy times from mid October to January 1st, what is the guarantee that they will adhere to that? They have got to get trucks in, they have got to get merchandise on the shelves. It's a very busy time. So, what is the guarantee that they are not going to start in at 3:00 o'clock or 4:00 o'clock in the morning or run until 11:30 at night? What is the plan to guarantee this when they are coming up from Salt Lake and they get stopped because somebody is turned over on the interstate and they are sitting there for three hours. Are they not expected, then, to not deliver their goods at night? Does Costco not want it when they need to get that merchandise on the shelves? So, I have concerns as to how this city is going to safeguard my neighborhood from all of that noise at any time of the day or night. I do not get up at 5:00 a.m., let me tell you, I do not and I don't want to have to start getting up at that hour because of the noise. I think that their business model works well in those industrial parks, because nobody cares if they start at 3:00 a.m. Nobody cares if they are unloading trucks at 12:00 a.m. in the morning. So, what I want to know is how is Idaho -- or how is Meridian going to protect me as a resident there from a lot of that noise, that pollution? Who is going to guarantee that the trucks don't go through my neighborhood, because you can't get down Ten Mile, so let's whip up to Black Cat and go down to Franklin and get back so we can get onto I-84 and get out of here. Those are my concerns. Mr. Wardle was asked at the August 2017 meeting what is the advantage to us. His retort: You can walk. Since in 2015 the average person spent 150 dollars at Costco, what are the chances people are going to walk? De Weerd: Can you summarize. D.Battaglia: Yes. De Weerd: Thank you. D.Battaglia: The Kittelson's traffic study notes that Costco has found they need about 800 parking spaces to operate. This site proposes 825. There are proposed to be -- proposed to be ten additional businesses and it was stated at the last meeting that Costco has no problem sharing their spaces with these ten other spaces -- businesses. If Costco needs 800 spaces, what is there to share? De Weerd: I'm sorry, I'm going to have to cut you off. D.Battaglia: That's okay. Those are my questions. De Weerd: Council, any questions? Cavener: Madam Mayor? 38 Meridian City Council Meeting Agenda April 17, 2018 – Page 71 of 491 Meridian City Council April 3, 2018 Page 69 of 128 De Weerd: Good evening. Kinowski: Good evening. My name is Jonathan Kinowski. My wife and I reside at 356 West Heston Court, which is in Paramount. Obviously, in Meridian. 83646. Madam Mayor, Members of the Council, my wife and I wrote you a letter last month opposing this application and defending the city's Comprehensive Plan as it is today. I was asked to read that letter tonight, but it would take longer than three minutes, so I will focus on our concerns for the Comprehensive Plan and I have said this before on another project right up the road. Meridian is at a critical decision point. It can continue its old ways of growth for growth's sake in zoning by project or go forward in a new way that allows for smart, elegant growth while protecting the quality of life of its residents. A comprehensive plan either sets requirements to be met or just offer suggestions. If the Planning and Zoning Commission and the City Council don't hold developers to the requirements of the Comprehensive Plan, then, it becomes just suggestions honored rarely, if at all, in which case what's the point? Why have a comprehensive plan? It is the role of the P&Z Commission and the Council to exercise the self discipline to say no to applications asking the city to violate the Comprehensive Plan, regardless of how much road money they offer. Road money they are going to get back, so it's not really that much of a gift. Many residents as you saw the hands and as you have heard of the nearby communities read the Comprehensive Plan before purchasing their homes. They trusted the city would enforce its plan and thereby protect their homes and neighborhoods from unsightly commercial development. They looked forward to having nearby shops and services scaled to serve their communities, not the entire region. The applicants are asking you to violate that trust so they can build what they want to build, even though their proposal is contrary to what the Comprehensive Plan requires and they have offered no rationale to justify overruling the plan. That is wrong. It is wrong for them to ask for it. If they cared about Meridian they wouldn't be asking. They would look for a site that is zoned properly under the existing plan. It will be wrong for you to grant it, because you will break faith with those who trusted you to protect them and their homes. Back to that critical decision point. Is Meridian going to grow and grow and grow, becoming just another ugly burb like southern California, all traffic congestion and strip malls, or can the city's leaders find a way to accommodate growth, while demanding high standards in design, architecture, traffic flows and livability as envisioned by the Comprehensive Plan? If you make the wrong decision it won't be good for Meridian. If you make the right decision nobody is going to say, well, boy, Meridian is a dump. They don't even have a Costco. De Weerd: I'm sorry, your time is up. 39 Kinowski: Okay. Thank you. Coles: Pam Brown signed against not wishing to testify. Lily McDaniel signed up against, not wishing to testify. Eileen Virbane signed up against not wishing to testify. Suzanne Landon against not wishing to testify. Roger Nielson in favor not wishing to testify. Michael Giusti against wishing testify. Sorry if I mispronounced that last name. Meridian City Council Meeting Agenda April 17, 2018 – Page 74 of 491 Meridian City Council April 3, 2018 Page 70 of 128 De Weerd: He was close. Giusti: My name is Michael Giusti and I live at 5786 North Joy Avenue, Meridian, in the Bainbridge Subdivision. I want to point out this picture doesn't really -- I think it was you, Luke, that mentioned the traffic patterns in there. That picture doesn't really show. There is access off of Black Cat into Bainbridge Subdivision. There is going to be a subdivision behind Bainbridge and I can tell you that people are going to cut through Bainbridge Subdivision to get to Costco. They are not going to go down -- all the way down Black Cat to Chinden and turn and their traffic pattern only showed that flow. So, I want to make sure everybody understands that there are multiple accesses in and when people are talking about traffic patterns in the subdivision, that's what we are talking about. The other thing I want to just mention is that we have a traffic problem period. I mean I think everybody knows that. But when we have roads that go to two lanes and, then, go to one lane and, then, open up -- up again in two lanes, it does nothing but cause a traffic jam. I go down Chinden every morning and I can see people speeding up to pass people, try to cut in at Linder and Chinden and trying to get off and I can count on both hands the number of accidents that have been at Chinden Road and Linder. So, I mean if you're going to grant something, make the roads first and make them correct all the way through, so there is no traffic problems. So, I'm against. Questions? De Weerd: Thank you. Coles: Kathy Stone signed up against with no indication of testimony. Art Stone against, no indication of testimony. Jasi Packard against, no indication of testimony. Packard: My name Jasi Packard. I reside at 6719 North Levenham. De Weerd: Thank you. Packard: I'm in the Spurwing community. I wrote a letter. I wasn't intending to present, because I'm not -- one of my biggest fears. But I feel strongly this is something I need 40 to speak to. I was actually raised here in Boise, Idaho, and I went to school at the University of Washington. I actually lived in Issaquah where Costco is headquartered. Traffic is disastrous as you all know. Seattle has terrible traffic and I don't want Meridian to make that same mistake. I returned to Boise -- or returned here as my hometown, because I wanted to raise my family. We chose Spurwing because it was a quaint environment and I'm listening to these stories of folks that live in Bainbridge, they are going to be even more impacted than myself. I have a young family and I feel strongly this isn't the right development or property for this size of a project. I, too, went onto Google Maps, even though I work for Microsoft, and I looked at all of the -- I looked at all of the -- the Costcos and none of which in the Seattle area -- to the area are in a residential area. Predominantly there is commercial. The -- the primary one is in Sodo district, which is all industrial. It's going to be a traffic madhouse. I hate traffic. I -- that's one of the reasons why we moved here and I feel like Seattle -- or Meridian has Meridian City Council Meeting Agenda April 17, 2018 – Page 75 of 491 Meridian City Council April 3, 2018 Page 71 of 128 an opportunity to try to change the tide. It is bad, but it doesn't need to get worse. I hear all the safety concerns and echo them as well, which is why I'm standing in front of you and I'm hearing a lot of these plans altering and changing and trying to compromise and I have heard also that the only other Costco -- there is only one that is a residential area and my worry is that Meridian is going to be the second and make that really bad mistake and create a third and a fourth and a fifth and I hope that this is an opportunity that we can change that and there will only be one and so for all those reasons I stand before you super nervous on the record, but I hope that you guys can listen to all of our concerns and, please, deny and reject. Thank you. Any questions? De Weerd: Jasi. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just because -- De Weerd: Jasi, I think we might have a question. Palmer: No. You're okay. De Weerd: Oh. Palmer: Just -- you know, since there has been talk of using Google Maps and -- and how this could be only the second one in a residential area, in about five minutes just 41 searching -- I looked through -- even in Idaho there is a few that are in residential areas, but -- Packard: Predominately residential? Palmer: Many -- many through Utah, many other states. I found dozens that were -- dozens that were adjacent to residential areas and many of those were on multiple sides. Packard: Okay. Palmer: Certainly this is more surrounded than -- than a lot of those, as they do have highways next to them and whatnot, but this also has a state highway next to it, just -- Packard: May I ask a follow-up question? I don't -- De Weerd: Sure. Meridian City Council Meeting Agenda April 17, 2018 – Page 76 of 491 Meridian City Council April 3, 2018 Page 72 of 128 Packard: My question is is -- I think that that's probably the case, but my question is of those examples what ones were predominantly residential from the get go and, then, added Costco. Palmer: Madam Mayor, if I could field the question. This is cool. That was one thing that I was specifically looking for was does it look like it's new apartments that are right next to it or is it homes and -- and I don't know how -- I mean I was just zipping around while trying to also listen to testimony, but in many of those it was clearly very established -- Packard: Okay. Palmer: -- neighborhoods, I'm guessing, you know, '60s to '70s when they were built. But there were many that -- that were surrounded by new residences, as this proposal before us, not only with the ones that were there before, but, then, it looks like probably things that were built at the exact same time, like this one would be, but -- Packard: Okay. Thank you. Palmer: Just -- not statistics, just zipping around looking at the same thing. De Weerd: We appreciate you being here. 42 Packard: Thank you. De Weerd: Thank you. Coles: Justin Packard signed against, no indication of testimony. Tracy Tilby against, no -- has written coalition, so I'm assuming someone spoke previous for Tracy Tilby. Gene Tilby against, no indication of testimony. Carol Wanders in favor, not wishing to testify. Marcel Wanders in favor, not wishing to testify. Margie McNulty against, not wishing to testify. Amy Young against, wanting to testify. De Weerd: Thank you for joining us. If you will, please, state your name and address for the record. Young: My name is Amy Young. I live at 6993 North Portbush Place in Spurwing Greens. De Weerd: Thank you. Young: My husband and I moved in to Meridian three and a half years ago. We bought our house five years ago. A Brighton home I might add. And we feel very blessed and lucky to live in this charming area. I'm from Alaska. I'm not anti- Costco, nor am I opposed to change and growth, but this plan doesn't make any sense to me. I don't understand why we are going through all these hoops to make sure that Costco can Meridian City Council Meeting Agenda April 17, 2018 – Page 77 of 491 Meridian City Council April 3, 2018 Page 73 of 128 cram a warehouse into this neighborhood area. The location that the Costco representative stated that they chose at Ten Mile and Chinden, because it is an equal distance from their store in Nampa and their store in Boise. If you take the triangle theory that they have and you flip it, you will find that it lands nearer on Ten Mile and Franklin. That location happens to be approximately nine miles to both current stores and only four miles from Ten Mile and Chinden. That location is for sale. I believe it is also zoned correctly. That location doesn't have any neighborhoods or parks that a warehouse like Costco would have a negative impact on. That location has multiple four lane roads, is close to I-84, and has much less congestion than the three prong Ten Mile and Chinden intersection. In the City of Meridian strategic plan adopted May 2015 and amended January 2016 it states: Preserve and protect land use and zoning plans to promote certainty and predictability for future development within the adopted area of city impact. And under strategic focus areas for growth, good growth fuels a city. Meridian will promote growth that enhances its vision and family focused, properly planned, financially viable and diverse and that for a community to prosper it must be 43 safe, secure, and healthy. Putting a giant warehouse, gas station, and parking lot in at a location that cannot absorb the additional traffic and on top of the very neighborhoods that were built with no transparency from Brighton as to their future plans, is not good growth, family focus, safe, secure or healthy. It doesn't matter how pretty they try to make it look, it is not a good fit. There are at least two other locations that make sense for Costco and are a much better fit. Please vote in favor of quality of life and safety for the citizens that you represent who will be most impacted by this decision. A win-win is possible. If Costco truly wants to be a good neighbor, respect and compromise would be a great start. One last thought. The only people who get upset when you set boundaries are the ones who benefited from you not having any. Thank you. Coles: Susan Barber signed up against, not wishing to testify. Owen Barber against, not wishing to testify. Donna Smith against, not wishing to testify. Val Daigle against, not wanting to testify. Bill Betts against, not wishing to testify. Richard Esley against, not wishing to testify. Ralph Grenick against, not wishing to testify. Berry McCaihill against, not wishing to testify. Cindy Bateman against, not wishing to testify. Mike Dunlap in favor, wishing to testify. Dunlap: My name is Mike Dunlap. I live at 5256 North Cougar Flat, Meridian. 83646. De Weerd: Thank you. Dunlap: The thing that gets me, I sit back and I watch, all -- everybody in this room knows this statement: Change is coming. Well, if you drive around the Meridian area it's here and it's really taking over. The thing is, every corner you go around, every road you go down in the city you find land being torn up for houses or apartments. These people are going to need jobs. You can't have housing only and no jobs for them. Costco will come in here, they said they would -- roughly when they are done they would have 227 jobs, steady jobs, to maintain the store. If you sit down and figure that out, the income, the paychecks, will be around ten million dollars a year. That's a lot of money to bring into a community. It's an awful lot. There is a lot of people out there Meridian City Council Meeting Agenda April 17, 2018 – Page 78 of 491 Meridian City Council April 3, 2018 Page 74 of 128 living from paycheck to paycheck, wondering how they are going to make it next year when the taxes go up or they are wondering how they are going to send their children to college. Costco, for one thing, wants to improve the road system around here. The road system -- if you're waiting for the county or the state to do it by 2022, I don't think you will see the money and you won't see the road improved by them at all. Costco is willing to do it now. The reason I would say let them do it now -- I used to bid jobs for construction companies. In Arizona we were asked to build -- or bid a job there. Six months of planning, we came up with 200 million dollars. Through land acquisition the 44 state couldn't produce the land for us to build it, so they pulled the project. Four years later they asked to build -- bid it again, which we did. The best we could do was 260 million dollars. It had went up 15 percent every year for four years. Costco will build these roads now and intersections at the day's prices. If you wait four years you better plan on adding 60 percent to the bid price. There is no is and or buts about that. I have worked too many construction jobs. It's going to cost you more and when that day comes, the county or the state is going to say we don't have the money. You better take what you -- my dad used to have an old saying -- some of you people have probably heard it. Don't look at gift horse in the mouth. They are offering you good wages, a lot of money into the community, and help you with the roads now at a cheaper price. Thank you. Any questions? De Weerd: No questions. Thank you. Coles: Mike Dunlap -- oh, excuse me. We just finished with Mr. Dunlap. Timothy Parker against, wishing to testify. De Weerd: Oh, you still have energy. This is awesome. It will give you energy to bend over to speak into the mic. Parker: Yes. Mayor, thank you. City Council, great to be in front of you. I was the second person in this room and I'm like one of the last, probably, you might hear from tonight weirdly. I'm going to cut to the chase and get to the end -- De Weerd: Well, if you will cut to the chase by telling me your name and address. Parker: Oh, sure. Timothy Parker. 6955 North Moon Drummer Drive inside Spurwing Green. De Weerd: Thank you. Parker: Resident as of January 2016. Minus nine degrees when I moved in. You find out who your friends are real fast. I'm about kicking the can down the road to some place and the infrastructure that's already available. It's -- we heard it from two testimonies ago. It's there. I'm not against jobs. We need all kinds of jobs. And we are just talking about kicking the can down the road into an infrastructure that's already in place to take those jobs there. I feel hoodwinked. I feel bamboozled. I feel misrepresented and my frustration falls to you and my neighbors are here tonight with Meridian City Council Meeting Agenda April 17, 2018 – Page 79 of 491 Meridian City Council April 3, 2018 Page 75 of 128 45 me. My financial ascension in life was not ordained to me. I fought for every dang nickel. I -- I have drudged and I have done everything I can to live in a place like Spurwing. I tried to do the best due diligence in my life in 30 years working professionally. I worked for a Fortune 50 company. I'm an entrepreneur and I don't take decisions that I do in my life lightly, without good research. There is nothing in front of me that said, hey, you know what, they are going to park a Costco warehouse -- and let's not kid ourselves what it is. Costco will tell you right there. It's a warehouse. You want to find one, go to the website find a warehouse. To me this is an unprecedented ask to stick this shoe horned across the street from such valuable current residence in the jewel of the north end. I could have moved anywhere. My realtor told me, Tim, you got to go to the north end, man. That's where it's happening. That's where you're going to be invested and you're going to be protected. I opened my Spurwing life the other day in March when I put this spreadsheet together. 1.8 million. 1.4 million. 529,000. 899,000 dollar home. 769,000 home. 469,000 home. 779. 1.089 million. 569,000. 368,000. 469. 1.298 million. 579. 345,000. 419,000. 940,000 dollars. You throw out the high, you throw out the low, that's 748,000 dollars in residential real estate property. I'm one of those. You throw out the high and the low, 323 percent premium to the median home in -- in Meridian. You look at where these Costcos are -- and Councilman Ty, I have gone to Google Maps as you have. I spent two hours clicking. There are some around residential areas. When you look at Zillow inside some for sale properties, inside there, you know what they trade at, they trade at the median price home. That's what surrounding Costcos, the median price home. I believe this is unprecedented to ask by a developer in Costco to place a warehouse in such proximity to such premium -- premium real estate. De Weerd: Mr. Parker, you need to summarize. Parker: It's a terrible precedence that can go beyond this meeting tonight to other communities. I'm asking you kick this can down to current infrastructure, but not on the north end, not in this location. Thank you. De Weerd: Thank you. You're good. Parker: Thank you. Bernt: Madam Mayor? De Weerd: Oh, you're not so good. Mr. Parker, I think you have a -- Bernt: Mr. Parker, I just love your energy. But I -- it's a breath of fresh air. Appreciate you coming this evening and testifying. Thank you for your -- your energy. Parker: This is a great country. We can do this. We can have this conversation -- Bernt: I completely agree. 46 Meridian City Council Meeting Agenda April 17, 2018 – Page 80 of 491 Meridian City Council April 3, 2018 Page 76 of 128 Parker: -- here. Bernt: Thank you. Coles: Fred Smith against, not wishing to testify. Rick Burke against, wanting to testify. Parker: Seven hundred dollars right here. Burke: Good evening -- De Weerd: Good evening. Burke: -- Tammy and Council. My name is Rick Burke. I resided at 6092 North Santa Rita Avenue, Meridian. 83646. I just want to throw in my two bits worth and let you know I am opposed to this development on a lot of facets, be it air quality, water quality. Quality of life is the big issue for me. My wife and I were approaching -- I'm just about ready to retire. I finally got her retired. We have got a nice house up in Irvine Meadows Subdivision, which is just north of Lost Rapids. It is a small subdivision, still under development. If I had had an inkling a year and four months ago that we were going to have a large warehouse development flopped within about a third of a mile from my house, I would not have moved where I did. I would have stayed in southeast Meridian area and just dealt with driving to Costco, instead of Costco coming to me. I would prefer that kind of activity anyway. The current two Costcos in the valley, they are more than adequate as far as getting to and from. They are packed. They are doing a good job. I like Costco, but I don't like them in the backyard. Unfortunately, I have to use that backyard principle. You know, I look around as I'm -- you know, as everyone's testifying and I'm noticing people are looking at their computers, texting phones. This is my three minutes and I want you all to pay attention and listen -- listen to us all. I'd like to ask, Mayor, if it's okay to ask if there is -- all those folks who are in favor of this development to raise their hands. I don't see too many. How about those opposed? Quite a few. Mayor Tammy, Council, any questions? I'm about done. De Weerd: No. Thank you, Mr. Burke. Burke: Thank you. Bernt: Thank you, sir. Coles: Barbara Badigian signed up against, not wishing to testify. Leonard Badigian 47 against, not wishing to testify. Janis Hickey against, not wishing to testify. Michael Arnold against, not wishing to testify. De Weerd: You can change your mind. Come on up. If you will, please, state your name and address for the record. Meridian City Council Meeting Agenda April 17, 2018 – Page 81 of 491 Meridian City Council April 3, 2018 Page 77 of 128 Arnold: Okay. Michael Arnold. I live at 972 West Bacall Street in Paramount. I would just like to go ahead and read this. I get a little nervous, so it's easier if I just read it. As a resident who has participated in this process for some time now, I find it frustrating that we who are asking the city to uphold the Comprehensive Plan are often viewed as negative, since we have to frame our requests using such words as deny, reject, prevent or block the action, while those who are asking to go against the Comprehensive Plan use phrases such as move forward, approve, develop and expand. The most misleading word in this entire thing is amendment. The amendments applied for here tonight are not really amendments. They are asking you to completely scrap what the Comprehensive Plan had intended for this area of Meridian. Developers are actually asking you to reject the Comprehensive Plan and the future land use map. They want you to deny residents the peace in their neighborhood and the safety for their families and children. They are asking you to prevent Chinden from becoming the east-west corridor it was meant to be in search of profits. They are asking you to do it and to clog -- they are asking you to clog it with commercial shoppers at the expense of the daily commuters. We are asking you -- and the vast majority of people that have spoken here tonight are asking you to uphold the Comprehensive Plan. We are asking you to move forward with smart, responsible growth. We are asking you to make land use decisions consistent with what we, the residents, have come to expect when we purchased our homes in the communities. Going from mixed use commercial to commercial is a drastic deviation from the Comprehensive Plan. If property would like to be annexed into the City of Meridian it should follow the guidelines. The land use decision to annex and zone property to allow a regional warehouse carries the implications that have not even been planned for by this Comprehensive Plan in the past and cannot be done without a huge impact for not only the surrounding residents, but anybody who uses Chinden. So, please, carefully weigh whether this is the right move for Meridian, because once it's done it cannot be undone. This is a big decision and we are asking you to be serious and give serious consideration to the concerns of all the residents that have come before you tonight. Thank you. Bernt: Thank you. De Weerd: Thank you. 48 Coles: Linda Arnold signed up against, not wishing to testify. Leslie Gordon signed up against with no indication of testimony. Rick Gordon against, no indication of testimony. Marsha Dennis against, no indication of testimony. Denise LeFever against, no indication of testimony. De Weerd: Good evening. LeFever: Good evening, Madam Mayor, Councilmen -- or Council Members. My name is Denise LeFever. I live at six -- 6706 North Salvia Way, Meridian, Idaho. Spurwing. Sorry. I'm a little -- a little tired right now. Anyhow, we will start here. Right here we show that this is R-8 and mixed use and this was parcel specific per resolution 08624 Meridian City Council Meeting Agenda April 17, 2018 – Page 82 of 491 Meridian City Council April 3, 2018 Page 78 of 128 that it was mixed use. Can we flip that? Oops. There we go. Try to get it to work. Right here -- there we go. The way land is developed makes a difference to buyers. People buy neighborhoods. Sorry. Home builder David Turnbull, owner and CEO of Brighton Corporation, said in his 27 years in construction he can't remember seeing -- De Weerd: You want to pull -- LeFever: He can't remember seeing such low inventory rates. That's caused an increased demand in new home market Turnbull said. I expect continued high demand, Turnbull with Brighton said. What's changed since the August 2017 comments? Home prices hit record highs as inventory drops to record lows. Right here during the Planning and Zoning Committee -- Committee it was commented who would build next to U.S. 20-26. Well, there is a lot of really nice neighborhoods as you can see in red. It was also brought up who had built on a hard corner. Well, CBH Homes has and its right smack dab on a corner and the houses are selling. This future use map right here shows all these areas that haven't been developed out yet that are all mixed use in the future -- in the future land use. The city zoning -- all the white right there shows land that's available. Right here 139 properties are available throughout Meridian for commercial development. So, what does all that mean? That means there is land available that can be developed for Costco, for commercial pads. Fifty-five and senior citizens, there is 21 developments north of I-84. The need's already been met in our community. Right here this is what everybody is talking about. This was supposed to be an expressway per Community In Motion 2040. School bonds passed 95 million on -- 60 million for a new high school in the area, 16 million for a new elementary, two private schools down the road. Schools are taken into account for new residential. Right here the state is funding infrastructure, fixed funding -- funding area 27.5 million to IDT. Gas tax increased just recently 16 cents per gallon. Millions in surplus fund 49 eliminator -- eliminator fund. Online retailers to pay sales and use tax estimated 22 million to 37 million a year, with one percent going to fund roads. Right here we have the surplus eliminator funding Eagle to Locust Grove. Approved for funding Star to Linder. Partially funded Locust Grove to Star for the engineering work. Right here a hundred percent income producing properties. For the applicant this is just business. For the surrounding property owners this is their home, community, neighborhood and quality of life. Oops. Wrong way. And to wrap it up, it is clear Brighton and David Turnbull have done wonderful things for the community and have been knocking it out of the park building Meridian. Great job. Consistent with continue knocking it out of the park by developing based on the future land use map R-8 designation, which is consistent with the existing beautiful residential areas, assist DFI in developing the 15 acres of mixed use land in a manner we can all be proud to call our community. Trevor, DFI, worked with the neighbors as you have done on other projects and were complimented by the City Council not that long ago. In closing, just deny this application and protect the surrounding users' rights to enjoyment and access to their properties. Let people know the following matters. The Comprehensive Plan, the future use land map -- De Weerd: Denise -- Meridian City Council Meeting Agenda April 17, 2018 – Page 83 of 491 Meridian City Council April 3, 2018 Page 79 of 128 LeFever: -- and zoning. Okay. De Weerd: Thank you. Council, any questions? Thank you. And this isn't unusual for you to still be here, so -- LeFever: I'm tired today. De Weerd: This is one member of our public who comes every single week. LeFever: Well -- and -- and I do believe in the Comprehensive Plan and I have spoke on behalf of developers for the Comprehensive Plan. I do strongly believe it's a good plan, especially the North Meridian Plan. So, I would really like to see us uphold the plan and stick with it. De Weerd: Thank you. LeFever: Thank you. Coles: Michael Meuret in favor, would like to testify. 50 Meuret: Madam Mayor. De Weerd: Good evening. Meuret: Good evening, Madam Mayor, Council. You have, obviously, saved the best for last. Thank you. My name is Michael Meuret. My office address is 1210 East Fairview Avenue, Meridian, Idaho. I own a home at the corner of Meridian and Chinden and I own a business at the corner of Linder and Chinden and I would really just like to start by saying, you know, I think as the saying goes, a rising tide lifts all boats and in this case I do believe that Costco is the tide and I know a lot of this is going to be a tough crowd to convince that, but I do believe my neighbors and I need shopping and services like Costco nearby to reduce traffic, not only in this area, but on the other communities where we are traveling to get to our services. Home values. I keep hearing, you know, obviously, a lot of concern about the home values and I -- I can appreciate that concern, you know, again, I'm a homeowner in the area, but I don't believe convenience is going to hurt our home values. I think home values will be impacted no more or less than those communities with similar developments that we are currently frequenting. We need the develop -- the improvements to Chinden that this development will bring now. If we wait for ITD -- I heard some people making estimates, but the actual number is 2027 when this section of the road will be improved, because ITD will be doing it every other year between State and Chinden. They will start at Eagle and -- between Eagle and Locust Grove in 2021 to '22. Then 2023 will be Linder to -- or not Linder. Excuse me. Locust Grove to Meridian. Meridian to Linder. Linder to Ten Mile. You guys can do the math. It's just every other year. Sorry. But, anyhow, this development anchored by Costco, as others have testified, it is a special Meridian City Council Meeting Agenda April 17, 2018 – Page 84 of 491 Meridian City Council April 3, 2018 Page 80 of 128 business. As I said, I believe it's the tide that helps our home values. It helps wages in the area. It helps the traffic. It helps ease traffic on other communities. But it will bring shopping -- other shopping that the neighbors in the area can bike to. I know everyone is saying we can't go to Costco and bike. I agree. If you're going to get a coffee or a hot dog, you will ride your bike to Costco. But Costco, the type of business it is, will bring businesses just like -- well, honestly, actually, it's -- well, let me. I'm getting scatterbrained. Sorry, guys. It will bring businesses that we can bike to. It will bring jobs to our neighbors and to our children, my children, that they can walk to and all the while reducing traffic again on those other communities that our children are currently driving to to get to work. You know, this development will help neighbors, businesses like my own, and I -- De Weerd: Can you please -- 51 Meuret: I will wrap it up. Yeah. I'm going to summarize it real quick. One last thing. I was going to make a comment. I know a lot of people seem surprised by Costco, but I built my business Einstein's Oilery, and it's going on six months. It was a couple of years -- three years, four years in the making, and I went to this area knowing Costco was coming to this area, you know, so that three to four years was even before I built my home in the Castlebury area. So, anyhow, that was it. De Weerd: Thank you. Meuret: I'm, obviously, for it. Thank you. Coles: Was there anyone that signed up that would like to testify that I failed to call? De Weerd: That's usually my question. Thank you, Mr. Clerk. Coles: Very good, Madam Mayor. That was all the sign-ups. De Weerd: Yes. In the back. Yeah. We will get to all of you. But in the back if you want to come forward. Good evening. Gillaland: Good evening. My name is Michael Gillaland. I live at 3319 South Island Fox Avenue, which is in Foxtail right -- right off of Chinden and Linder and I am in favor of the project. I have lived in a lot of places around the country, 17 states as a matter of fact. This is my home. This is where I plan to stay. And I was not disillusioned when I relocated from another subdivision three miles from where I'm at now to think that all these vacant fields would not be developed at some point. In fact, I'm about probably 300 yards from the Fred Meyer loading docks and gas station and I don't hear any noise, any issues with them loading or unloading trucks in that area and I can sympathize with a lot of the people that are against the project, because I think the Council should consider a lot of the issues, in particular the safety issues and the traffic safety issues. Pedestrian. Would be concerns of mine. So, I think there needs to be assurances that those things are taken care of. But I don't think that Costco is going to Meridian City Council Meeting Agenda April 17, 2018 – Page 85 of 491 Meridian City Council April 3, 2018 Page 81 of 128 be bad in the long run and the fact that they are willing to put out the money to start widening the roads and taking care of the traffic issues is a positive thing. I have been here almost five years and most of the development at this end of Eagle and Meridian is residential. We need the other services that Costco and others will bring to the area. De Weerd: Thank you, Mr. Gillaland. Okay. Next time you have to hop up sooner. Good evening. 52 Nanez: Good evening. Hi. My name is Sarah Nanez and I am a resident in Meridian, 3978 North Alester Avenue. 83646. And I am for this development. I don't understand when I hear people say that this will bring nothing to our community and that Costco doesn't offer anything to our community. I don't know when jobs is not something for our community. So, to me that alone is a huge selling point. Also I drive 15, 20 minutes to get to Costco. So, for me that there, as was mentioned before, contributes to traffic. I work for St. Luke's and I can remember when we were trying to build our buildings downtown when a lot of the residents had echoed some of these similar concerns. You know, of course, I'm biased in that I believe St. Luke's brings a lot to the community, but I think if we look at the bigger picture we can see that Costco is a contributor to our community and not to make light of it, but I'm also tired. I do have children and I just don't see how this affects their safety in any way, although I understand people are asking just to kick it down the street a little ways, which they are basically saying to kick it -- you know, make it someone else's problem, but yet they are still going to shop there. I know I'm going to see a lot of you guys getting those hot dogs and pizzas and I will tell you what, I'm looking forward to taking home a warm pizza finally from Costco. Thank you. De Weerd: Thank you. Good evening. If you will, please, state your name and address for the record. Johns: I'm Tammie Johns. I live at the 3508 West Star Hollow Road in the Spurwing Subdivision in Meridian. De Weerd: Thank you. Johns: I have never been to a city council meeting ever in my life and I'm 57, so this just tells you how passionate I am about this. As a resident of the Spurwing Greens planned community and in the neighborhood directly across the street from the site being questioned, I write to express my concerns and those of everyone I know who lives in this neighborhood. First of all, we moved into this area based on the fact that it is away from any commercial property and with no common property zoned commercial. We built our home here two and a half years ago and have enjoyed the quiet area we live in. The only thing unpleasant is the amount of traffic which has increased over the past few years since Bainbridge and the remainder of Spurwing has been developed. I leave my home every morning to go to work and instead of turning left on Tree Farm to go out -- turning left on Chinden to go out to the freeway, I turn right and backtrack to Black Cat, to Franklin, and, then, onto Ten Mile Road to the freeway, saving myself ten Meridian City Council Meeting Agenda April 17, 2018 – Page 86 of 491 Meridian City Council April 3, 2018 Page 82 of 128 53 minutes because of the traffic. The traffic coming in from either direction, even this far west on Chinden, is terrible. To put a Costco in that spot where it will be the only commercial business on Chinden this far west would be very poor planning. Not only will it increase traffic even more, but widening the road will not have an impact in reducing traffic. It will also look awkward and out of place to have such a large commercial -- commercial building like that sitting alone in a high quality area. The only intelligent move to bring Costco to this area would be to put it close to the freeway in an area zoned commercial where residential areas are not impacted and where any residential areas going up are aware of their surrounding. To change the zoning and add a large commercial business in our area after we made the largest personal investment we will ever make and with the understanding the property around us is zoned residential, is unethical and it makes us question actions such as these made by those that we trust. These are not low income or even middle income homes, but higher priced homes, which because they are higher priced would decrease in value. That is not fair to residents. I implore you to reconsider this action, which brings no benefit to the residents closest to this proposed commercial business. And I am not against Costco. I want Costco. I think it's a great thing. But let's put it where there is access from the freeway. Highway 16 and Chinden, there are no residential areas that are impacted. Down by 84 there are no residential areas impacted in those areas where there is land available. Thank you. De Weerd: Thank you. Any -- yes, sir. Stevenson: Okay. While Sonya is bringing that up, my name is Jerry Stevenson. 6040 North Ten Mile Road. 83646. I kind of object to several things in this whole process -- the way everything has been handled in here. I have been to the highway department meeting, I have been to the P&Z meeting, and nobody seems to want listen to anything I have to say. So, I'm hoping that somebody at least acknowledges what I'm saying here. I have grown up in this area all my life. I grew up on Eagle Road when it was only a two lane road. So, I know the impact. I have watched the growth. I have been at my current residence for 30 years now. I didn't ask for all these neighbors that I have now, I just inherited all of them. So, I have had my battles with some of the developments. You know, I have had a challenge. My views have all been blocked. I have tried to limit to one story buildings, but I got -- out of six houses I only got to choose one house that would be a single story. So, there goes my views. Live directly across the road from this proposed development, so should this go through I just want some provisions made for myself, because this is kind of my last opportunity to try to speak for myself. I feel like I got my back up against the wall here. So, if it does to through I want all of the right of ways to be on the other side of the road from me. I have spent thousands of dollars improving my property trying to, you know, protect myself from what's coming down the road, so I put in a berm, put a bunch of trees. A few years ago I ended up putting in a vinyl fence, because all the traffic comes through there, all the lights and everything, so I put a six foot vinyl fence thinking that would help. Well, it doesn't help, because I can still see you over there, the trucks going by. So, if it comes in I would like to have an eight foot soundproof barrier to replace my front 54 fence, so I would like that to be a provision. I would also like to see some kind of a Meridian City Council Meeting Agenda April 17, 2018 – Page 87 of 491 Meridian City Council April 3, 2018 Page 83 of 128 noise study be taken care of out there, because that road is extremely noisy. Summertimes especially when you have motorcyclists, everybody with windows rolling down, music blaring, you got horns honking, I mean it's not a -- it's not a fun place to live there anymore. When Walmart came in they put a pressure relief valve station right next to my house, thanks to Corey Barton development, they chose the location right next to me. I didn't get any support from Meridian. It's out of their jurisdiction, because it's a Public Utility Commission, so I had to go fight for that myself and put that on a sound barrier deal. I mean I have been in battle after another trying to protect my own interests there and so here is the last stand right now. So, people say, well you're going to make a lot of money when Costco comes in, you will be able to sell and go commercial. Well, as we have discussed with Sonya, my property doesn't qualify for anything. I don't have enough frontage, it can't be a different use. They are not going to allow any access off of Ten Mile. That means that any development has to go through a Corey Barton Subdivision to get to the back side of my property to enter that way. So, I'm trying to figure out what to do with my property should I ever -- and I was planning on doing this maybe four years down the road, but they are moving the timetable up on me, which I'm not too crazy about. So, basically, if you take a look at the driveway location policy on here, there is a violation in here that says district policy 7205 4.5 requires driveways located on minor arterial roadways from a signalized intersection with a single left turn lane shall be located a minimum 330 feet from the nearest intersection for a right-in, right-out only driveway. My driveway is less than 250 feet. So, what's that telling you? Basically right-in, right-out only? Well, I'm less than that. I can't do a left-right out of my driveway is what they are trying to tell me. Now they are trying to tell me it's unsafe. My -- my contention is the fact that I don't make these policies, so if I want to stand up this -- this illegal issue right here, I think I could say that light that's supposed to be at Lost Rapids has to be further down the road for me to get access out of my driveway. So, it's kind of a two-way street when I don't make these policies -- De Weerd: Mr. Stevenson, neither do we. Stevenson: Pardon me? De Weerd: We don't make those policies either. Stevenson: Okay. Okay. Yeah. So, anyway, I'm saying I think there is a violation in that right there. So, anyway, I'm going to move on with that. 55 De Weerd: Well, we need you to summarize. Stevenson: Okay. De Weerd: Because your time is up. Stevenson: So, to summarize, then, I would also like to have no neon signs that I can see from above the eight foot fence on any building that's going to be put in there. Meridian City Council Meeting Agenda April 17, 2018 – Page 88 of 491 Meridian City Council April 3, 2018 Page 84 of 128 De Weerd: Sonya, can you show us where he lives? Mr. Stevenson, I'm just trying to get an idea of where you are. Stevenson: Okay. If you would bring that up. And, then, also the other problem I have had is -- is -- I mean there is -- the noise and everything from the -- just the traffic and, then, living next to all the development that's been coming on the back side of me, there is no restriction on hours of construction. They can work until 10:00 o'clock at night and start I think as early as 6:00 o'clock and, trust me, they do that, so you can't even have family over to enjoy any events there, because somebody is going to be up there with a nail gun or, you know, air compressor or something like that. So, I mean the noise is just absolutely terrible and now they are finishing up those houses, so, hopefully, that should be finished, but now we are going to be on the other side of the street repeating that whole process with trucks right across the street where that driveway is. The brakes are going to be coming in. I'm concerned about my -- exiting my particular location and if all those trucks are waiting to turn in there, I think that's going to be a backup and, then, it's -- it's already a challenge sometimes during the peak rush hours to get out of my driveway and this is going to make that even worse, even when it's expanded to five lanes. De Weerd: And is it Tango Creek that dead ends into the backside of your property? Stevenson: Yes. De Weerd: Okay. Stevenson: One of the other hazards I see in here, too, is if you take a look at that West Rapids on the east side, there are no bike lanes there and everybody violates the parking issues in there and there is always cars parked on the street. It makes it really narrow and when you put a light in there at that particular intersection, you're going -- and if it's Costco, you're going to see everybody coming all the way from Rocky Mountain High School, that development all the way through there, to cut all the way 56 through there instead of going all the way around, it's going to affect that whole neighborhood. It doesn't affect me, but Costco is the type of a store that attracts a lot of people from a lot of areas -- De Weerd: Sir, you need to end. Stevenson: Okay. De Weerd: Council, questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda April 17, 2018 – Page 89 of 491 Meridian City Council April 3, 2018 Page 93 of 128 several different numbers regarding potentially the number of pumps and, then, also containment type issues. If you have anything to share. Whelan: Yeah. I mean -- yes. I mean, again, we have -- we have a corporate reputation to protect. So, as you may imagine we use the -- the most latest technology. Our gas tanks are double -- double walled gas tanks. So, relative to the -- to the safety provisions, be assured that we will work with staff and they will have an opportunity to review all of that to make sure that -- that we comply, because we do comply with all -- all guidelines. The fueling facility will have 24 pumps initially. We are counting both sides of them. The stacking area for context is about 30 percent more than our existing Boise area locations and, then, just to touch on it, Sonya mentioned that initially they had a condition that they wanted our fuel facility moved. They recommended our fuel facility would be removed. The Planning Commission did not agree with that and I can speak to that briefly, if -- if you would like. The fuel facilities on the corner -- and, you know, we are not a convenience store. You know, we sell nothing else there. So, I think that staff was -- in fact, in their staff report they reference that there is no immediate access to it. Well, that's what we like. We like that it's -- we like the visibility on the corner, but, more importantly, it's -- it's optimal for our site development if -- if someone will come in from Ten Mile Road and get into the internal road in the project, they have more room -- I call it a runway to get to our fuel facility. If you make them make that immediate right turn right away, that's a potential congestion point. So, they have more room to get to our fuel facility. Same thing if they come in off of Chinden, they have more room to get to our fuel facility and, then, most importantly, when they exit they have an opportunity to -- we call it back feed to -- back feed either off of the drive that's on the north of our site or the drive that's on the east of our site. So, it's very optimal relative to the flow of -- of the overall project and how people can get in and out more easily and more efficiently to both the fuel facility and our parking area. 57 Little Roberts: Thank you. Whelan: Uh-huh. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I found one more. And I don't know if this is for you, Mr. Whelan, or if it's for a representative from Brighton or -- or other -- another representative, but another concern that I have was -- more of -- tonight we also heard a lot of concern about the density aspect of the -- the apartment or the multi-use residential area behind Costco and would there be a way to make that less of an apartment look, but more like a townhome feel and have the niceness of -- of that -- of those units match more of the existing areas? De Weerd: I don't think Mr. Whelan is the -- Meridian City Council Meeting Agenda April 17, 2018 – Page 98 of 491 Meridian City Council April 3, 2018 Page 94 of 128 Whelan: Yeah. No. De Weerd: -- appropriate person -- Whelan: I'm not. I can turn it over to the right person, if -- Bernt: That's fine. Whelan: -- you guys are done with me. De Weerd: But anything further for Mr. Whelan while we have him up? Okay. Thank you. Whelan: Okay. Thank you. Bernt: Thanks, Mr. Whelan. Wardle: Madam Mayor, Members of the Council and Council Member Bernt, you saw in our rendering slides that the apartments along Lost Rapids are a two story townhome style. The intent is a lower profile, but stepping, and the pictures here -- well, this -- this is good. The site plan -- actually, the lower profile units along Lost Rapids with the three 58 story behind that give a step up for additional buffering of the Costco structure to the north. The pictures that are depicted here are some in the local community along -- well, near the intersection of McMillan and Meridian Road and, obviously, then, the -- the taller three story structures. But when you talk about density, we are talking about a six and a half acre site. The depiction in the site plan on the screen shows about 109 units. We are not talking about a large scale project, but we are talking about something that provides this visual buffer stepping up from similar two story type structures that are going to be in the single family residential area immediately to the south of Lost Rapids. So, I heard the term a lot high density. Well, we -- we go to the R-40 simply because that's the only zone that allows us to get into the multi-family within a reasonable range. The depiction shown here is less than 20. We suggested in the development agreement that there would be a maximum of 24. I don't consider that extremely high density. But the purpose is for buffering on the south side of the Costco structure, stepping from two story to three story at the back. I hope that helps. Any other questions, please? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Mike, I don't know how set you are on these renderings. I'm just, to be honest with you, not really a fan of those townhouse -- the look of those townhouse apartments. I think they look like upside down snowmen with stilts. Like the top is too big for the bottom. I don't know. Meridian City Council Meeting Agenda April 17, 2018 – Page 99 of 491 Meridian City Council April 3, 2018 Page 95 of 128 Wardle: Madam Mayor. Let me just interrupt. These -- these were simply placeholders as two types of massing, not so much the design. It was to show the two story type and the three story. There is no design -- Mr. Gasser is here this evening and they would be the ones to develop that if he has something to add, but these were simply examples. These are not the designs that have been submitted and they will be subject to conditional use permit with more neighborhood meetings and Planning and Zoning and City Council hearings. Milam: Thank you. I just want to throw that out there before -- Wardle: Yeah. Understand. That's a point very well taken. Cavener: Madam Mayor? De Weerd: Mr. Cavener. 59 Cavener: Mr. Wardle, you and your team have done I think a pretty good job of at least addressing the questions that I have heard from the public. One that we didn't get a lot of discussion on, but I'd like to have you maybe walk us through is some of the safety aspects that you guys are planning to implement. For me specifically two things. I would like to kind of be walked through where some of the crosswalk access is going to be into this project and, then, secondarily to that, we heard from quite a few residents with some concern about access coming off of -- and even Council Member Bernt referenced it -- Vanderbilt Drive and some concern that that becomes kind of a back access speedway off of Black Cat into -- into the Costco neighborhood and so -- or into the Costco development. So, I'm hoping you would be willing to at least shed some -- unlike me, you guys are much smarter on a lot of this stuff and I assume this is something you have considered and I would like to hear what your plans are, if any, related to this. Wardle: Let me go in reverse -- De Weerd: And, Mike, why -- I'm just going to add on. It was said tonight that -- that Lost Rapids Drive was not considered in the traffic study. So, as you're addressing what Mr. Cavener asked, can you also build that into your comments? Wardle: We are going to start with that question, Madam Mayor. De Weerd: Okay. Sorry about that, Mr. Cavener. Daleiden: Madam Mayor, Members of the Council. So, Lost Rapids Drive was definitely included in the traffic impact study. We evaluated that throughout the different conditions. Yeah, there is conditions as that were identified by Ada County Highway District related to Lost -- Lost Rapids Drive, as well as just the -- the traffic volumes that are on there. We specifically, through the discussions, did not -- we didn't look at the local street connection in terms of analyzing it in the traffic study. It's a lower volume Meridian City Council Meeting Agenda April 17, 2018 – Page 100 of 491 Meridian City Council April 3, 2018 Page 96 of 128 roadway. Ada County Highway District did not require that, just because of the local street to collector component, but we are aware of it. There isn't anything from -- from our standpoint right now from the analysis that would tell us that that intersection wouldn't operate acceptably as a stop control based on the volumes projected on Lost Rapids Drive, as well as the -- projected traffic associated with the other development -- other residential homes that will be built in that area to the south. Let me know if you want any clarification on that item. 60 Cavener: Not on that piece for me. De Weerd: We will see if there is any follow up. Wardle: But the point is that it was considered. There was also a distinction made in somebody's testimony about the backage road concept collector. In all of our projects in recent years, Paramount being one of the more significant, we have these collector roadways that do carry the traffic out of the neighborhoods. In this particular case this also serves as an access to -- in this particular case residential uses primarily, because there will be a no truck -- no commercial truck through signage from the Lost Rapids commercial service drive just west of Ten Mile up to Tree Farm. So, it will be local traffic and I have -- over the years -- and I have been in this way too long -- one of the things that we can't do is solve bad driving behavior often by residents themselves. We heard this is Paramount. Our kids are driving too fast through the subdivision to get to school. Well, take your kids aside, take the keys away if you need to, do something to address the issue. But safety considerations are a concern. The Ada County Highway District noted that when they do address the question of what we call the Bainbridge North portion, the five to eight unit per acre single family project west of Costco, that they will be looking for enhanced pedestrian crossings at the location of that intersection between the park and the neighborhood to the north. So that will be a point at which people, if they happen to be walking over to the commercial area, not necessarily the Costco, other than maybe if they want the hot dog, but to the other uses, there is a way that they can cross that street. I wish we could solve all of the -- the ways that it could be violated and addressed certainly an enhanced signal -- and I would assume that that would be one of the types that we see along many of the arterials near schools currently and that's you hit the activator switch and it gives you some time to slow and, then, stop for the crossers and, then, once it goes back to a flashing red you can go if the traffic -- if the pedestrian traffic is cleared. So, that type of thing will be considered as part of this and I would assume that when the conditional use permit comes through for the apartment project that there will be such considerations there, because there is a crossing directly across the street from its entrance as well. Did I touch your -- all of your issues, Commissioner Cavener? Cavener: Madam Mayor. All but one and that -- again, I don't know if it's something you have considered, but I heard some pretty compelling testimony about concern about traffic accessing Vanderbilt off of Black Cat through the Bainbridge Subdivision. Meridian City Council April 3, 2018 Page 97 of 128 Wardle: Sonya, can you pull up the broader picture, one of the Google Earth pictures that covers this area. Or Mr. Clerk. Cavener: I have got it pulled up if you want to grab my screen, too. 61 Wardle: Whomever. I think we need to look at that, because it's certainly -- every one of these subdivisions is cross-connected. It's a requirement now. So, the Volterra project to the south will have several access points into Bainbridge. There will be traffic that will flow between them. Now, with request -- with regard to speeding cut-throughs and so forth, when you talked about Vanderbilt -- and this doesn't quite go over to the west. You see that Vanderbilt moves a little bit in and around. If people are looking for a fast way through -- when they get to the point that they have got a four lane Chinden, five lanes with the turn lanes, five lane Ten Mile Road, certainly improvements coming along on Black Cat, the capacity -- the additional capacity that's going to be on those systems is going to discourage some of the people that might today be making those cut-throughs, because every one of us that travels -- and I live in Ashbury. When I go to our office it's a virtual mile from Locust Grove to Meridian Road. I try to gauge it to miss the people dropping their kids off to all of the schools in that area, but still -- so, sometimes -- one of the descriptions this evening was that somebody apparently came down that dirt road in the middle of the project, because probably the two lane Chinden wasn't carrying the traffic through that signal and as a result they thought, well, I'm just going to bypass all of this. Why they would do that -- they probably saved themselves three seconds in the end. But people will do interesting things. But with regard to the way -- and Vanderbilt is a collector street. A residential collector coming out of the center of Bainbridge to Black Cat, but, then, when you get to the center of the project you have got a lot of disconnects and a lot of out of area. So, I think it's possible. I don't think it will be significant and, obviously, with the neighborhood there to police itself, there will be some revenue generated to the city I assume at some point or another through the police department. Cavener: Madam Mayor. Just a comment. And I think for -- for those in the public that testified about their concerns about speeding and traffic issues already going on in their neighborhood, I just want to commend Officer Colaianni hearing that and grabbing people as they were leaving and mobilizing around that already, because I can appreciate if I live in a neighborhood before a development potentially comes in that there is traffic issues already, we need to be addressing those traffic issues today and I appreciate Meridian police for already hopping on that, for what it's worth. Wardle: Madam Mayor, if there are no further questions, let me just make one final statement and it regards the infrastructure that's being proposed to go ahead of the project. Clearly it doesn't solve all of the problems and there will be bottlenecks down the road until ITD or some other project adds capacity to the system. But if we don't start here and if we don't start now, we are going to be waiting a decade. This starts the process and it probably will encourage ITD to start looking a little bit more clearly at let's get the system completed. I know that's certainly in your interest. The city has been proposing this for a long time. But if we don't start now we are talking decades. This is Meridian City Council Meeting Agenda April 17, 2018 – Page 102 of 491 62 Meridian City Council April 3, 2018 Page 98 of 128 an opportunity to get started. Appreciate the opportunity to be in front of you this evening. De Weerd: Thank you. Wardle: Thank you. De Weerd: Lieutenant Colaianni, I know that there were a couple of -- of questions or comments about safety and -- have you looked into any associated crime or any safety concerns from the Police Department? Colaianni: I'm still here. We did -- when we were looking at this project in the beginning I did have our crime analysis unit do a couple of things. One of the things we did is we went and did a four year history of crime at the Boise Costco and the one in Nampa to try and grasp what things occur, what are the police responding to, and, interestingly enough, in both locations -- and this is over a four year period of both locations -- at both locations the number one call for police services was identical and it was dogs in hot cars. Truly. But both locations there were 40 instances people called the police because they were dogs in cars. So, that was the number one call for both locations over a four year period. The second calls were welfare checks, theft, burglary out of a vehicle, theft out of a vehicle, those types of things. So, there wasn't a lot of significance in that information that they gave us, but it was stuff that you would typically see anywhere else. We get those types of calls all sorts of places. We also had them look at the crashes that we have had along Chinden over the last three years and the top three intersections for crashes right now are Meridian and Chinden. This is for us. Locust Grove and Chinden, and Linder and Chinden. Those at the top three. The reasons for the crashes, the top three, are following too close and inattention and distracted driving, which can encompass texting on the phone, a number of different things. De Weerd: Thank you. Mr. Borton. Borton: Madam Mayor. A question for Mr. Nary. We will start there. Deb had brought up the issue with the variance and had raised 11-3H-3 and it sounded as though it was their position that a variance in the application might not have ever been necessary, because there is an alternative route to get the exact same type of relief? Not heard of that before. But if you can comment on it. Nary: Madam Mayor, Members of the Council, Council Member Borton, I mean I have looked at that statute and I think at this point, because a variance application is in front of you, you're still going to have the variance findings. I think the way I understood Ms. 63 Nelson's argument was that our code has another alternative that could have been considered and we have considered that previously in other like situations. But the decision that a variance was the most appropriate route -- at this juncture you're still going to have to make the findings and I think alternatively what I heard and -- is that we have made also variance findings based on those similar arguments that Ms. Nelson Meridian City Council Meeting Agenda April 17, 2018 – Page 103 of 491 Meridian City Council April 3, 2018 Page 99 of 128 raised in other applications based on the hardship in relation to the roadway and access and the impact on the surrounding area both there on Chinden, as well as other parts of the community of -- South Meridian Road comes to mind, as well as a few others. So, I think -- I think her argument was two-fold that you -- we could make that finding, but I think at this juncture, because that's what's in front of you, that was what was noticed, that's what the application was about. I think the -- the appropriate route is whether or not you can interpret your code and make those findings based on the testimony that she has provided. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, for example, can a Council deny a variance application and grant the access? Nary: If you can make those finding on the record that you believe that although a variance may not be necessary, but based on the other language that was raised -- I think it's 11-3H-3, it's within your purview -- and a court has to -- has to give great deference to whether that's a reasonable interpretation of your code in relation to the -- in relations to what's being requested in front of you. So, the long answer is probably. Borton: Okay. Madam Mayor? And I will raise the question back to Ms. Nelson and she might be able to comment as well, because one of the concepts that was kind of hit on here was that with regards to one of the variance findings and the hardship, it might appear that the hardship is created by the characteristics of the use of the site and not the characteristics of the site itself and if that were to be fatal to a variance application, you're saying there is still another way? Nelson: Madam Mayor, Council Member Borton, I believe that the code allows you to make both determinations. You could do it without a variance and I believe you can make the findings for the variance and we would ask you to make both. That would make the decision the most defensible. On the site characteristics, the shape of this lot and its location does contribute to what is -- why it creates the flow and the traffic and 64 the congestion that could be relieved by the variance. It's a long site that has a lot of frontage on Chinden. If you don't allow the midpoint accesses, that traffic is forced onto the surrounding roadways that aren't in a position to take it. So, that is -- that is the hardship for the site. The way the city has interpreted this consistently when you have a recommendation from ITD, is that the hardship you have found is that the congestion will be relieved and the traffic will be dispersed. I think that's appropriate here. I think it's defensible. I also think it would be appropriate to make the finding that is allowed under your code that because of the recommendation from ITD you can also modify your access standards. They have jurisdiction over these roadways. Did I answer your question? Anything -- Borton: You did. Meridian City Council Meeting Agenda April 17, 2018 – Page 104 of 491 Meridian City Council April 3, 2018 Page 100 of 128 Nelson: Okay. Borton: You did. Madam Mayor? De Weerd: Mr. Borton. Borton: A question for Mr. Wardle. So, some of the -- or one of the components of the access includes a left-in, which is of unique safety concern and it's temporary and it has a couple of triggers in which it might go away or will go away, right, the three lanes or it becomes a safety concern and we saw the design with it being in with a dedicated left turn and it seems like a matter of time before that gets closed and I'm curious if that is necessary without exception to have at the outset of this, as opposed to two right-in, right-outs in light of the unique -- and we have heard from law enforcement about some of these Chinden accident issues, the left-in gives me some additional concern. Wardle: Madam Mayor, Council Member Borton, let me just comment on that last point. The problem with Chinden right now is you have only got one place to go and that's right up the tail pipe of the car in front of you. You don't have any option to move from lane to lane and disperse that traffic out. So, those accidents occur because of the -- the people that are not paying attention. When I drive it I'm looking at a quarter mile ahead and I'm watching and I'm giving myself space. So, capacity is one great -- great issue. Clearly when ITD expands beyond the five lanes to seven, that left-in will disappear. Now, it's not fatal to the project, because traffic coming -- you have got three different ways of traffic to get to this site and, again, it's a 40 percent split from the east, south, and, then, 20 percent to the west. So, those coming from the west -- it's not a problem getting in and out. It works fine and they can utilize that right-out U-turn to get back to the west. Those coming in from -- the 40 percent coming from the east can 65 make the left turn, which will be a double lane left turn onto Ten Mile and take the access point into the site and that in sim -- simulation showed that, it just didn't, you know, give you a lot of time to focus on it. So, I think everybody in the project team is aware that there will be limitations in the future, but you look at currently our project at Ten Mile and the interchange, there is a right-in, right-out and left-in for the major access point into a very significant employment center. Chances are that will continue. That will -- that will not change. So, there will be some change over time, but in reality it doesn't change the dynamic of the project, because there is sufficient access in and out from all three perspectives, all three directions. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: In summary, the left-in has to stay? I mean is that the position that you're taking at this point? Meridian City Council Meeting Agenda April 17, 2018 – Page 105 of 491 Meridian City Council April 3, 2018 Page 101 of 128 Wardle: At this point? Let's just note that ITD has indicated that it will function from a safety and access perspective. So, the intent is that it stay. It's ITD's call and, obviously, I guess you're getting back to the questions that Ms. Nelson has been addressing on the variance or modification aspect. But certainly the intent is to have that access three quarter as it is right now, right-in, right-out, left-in -- Borton: Okay. Wardle: -- until such time as it has to go away. Thank you. De Weerd: Council, any further information needed? Do you need any information from Public Works on water quality? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, if there ever was a time to keep the public hearing open while Council had a discussion, I think this would be it. Borton: Madam Mayor? De Weerd: Mr. Borton. 66 Borton: One thought that's not really substantive, though, but it's a preference when it gets near midnight is on a particularly complicated project I'm not necessarily in a hurry to try and resolve it tonight, as opposed to a week. I would rather get it done right, than, right now, whatever the decision is and I have pages and pages of notes and comments and wonderful testimony and information, both from the applicant and the public, so I may be inclined to support of -- even if it's just a week continuance to collect thoughts, review everything that we have received today through the hearing. Just a preliminary thought, because it's almost midnight and we have absorbed a lot of good information, so -- Bernt: Madam Mayor? De Weerd: Next week is a -- a workshop, but we could have a special meeting later following that. Oh. Yeah. And I know to the public that is here and the applicant to say you waited until midnight to hear we may continue it, I'm not sure you really want us to -- to make decisions when you're rummy and this is -- this is a -- this is a big deal. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: During one of our breaks I had actually a few people approach me like you Meridian City Council Meeting Agenda April 17, 2018 – Page 106 of 491 Meridian City Council April 3, 2018 Page 102 of 128 guys are doing to make a decision one way or another tonight; right? And in my experience here, you know, typically we have had the discussion and made those decisions. I mean we have had many, many hours to discuss it, plus well over a thousand e-mails that we have reviewed and -- I mean to me I don't know what more information or mulling over at the -- would gain over a week or two weeks on it. De Weerd: I was just giving you options. I only run the meeting. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think the only difference that I would like to see -- especially in considering that, though there are no existing -- with the exception of across Ten Mile and, then, across the state highway, there is no current residences adjacent to the commercial property. Again, with the exception of the big roads in between. But given that there 67 will be even more residences around it, I'm intrigued by the -- the e-mail that we had received that Councilman Bernt had brought up with the different kind of style or façade. So, I -- as much as I hate adding that kind of thing to a -- a development's requirements, I -- I would be in favor of -- of making some kind of requirement to have a different style given that it's -- it is completely surrounded by residences and I think it would fit better than -- I love warehouse style buildings, I wish we would build our schools that way, but I think the -- the different look would be a more appropriate use for this particular situation. So, I am in favor of the project and would like to make a decision tonight, but I do think it would be appropriate to include that caveat. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just because I don't want to pass up an opportunity to let Council Member Palmer to tell a private business how to function, I'm curious as to your thoughts on what you would like to see and how a building would look. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Well, the first one especially that was shown there with the -- I mean glass always looks great, but I don't -- I don't want to outline exactly, okay, here is how you're going to make it look, but I -- I -- I don't even know how to word, you know, in a motion to -- to elevate, you know, the -- the appearance of -- of it. I mean I think they look good as they are, but there is an opportunity -- apparently they have done it before and I mean I don't know if it needs to go that far, but it's something at least in between what we generally know as a Costco and this or even as far as this would be great. Meridian City Council Meeting Agenda April 17, 2018 – Page 107 of 491 Meridian City Council April 3, 2018 Page 103 of 128 De Weerd: Sonya. Allen: Madam Mayor. De Weerd: Do you have any comments -- I guess maybe Mr. Wardle might. Because I -- I know in -- in the UDC and design review you don't have a whole lot of guidance in -- in a proposal like this and making it more friendly in a residential setting. Or do you? Allen: Madam Mayor, Members of the Council, we -- they will have to comply with the design standards in the architectural standards manual that requires modulation, articulation of the buildings, a certain amount of windows, but I would suggest if there is 68 a building -- a Costco building in another town that -- like was referenced earlier, that you guys are liking the design of, possibly, with their agreement, we may build a -- like approve a -- like concept elevation like that, so they come back with some of those same design concepts. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: If I could just maybe add something that might help in your determination. Costco would be willing to make the design review process an item that would come back to the Council. Certainly they would be working with staff with some innovative designs to -- that would fit some of the profile elements that Mr. Whelan talked about earlier, but they would be willing to make this not just a staff level consideration, but a Council consideration. Palmer: Have we ever done that? Can we do that? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Maybe a question for Mr. Whelan from Costco. I mean just given like worst case scenario in regard to this design review, since you have done this in other locations, specifically, you know, the one in Washington and the one in California, would you be willing to do something similar to that in -- in this proposed development? Whelan: Well, I think what -- what we would like to do is we have lots of examples, so, you know, we are not exactly enamored with either one of those on their face, but certainly what -- and what we typically do with communities when they have an architecture requirement is we come in with a catalog of, you know, there is 20 Costcos, what kind of cues do you like here and, then, we go from there. So -- so, yes, I mean we can -- we can take one of those and do cues, but I think -- I think you guys would probably -- personally I think we have done more interesting things. I think you would -- you would enjoy and benefit from seeing a larger catalog of what we may be able -- Meridian City Council Meeting Agenda April 17, 2018 – Page 108 of 491 Meridian City Council April 3, 2018 Page 104 of 128 Bernt: Sure. Whelan: -- to do and -- and, then, consequently building off of that. 69 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And like you mentioned, this building is a lot taller than the other one and I'm not sure that that's really going to appease the neighbors throwing in something that's going to be a lot taller. So, maybe you have something that looks much nicer than your standard warehouse that's not really tall. Whelan: Yeah. I mean I just finished up a deal in Dallas, Texas, where they wanted a modern building. I think it looks really cool, you know. Milam: A what building? Whelan: A modern type building. Milam: Yeah. That's what I was thinking. Whelan: So -- I mean -- so I think just with two examples, you know, we can do a lot better in terms of giving you a -- a palette that you might be able to -- to go off of and they would be true Costcos. I think that that process always works best. You know, sit down, you know, here is what we have done in the past, what do you like about this, what don't you like about that, and, then, we try to, you know, modify it for the situation here. Where signs go is different all over -- you know, it's just -- each -- each site has its own characteristics to dictate what the right thing is. Allen: Madam Mayor, if I may? Design review is a staff level administrative application. If Mayor and Council decides to go the route you're discussing, I might recommend that you do require a development agreement modification to update the elevations and, then, that way they go through a public hearing process and back through Council. The only reason design review would technically go before Council is if staff would deny the application and the applicant were to request Council review of the decision. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: What would that -- what was that -- that wording again, Sonya? I apologize. The development agreement modification -- Meridian City Council Meeting Agenda April 17, 2018 – Page 109 of 491 Meridian City Council April 3, 2018 Page 105 of 128 Allen: I was just saying an option would be -- if you guys are wanting to see the 70 elevations again -- is to require that the development agreement be modified when the Costco goes in for permits prior to CZC submittal, that they come in and modify the DA to include new concept elevations. Wardle: Madam Mayor, I'd like to just ask a clarification from Sonya. I guess what we did was we clouded the issue by the -- the examples that we provided and so I guess Sonya -- correct me if I'm wrong -- you're saying that those are in the record to change those, then we would -- we would modify the development agreement, which has not yet been executed, to come back with concepts that would, then, be reviewed and they would have to come back to the Council for that modification. Allen: Madam Mayor, that is correct, but our city code does allow for a modification to the agreement before the agreement is signed also. Wardle: Okay. Allen: So, that would be -- that would probably be the best alternative. Be the quickest for the applicant. Wardle: And, Madam Mayor, that would go back into what we had suggested earlier, that if we had a development agreement that was specific to the commercial, one to the multi-family and one of the single family, so that we don't end up having to bring all three parties back to the table, that would -- we -- I think we would be in agreement with that. That could be done again before execution of the initial development agreement or thereafter, so -- Allen: Yeah. Madam Mayor, Council, I neglected to address the applicant's letter. What Mike was just talking about. He did ask for development agreement provision number 1.1A-6 be deleted and staff is okay with that request, as well as to separate the development agreements for the C-G and the R-40 zoned properties, since staff is in agreement with what he's requested also on that. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: This is kind of some of the tricky stuff that happens this late in the game. As much as I would love to try and resolve it, but -- so, one of the challenges that just comes to mind with that concept is you have a development agreement with elevations like this -- this that's approved and a modification is required to come back with different elevations and different elevations come back and the Council says, no, and the applicant says, okay, we will build what's in the original development application which is before us, which is where we are right now. So, that process is a circle that doesn't get you anywhere. 71 Meridian City Council Meeting Agenda April 17, 2018 – Page 110 of 491 Meridian City Council April 3, 2018 Page 106 of 128 Allen: Madam Mayor, Council, to a degree I agree with that, but at the same time if you're requesting them to amend their elevations, even if you deny the elevations they bring back, they are still going to be required to amend those elevations. Do something that's approved by Council. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, maybe I could help. Councilman Borton, we have -- have had previous development agreements that did have elevations and in the development agreement it said these are concept elevations and the applicant is required to bring the actual elevations to Council with a DA modification before they can receive a building permit. So, they don't have the right to build what's in front of you. All this -- all the document, the DA, would say is you have a general idea it's going to be a box, but what the box looks like they are going to have to bring it back to you. So, they won't be able to, then, just build what's on the paper, the requirement in the DA is they have to bring back what they are actually going to build and have that actually approved. So, we have done that before and been able to have the -- that come back successfully. We did -- we have done that instead, because many years ago we would take out all the elevations and, then, require them to bring it back. But that became very confusing, because sometimes there wasn't the same Council Members sitting here. So, it's just a general idea that that's what's going to be -- it's going to be a large box store, but they would have to bring back the specific ones for specific approval with a DA modification. Allen: And, Madam Mayor, Council, if I may add to what Mr. Nary said, if you don't like these elevations don't include them in the development agreement, just required them to modify the agreement to include elevations that you approve. They don't need to even be included. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: In light of this new information regard to elevations and density in regard to apartments and a lot of questions that are raised, with that said, I respect your time and I understand your concern. I mean we are all here, it's past midnight and we all have a vested interest in making a prudent decision, I would be in favor of what Mr. Borton said earlier in regard to just extending this one week just so that we can make the right 72 decision. I know you guys want decisions tonight and I -- and you wouldn't be here still if you didn't. Someone got a call earlier wanting to know if -- what the decision was and he left. So, I know it's a big deal. And so I would -- in lighted of that, I would -- I would propose just one more week, so we can get the information, the elevations, get different pictures from Costco -- I'm sure you have a bunch of different looks that we could look at and -- and check out and then -- and, then, make a decision in a week. That would be my decision. I would support that. Meridian City Council Meeting Agenda April 17, 2018 – Page 111 of 491 Meridian City Council April 3, 2018 Page 107 of 128 Cavener: A motion is always in order. De Weerd: Any other discussion or not? Cavener: Madam Mayor? Madam Mayor? De Weerd: Mr. Cavener. Cavener: I appreciate Council Member Bernt's comments. I guess I would want to ask the applicant if they would be able to provide some of those elevations to us in the span of seven days. I know Council Member Palmer likes to ask private business to change how they operate, but I will ask tonight. Whelan: Yes. Nary: Madam Mayor? Whelan: I mean certainly we can -- Nary: Madam Mayor, could I interject before we have that answer? We have advertised this hearing with these elevations, so I'm more concerned that we picked different pictures and now make that part of the record when no one's had any opportunity to review it or look at it or comment on it. So, I'm a little more concerned with doing that. If you -- if you did what we were suggesting, which is make that a requirement for -- if the decision is to approve it with the elevations to be determined later at another public hearing that people can, then, comment on, that gives me more comfort than changing that with a one week notice and, then, have -- unless you're willing to hear comment on those as well, that would be my only concern is you want to leave the public hearing open and allow everyone to comment on that, then, I think will be okay. But I wasn't sure if that's where you were going before -- before Mr. Whelan got up to speak. So, that would be my concern is if you're going to do that, that we probably need to make sure that people have an opportunity to comment and one week 73 may not be enough if that's your desire. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I would rather maybe just see some examples, but leave it just with no pictures and things at this point, because I think that we have got the experts here that are going to have an opportunity to come back if we get to that point, rather than us saying we are picking something. So, I would just rather that we recommend that there -- they bring it back to us at a later date if we get to that point. Wardle: Madam Mayor, Members of the Council, just to clarify what Council Member Roberts just said, that you're basically agreeing with staff that you can simply indicate Meridian City Council Meeting Agenda April 17, 2018 – Page 112 of 491 Meridian City Council April 3, 2018 Page 108 of 128 that the -- we are required to bring back something for modification of the development agreement in the future, which is a Council action. We would concur with that. It solves the problem of not getting into -- because we start looking at a lot of elevations -- there are at least seven different opinions that would be expressed and it could take some time to get there. Probably not within a week or maybe even two. So, the modification of the development agreement is probably the better process, because it, then, creates another public hearing for people to actually address the issue, rather than continuing it and muddying the waters with what we have already done. So, we would ask that you make the decision based on what you have and make it a requirement for modification and as I think legal counsel suggested, you could even say that these are not approved, bring us back something in a development agreement modification. Thank you. De Weerd: It sounds like there is a number of different things, so it's not just the look of the Costco, it's the apartments, it's pedestrian crossings, and -- so, I don't know if Council is -- is at a point where you want to make a decision tonight or -- or continue it and -- but continue it, suggesting to the applicant what you're looking for. What additional information you might need. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think when it comes to the apartments, they are, you know, consistent elevations with many apartments that we have seen and they go through the design review process. It's the warehouse look that really we are hearing a lot of concern 74 about and so, you know, given the size and the situation I think that it would be an appropriate adjustment to our usual process to be able to -- or to go through what's been suggested with the requirement to come back for a DA modification. Everything else being consistent and appropriate. If -- I feel comfortable in -- in making that decision and moving forward with that tonight, but I think it would get awkward to -- to either close the public hearing and -- or -- and continue it or continue it open and, then, you know, we have another round of comments in between and then, of course, the applicant would have close opportunity. So, I want to hear from everybody else whether -- I mean we have heard a couple comments about continuing it, but I think during the discussion it would be good to have an idea how -- about my goal as to whether to continue to make a decision tonight before we decide to continue it or -- or close the public hearing. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'm supportive of either us making a decision this evening or continuing it for a week. I -- though if we want to continue it for another week I think it's important to leave the public hearing open, allow public the opportunity to provide additional information or Meridian City Council Meeting Agenda April 17, 2018 – Page 113 of 491 Meridian City Council April 3, 2018 Page 109 of 128 the applicant to provide any additional information, so if we want to continue it for another week I believe we should leave the public hearing open. Allen: Madam Mayor, Council, if I may, I would strongly recommend that if the project is continued that it's continued for more than a week. We really need -- if revised plans come in we really need them with adequate time before the next hearing that the public has a chance to review them, staff has a chance to review them and comment. Right now we are sitting at Tuesday. I mean we would need something back at a minimum in two days and I really don't think that's going to happen with the applicant. Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Rough time frame on -- on that turnaround? Allen: Well, the applicant already suggested that a month was okay with them, did you not? Excuse me. 75 Palmer: They want five minutes. Wardle: Madam Mayor, Members of the Council, no, I don't think we said that there was a month leeway. I think what we have concluded is that there is really no new information to be provided, with the exception that we have elevations that are clearly not those that will be constructed. So, make the development agreement requirement for those to be provided through a subsequent Council hearing action. But we would -- there is no new information that we would provide that would -- that would expedite the process any better than that. Clearly a month doesn't do anything, because, then, it opens up -- it just continues on and on, because now there is a new round of conversation and we think there has been sufficient conversation. In spite of the fact that it's extremely late. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Did you say there were other changes that we needed to contemplate tonight? My brain isn't working very good. I'm forgetting things now. But I could go either way as well. I don't -- that's why I'm asking. Do you remember? De Weerd: No. I was just bringing up some of the conversations on -- on different elements in -- in the application itself. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council Meeting Agenda April 17, 2018 – Page 114 of 491 Meridian City Council April 3, 2018 Page 110 of 128 Bernt: I -- you know, I guess my concern earlier was just to make a good decision, a prudent decision, and -- and one of the concerns I had was the elevation and the look of Costco. If the applicant is -- if it's okay with legal and staff and we feel comfortable with making a decision tonight and with a modification revision so we can review the elevation at a -- at a future time with that in mind, I think that I could -- I could be okay with -- with that, because, you know, the protection that it offers in this decision, so -- Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I agree with Councilman Bernt. I do have a question. Do we need to 76 make the same comment regarding the photos of the apartments? De Weerd: I guess they did mention it comes back through a CUP and -- Little Roberts: Thank you. De Weerd: -- I guess in that CUP the cross -- the crosswalk markings and -- and how that would connect would be part of that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: There are several people with their hands up right now. I don't know if -- De Weerd: Well, if you want to open it up to public testimony after you have pretty much had the rebuttal from the applicant, I -- I will open this to Council's desire. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: People are here. De Weerd: We are here. Cavener: We are here. They are here after midnight. If they have got -- if the -- I guess, Madam Mayor, I would ask if the Council is supportive, if it's new information to add that hasn't already been covered or if it -- my assumption is there is some clarifying questions, I'm supportive under those narrow sideboards and, then, still giving the applicant the last opportunity to come back up and speak. Meridian City Council Meeting Agenda April 17, 2018 – Page 115 of 491 Meridian City Council April 3, 2018 Page 111 of 128 De Weerd: Well, they always have to have the last word, so -- we will just start on this side and work over. And if you will keep your remarks very short that would be awesome. If you will state your name and address for the record. Curvey: My name is Les Curvey. 6808 North Topaz Jewel Place, Meridian. 83646. De Weerd: Thank you. Curvey: Madam Mayor and Council Members, I have a question. After listening to 77 everything that took place for the last seven hours, five hours, something like that, how we got fixated on what a Costco is going to look like. That is not the issue. De Weerd: Sir, this was clarifying questions, not new testimony, please. Curvey: Clarifying questions. Okay. I'm sorry. The clarifying question is how did you get fixated on the look of a Costco versus the Comprehensive Plan. That is not part of the Comprehensive Plan. De Weerd: Thank you. Curvey: That's my question. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, maybe Caleb could give us kind of a breakdown of what the Comprehensive Plan -- it's -- whether it's a guide or a constitution. A living document or what is it. And -- and some -- maybe some background on -- on -- De Weerd: I think that's a leading question. Palmer: Absolutely. De Weerd: Okay. Palmer: But he will know better than me. De Weerd: I -- Palmer: Or not. De Weerd: Do you want to be a little bit more specific in what you would like him to answer. Meridian City Council Meeting Agenda April 17, 2018 – Page 116 of 491 Meridian City Council April 3, 2018 Page 112 of 128 Palmer: Do we -- is the Comprehensive Plan a guide or is it hard and fast this is what it is and we can't move from it, and maybe some history on what the Council has done in the past. I have only been here two years. What Council has one in the past with 78 regard to how big of changes are made and when those decisions have been appropriate. Hood: So, Madam Mayor, I will be brief. I probably won't touch the last one so much with a history of what past Councils have done, but just -- the Comprehensive Plan is a guide. It's a state required document, but there are a lot of subjective elements within the plan itself. It is formulated by the community members, adopted and enforced, but it is at your discretion to interpret and apply the Comprehensive Plan. The applicant has applied to amend the map, which is a portion of the Comprehensive Plan, because that is -- although it's not parcel specific, it is pretty explicit in those land use designations and they are going from one to another. But, again, just throughout the plan there are a lot of -- there is required elements in the plan, but how you interpret them and apply them, there is a lot of leeway there and that is your charge and the Planning and Zoning Commission has a lot of state required duties as well. But, basically, again, your discretion there. If that helps. It's not regulatory. It's not code. But it does guide growth and development. So, hopefully, that helps. Johns: First of all, I think that a Comprehensive Plan -- De Weerd: Tammie, can you restate your name and address -- Johns: Tammie Johns. 3508 West Star Hollow Road. De Weerd: Thank you. Johns: Spurwing. I would think that a Comprehensive Plan would be required by the state to help protect us as citizens. Would you agree with me on that? And also I -- I want to rebut something that this gentleman from Costco said. He showed you a picture of the Lehi Costco. I have been there many times. He showed you homes behind the Costco. What he didn't show you on the other side was that there is a Walmart. There is a large big box store. There -- a department store. A Gordman's. There is Sonic. There is Chili's. There is -- on both sides of the street that whole thing is the most -- is the busiest part of that town -- De Weerd: Okay. We are just trying to get clarifying -- Johns: Okay. Well, I -- I wanted to clarify that, because he made that look like that was a residential thing. The other thing, too, is that those residents -- he kept saying they built afterwards. We built before. I really think -- we have spent so much time considering what these guys have said after all of us got up and expressed our feelings about this and, then, I feel like all of the time was given to consider what these guys want to do as far as design. I agree with the other gentleman on that. I would appreciate some more thought on us and I think that this should be tabled and I think Meridian City Council Meeting Agenda April 17, 2018 – Page 117 of 491 79 Meridian City Council April 3, 2018 Page 113 of 128 that more thought should be given to it, because you have had so much time to be influenced by this after we have spent all of our evening trying to express our feelings and I don't think that's fair. Thank you. De Weerd: Thank you. Meuret: Michael Meuret. Office address 1210 East Fairview Avenue, Meridian, Idaho. De Weerd: Thank you. Meuret: Thank you, Madam Mayor, Council. I just -- my question is -- or clarification -- this is just a decision on rezoning; right? This project and approving it or not. Not necessarily the design and couldn't we, like everyone has said, just make every other approval subject to your guys' decisions at a future date. I mean, really, the matter at hand is do we want this zoned for a big box or little box. De Weerd: Thank you. Meuret: Thank you. De Weerd: Yes, sir. Good evening. Southam: Madam Mayor, Council, my name is Lynn Southam. I live at 6408 North Salvia Way, Meridian. Spurwing Greens. I'm intrigued by what's happened here tonight, by what's been said and what has not been said. All of the citizens of Spurwing Greens spoke in favor of you denying this application and yet this last hour or so, as you have already heard, has been devoted to design, as if you have already made the decision to not listen to the people about the de-evaluation of their homes, about the issues of safety, both traffic and pedestrian, about the issue of children and their safety in that area. All of those things none of you have even asked about it. None of you have commented on it. All you have done is resisted all of our efforts to tell you we are people who believed Brighton when they said there would be no development in that area or they failed to tell us. No one has talked about the legal liabilities of Brighton for that deceit. No one has talked about the possible tort liabilities of this city when you approve a road design and accidents start to increase on those sections when you have that crazy U-turn format outlined on Ten Mile and Chinden. There will be suits brought against the people who made the decision. And I know the city can say no problem, we will just pay for it out of tax money. So, it doesn't cost you anything. But the reality is we are the people who selected you to represent us. Costco didn't do that. And when this is all said and done, you have already made the decision to approve it, evidenced by what you have been saying, the reality is when they walk away and they have the 80 approval, they can smile, but we won't and Brighton will be embarrassed that their name has been shamed. It's unfortunate that you have not heard us tonight. I would hope you understand that this has not been a casual thing on our part. We feel strong about where we live. We came to the city with a purpose. You have had a great reputation in Meridian City Council Meeting Agenda April 17, 2018 – Page 118 of 491 Meridian City Council April 3, 2018 Page 114 of 128 the past. I wish your decision would reflect that you still value what the people think. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Mr. Southam -- De Weerd: Please. Palmer: -- I got a question for you. Would you expect us to only consider the comments made in the room today or the thousand plus e-mails that we received? Southam: Absolutely I want you to consider those e-mails and I want you to consider the testimony of the Planning and Zoning Commission. I want you to consider everything that the people have brought down here, because I will tell you, as you know, because you have read them, they way outnumber those who are in favor of Costco and you would not be telling me the truth if you said otherwise. You know that and I know that. Palmer: Madam Mayor? And, C.Jay, do we have any statistics about the e-mails that we received as -- Milam: Madam Mayor? I can't remember. Did you have the numbers? Coles: Madam Mayor, Members of the Council, Council Member Palmer, I don't have an exact number of -- for and against. It depends on what the -- at what point in time, what snapshot in time you -- you would have liked me to have taken it. However, the applicant did provide to the city this morning a snapshot of that and an analysis of that that does give a number. It's in your packet. Of numbers for and against, both before the Planning and Zoning Commission meeting and after the Planning and Zoning Commission meeting. So, that is in the public record and in your packet that does show how many for, how many against, at a certain snapshot in time, which was yesterday, I believe. 81 Southam: And all of the petitions that have been signed in the last week or two, circulated throughout those two neighborhoods. There has never been a public meeting held in those communities where people have come together and said, yea, we are for Costco. What we have all said is we like Costco, we all -- most of us have Costco memberships. We drive to Nampa. We have suggested, since Brighton already owns the property at Highway 16 and Chinden, why not move it down there. It's just another couple of miles. There are no houses there. They could do that if they wanted. They make money either way, whether they sell that property or the property at Ten Mile and Chinden. It makes no difference to them -- Meridian City Council Meeting Agenda April 17, 2018 – Page 119 of 491 Meridian City Council April 3, 2018 Page 115 of 128 De Weerd: Sir, I'm sorry, I don't mean to cut you off. It is late and I think we heard your message. Southam: I hope so. I hope your vote -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: This is not just to you, this is to all of you. I just want you to know that you may -- we may look like we are just sitting here and not listening to you, but we are listening to every word and it -- it's touching our hearts. Okay? We do this every week and these are very, very difficult decisions; right? And every time there is an application for the most part, there is a group of people who don't want it and we have to weigh out what is better for this situation and we hear you and it's painful to think that you are going to have to live in that or it's going to make you unhappy. That's not what we want to do. But this is a state highway. This is the type of location that a business like this belongs. It is a state highway. This is not an arterial road. So, I -- Southam: None of us -- Milam: -- apologize -- Southam: None of us are objecting to the state highway argument. Milam: You know, this is the type of location. The Comprehensive Plan is a working document -- 82 Southam: Yes. Milam: -- and we are actually in the process of changing it. It was ten years old that -- you know, the last time it was done and we are -- we are going to redo it. But ten years ago no -- none of us had a crystal ball to see how the population was going to grow and what direction and at the -- at the fast pace that it's growing at. So, things change and this isn't something that we are trying to do to somebody or shove it down their -- this is not our project, but we have to look at the project and property owners do have rights. We have -- let me tell you -- there is one more thing I want to say. There is three things since I have been on City Council -- this is my fifth years. The schools are overcrowded. So, if we had -- if we were building a bunch of houses, this room would be full of people saying the schools can't handle it. This is what we get every week. The schools are too crowded. The roads are too crowded. And when is Costco coming. Those are the three top issues that -- over the last almost five years that have come to me. So, it's not that we don't hear you. I just want you to know that. Southam: We appreciate -- Meridian City Council Meeting Agenda April 17, 2018 – Page 120 of 491 Meridian City Council April 3, 2018 Page 116 of 128 Milam: And we feel and we -- and we feel and love for you. Southam: We appreciate it. I have been before this Council three times and I will simply say this: We agree this is a state road and it needs to be on a state road. But just put it down the road two miles where there are no houses and no children to run over and no intersections where you're going to have people doing crazy U-turns. We just want you to remember what the people think. Thank you. Carroll: Andrea Carroll. Madam Mayor, Commissioner Borton, I want to address the issue that you brought up regarding the UDC alternative to the variance. I'm going to read from the State Code, because -- thank you. I'm going to read to you State Code 67-6516. It's the part of State Code part of LUPA that grants the city the authority to grant a variance and so I would -- I would argue that to the extent that your code says anything it has to comply with this and this is what State Code says. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest. Only -- I respect your authority to draft your code, but it has to be interpreted in compliance with State Code. You have been granted authority through this provision of State Code to grant a variance. Whatever language is in your city code has to be interpreted consistent with that and I would argue that to you tonight. I would argue that to a court. Secondly, with regard to your comp plan, there is a question, Commissioner Palmer, that you asked with -- you know, 83 is this a guide, is this -- and it's often said that a comp plan is not code and that is absolutely correct. It's a different procedure. However, there is a huge difference to the weight that is given to a comp plan in unannexed versus annexed land, because once you have an annex land there is an entitlement -- the developer has an entitlement, has a takings claim if you make -- you know, a lot of these decisions you have talked about -- oh, we can address that in the CUP, we can address that in the design review, we can address that in the DA modification. You grant these permits tonight, they have an entitlement. They have no entitlement now. They have no entitlement. You put yourselves in an inferior position defending yourselves in court if there is a future denial of a CUP if there is a condition in that CUP or the design review or the DA modification that later on down the road the developer doesn't want to go along. They are super compliant now, but what if that changes, what if the Council changes, what if the -- the vision of what the Council wants to see changes with the leadership changing. You have put yourselves -- you have put the City of Meridian in an inferior position legally in court by granting this entitlement tonight. Don't make that decision on half the project until you have all of the information and don't grant a variance without a very concrete finding of an undue hardship, because it doesn't exist here. Being next to Chinden is not an undue hardship. A smaller, more moderate development would be perfectly able to take access from a different route. Thank you. De Weerd: I just have a -- Carroll: Yes. Meridian City Council Meeting Agenda April 17, 2018 – Page 121 of 491 Meridian City Council April 3, 2018 Page 117 of 128 De Weerd: -- question for you. If you look at that map, the access to Chinden actually keeps the commercial traffic out of the neighborhood. So, you're suggesting to not grant that? Carroll: I'm suggesting to not be so limited in what your vision as to this site that it has to have a Costco on it. There are a lot of other types of developments that would function here very adequately and that sort of the need -- that's the sort of the nature of is this hardship use driven or is it based on the characteristics of the site, because if you talk about another use, other than Costco, all of a sudden your possibilities of what to do with the site become a lot broader and -- De Weerd: I think even if it's -- if it's not Costco, if it's a mixed use retail office it would still be driven through the neighborhood. Carroll: I appreciate that perspective. I think that there -- that the people that you have heard from tonight would beg to disagree that there are more moderate -- moderately 84 impacting developments that would not require the direct access to Chinden and would impact the surrounding neighborhoods a lot less and be a lot more complementary to what's already there. Thank you. Cavener: Madam Mayor? A request before we invite anybody else up. I think that Council discussed keeping this testimony limited in scope and asking clarifying questions. Despite some of the testimony that we just heard I think this Council has been listening intentively to the public for the past few hours and I think us allowing the public to come up to ask some clarifying questions why -- I don't think we have had one asked yet. My request would be to the public if you're coming up to provide additional testimony, please, keep it limited in scope and ask these clarifying questions, which is why we have open the door to allow additional testimony. Dunlap: Getting to old for this. De Weerd: Those are comfortable chairs. What are you talking about. Dunlap: I will bring a cushion next time. My name is Mike Dunlap. 5256 North Cougar Flat Court, Meridian. 83646. The only thing I want to say is you need to give these people a decision. De Weerd: We need clarifying questions. Dunlap: Well, the question is if you don't give them a decision pretty quick, they are not going to be here. De Weerd: Okay. Dunlap: And the man behind me, which I really don't know him, the developer, he will be in here next to put apartments in there, five to seven hundred units. Think about it. Meridian City Council Meeting Agenda April 17, 2018 – Page 122 of 491 Meridian City Council April 3, 2018 Page 118 of 128 De Weerd: If we will keep it to clarifying questions, please. Jacobs: I will be real -- I will be real brief. Dave Jacobs. 4276 West Ladle Rapids. Should this go through -- and I think I see the winds of change, guys. Is there a way that we can limit public access to those neighborhoods? We are really concerned -- like this gentleman over here with the small kids, I don't know if you want to call them guard gates or something on either side of Vanderbilt and -- you know what I mean? A gate. I can't even think anymore. Sorry, guys. But do you understand what I mean? Can we limit public access of getting through the neighborhoods with a gate or something? I 85 don't know if that's something that Brighton wants to do or Costco would help out with, but they are really concerned about the safety of the neighborhood. De Weerd: That's a good clarifying question. Thank you. Jacobs: So, that's it. I'm out. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: If I understand right, I think that would require the subdivision purchasing the infrastructure from ACHD and making it a private road. So, right now they are public. They are publicly maintained and they are publicly accessible. Jacobs: Just a thought. Palmer: You can buy them. That's it. De Weerd: Okay. Mr. Neufeld. Neufeld: Madam Mayor, Members of the Council, Robert Neufeld. 3756 West Snow Cherry Court in Meridian. De Weerd: Thank you. Neufeld: I know the hour is late. My question is why can't somebody on this City Council make a motion to do something, except sit here and talk. Now is that against the law that you cannot do that? I have heard several people up here talk about an idea that I think the great majority of people in the audience would support and that's a continuance. I would support a continuance and I don't care if it's ten days, 30 days or 60 days, I think the majority of the people say you guys are tired, we are tired, I do not want you to make a decision tonight based upon the fact that the hour is late and it's time to go home. I want you to continue this process. But, secondly, I want you to Meridian City Council Meeting Agenda April 17, 2018 – Page 123 of 491 Meridian City Council April 3, 2018 Page 119 of 128 answer the question. Why can't somebody up here make a motion to do something, instead of sit here and talk. Milam: Madam Mayor, I can answer that question. 86 De Weerd: Mrs. Milam. Milam: Sir, the reason nobody's made a motion is because we were getting close to that point and a whole bunch of hands out there went up and so we agreed to allow some additional questions and that's why a motion has not been made. Neufeld: No. I understand that. But there -- there have been plenty of opportunities, Council Member Milam, to make a motion. I have heard several people talk -- De Weerd: Mr. Neufeld -- Neufeld: I have heard several people talk -- it's late. De Weerd: Mr. Neufeld, if we can not get into this debate. Neufeld: Okay. All I want is for somebody to make a decision. Okay? De Weerd: Okay. Thank you for your question. Mr. Reyes. Yes. Reyes: I want to thank you all. David Reyes. 5781 North Joy Avenue, Meridian, Idaho. 83646-021529247818486807287041907. Right. Thank you for your patience in sitting here so long and listening to our testimony, listening to all of our comments. I have two clarifying questions. The first is -- in the traffic impact study, which was the initial artifact that started way back when at the beginning of this process, was the additional traffic that will be generated through the neighborhood by the new church that's going in on Chinden taken into account? That's my first question. My second question is prior to the initial neighborhood meeting about this project, why wasn't the public consulted initially about this project and asked for opinion -- asked for input and I don't say that as a controversial -- I'm not interested in sparking controversy or another argument, whatever. The reason I asked that is because I attended the second meeting and in my personal opinion what was presented there was basically a sales pitch like this is a done deal. We were not asked how do you feel about a Costco in your backyard. Those are my two questions. De Weerd: Thank you. You're next. Denison: Kevin Denison. 3246 West Salix Drive, Meridian. So, in regards to Mr. Wardle -- and he brought up two different Costcos, one in Kentucky and one in Lehi. I'm going to reiterate what that woman said. He did not show you the backside of either one of those. I would implore you to look at those. The one in Lehi has about 75 percent of commercial around it, but he slide that one by as fast as he could. The Meridian City Council Meeting Agenda April 17, 2018 – Page 124 of 491 87 Meridian City Council April 3, 2018 Page 120 of 128 Comprehensive Plan, you guys wrote it, you spent taxpayer money to build it, time and effort, you put a lot of thought into it as what this city should be. Okay. So, my question is -- here is the map that was approved in this plan on September of 2017. So, my question to you, Council Woman Milam, is what has changed. You asked the question. I'm asking you what has changed in seven months. De Weerd: Okay. Thank you for your question. Denison: And I can tell you what has changed. Costco came to Brighton and Brighton could have said no. De Weerd: And you will follow this gentleman. Battaglia: Michael Battaglia. From 4212 West Wolf Rapids Drive in Meridian. De Weerd: Thank you. Battaglia: I want to ask the traffic engineer if they can show me where any traffic counts -- total traffic counts that -- well, at all the intersections that they had studied in the proposed development, where they indicate any traffic coming out of the Bainbridge Subdivision onto Lost Rapids Street. There are no -- all the intersection drawings go straight down Lost Rapids or Tree Farm, but they do not show any traffic coming out from Bainbridge to interact with the traffic that they proposed that's going to be on these streets. There is no information there with regard to any traffic coming out of Bainbridge Subdivision onto Lost Rapids or Tree Farm, either existing or proposed. That's it. De Weerd: Thank you. This gentleman in the front. The second row I mean. Burke: Mayor Tammy and Council, thanks for letting me have an opportunity. My question is, Mayor, how did you -- De Weerd: Could you state your name. I'm sorry. Burke: My name is Rick Burke at -- De Weerd: Thank you. Burke: -- 6092 North Santa Rita, Meridian. 83646. De Weerd: Thank you. 88 Burke: Anyway, Mayor, I'm concerned and I'm wondering how you let us get off track by moving the discussion to the facade or the appearance of the structure, as opposed to the questions -- the underlying questions whether we are going to approve or disapprove the building of a warehouse out at Ten Mile and Chinden. Also it appears that there is at least a couple of folks on the Council, through their body language and Meridian City Council Meeting Agenda April 17, 2018 – Page 125 of 491 Meridian City Council April 3, 2018 Page 121 of 128 questions, that they have already made a decision. At this late hour, you know, rummy or not, I think you should be able to make a decision. This is what we have elected you to do. Mayor, I think it's time. Thank you. De Weerd: Mr. Rock. Rock: Bob Rock. 4090 West Lost Rapids Drive. I think. Based on my wife's last text I might not be there anymore. Listen, I -- I guess we could go tit for tat all night long on this. I could probably bring up several clarifying questions. Just an observation. You can shut me down, but you all are so darn tired I don't know how you can make a decision one way or the other and be confident that it's going to be a good decision. That's not a knock on you. I wouldn't expect anything else. I'm teaching a class in six hours. I'm sure a lot of you have things you're going to be doing at about that time, the same time frame. But to the last gentleman's comment, I think it's time to make a decision and we may be already in a situation where you have to have a rebuttal and, then, you have to have more conversation and the right decision is probably to put this off, but I want you all to make the right decision. I hope it's the decision that most of us want, but whatever it is I want it to be the right decision, made for the right reasons and not because you're so damn tired you can't stay awake anymore. Sorry. That's all I have to say. De Weerd: Mr. Wardle. Wardle: Mike Wardle. Still at 12601 West Explorer Drive in Boise. De Weerd: You haven't got a different text? Wardle: No. Some very brief comments and I am going to have Andy get up on address two of the questions that came with regard to the traffic impact study. The first comment on the Comprehensive Plan is which version is the community comfortable with. The original one that showed that there was the most intense uses anticipated in the city being on the property. Was it the iteration that didn't have anything. Is it the current iteration that certainly proposed commercial potentially on the site. Secondly, if you erase Costco from the site and you had -- oops. I didn't touch anything. But -- but if 89 Costco were erased and the other sometimes referred to as boutique type uses were there, they are still a draw. There is still the traffic. It doesn't change. So, it doesn't go back to just the quiet little neighborhood. With regard to consideration -- so, Mayor, you hit this a little bit ago. You noted that it has to come back for a conditional use permit and at that point questions of safety and access and so forth get to be addressed. But it's even more than that. In the case of the Bainbridge North portion west of Costco, that has to come back through a PUD and preliminary plat. So, all issues of access and safety, pedestrian crossings and so forth, get covered there and interconnectivity within the rest of the site. Same thing happens with the R-40. Conditional use permit. Public hearings and so forth. Deb, do you want to speak just briefly about the variance or modification process and, then, Andy can conclude with the TIS. Meridian City Council Meeting Agenda April 17, 2018 – Page 126 of 491 Meridian City Council April 3, 2018 Page 122 of 128 Nelson: Very briefly. Deborah Nelson. 601 West Bannock in Boise. Your city ordinance on variance does comply with state statute. It has the same criteria that is there. It's also not the only way that you can find an exception in your own code to your access standards. You have other options and you are not mandated to this one. That's all I have. Daleiden: Andy Daleiden. Kittelson and Associates. Address 101 South Capital Boulevard, Boise, Idaho. 83702. One of the questions was did the traffic impact study include the new church that is located just to the northwest of here in the analysis. That came after all the assumptions were developed associated with development of the traffic study last summer. So, that -- that church was not -- not included in the analysis, but it is, essentially, accounted for with background growth that's in the traffic study. Additionally, the church traffic impact study has included the anticipated development traffic with -- with this project, as well as other in-process developments that are kind of pending. So, it's one of those things, which one is kind of moving along in process first and this traffic impact study for this development was ahead of that one and so that's how the assumptions were built. Second related to the traffic counts that were collected, we did counts at Tree Farm Way and Chinden and we did counts at Ten Mile Road and Lost Rapids Drive. As noted in the testimony, we did not collect counts at the local street there, but those two intersections that we -- on either hand include the traffic associated with what's going in and out of the residential. It's very low. It's not a high volume today. And as part of the analysis when you looked out into 2020 -- 40 -- or 2024, I'm sorry, the traffic volumes on Lost Rapids Drive, as I indicated in the opening during the simulation, the roadway is projected to only use about 40 percent of its capacity. So, there is significant capacity available for trips associated with that use and adequate gaps for vehicles coming out of that site in our opinion. De Weerd: Thank you, Andy. 90 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on H-2018-0004. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. Any opposed? Okay. MOTION CARRIED: ALL AYES. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda April 17, 2018 – Page 127 of 491 Meridian City Council April 3, 2018 Page 123 of 128 Palmer: Madam Mayor, Sonya, Council, help me make sure I don't miss any of the points, so I can make a motion and we don't have to amend and amend and amend the motion. So, if I make a motion to approve the application, is there -- was there anything in your report that they didn't -- or that you guys aren't in agreement on? Allen: I don't believe so, Madam Mayor, Council. Palmer: So then -- so, in the motion it would be to approve per the staff report and also to approve the variance for the connections to 20-26. Is there anything else outstanding that would need to be included in a motion? Allen: The applicant's response to the staff report and agreed upon by staff. Palmer: Okay. Nary: Those are what you have in your record for today. Palmer: Okay. Then, Madam Mayor, I move we approve H-2018-0004, including the -- the comments and -- five from the applicant in the agreements between staff and the applicant and -- and including the -- that the -- a DA modification be required to approve -- that Council would approve the elevations for the Costco and the variance for the connections to Chinden, citing the ITD's approval on the comments made by the 91 applicant for the findings. Cavener: I will second that. De Weerd: I have a motion and a second. Discussion? Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One of the reasons I wanted to have some time to chew on this -- and continue to chew on it -- it's a difficult one, a difficult project for me. Lots of great considerations on both sides. I may be a lone wolf on this, an individual, but -- but I am persuaded by a lot of the public input in our Comprehensive Plan and I think the mixed use community designation, all things considered, is still most appropriate and I just see the intensity of this use is what is necessitating the access on Chinden at corridors to be preserved. We joke about Eagle Road and Chinden has the opportunity to have those challenges as well. So, those are the concerns that I can't get over to support this application. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda April 17, 2018 – Page 128 of 491 Meridian City Council April 3, 2018 Page 124 of 128 Milam: Just in response to that, I just feel like the improvements that they are going to do along Chinden and Ten Mile will alleviate more traffic than what it's going to create. I think there will actually be less traffic or problems on Chinden once it's widened. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: While I am also supportive of continuing to chew on this application, there was a motion made and unless there is a substitute motion made, I may also be supportive of that one as well, but -- maybe. We have an application presented before us at hand. There has been considerable testimony, both at Planning and Zoning, here tonight. We have I believe received more e-mail correspondence on this application than anything else in our city's history. Our community has been well represented by those in favor and those against. Regardless of the perceptions amongst those in the audience tonight, I think that I -- while I typically don't like to speak for Council, I can tell you that Council has wrestled with this application, as we wrestle with every application 92 that comes before us. We weigh what the -- the owner of the land is intending to do, how that impacts our community, especially those that are residences and neighbors around that particular project and, I, for one, have wrestled as well intently on this particular project. For me what it comes down to is I think the appropriate use of that corner along -- to Council Woman Milam's point along a state highway. I, too, recall a time in our community when we could sit on the corner of Meridian Road all day long and not have a vehicle drive by. That is the Meridian of my youth, but that is not the Meridian of today and as a result because many of you have moved to our community and made it a better place, those are some of the gives and takes that we have had to make and I welcome all of you. The gentleman that was here -- been here six weeks -- that's great. Welcome to Meridian. With growth brings these challenges and I personally always struggle with folks who have chosen to call our great community -- and I take exception with those of you who provided testimony tonight disparaging our community. I'm very proud of Meridian. I'm proud to call it home. I'm proud that my boys will call it home and for those of you that feel because the decision the Council makes it is not a place that you want to call home, I take exception with that. So, for me it is about appropriate use of the land along a state highway and to Councilman Milam's point, you put it very eloquently, this is an appropriate location for this particular project and I'm supportive of it and I'm supportive of it tonight, but if Council would feel more comfortable in their ability to make a decision by having additional time to take public testimony into account, I'm also supportive of that as well. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: First of all, just thank you, everyone, that has stuck with us through this and this is -- it's one of the things that is so so incredibly hard, because we have been listening to -- or reading written testimony for months now -- or it feels like it anyway and Meridian City Council Meeting Agenda April 17, 2018 – Page 129 of 491 Meridian City Council April 3, 2018 Page 125 of 128 there are property rights on both sides and we do weigh very, very carefully what everyone says and we love Meridian, that's why we are up here and we know you love Meridian, which is why you're still sitting here. So, it is a very, very, very difficult decision, but I -- I would like to see us go ahead and make one and I do agree that as hard as this is, it's -- it's an appropriate location, given the road that it's on, and -- and I think that it is a great opportunity for us to get a kick start with getting that highway fixed and -- but it does weigh very, very heavily. De Weerd: Well, before I call for the question, I will just say that you just saw how sausage is made and it's -- it's never easy. What has -- what is nice about this Council 93 is they do listen to every bit of testimony and they read the record and they try to make the best decision for the community as a whole and it's often the people that come to the Council chambers that don't see beyond counting heads, but I will tell you that I would have liked Council to stew over it a week, because I think that this is a big deal and I haven't been all that fond about this location and I have my own concerns about it, but ten years from now will it be out of place? I don't know. But I heard that we have a motion on the table and if there is no discussion, Mr. Clerk. Roll call: Borton, nay; Cavener, aye; Milam, aye; Palmer, aye; Little Roberts, aye; Bernt; aye. MOTION CARRIED: FIVE AYES. ONE NAY. 94 Attachment 3 Minutes of City Council Meetings July 24, 2018 H. Public Hearing for Costco Wholesale (H-2018-0066) by Costco Wholesale Located generally at the southwest corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. 1. Request: Modification to the Development Agreement to include conceptual building elevations De Weerd: Okay. Item 9-H is a public hearing for H-2018-0066. I will open the public hearing was staff comments. Meridian City Council Meeting Agenda August 7, 2018 — Page 134 of 572 Meridian City Council July 24, 2018 Page 22 of 112 Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a development agreement modification. This site is located at the southwest corner of North Ten Mile Road and West Chinden Boulevard and is zoned C- G. The property was recently annexed into the city as part of the Lost Rapids project. A development agreement was required as a provision of annexation, but has not yet been approved by Council and recorded. The applicant is requesting an amendment to the development agreement provisions for the Costco project to remove the requirement for conceptual building elevations to be submitted in the future for the Costco store and the addition of a requirement for future development to substantially comply with the conceptual elevations submitted with this application. The concept elevations submitted with the annexation and zoning application were not approved by Council. A provision of the agreement requires the agreement to be amended to include conceptual and building elevations for the Costco store, as discussed at the hearing on April 3rd. Several concept designs were submitted to the Mayor and Council for review prior to submittal of this application. Based on the feedback received, the applicant submitted concept elevations as shown. Building materials consist of split face, stucco, ribbed metal paneling, steel trellis awnings and glass entry and sectional doors. Various colors of materials are used for your interest and variety. A five foot tall berm with landscaping and six foot tall wood fence is proposed along the back, which is the west side of the Costco building, to buffer the future residential uses. This buffer will also assist in screening that side of the building. The applicant is required to submit a design review application for final approval of the building elevations prior to submittal of a building permit to ensure compliance with the standards in the architectural standards manual. If any of the standards cannot be met, a request for designed standard exception should be submitted as set forth in the architectural standards manual. Written testimony has been received from Andrea Nist, Chrys Eastman, Helene 1 Thompson, Jenniffer Card, Jessica Carter, Karen Stagg, Sarah Haynes and Steve Traviss. They are not in favor of the proposed elevations and want a more unique neighborhood friendly design. Written testimony was also received from Shane Hanson. His comments were unrelated to the subject application, though. Staff is recommending approval with the changes to the development notes in Exhibit A-3 of the staff report. Staff will stand for any questions. De Weerd: Council, any questions? Okay. Is the applicant here this evening? The applicant will be given 15 minutes to present the project and, then, we will enter into the public testimony, which is three minutes for each member of the public that would like to testify. If there is a spokesperson for a larger group, an HOA or a neighborhood association, that person will be given ten minutes if they so choose and, then, we will ask the applicant to have concluding remarks and, then, Council deliberation. So, thank you for joining us. If you will, please, state your name and address for the record. Kahn: Thank you, Madam Mayor. My name is Peter Kahn. 999 Lake Drive, Issaquah, Washington. I represent Costco. Madam Mayor, Members of the Council, I will just have a few brief opening remarks. With me tonight is my architect Steve Bullock. He will have some -- Steve will present an overview of the design and the intent of the design and I will start with first saying I appreciate staff's report and, of course, we Meridian City Council Meeting Agenda August 7, 2018 — Page 135 of 572 Meridian City Council July 24, 2018 Page 23 of 112 support the conclusions of the staff report. Secondly, I would like to thank staff and all of you for your help and input on this design. We really tried to make this into an iterative process and their help was -- everyone's help was instrumental in helping us come up with a design that we feel is contemporary, is of visual interest. We believe that it speaks to the community standards, is a sustainable design and is unique and unique for Meridian. With that I will turn it over to Steve. He can walk you through some of the design features and some of the things that we hope you will find makes this an attractive building and a welcome addition to your community. Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sir, I have a question for you. We received many letters over the last week or so and the main -- one of the main complaints is that they were told that the neighbors were going to have some input and they did not have the opportunity to -- to help give the input on the design of the building. Do you have any response to that? Kahn: Well, we did have a community meeting, which we properly noticed and, unfortunately, we didn't have anyone show up at the meeting and -- but, you know, I didn't know how to interpret that, if that was a lack of interest or if community members, you know, didn't want to engage at that time. Many of them had my name and address and we communicated when we had our prior hearings. They certainly could have reached out to me and I always respond and, you know, that's only the right thing to do - Milam: Right. 2 Kahn: -- and if I had known of their interest and, you know, unfortunately, it sounds like there was some miscommunication and it just didn't happen. But we were more than willing to -- to talk to anybody at anytime. Milam: Thank you. Bullock: Good evening, Madam Mayor, Council Members. My name is Steve Bullock. I work for MG2. Our address is 1101 2nd Avenue, Seattle, Washington. As Peter said, we are very grateful with the feedback that we received from both staff and -- and Council Members in -- in trying to get to the design that we have right now and our goal all along with this was to come up with -- with this a final solution in design that reflects who Costco is as a -- as a retailer, wholesaler, somebody that provides quality goods, high quality goods, things that last long for a good value, that's -- that's who they are and they want that imagine to show in their facilities and at the same time we also want to -- wanted to create a design that was something that would fit in with Meridian, that would fit in with the community, that would meet the city's codes and -- and standards and be a unique final design and solution that -- that people would be happy with and in doing that we believe we have come up with -- with a design that -- that does that. It -- it Meridian City Council Meeting Agenda August 7, 2018 — Page 136 of 572 Meridian City Council July 24, 2018 Page 24 of 112 uses a number of materials and -- how do I -- we are using concrete as -- as a material that will have reveals and shadow lines cast into it. We are going to be using split -face CMU. We are going to have a stucco finish. We are using some architectural metal panels for accent pieces and we are exposing a bunch of structural steel in the form of trellises and -- and knee braces and introducing glass all along our front entry canopy and -- and tire center. Glass walls. Trying to incorporate all these different materials and -- and treat them a little bit differently as we go around the building to -- to tie it together as one cohesive whole, as well as to create something that is interesting, that - - that is -- is not static, that -- that provides new glimpses and -- and interesting views and elements as you wrap around the building. We like to start with the entry canopy, because that is such an important feature of the building and as we -- as we develop the two facades, along with the entry canopy that are our most public facades, then, we take cues and -- and features from those and continue to wrap those around the building to make sure that the building has an integrated whole, that it is -- it is something that the design all the way around the building is -- is connected, it speaks to it -- itself and -- and what it is and -- and that's not to say that it's identical on the back as it is on the front, but it is to say that we are coming up with a -- a solution that you do know that it's a Costco as you wrap around the building and it responds from a design perspective to -- to be the back side of the building. It's still part of the building. It's simple, but -- but it still reflects some of the character of the front and in this case it's -- it's quieter and -- and something that is a good neighbor to the -- the surrounding residential to the south and the west. One -- one comment that was made is -- is that the entry canopy -- it would be a nice if the entry canopy had a little bit more of a market 3 type feel and one of the things that we wanted to clarify about the entry canopy is that -- that the -- the glass doors you see on either side of the -- the main entry -- the main entry is a -- is a storefront curtain wall with sliding glass doors, but -- but the glass doors and walls on either side of that are actually roll -up glass doors and -- and the purpose of that is that -- we call it a cold weather canopy and in places where we have cold winters we want to be able to close that area off for the protection of employees, customers, and -- and equipment and facilities. But, then, as -- as things warm up, then, those doors can open up and it becomes more like an arcade and -- and a place where people can sit in the shade or -- or in the sun and -- and -- and it provides more of that market slash arcade or colonnade -type of feel there at the entry canopy and this kind of gives you a better picture of what that's like. As we kind of go around the building in a clockwise fashion, this is going down the east facade of the building, the tire center is along that area and -- and you can see the mix of materials and the change of colors between the concrete pilasters, the CMU found -- foundation strip and, then, where it pops up at the corners, the stucco that kind of wraps around the -- the tire center bays and then -- and, then, the architectural metal panels kind of framing the -- the -- the corner as well with -- with trellis features that -- that provide some additional depth and an interest at the corner of the building there. Oops. Wrong direction. This is -- to the right is the south facade and, again, this is a very quiet facade of the building. We have a driveway there to allow for emergency egress from the building if -- if ever needed and also to provide a secondary way to the receiving area if needed, but in -- in all reality there is -- there is multi -family residential to the right of the screen and there is single family residential to the left of the screen. We are trying to create something here that is Meridian City Council Meeting Agenda August 7, 2018 — Page 137 of 572 Meridian City Council July 24, 2018 Page 25 of 112 still consistent with the design that we have on the north and the east facades of the building, but that is a little bit more subdued and -- and creates a rhythm that's -- that's just quiet and -- and easily fits into -- to the residential areas and we are relying more on landscaping to screen and -- and soften these facades of the building. As we wrap around to the -- the north -- the northwest of the building, you know, again, you see the - - the corners popping up with the CMU and further emphasized with a concrete pilasters and structural steel trellis features and -- and landscaping. Here is -- here is some elevation views and -- and we always show these at the -- at the end, because you never do actually ever experience a building as you see the elevations and so they are always a little bit cautionary. You can get kind of focused on these and go, wow, that's a really long building. But in reality you never experience it like that. If you're -- if you're far enough away from the building that you can see it, it's so small at that point that you don't realize it, but when you're up close to it to -- to see how big it is, then, you're not experiencing it. But this does give you an idea of all the different things that we are doing around the building related to changes of materials, colors, architectural features, pilasters, trellises, glass, curtain walls and roll -up doors and -- and -- and cornice 4 features, too, where we -- we change the depth of the -- the cornice feature to -- to give enhancements in different parts of the -- of the building. We wanted to -- to bring up this site plan, which is also part of the annexation and -- and rezone and -- and just to further emphasize -- does my mouse show? Just how much landscaping is -- is located along the west side of our building and along the south side of our building to -- to screen those two sides of the building that are a little simpler from an architectural perspective, but there is a significant amount of landscaping providing an additional screening and softening of those elevations. This is a section that shows what the -- what that portion of -- Especially particularly from -- from the southwest corner of the site there is a very large planted area that is inclusive of a berm and -- and -- and fencing to -- to screen the building, you know, up over 12 feet in height. So, with that I would be happy to answer any questions that you have of me related to the design. De Weerd: Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: You might not be the person really to question. It's not really about the design, but it's kind of about the design. The windows that are part of the -- the nicer part of the facade on the -- in the building and here they are shown up you said when there -- it's warm weather. Would the intention be to lower those every evening, even in the summer months when they would be open? Bullock: And that's -- that's kind of up to the -- the store manager how they want to deal with that. Those doors are not -- they are not providing any locked up portion of the building. One end of that -- that entry canopy is -- is wide open and doesn't even have a door. So, people could still get behind there, even if those doors are down, but it's -- it's -- it's more of a -- just how does the store manager want to -- to operate that. Meridian City Council Meeting Agenda August 7, 2018 — Page 138 of 572 Meridian City Council July 24, 2018 Page 26 of 112 Milam: Okay. Madam Mayor? De Weerd: Uh-huh. Milam: Somebody may want to answer that, because if the intention is so that the building will look nicer, yet six months out of the year that's not there, it kind of takes away a lot of that intent. So, that's -- and like I said, you may not know the answer to this, but -- Bullock: Well -- and I would argue -- I mean you may think it -- it doesn't look as nice with -- with those down. I think it still looks very nice with them down and it's a different feel when they are up and there is more of an open arcade when they are up, yes. Bernt: Madam Mayor? Kahn: The open field is definitely nice and I think the biggest thing is the winter months here is -- it really becomes an energy efficiency issue for us more than an aesthetic issue, because if you have been to Boise or you have been to the Nampa, the units that we have, the entry and the exit don't have doors. So, we have employees standing 5 there either to check your card or check your receipt and without the glass and the slider door at the front they get cold and we lose a lot of energy to the environment and energy efficiency is a big part of one of our operational concerns since, you know, with all the refrigeration we have and air conditioning and heating and everything, we use a lot of power and if -- at least in the winter months, you know, our goal is to minimize the heat loss from the building and a lot of the materials that we choose just for the building skin are chosen because of their energy efficiency. The stucco that we are using as a -- is an integrated panel that has an R rating of like 19, 1 believe, which is pretty remarkable and is in a -- you know, a wonderful insulation material and so having the doors up or down, as Steve pointed out, it will be up to the -- the manager's call on that, but, you know, you guys have really nice weather here. You know, coming from Seattle I can tell you. The -- I think the doors will be up a lot and -- but, you know, on the colder months I would expect to see them down more than up, so -- De Weerd: Okay. Any other questions? Thank you. Mr. Clerk. Coles: Thank you, Madam Mayor. As far as sign-ups go, first on the list to sign up for the public hearing Linda Arnold, listed as against, no indication of a testimony. Michael Arnold is listed as neutral. Jane Albert is listed as against and wanting to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. Albert: Good evening. My name is Jane Albert. I reside at 6628 North Salvia Way in Meridian. Meridian City Council Meeting Agenda August 7, 2018 — Page 139 of 572 Meridian City Council July 24, 2018 Page 27 of 112 De Weerd: Thank you. Albert: Thank you. First I must reiterate my objection to the project and the fact that the City Council ignored the city's own Comprehensive Plan in approving that. This remains a significant disappointment that residents cannot rely on the very document that is supposed to be used by citizens, quote, to better understand the city's vision for their neighborhood, their business, and the city as a whole. De Weerd: Ma'am? Albert: Yes. De Weerd: If you can testify on the application that is in front of us. Albert: That is the next paragraph. If the Costco project proceeds, neighbors deserve better than the conceptual design submitted by the developer. We want to see an effort put forth to create a unique design compatible with the neighborhoods surrounding it and you did, too, having focused so much time in the April 3rd meeting on design elements of this project. This seems to be simply a mash up of the same old design. It is known that the developer held a neighborhood meeting on the subject and despite the demonstrated wide interest in the project and rather than being inclusive and transparent, they held to the bare minimum of required noticing. But as neighbors of the project our preference is to have a discussion of the proposed elevations with our 6 elected officials present and recorded in official meeting fashion. Prior neighborhood meetings held by the developers have demonstrated that they offer more of a sales pitch for the project, rather than genuine listening sessions. Yes, the Mayor, City Council, and staff had the opportunity to comment on the different designs presented to them, but isn't it in everyone's best interest to have comments from those who actually live in the neighborhood and are directly impacted on the record, rather than relying on the developer's recollection and interpretation of the citizens' input. I urge the City Council to deny the modification to the development agreement and require Costco to make changes to their conceptual plans to reflect our input and, again, go through design review with a concept that is deserving of the neighborhoods that they are invading. Surely the developers have the resources design -- to design something that blends with the existing neighborhoods. I do not observe red, black, blue, gray concrete metal accents nearby. Thank you. Palmer: Madam Mayor? Bernt: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor and ma'am, you had mentioned that you wanted to have a discussion with your elected officials on the record. Here we are. We are on the record. We are here. What would you like to see specifically in the design is the question. Meridian City Council Meeting Agenda August 7, 2018 — Page 140 of 572 Meridian City Council July 24, 2018 Page 28 of 112 Albert: I think something that blends with the color schemes, maybe something that is unique. This is -- doesn't necessarily reflect, in -- in my opinion, the feeling of the neighborhoods. These neighborhoods are now established. There are blends of colors and textures that I believe should at least be considered in some of the design elements that have been presented. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Ma'am, thank you for coming this evening and I -- we certainly don't want to put you in a position where you feel like you're getting blistered with a bunch of questions, but I do have one. You speak about color schemes and different materials. In your opinion what -- what would those be? Albert: Well, again, I think that they should blend. I don't think this blends in -- in the neighborhood. This is being put smack dab in the center of now existing neighborhoods that have very specific guidelines for architecture on colors, et cetera. Bernt: Correct. Albert: I understand the logo, I understand marketing, I understand they are not going to change the color of the Costco logo for my neighborhood, but I do believe that there could be an effort perhaps put forth that showed that this was more of an inclusive design, perhaps, than the standalone commercial project. Bernt: Madam Mayor, follow up. So, are you speaking in regard to like -- just like the 7 same type of -- or similar type of building materials that you would find on homes that are surrounding this -- this potential development? Is that what you're saying? Albert: Well, sir, I'm not an architect and I appreciate Mr. Bullock's comments, but I -- you know, I think that we have some unique properties. I hear that the -- the marketplace that Albertson's just built is a -- is a -- it's an example of perhaps something that would fit better into the core of our neighborhood, because that's where it's going in the -- smack in the core of our neighborhood. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I appreciate your comments and, then, I guess I want to echo Council's standpoint. We take this seriously and so I think there is a lot of desire for us to hear from the public and -- and I think whether you believe it or not, the applicant is here and they are going to respond afterwards to the feedback that you provide and so I guess I just would encourage you to take this opportunity to tell them how you would want it to Meridian City Council Meeting Agenda August 7, 2018 — Page 141 of 572 Meridian City Council July 24, 2018 Page 29 of 112 look or you would like to see done differently. I hear a lot of -- I don't like it. I want it to blend. But one of the things that I noticed serving on this Council, you ask six Council Members a question, you're going to get seven different answers. And so you have to sift through that. But help me kind of see through your eyes. Is it -- is it the color? I mean is it -- Albert: This is a -- this is a -- they are calling it a contemporary or modern design and I think this can be done in such a way -- I understand this is a warehouse. I get it. It's a 168,000 square foot warehouse building. I don't know the types of elements that could be used, other than to say I think that concrete, steel, glass -- you know, are there ways -- I would ask -- I would push back on them. Are there ways to modify this. Is this the only option that -- that you see. You had lots of questions about this. There were many questions -- there are other designs that were viewed that evening. This is the only requirement put on them. This is what you want. You're the one that -- that put these requirements on them. Is this acceptable to you? Palmer: Madam Mayor, I will answer that. I mean to me, you know, I look at this and, you know, you mentioned colors and whatnot, to make sure that everything stayed on the record. I don't dare go look at, you know, the colors of the houses that are in your neighborhood, but considering my neighborhood -- I'm, thankfully, no longer on our HOA board, but we -- as we get our daily about -- our neighborhood is about eight to ten years old and daily -- Albert: I'm sorry, I didn't understand you. Palmer: Our neighborhood is about eight to ten years old, most of the houses in there, and daily, you know, we would get e-mails of people with their paint requests and a heavy percentage of them are -- are multiple shades of -- now I just said shades of gray -- dark grays and various grades especially, because they are -- it's a very popular color 8 right now. So, can you -- you know, you mentioned you wanted to blend with the colors of your neighborhood. I know we keep trying to repeat this and asking it, but I'm trying to draw it out of you, what are some colors or -- I understand you might have some concerns with the -- you know, the concrete, a lot of it, you know, the -- amazing things are done with concrete these days. The Meridian Temple, the entire exterior is concrete, but the -- are the colors -- it is the metal that's -- that's really causing heartburn for you? Is -- did you want -- Albert: This is the only design that we have any input to. This is it. We didn't have the -- the opportunity to provide any input to discuss this with the applicant, to talk with the architect, to say what -- what's available to us. What -- you know, I understand this is not designed by a committee, but the -- the -- the tones that are in our neighborhood represent what I feel about it and the feeling that is here in Meridian, which is they are -- they are earth tones and, you know, they mean roots to me. It's -- it is -- this is a -- I think an eye sore. Again, I understand it's a warehouse. I understand that we are not going to change Costo's logo. But it just feels as though there could be an attempt -- a better attempt made to have this blend into our neighborhood. I'm sorry, again, I'm not Meridian City Council Meeting Agenda August 7, 2018 — Page 142 of 572 Meridian City Council July 24, 2018 Page 30 of 112 an architect, I don't know what the options are. Could there be -- what -- could there be -- you know, what are the possibilities. So, I know you're asking me for answers to that and I'm afraid that -- but what I know is that this does not blend in my neighborhood and I don't think it takes anyone too many trips through that area to know that. Bernt: Madam Mayor? I think I can help you out a little bit. We are asking the same question to you and what if -- I haven't seen the Albertson's new marketplace, but I have heard raving reviews about how cool it looks. Is there a possibility that we can get that on the record and maybe get like -- put that on the computers and put it on the record, so that maybe -- maybe you can just -- we all can look at it together and maybe see if that's more like a look you're looking for? De Weerd: I'm sure Costco wants to look like Albertson's. Bernt: I mean -- Palmer: Madam Mayor? Bernt: I mean it is what it is. I mean it's a look. It could be -- it could be a library for all care, but it's a look that maybe you -- that the residents looked at and is liking and I think we are here to discuss and to -- you know, to talk about what they feel is more in tune with their liking and if it's a competitor, I -- I think we should look at it. Albert: Well, Madam Mayor, I was put on the spot to come up with some kind of explanation of what I'm trying to say and that -- that came to my mind. I understand that's a competitor. I'm not asking them to -- De Weerd: No, that was -- Bernt: We were joking. Albert: But I did feel as though -- you know, it's -- it's -- it is a design that perhaps is -- is 9 one to be considered and I'm sure that there are others. Ours is not the only community this company has come into it and has asked for some kind of modification to fit into the community. You looked up those -- on the computer when -- when we were here at other hearings. When you asked them -- when you made this a condition. De Weerd: Mr. Cavener. Cavener: Madam Mayor. And, Mrs. Albert, I guess maybe more than a question to help us kind of see your perspective about the process, I understand that they had a neighborhood meeting and you contend that not the right amount of people were invited. It doesn't sound like that you attended, but -- and we also have the ability to view this application on the city website and we received a bulk of e-mails that all said the same thing and -- and no comments about aesthetics or design or brown or black or Meridian City Council Meeting Agenda August 7, 2018 — Page 143 of 572 Meridian City Council July 24, 2018 Page 31 of 112 purple or polka dots -- none of that. Can you help me get a good understanding as to -- to why we didn't receive any? Albert: Well, that surprised me to get -- they had an awful lot of people. I -- I can say that the neighborhood meeting was held at the exact same time as a neighborhood meeting for another project in my development. There was some confusion on the part of our HOA as far as posting that meeting. I also -- so, I can tell you some of the reasons that I wasn't there. I wasn't even aware of the continuance from last week until I went into the file to see that it had been continued to this week and that's why I'm here testifying. I came last week as well, just in case it was heard. So, I -- I don't know that. I don't know the answer to that. But I would have loved to have gone to the neighborhood meeting to see these -- but the posting requirements, the 300 feet, which is not my home and I think that -- I only -- I know that they held to the requirement, but it -- I wish that there had been more of an inclusive nature as Mr. Kahn is implying that he wishes that -- that he so desires. Cavener: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: On your screen right there are you seeing the -- what they just put up? Is that the -- Albert: Yes. Milam: Are you still seeing the Costco or are you seeing -- Albert: No. I see that. Milam: Okay. So, can you -- so, this is a building that you think would be more cohesive to your neighborhood? Albert: This is -- this is -- I haven't -- I haven't seen this building. Thank you. Someone said and I just thought I would ask and I heard, wow, that's a really cool design. Milam: And I just -- but I'm just asking you to look at it and tell me if there is any feature there that like stands out to you that you think, oh, this is what it -- I think would help 10 us -- Albert: You know, I'm going to -- I just have to push back a little bit and say I -- you know, this is the requirement that you all made of them and so I guess -- I guess -- I guess what you're saying is that this is -- this is a design that you approve of. You know, I see some wood elements here. I see -- I think -- I don't know if that's brick or not. You know, I see some design things here that are more attractive than a concrete Meridian City Council Meeting Agenda August 7, 2018 — Page 144 of 572 Meridian City Council July 24, 2018 Page 32 of 112 building. But, again, this is, you know, my first glance, but I'm -- I guess I just need to -- I'm wanting to be on the record to say that I think that we deserve better and I think that you actually are the -- are the ones who asked them to come back with some more interesting designs and if -- if that's the design that you think is the one that is more interesting and fits into that area, then, you know -- this is my only opportunity for input and I disagree. Milam: Thank you very much for answering that question. Coles: Richard Gardner was signed up against, no indication of testimony. Michael Battaglia against, wishing to testify. De Weerd: If you will, please, state your name and address for the record. Battaglia: Michael Battaglia. 4212 West Wolf Rapids Street in Meridian. De Weerd: Thank you. Battaglia: It's the Bainbridge Subdivision. Just to get back to something -- De Weerd: Can you pull the -- the mic closer? Battaglia: Just to get back a little bit to what Jane was trying to at least -- at least my feelings would kind of piggyback hers. I think there is a lot -- a lot -- a lot better colors like browns, tans, mixtures of browns and like the dark color brown, which is really reflective of the entire -- of our entire subdivision of Bainbridge. There is very few grays and so, therefore, to have this big gray thing sitting there -- it's really out of -- out of character. Granted that there is going to be -- or proposed some apartments and a few other type of developments around it, which would shield it, but until those get even planted, we are stuck with what -- with what -- with the Costco building by itself, albeit landscaping is there, but not -- there isn't anything high like the building is. I just want to touch on four different things that were -- at least three different things that we at the back end or the bottom end of the staff report. Let's see. Store hours. From what I read it was 6:00 a.m. to 10:00 p.m. That was the last line of the staff report. De Weerd: I think we are only talking about design tonight. Battaglia: Well, these are all things that I read in the development agreement. De Weerd: But the development agreement is only being opened up for the -- the elevations. Battaglia: That's it. Okay. Thanks. De Weerd: I do need to note for the public record -- I didn't see the elevations. I did 11 have an opportunity to comment. Mr. Bernt did bring it to a meeting that he showed me. Meridian City Council Meeting Agenda August 7, 2018 — Page 145 of 572 Meridian City Council July 24, 2018 Page 34 of 112 LeFever: I know. Really long time, isn't it. Is that in? Yes. Great. Great. I am opposed to the project. We all know that. For many reasons. But I just think they can do a better job. Those pictures aren't coming in very well, but Walmart was, basically, built in a field and their design requirements were a lot higher. They have a lot of different elements in there. That's all blurred out there, but there is -- there is -- there is the tile on top of one of the roofs. There is tip outs. There is stucco. There is bricks. There is -- there is just all kinds of different elements over there in that Ten Mile Walmart over there. There is nowhere in there -- there is their traditional blue stripe that goes around the building, even -- even if you go back and look at the logo, it's white, you know. Not that I'm in love with the building, but they really did go back at the time when they approved this Walmart and upgraded the look of Walmart. I expect that out of Costco, an upgraded look in a neighborhood -- they have dropped it right in the middle of a neighborhood, upscale neighborhood, and I expect it to look nicer than what's being presented. Some of the things -- since there is some confusions on what's expected, we would like it to blend. We would like all sides of that building to be upgraded. We would like them to lose the red line that goes around that. They don't need the red line. We would like some tip outs. Some pillars. Some posts. Some change in the logos. Some bricks. Some rocks. Some areas with picnic tables and umbrellas, with an area that you can sit out and have pizza and hot dogs, make it more community friendly. Actually, I -- the marketplace that was up there, I thought it was a lot better look than the building that's been designed here. The other buildings that were referenced, since we will get it on the record, Ty, is those are in commercial space and they are perfect in a commercial space. This is in a residential surrounded area. We expect better. We deserve better. Also one other thing is this is kind of a little outside there. I think this is a real illustration on the part that people didn't show up at that neighborhood meeting that our process as a city on a whole -- the neighborhood process is broken and that's something at a later date and time that we need to go back and revisit. Maybe revisit how we notice them. Revisit the posting. Maybe we put a sign up and post to allow people that opportunity to be involved, to change things from actually embracing the community and having community involvement, instead of just a sales pitch. I have been to all the meetings and by looking in the audience and what happened last time over livestream, there is people that do want to make comments, you know, and I think that would make a better place for Meridian to live in is that people have a chance to comment. In addition, when Costco is this billion dollars in revenue and billion dollars in profit. Knowing the contention that's been on this project, they could have gone out, done advertisement, and as we can see over there with the news here, they have a news release. They could have put that out to the news. If they really wanted the neighborhood input they could have asked for the neighborhood input. So, with that 12 said I think they need to revisit their design and give us something better for that neighborhood, so -- De Weerd: Thank you, Denise. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda August 7, 2018 — Page 147 of 572 Meridian City Council July 24, 2018 Page 35 of 112 Palmer: Thank you so much for coming to as many meetings as you do. It's great to -- to see you out there. I have got a couple questions for you. You had kind of gone through a list of different materials around the exterior of the Walmart. I believe all of which are presented as a -- the plan for the Costco, so if there is any that -- that you mentioned that are missing, like they will write that down. Also you mentioned the red line. So, it looks like the plan is to have the red line only on the front two sides, but not necessarily facing the neighborhood. Is it a concern of yours that it exists at all, the red line, or just that you didn't want it visible from the neighborhoods? And also are the browns kind of an important aspect to you, other than the grays? LeFever: As far as how it goes, as long as it doesn't look like the commercial Costcos, they need to work on blind -- on blending. It can be different colors. This is kind of -- I would say it's more monotone. It's kind of a two different color look. They can mix it up a little more and, yes, I do want to see the red line removed. Walmart doesn't have a red line around it. It's just right down the corner. You know, they have done a better job of trying to make it blend into their community of upscale. I'm not necessarily fond of the oranges they used, I just think they just need to do a better job of finding materials and give you more of a non -monetary, bland commercial look to this building. So, upscale it. You put it over in nice neighborhoods, give us a nice building. And, once again, the marketplace I think has a lot better elements on it. Palmer: Madam Mayor? So, you want the red line gone -- LeFever: Yes. Palmer: -- but you want brighter, more -- more to stand -out colors? LeFever: No. I want more colors. So, just more -- more features in there. Maybe rocks, bricks, some other features in there. Some aspects of this kind of look still like a concrete warehouse. It would be nice if they would go back in on the marketplace and put that really nice patio area, you know, and make it part of the community. Go back in and put picnic tables out there. Go use your red -- go use your red umbrella. You know, that's a good spot for it. Palmer: Thank you. LeFever: Anything else? Palmer: Madam Mayor? De Weerd: Mr. Bernt. Palmer: Denise, have you ever been to Park City, you know, and how they have -- you go up there and -- in the mountains and all of the buildings, you know, look different, 13 more mountainous and sort of conform with -- is that sort of what you're talking -- Meridian City Council Meeting Agenda August 7, 2018 — Page 148 of 572 Meridian City Council July 24, 2018 Page 36 of 112 LeFever: You know what, I got invited to go visit Park City, but I have not been yet. It's my intention to go visit Park City sometime. So, I wish I had seen that one, so -- I do know in different areas when you travel around the facades go back through and change. If you have ever been on a cruise they completely changed the facades when you -- when you go into the Caribbeans or spots in Alaska or different areas like that, you get off and they have all these lovely facades and stuff that make it look really beautiful. You know, if it's going to be here, which I'm still opposed to, but if it's going to be here, let's kick it up a notch. Let's do a better job, so -- Bernt: Point taken. LeFever: Thank you. De Weerd: Thank you. Bernt: Thanks, Denise. De Weerd: Yes, sir. Good evening. If you will, please, state your name and address for the record. Burke: Madam Mayor and Council, I am Rick Burke. I live at 6092 North Santa Rita here in Meridian. De Weerd: Thank you. Burke: Just wanted to testify today if I may and I appreciate the opportunity. The design -- the change of design is really -- it really doesn't do much for the originality of it. There -- it's -- it looks like a cookie cutter drop from the sky, designed like any other. There is no originality to it, which would help the neighborhood immensely if there was something a lot nicer to look at, as opposed to a big warehouse such as it is. Take a look at what they did for -- or they are doing for the Albertson's on Broadway. There is a lot of originality there, a lot of -- a lot of thought was given to it. So, I think if our developers on the Costco would use that kind of concept, originality and different textures and colors and building materials, it would look far better for the neighborhood. And this could all be very well a moot issue, because since this -- the whole project is going under judicial review, that this may be moot and they may have to come back and start all over. So, I think -- I think making any decision tonight on the design review is -- should be tabled. That's all I have to say. Thank you. De Weerd: Thank you, Rick. Burke: Any questions? De Weerd: No. Thank you. Yes. Meridian City Council Meeting Agenda August 7, 2018 — Page 149 of 572 Meridian City Council July 24, 2018 Page 37 of 112 14 Swanson: Hi. De Weerd: Good evening. Swanson: First I want to thank you for letting us talk. I'm not prepared, but I didn't think we would get to, but I just wonder -- De Weerd: If you will, please, state your name and address. Swanson: Lori Swanson. 2746 North Exeter Avenue in Bainbridge. De Weerd: Thank you. Swanson: Thank you. So, just for the sake of showing there is some agreement here, the notification process might be legally, but I came in at a time when -- when the last meeting was -- and I just only found out about the meeting the day before, because somebody posted a piece of paper by our mailboxes and so I showed up for that. And, then, you know, I don't know how we missed these notifications, but they are not really obvious, they are not really meant, I don't think, to invite everybody. So, I just want to reiterate that, yes, you might like the other ones, but they are not in the neighborhood and that's the big significant difference here. This is a neighborhood and it's an upscale neighborhood or it's supposed to be and so something should be different. It shouldn't be just like the Nampa one, because it's not in the same kind of neighborhood. I'm thinking of an area that I came from, a Costco, they have in between every row of parking lots they have arbors -- they might not be redwood, but they look something like redwood with vines and things over them. The shopping cart areas have something similar. When you go over here to the Home Depot off the state highway and Eagle, they have a gazebo type thing with benches in there as you're getting close to the entrance of the store. Again, the area that I came from also has a Whole Foods and things like that. They have nicer cement rounded tables. I mean just -- I'd hate to see them just put the metal where people eat in the, you know, courtyard area there for the hotdogs and all that. Just metal tin tables. I'm -- I'm referring to the San Luis Obispo location. They have kind of upscale things, because there is an upscale neighborhood nearby. That might be something to take a look at online. So, that's pretty much all I wanted to say. De Weerd: Thank you. Maybe staff can pull up the Costco in that area. Other testimony? Good evening. Stevenson: Good evening. Madam Mayor, Jerry Stevenson. 6040 North Ten Mile Road, Meridian. A few questions I actually have on this question they didn't really cover are the neon lights at night and my request would be to have them turned off or really dimmed in the evening to try to -- so they are not standing out -- everything. Because I look out my window and they are right across the street from me. So, that's always an eye sore. Then also I didn't see anything on the dumpsters or trash. Is that all handled internally behind closed doors or -- I didn't see any facility plan for that. Meridian City Council Meeting Agenda August 7, 2018 — Page 150 of 572 Meridian City Council July 24, 2018 Page 38 of 112 15 De Weerd: I think that was part of the original application. This is just on the elevations. Stevenson: Okay. Well, I just thought that for a design standpoint that that would be included in on -- on covering that part. De Weerd: Yeah. That's more a part of their site plan. Stevenson: Okay. I didn't -- and I don't know if it was a hearsay or not, but I thought somebody said that there was an ask for a variance on the height. Is that -- there is no change -- I mean it's just standard heights on this. There is no unusual thing there. De Weerd: I -- I don't recall any request for a variance for height. Stevenson: I just wanted to verify that. And, then, on my input would be for the design on that, I think what everybody is kind of looking at is -- it's a box, it's a warehouse, and one thing that could help soften that up is if there was like a pitched roof look, what you could do by going out with some awnings out to the side would give it a pitched look, so it's more of a roof and I think that would fit in the -- De Weerd: Kind of see the screen right in front of you, that's -- that's the Costco I believe that -- that Lori was referring to. Stevenson: Okay. Yes. And on that line and, then, even around the outside on the sides, if they was wanting to continue back there, too, because that's -- that's what you're seeing on the road, basically, is the -- you know, the whole building itself and even along the whole side of the building, maybe even on the back for the neighbors on the back side might appreciate that. If that's not just in the very front section only I think it would probably help to have them in there. And, then, I don't know, I personally -- you know, it's a personal thing I have that I don't like bright red. If they were to tone that down or darken that up, you know, going to have that for their -- you know, that might soften the impact of the -- the red color a little bit and, then, the other thing that I'm -- again, if I go to the site plan will there be any input on that, too? I'm concerned about the -- the sign -- signage and things like that. They probably have it -- because I have been through a lot of these different things in the past and it seems like my house always gets affected with street lights being put up that I didn't know anything about and now it shines down in the bedroom window. I can't have the windows open at night, there is things that aren't ever thought of in this building process that -- that has affected me and that's why I'm trying to look ahead on the signage and things like that on that, because there is no berm that's going to be on their side of the street from where I am at to, you know, kind of blend anything in. That one is from the -- that one there is from the other side. So, one of my concerns is on the site plan itself is -- so, the other buildings after that one's finished they put new buildings in there, that's going to be right on the street and I think that's a real eye sore. You come down from the interstate and how close those buildings are right there to the -- to Ten Mile, I think that they should -- Meridian City Council Meeting Agenda August 7, 2018 — Page 151 of 572 Meridian City Council July 24, 2018 Page 39 of 112 16 they shall have all been set back. It would be -- just give everything a much better appearance personally and it's just going to be, you know, just not an open feel at all when they start building the rest of the buildings, too. Then the other thing is, too -- De Weerd: I'm sorry, your time is up. Stevenson: Okay. All right. De Weerd: But I would invite you on your site specific concerns and questions -- staff can -- can sit down with you and show you the site plan and -- and the signage package and lights and -- and all of that. So, I would -- I would suggest that you sit down with them and -- and see what that is. Stevenson: Okay. But has that been -- is that finalized? Is that completed then? De Weerd: That -- that was part of the approval. Pardon? No? There is going to be a hearing on that? Okay. Allen: Sorry. It would help if I turned it on. We look at the light details more at the design review -- staff level review. So, there -- De Weerd: That is why it's important that he sits with you. Allen: -- the design review? Yeah. Stevenson: So, there would be input available then? Allen: Certainly. Stevenson: Okay. Thank you. Allen: It's not -- it's not a -- let me -- let me clarify. I'm happy to talk to you at any -- at any time to receive your input. They do have to comply with the standards in the architectural standards manual. The minimum, so -- De Weerd: Additional testimony? Council, would you like to hear from Denise again? Okay. LeFever: Denise Lefever. 6706 North Salvia Way. Spurwing. I just want to say that picture of the one in California with the tile roofs and the bays, with the tip outs and stuff, that's a good -- that's a nice start. I like that one, so that's all I'm going to say. De Weerd: Thank you. Schindler: Madam Mayor, my name is Marty Schindler. 6835 North Topaz Jewel Place and I live within an eighth of a mile of the new structures. Meridian City Council Meeting Agenda August 7, 2018 — Page 152 of 572 Meridian City Council July 24, 2018 Page 40 of 112 De Weerd: Thank you. Schindler: I would encourage -- since this is a democracy that we all sit and work around in this world, is that as my elected officials is I would suggest that we contact Costco and trash that design that's up there, because it's nothing but a big box store and I think the marketplace is a great example that Albertson's put into that design work. And, Ty, I was offended by what you -- and appalled by what you said you would -- you would encourage that in your neighborhood. Let's not. And I think that -- you know, I think that your representation is ours, we need your help to get it through to the next step. And why don't we bring those people to us and have them do a Charrette, bring it 17 to the streets and let us put our input in properly and that's all I have got. Thanks. Any questions with that? emy,ky\[=M01C.a Milam: Madam Mayor? Marty. De Weerd: Mrs. Milam. Milam: Marty, I do have a question. De Weerd: Marty. Mr. Schindler. Milam: Sorry. I was trying not to let you get too far. Schindler: Sorry. De Weerd: There was a question. Milam: So, you saw the picture of the San Luis Obispo. Did you see that picture? Schindler: I did. Milam: Did you like that one? Schindler: It's not about what I like -- what I would like to see and there is probably not enough time to explain that tonight, so that's why I'm asking for a charette to be convened and with Costco's participation. They have, you know, a hundred architects, they can certainly fly them out here, let him sit down with us for a couple hours and hash this through. I don't think it's your place to decide what our streets look like. You know, the roads are a different matter and that's another conversation, but -- you know. So, I'm -- I'm, frankly, just kind of pissed off. That's the easiest I can put it. Madam Mayor, Council, thank you for your time. Meridian City Council Meeting Agenda August 7, 2018 — Page 153 of 572 Meridian City Council July 24, 2018 Page 41 of 112 De Weerd: Thank you, Marty. Any additional testimony? Okay. Would the applicant like to comment? Kahn: Madam Mayor, Council Members. Well, I guess I will say I'm a little confused by what I hear tonight, because I think we went to some pains to -- based on the other public hearings that we had, to try to design a building that was a low in profile. I'm a little surprised that people are saying that they like San Luis Obispo, because I think one of the things we heard previously was they didn't want a tall building and so we went to some effort to try to minimize the height and try to keep the building subdued, so that it wouldn't attract a lot of attention. And, then, I think one thing that we are kind of missing here is that we are not looking at the site holistically. We have a considerable amount of landscaping to the west and to the south, which will effectively, with the berms and the fencing, eliminate most of the view of the building from the Lost Rapid side. To the north and to the east will be numerous other retailers that will be built either at the same time we are building or shortly thereafter, which will effectively screen our building from Ten Mile and Chinden. You're just going to have little peekaboo views from the roadway of our building and I think we had some exhibits at our last hearing that kind of showed that when we showed the guy -- Gasser -- the Gosser's buildings along the frontage. We worked very closely with the Gossers to 18 make sure that there was adequate screening to the south to soften the views of the building and eliminate most of the views of the building from the south and from the west. Yeah, we have heard a lot about color. We can change color. If you want us to eliminate some of the stripe, you know, we have done that in the past. That's not a big deal for us. But I think, you know, in your deliberation I would ask that you just look at the development in its entirety and how many different elements work together to -- and around our building that affect the architecture and -- and how our building will be perceived from the roadways to the north and to the east and to the south of us and I guess I will leave it at that. Thank you. Unless you have some questions. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Madam Mayor. Appreciate you -- it sounds like addressing some of the concerns that came up. The one that I didn't hear a lot about that -- I think there was a considerable discussion about -- in the last public hearing was about this kind of creating a sense of place for the neighborhood and one of the members of the public testified about additional outdoor seating, picnic benches, to really create a sense of place that is -- that supports the neighborhood and -- and I didn't hear you touch on that and I don't know if that's something that you have contemplated, if that was something that was contemplated. If you would share with us a little bit more about that. Kahn: Councilman Cavener, Madam Mayor, Council -- Council Members, we haven't talked about it and we can. Happy to. We have a large landscape area to the south -- southwest corner of our building that, you know, there could be something -- an amenity put there. There is a large park across the street that already exists there, which I think Meridian City Council Meeting Agenda August 7, 2018 — Page 154 of 572 Meridian City Council July 24, 2018 Page 42 of 112 is -- gives the community, you know, a lovely amenity and goes a long way to addressing that sense of place. You know, I think we need to be a little realistic here. You know, we have are a big box. We have a large parking lot, over 850 cars -- parking spaces. I don't remember the exact number. To me -- you know, we do have places to sit and enjoy a hot dog or a piece of pop -- a piece of pizza internal to the building. One design element that we have at the entry canopy that we looked at earlier is we have kind of a pedestal seating and people can sit at the entryway. Let's say somebody doesn't want to walk through the warehouse, they could sit outside there and wait for whoever is shopping. They could enjoy a hot dog out there. I don't know -- I think it's on the screen now that kind of shows the people sitting. That's something -- something that many people utilize when they come to a Costco. You know, adding some other element, whether it's in the southwest corner that the community could use or somewhere else on the site -- I mean we could all -- we are open to talking about that and figuring something out that might make sense. Cavener: Thank you. De Weerd: I think if you would have listened to what people said tonight is -- okay, they 19 are not thrilled about Costco coming to their neighborhood, but if you're coming to their neighborhood they want you to be a part of it and you should look a part of it. So, better modulation on your building and your heights. Maybe not the straight lines. Some variation in color that breaks it up, like the Walmart example -- the Albertson example showed you a little bit more about that place making that Mr. Cavener talked about and making it something that neighbors would walk to. You're going to set the tone for the other buildings around you as well and to me this is a big warehouse and it is a warehouse -- that some of the examples we saw didn't necessarily look like one and it did blend a little bit more in the surrounding area. I don't see any of the houses looking like this. This is modern, it's industrial looking, and in an industrial or commercial park it would fit in. This is close to neighborhoods. So, to -- to look at it in terms of adding some more and making it look more neighborly -- and I appreciate, even though I said don't make it look like Albertson's, I was replying to him, not you, so -- but the pictures that they have pulled up did show some softening, some more landscaping up against the building. Have plants crawling on your trellis or -- you know, I -- I do like the trellis aspect of it, but I think you can do better to make it look a little bit more integrated in with the surrounding areas. You see that further down the road with Fred Meyer. You see it on -- on Chinden. You saw it down the road on Ten Mile with Walmart. So, they tried to be a little bit more friendly with their surroundings and I think that's what the neighbors came here to say tonight is there needs to be more and you have done those in other markets and this market is as important as those other markets where we want you to be part of our community and that's what I heard tonight. Kahn: Well, I apologize if you feel we missed the mark. We tried -- you know, we thought we made our best effort to come up with a building design that we thought we heard in our previous meetings and, you know, like I said earlier, I think when Councilman Cavener or Councilman Milam asked me, you know, we are willing to work with staff or whoever wants to sit down with us and, you know, figure out if there is a Meridian City Council Meeting Agenda August 7, 2018 — Page 155 of 572 Meridian City Council July 24, 2018 Page 43 of 112 better way or something that you feel is more appropriate. We didn't come in here to say this is it and take it or leave it, but as you know, we are in a lot of different communities. We always try our best to do something appropriate for the community and we felt that this effort was a good effort and I'm sorry you feel that it isn't and, you know, I'm sorry that some of the community members feel the same way, too, but -- De Weerd: But I -- I'm sorry, you're going to get -- well, I would have said seven different opinions, but we are missing two. So, five different opinions on what our personal preferences are. But I think one of the things that was raised today is -- is a more inclusive process and I was a little taken back to hear that people didn't go to the neighborhood meeting because they wanted to put their comments on the public record tonight. That's unfortunate, because you did make the attempt. But I also appreciate your statement that this wasn't your -- your final offer, that you still would like to -- to 20 work on it to make it something that -- that people can be proud of and with the realization that the people that don't want it there are probably not going to get to that point, but if they can feel part of the process at least in what it looks like, that's a great step in the right direction. Kahn: It would be. I agree. Palmer: Madam Mayor? sTaTkyr=2 41 ■►L1111111101111M Palmer: Madam Mayor. Sonya -- C.Jay, hold on. Sonya, can you switch this back to a view of the back of this? Yeah. That last one was good. Now -- so this is the back of the proposed Costco. C.Jay, could we see the back of the Ten Mile Walmart as it exists? So, they don't -- the two don't even compare. You know, we are talking about -- we are praising Walmart so much tonight and how gorgeous it is. Well, the front looks great. The back looks like crap. And this is what's facing the neighborhood. The back of the Costco as proposed is -- like you said, it's -- it's calmed, it articulates different materials. It's toned down, simpler, yet still in the articulation. We talk about Walmart as this great partner for the neighborhood -- has anybody driven passed there lately? When is the last time they watered their grass? All of their grass is dead. The trees are dying. They have not watered their -- their grass this season. Has anybody ever driven passed any of our local Costcos and seen anything but well -kept landscaping? Walmart on Ten Mile is not the example that we need to be looking to for what this project needs to be. Yes, I wish that this was in my neighborhood, because what's proposed here is contemporary. It's beautiful. The glass and the steel exposed -- and we talked about the Albertson's on Broadway -- another gorgeous building. I think it's probably significantly taller than what's proposed here, but, essentially, this is the same thing, just without red brick and the front of it has the exposed steel, the glass, the brick, the -- I mean a beautiful entrance. I'm just blown away that this -- I mean, again, also this sits not at the core of the neighborhood. This doesn't sit in the middle of a subdivision. This sits at the corner of a state highway that's going to be five lanes before this opens and seven lanes and its -- when it's finalized, it's just another arterial road that's going to be Meridian City Council Meeting Agenda August 7, 2018 — Page 156 of 572 Meridian City Council July 24, 2018 Page 44 of 112 five lanes before this opens. This is a major intersection in this city. What more appropriate thing than a big box store that is going to provide extremely high -paying jobs for what -- for what the jobs are, compared to their competitors, compared to any other similar industry employing people here in the valley and, really, all we are talking about tonight is the facade. They have prepared what -- what we asked for during the meeting. I mean I -- I apologize if there was somebody here that -- that testified against this that's in favor of the Costco, all I heard was people that were against the Costco not satisfied with -- with what's proposed and as the Mayor pointed out, I -- I think it would be unlikely that we would have people who are against the Costco that would be satisfied with what's -- what design is brought to us. It makes perfect sense to me to 21 approve this tonight as it is. Bernt: Madam Mayor? blaylkyl i4MAN 5 iH Bernt: Peter, thank you. I -- you know, honestly, you guys did exactly what you were told to do. I think that this Costco looks different than a -- a little bit more or less Costcoey, you know, like warehousy -- I don't know what the words are. I apologize. I'm not an architect. Than those Costcos that we have in Nampa or Boise. So, I think -- I think that you did your due diligence. One of the cool parts of having these type of discussions is getting the public involved and whether it's tonight or whether it was a couple weeks ago or whenever originally it was scheduled, I think we have heard tonight from the residents that they would prefer something a little bit different and it's really cool, in my opinion, that you're willing to listen and that you're willing to change things up. I haven't been doing this for a long time, but I can't think of a time when an -- when an applicant has bent over backwards, you know, to try -- at least with us. I don't know what happened with the residents, but with -- with us to get our point of view to see maybe a direction that you need to be going and you guys did that and I applaud you for it. I don't -- I don't -- I want the residents to understand that, you know, they did listen and they did mostly what was said that evening and we did see different renderings and different examples in a book that was provided to us and maybe we can -- if you can provide -- I don't know if you have that tonight that we can put it on the record. If you don't we probably need to so that they -- so the residents can take a look at it. But I think -- I think that what we are hearing tonight is that it just -- we just need to soften it up and I -- and I don't know -- I'm not an architect and the gentleman over there that's sitting down is and I have seen him take notes upon notes upon notes of different things that he has heard the residents talk about and -- and I -- and let's just see if we can soften it up a little bit. I know that one of the examples in that booklet that was -- that was given to us had more of a market look with the entrance and I -- and I plastered on it. I really like this. I think it is awesome and I think that -- I think that the residents, if they were to see that, I think that they would like it more, because it has that type of a look. I spoke to Bill about -- about rules and whatever about that book. We just -- if we are going to discuss it we just need to put it on the record so the -- so the residents can see what we are talking about. But I -- to make a long story short, let's just soften it up a little bit. Meridian City Council Meeting Agenda August 7, 2018 — Page 157 of 572 Meridian City Council July 24, 2018 Page 45 of 112 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Now I forgot what I was going to say. So, I definitely like this better than Nampa or Boise -- Bernt: Me, too. Milam: So, it is -- it is a step in the right direction. I don't love it. I don't really feel like it 22 resembles a lot of the things that I marked in the book, like -- the marketplace front. I think that was one that I also really liked. I do think the front of Walmart looks better and -- I guess I'm a little bit frustrated, because after seeing the pictures of the San Luis Obispo Costco, which I like, maybe -- maybe even in gray. But we were really -- we were given like pieces of three different buildings across the country to pick from and what really would have been helpful I think for us and -- and the residents, have a meeting with them -- and I'm sure you have photographs of all of your stores -- is a photo album. Go to this photo album, tell me what you -- what you like and you're never going to get a hundred percent consensus on one thing, but at least get an idea and, then, there will be I think somewhat of -- of likeness in -- in a certain type of project. We don't need a hundred pictures of just a square warehouse, but anything that is slightly different -- I think just having a photo album would have been much more helpful and having a meeting where people will show up and to hear that this house is packed and nobody came to help you on this -- because they didn't know about it. And so, yes, minimum noticing required -- requirements, maybe, but this is a huge -- as many meetings as you have had, as many people that have come out to contest it -- like I would think you would go to the extreme and make sure everybody knows, so you can get that input, so that they wouldn't even be here. I wish you would have walked in tonight and this -- I have done this process and people are like, okay, this looks good and it would -- could have been a really easy yes. But because that didn't happen it's -- we are still ending up with a -- a box that's just a little bit prettier box. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I mean I haven't been on Council for super long, two and a half years, and in that two and a half years I have received maybe one, possibly two, e-mails or anything ever in favor of a project. We have always -- you know, we receive -- we receive hundreds of things against things. But with this project we received well over a thousand e-mails in favor of it saying, yes, do this and we wanted to make sure that it was right for the neighbors and so we did something that we haven't done otherwise in my term and said, okay, we are approving this, but come back, we are going to have the Council decide on exactly what it's going to look like. So, that's why we are here today. But we have approved the project and we all agree it seems that this is certainly prettier Meridian City Council Meeting Agenda August 7, 2018 — Page 158 of 572 Meridian City Council July 24, 2018 Page 46 of 112 than the other two existing in the valley. I mean we could go -- we could have this meeting with a thousand tweaks, you know, for a next thousand weeks and we are going to have just as many people upset, because they don't want the Costco and many people upset because we never got it done and got it approved and is it really our job to -- I think we -- to be of service to the citizens we took a step further than really was our job in saying we are going to have Council approve a rendering. They presented us a beautiful rendering. Do we need to spend the next several weeks or months or years 23 tweaking it? Cavener: Questions for the applicant? Sorry. Sorry, Madam Mayor. De Weerd: Mr. Cavener. Cavener: So, I just was curious. There is a lot of discussion and the applicant is here, I just didn't know if -- if anyone had additional questions for the applicant while he's -- he's standing here. De Weerd: I thought maybe you did. Cavener: No. De Weerd: Are there any further questions for the applicant? Do you have any further comments? Kahn: I did, but it slipped my mind. So, I guess I will say no. De Weerd: Your architect, any -- any comments? Kahn: Steve? Bullock: Thank you, Madam Mayor. Just a couple -- De Weerd: If you will just restate your name for the record. Bullock: Steve Bullock. MG2. De Weerd: Thank you. Bullock: I heard a lot of comments today where people are trying to characterize this building is being just a cart -- excuse me -- a concrete block and the one thing I wanted to make sure to emphasize to you is that the only place where -- we are using concrete is as -- as an accent decorative item even. There is not a single bit of bare concrete stem wall coming up. Yeah, a lot of warehouses are actually tilt -up concrete buildings, which is bare concrete or -- or a plain metal siding warehouse and -- and that is not what we are doing at all. What we are doing is -- is -- the only places we are using concrete are -- like on this image is those decorative concrete pilasters that are actually Meridian City Council Meeting Agenda August 7, 2018 — Page 159 of 572 Meridian City Council July 24, 2018 Page 47 of 112 going to have score marks on them and -- and things to make them look really attractive and -- and, otherwise, we are doing a stucco building with split face CMU, with architectural metal panels that actually kind of look like a version of a wooden siding and it's in -- in my opinion very far from a standard warehouse type building. You know, we always kind of struggle when we are -- when we are building models like this and we try to render them as accurately as we can, but they never are like a photograph and -- and that's partly why when we were soliciting comments we showed a lot of photos, because photos do have a real -- realism to them and, you know, I believe that this is a very attractive building. I'm -- I'm super excited about it. There is things that we can do to it, yes. We -- we can look at making some changes to the color scheme if that's something that's really a major concern there. There is -- there is some other things that we can do here. But I believe that a lot of things that people talked about that they liked are incorporated into this building. There are seating -- a number of seating opportunities at the front entry canopy along the whole length of it, in -- inside the -- 24 inside the canopy or outside the canopy with those -- with those benches, those integral benches. There is lots of different materials that mimic wood or, you know, that -- the structural steel is -- is -- is like a wood trellis, just at a bigger scale and -- and we believe that it has a lot of the features that people said they were looking for, they just aren't recognizing what's there. That's my feeling. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple questions for you. Bullock: Yes. Cavener: Steve; right? Cavener: Steve, you mentioned soliciting comments and feedback and, obviously, I know the opinion of the Council was asked. Can you share with us the other tactics you used to solicit feedback or is it just from the Council that feedback was solicited? Bullock: It was from the Council and -- and staff. And, then, we -- we just -- and the neighborhood notice hoping to -- to meet with people and -- and had a number of boards out to talk to people and no one showed. Cavener: Madam Mayor, an additional question. Steve, Peter mentioned in his testimony that he -- as the applicant you guys are open to some further discussion and make some improvements, tweaks and -- and based on maybe some of the feedback from the public and the Council if that comes tonight. Should that be the direction that Council would want to go, how much time do you think that you guys would need? Is it something that you need two weeks, four weeks, ten weeks? Give me a ballpark. Meridian City Council Meeting Agenda August 7, 2018 — Page 160 of 572 Meridian City Council July 24, 2018 Page 48 of 112 Bullock: Are you suggesting that we meet with the neighbors -- neighborhood? Cavener: Madam Mayor, if I may. I think that's entirely up to you. If it was me I would. In light of the feedback that I heard, I would -- I would be proactive on that. I'm not saying that you -- again, this is a lot of hypothetical, but I'm just more asking about the time that you would need to reflect some of the changes, if you so choose on the feedback that you heard and may hear from Council tonight. Bullock: Yeah. That's got to be something that Peter and I just have to sit down and talk over. I don't know that I can give you a time frame right now. Cavener: Fair enough. Thank you. De Weerd: Well, if you heard enough from the neighbors to know what some of those -- you keep mentioning that this is to mimic wood and -- why didn't you make it look like wood then? Bullock: I believe some of it does look like wood. De Weerd: Gray wood? Bullock: I mean painted wood. I mean you want -- you want it to look like raw wood? De Weerd: That's warmer and those are some of the comments that I heard -- you know. And I know you sought feedback from the Council and -- and staff, but, you 25 know, if you want to make it warmer using some of the earth tones and -- and I never equated that to wood, but, you know, I -- I think wood would soften the look of it. Bullock: And that's what I was saying, I guess. We can look at some color schemes that would change things and -- and -- and give it a slightly different feel and we can use a warmer color tone -- color palette. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I think maybe what the residents are saying that maybe -- maybe this is just a hair too contemporary, maybe. That -- maybe that's another thing that they -- that they -- I noticed that they said once or twice. Bullock: Thank you. De Weerd: Thank you, Steve. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 — Page 161 of 572 Meridian City Council July 24, 2018 Page 49 of 112 De Weerd: Mr. Palmer. Palmer: At the end of the day, while we want to make sure everybody's, you know, happy go lucky friends with each other. This is not a piece of property that the neighbors own. This is the property that's going to be developed as a Costco, as a -- the project has already been approved. Again, it's at the intersection of a seven lane state highway and a five lane arterial road. It just blows my mind that -- that this isn't an appropriate structure for right there. I feel like it goes way above and beyond what was necessary. Madam Mayor? De Weerd: Mr. Palmer. Palmer: I don't know. Maybe everybody else wants to continue the public hearing, so I will hold off making a motion until -- because I'm ready to close it and vote on it, but -- De Weerd: Okay. Any other comments from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener, Cavener: Some thoughts. Appreciate the applicant's due diligence in soliciting the Council's feedback. I was one that said I -- I don't want to be in the business of designing a Costco. On my background in the grocery business put me in probably almost as many Costco's as the applicant and Albertson's and Whole Foods and it's not my purview. We have all said I think tonight we are not architects. Nevertheless, we said we wanted to provide some feedback. We provided feedback to the applicant and based on the feedback this is what they have brought back to us. So, we are getting what we asked for. My challenge was -- I think the one comment that I put on the book that they provided us was take into account the feedback from the public and here is where my challenge lies is I didn't hear a whole lot from the public that was that dramatic about the building. I heard color schemes. Okay. I heard lose the red stripe. Applicant says they are willing to do that. I appreciate the feedback about additional 26 outdoor seating. I can't remember who said that, but I -- this is great. We need to make a sense of place. While this is adjacent to a state highway, it's also in very close proximity to a neighborhood. We need to take both of those into consideration. The hard part is there wasn't a lot that I heard that was, boy, we need to make some real dramatic changes. And I weigh that with -- you know, we talked a lot about how great the Walmart looked to what -- I don't think it looks that great. For me, the Fred Meyer is -- this isn't a Fred Meyer, though. This isn't a Walmart. This isn't an Albertson's. This is a Costco. They have a business concept and a design. Selfishly I wish what we got was more elevated than what we received, but I also didn't say give me that. I said listen to the public. The public doesn't feel like they were necessarily listened to. You also have to weigh that with they didn't participate and what I heard tonight was that the HOA was notified that there was another meeting and people didn't -- you go to this Meridian City Council Meeting Agenda August 7, 2018 — Page 162 of 572 Meridian City Council July 24, 2018 Page 50 of 112 meeting, we will go to that meeting. I'm shocked that with the amount of people that are in this room tonight and the amount of people that have been at all these public hearings before, that nobody showed up. I can appreciate as the applicant how challenging that has to be for you as well, because you have been in these meetings, you have heard from these people. Here is -- there is a lot of I guess me soapboxing to say, well, I think I would be okay with making a decision tonight. What I would like to do is take the applicant up on -- on their offer to say let's take another crack at this. Take some time, let's take into account the feedback that we heard from the public tonight. Council, if we are going to be in the Costco design business that we need to be real clear about the feedback that we are giving them as well, so that they can bring us back truly what we are asking for. I have seen Costcos that look a whole heck of a lot worse than this, but I have seen some Costcos that look at whole heck of a lot better than this. I think that we as a body, though, for the benefit the applicant and for the citizens, we are proud of our community. Like all the other communities that you serve, they are proud of their community and we want retail establishments that reflects that. Just like we want residential that reflects that. So, while I'm -- I'm open to the discussion about moving forward tonight, I think I would be much more supportive of us giving the applicant another opportunity to connect with the citizens to take our feedback and bring us back a little bit of a better mousetrap. Palmer: Madam Mayor? sTaTkyr=2 4 ■NIMUNI2 Palmer: Madam Mayor. Sonya, you had mentioned that the -- the language of the change would include the words in substantial compliance -- or with the concept. Does that give room for the architect to make, you know, minor adjustments based on what they may have heard, whether they decide -- they wouldn't have to, but if it were approved as it is, if they decided to pull the stripe or -- how far could they adjust things if this is approved as it is? 27 Allen: Madam Mayor, Council, substantial compliance is meant to be just that. I mean it should incorporate some of the same design elements, probably some of the same coloring, materials. However, it still does need to go through the design review process, so there could be some -- some changes associated with that that we don't have, you know, yet. But I would caution you to approve something that you're -- you're not in favor of. Palmer: Madam Mayor? Allen: But if it is conceptual -- De Weerd: Mr. Palmer. Palmer: I think I was clear I am in favor of it as it is, but -- so, then, let's try this. I move we close the public hearing on H-2018-0066. Meridian City Council Meeting Agenda August 7, 2018 — Page 163 of 572 Meridian City Council July 24, 2018 Page 51 of 112 Milam: Second. De Weerd: I have a motion and a second to close the public hearing. Discussion? That would mean you couldn't entertain or accept new information. Palmer: Unless we reopened it. Cavener: Unless we reopened. Yeah. Palmer: So, Madam Mayor? For discussion then. So, my intent is close it, have a vote. If Council doesn't feel that this is appropriate, then, we can reopen and continue it or we can end the saga and approve it, so that -- yeah. De Weerd: Okay. The motion is to close the public hearing. All those in favor say aye. Any opposed say nay. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve H-2018-0066. De Weerd: I have a motion to approve the application. Do I have a second? Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: My unwillingness to provide a second isn't necessarily in opposition of the project, but -- or that I -- the more that I look at this, the more that I look at the notes, the more that I take in the public testimony, more supportive I am of -- of giving the applicant a second crack at this. So, I know the applicant doesn't necessarily have an idea as far as timing. I don't want to prolong this project, but I also don't want to have this process feel rushed. So, I'm going to move that we continue item -- we will get there. Thank you, Council Woman Milam. I move that we continue Item 9-H, H-2018- 0066 to August 28th to allow the applicant to take the feedback from the Council and the public tonight and bring us back some revisions. Bernt: Second. De Weerd: Okay. I have a motion and a second to continue this, but in order to accept 28 new information you have to have an open public hearing. You can -- so, you can Meridian City Council Meeting Agenda August 7, 2018 — Page 164 of 572 Meridian City Council July 24, 2018 Page 52 of 112 continue this, but it would be prudent to open the public hearing specific to the new design and, then, continue it. Kind of doing it a little backwards, but -- Cavener: Madam Mayor, I guess on that note, then, I will -- I will retract the motion, if the second is an agreement -- Bernt: I'm in agreement. Cavener: -- and, then, I would move that we reopen the public hearing on Item 9-H. Bernt: Second. Cavener: Okay. De Weerd: Okay. I have a motion and a second to reopen the public hearing. All those in favor say aye. Any opposed say nay. Palmer: Nay. Cavener: Madam Mayor? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I would just -- now that the public hearing is open, to ask the applicant if that date is -- if that date works well or if it -- they don't need that much time, because -- I don't want to put this off longer than we need to or if that's not enough time. I don't know if they heard me. De Weerd: Well, if -- the question to the applicant is does August 28th give you enough time or too much time? Kahn: Peter Kahn. 999 Lake Drive, Issaquah, Washington. We were just talking about that and that's why I didn't hear the question. We think that schedule is fairly tight, especially if we have to get a finished product that we hope is acceptable to all the parties -- to staff so they can write a staff report. They need what we figure at least a week, maybe, more. Bullock: I guess that's the crux of the question is when would we have to turn stuff in to meet that hearing? De Weerd: Sonya? Meridian City Council Meeting Agenda August 7, 2018 — Page 165 of 572 Meridian City Council July 24, 2018 Page 54 of 112 Kahn: Yeah. I wouldn't -- I would ask that, you know, staff help us set this up so it's successful, this community meeting, so we make sure that we are getting the word out to the right community. So, what are you saying, the 11th? Milam: September the 11th. Kahn: Yeah. My problem is I leave for Europe on the 12th. De Weerd: Well, that's not a problem. 29 Kahn: That's my problem. So, could we shoot for the 11 th? De Weerd: Yes. And so that -- that means if we can get what you're proposing on August 31 st to staff. Cavener: Madam Mayor? Kahn: Sounds fine. De Weerd: Okay. Yes, Mr. Cavener. Cavener: I guess maybe, then, for -- for discussion where the 11th is our -- our workshop meeting, I wouldn't want to inhibit the public's ability to come in the middle of the afternoon when many of them have to work. De Weerd: Do it at 6:00 o'clock for a special meeting. Cavener: A special meeting. De Weerd: Uh-huh. Cavener: Madam Mayor, that's where my request was going to come, so you were -- De Weerd: Yeah. Cavener: -- two steps ahead of me. Great. De Weerd: Yeah. So, that's generally our workshop, but we can call a special meeting specific to this. Kahn: Okay. De Weerd: Okay? Kahn: All right. Perfect. All right. Thank you. Meridian City Council Meeting Agenda August 7, 2018 — Page 167 of 572 Meridian City Council July 24, 2018 Page 55 of 112 De Weerd: Okay. And, Mr. Clerk, you can help with getting it on NextDoor. Coles: Absolutely, Madam Mayor. If I can get the information from the applicants when that neighborhood meeting will take place, if you can get it to either planning or the city clerk's office, we will help distribute that information as well. De Weerd: And -- and I'm sure we can put that also on our social media. I think this is a unique opportunity to -- to plan for the community Costco and so I'm sure, you know, you will have some enthusiastic participants as well. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: With that, then, I would move that we continue his item to a special meeting on September 11th, 2018, at a time of 6:00 o'clock p.m. Milam: Second. De Weerd: Okay. I have a motion and a second to continue this to September 11th, noticed under a special meeting at -- starting at 6:00 p.m. Coles: And, Madam Mayor, before the vote is taken, do -- would the Council like a renotice to go out to the neighbors for that specific meeting date, via a postcard, newspaper, NextDoor, similar to what happened on a previous application tonight? Palmer: Madam Mayor? De Weerd: Mr. Palmer. 30 Palmer: I would say yes and I would do a thousand feet. Coles: Should that come at the expense of the city or the -- or the applicant? Cavener: Us. We pay that. Milam: Yeah. De Weerd: Okay. That motion is to continue this to September 11th. All those in favor say aye. Any opposed? Okay. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bernt: Madam Mayor, just one thing. I hope that the residents in both Bainbridge and Spurwing Greens will come out to this meeting. Please, please, please come out, because we can't continue to kick this can down the road. It's not fair for Costco. The -- Meridian City Council Meeting Agenda August 7, 2018 — Page 168 of 572 Meridian City Council July 24, 2018 Page 56 of 112 the building is going to get -- you know, it's already been approved and so we just were asking your feedback to make it a project that you're -- that you're able to call home and call it -- you know, a great place where you guys can rec -- you know, go and shop and -- and it's part of your community over in north Meridian. So, please, please, please show up. Please do your part to tell your neighbors and on our end we promise that we will do the very best job we can, along with Costco, to make sure that the people are -- you know, the residents over there are notified correctly. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just my thanks to Peter and your team for your -- your flexibility. I can appreciate the challenges of having a meeting and nobody showing up and, then, coming before the City Council and being asked to have another neighborhood meeting. I don't think that we have ever asked anybody to do that -- Bernt: Never. Cavener: -- and you're willingness to say let's -- let's take a look at this is -- is well noted and appreciated for myself personally. So, thank you. De Weerd: Okay. Thank you for joining us. I will take a five minute break and we will reconvene -- well, a ten minute at -- at 8:50. (Recess: 8:41 p.m. to 8:53 p.m.) Land 31 Attachment 4 Minutes of City Council Meetings October 6, 2018 F. Public Hearing continued from August 11, 2018 for Costco Wholesale (H-2018-0066) by Costco Wholesale Located generally at the southwest corner of W. Chinden Blvd./SH- 20/26 and N. Ten Mile Rd. 1. Request: Modification to the Development Agreement to include conceptual building elevations De Weerd: Okay. Item 9-F is a public hearing continued from August 11, 2018, for Costco Wholesale, H-2018-0066. I will open this with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is the development agreement modification for the Costco site. This project was last heard by the City Council on July 24th. At that meeting Council voted to continue the project in order to allow the applicant time to work with the neighbors to come up with a building design more compatible with adjacent residential areas, taking into consideration feedback from neighbors presented at the public hearing. The applicant and the design team held two additional neighborhood meetings, August 14th and September 11th , at which they worked with the neighbors to come up with revised building elevations that have more of a residential feel, with earth tone colors, rather than industrial with gray tones. There was a couple tweaks made to the site plan as shown and I will just run through these quickly. Materials for the building consist of stone, brick, stucco, glass, steel and architectural metal siding panels. The project was Meridian City Council October 6, 2018 Page 14 of 33 renoticed for tonight's hearing and notices were mailed out to everyone within one thousand feet of the boundary of the site at the direction of City Council at the last hearing. I will just run through some additional drawings the applicant submitted. The structure is subject to the design standards listed in the architectural standards manual and will be reviewed for compliance with such with the design review application submitted with the certificate of zoning compliance application. Since the Council hearing on July 24th written testimony has been received from Justin McMurdi, John Wright, Emily Piscione, Jane Albert, Tom Callison and Dinah Gallo. Staff will stand for any questions. I believe the applicant is here to present. De Weerd: Okay. Council, any questions at this time? Cavener: Not right now. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Kahn: Good evening. Peter Kahn. Costco Wholesale. 999 Lake Drive, Issaquah, Washington. De Weerd: Thank you. Kahn: Nice to be here in front of you again. I think we have a good story to tell. We last met, as staff mentioned, on July 24th and we held two community meetings. I want to thank the community. They were very very well organized, had lots of good ideas. I feel that we have worked really hard to incorporate as many as those as we thought we could or work with a cohesive design that we all ended up with. I want to particularly thank Jane Albert, who was one of the community leaders and spokespersons for the community and Denise Hansen La Fever, who also was instrumental in organizing the community and getting their feedback and making sure we at Costco got that feedback. So, we have a design that's quite a bit different from what we showed you on the 24th. We moved away from the tech industrial design and we have come back I think with something, as the staff mentioned, that is warmer, more fitting for the residential area. The comments that we have gotten from the community, most of them are favorable. As you know you can't please everybody all the time, but I think we came a long way in pleasing most of the people that participated in the process and we will walk you through the design now. With me tonight are Steve Bullock from MG2, Charlie Ekblad from MG2. He was the principal designer on it and, then, Mark Weisman, our landscape architect. With that I will turn it over to Charlie, who was the principal designer, as I said, and he will walk you through the design. Thank you. De Weerd: Thank you. Good evening. Ekblad: Good evening. Charlie Ekblad. 1101 2nd Avenue, Seattle, Washington. 98101. Do we have our -- the submitted presentation or should I just go off of what we have here? Thank you. Yes. Okay. And, if not, I can go off of what we had, but -- thank you. So, as it's been discussed, we really wanted to focus on both site design Meridian City Council October 6, 2018 Page 15 of 33 and building design and how those can really come together and so we focused on -- heard from the neighbors on the site. They want amenity spaces for pedestrians, connectivity with the Chinden Road and Ten Mile and, then, also buffers for the buildings along the Costco south and west facades, and so here on the site plan we see -- or begin to see the nodes that are proposed throughout the site and focusing on that connectivity. The Costco site amongst the surrounding land. The buffers between the south and, then, the west sides of the building and, then, talking about how site design, landscape design, and building design comes into one, we heard the words pergola, we heard the words -- kind of creating this community spaces and amenities and so we wanted to create something in the site, but, then, also have it speak to the entry canopy and, then, also other parts of the building that pedestrians interact with and really focusing on that pedestrian scale, making what is really a rather large building get down in scale and really where the pedestrians interact and so this pergola design that is seen throughout the site is also seen on the entry canopy and so bringing in those warm colors of the materials and so we have cultured stone as a primary material -- material on the columns, secondary materials are half height, smooth faced CMU and, then, soldier coursing and trellis materials, creating these details that, again, are bringing the scale of a large building down to the pedestrian level. So, this shot begins to show -- here we have the doors down -- we call it an enclosed canopy. So, that is what it would look like for say two to three months of the year, but, really, when the weather cooperates -- as the weather permits they are going to be open. It's going to be inviting for people to come through all entrances, not just the main slider doors and those -- are even in the winter months, if the weather permits, those will be open and pedestrians could go through all of those entrances and openings between the columns. Again, talking about bringing the site design into the building and creating these pedestrian nodes. We wanted to create a space that connected with the parking lot, but, then, also the entry canopy. So, someone gets a hot dog, they now have a pergola and seats and benches that they can go enjoy that and communicate with one another. So, we had a lot of communication and conversation about the -- creating areas of focus and wanted to break up the facade, but not by discontinuing to attach things to the building and so pulling these pergola and trellis features off of the building into landscape islands, separating the buffer -- or the cars from the pedestrians and creating more of an experience along the building was a big focus of the redesign and something that wasn't really shown in the original, but through the communication with the neighbors we really wanting to create those experiences and create those spaces. The backside is -- so, this is the south side of the building -- south and west side and it's really meant to be modest. It -- it continues the same language of the rest of the building, same materiality, same corner treatments with the cultured stone, mixed with the smooth face and continuing that trellis, but we wanted this to be modest. It has a big buffer on the south side from any of the multi-family residential, but that's just -- that's what it wanted to be in, so that's what we let it be. And, then, continuing to the east -- on the north side we have those landscape islands pulled off from the walkway, but here with the functions of the tire center and everything we were unable to do that, but, secondarily, we did -- we were allowed to put some planters and so the focus of these planters, not only cooperating with the corner piece as it wraps around the pilasters of cultured stone, but was to create these points of interest between these landscape islands that you see Meridian City Council October 6, 2018 Page 16 of 33 on the right with the trees and so as you make your way around the building the facade continues to be broken up with the landscaping, again, interacting -- the building and the site all is one. And kind of in conclusion, this is the elevations and so what we really kind of tried to focus on is a consistent language and a consistent rhythm throughout the elevations and throughout the -- throughout the building overall. And, then, finishing off with the fuel facility in the northeast corner of the site and, again, talking about the cohesion of the design and the materiality, bringing in what you see at the entry canopy of the columns of the three types of stone, cultured, smooth face and, then, the soldier coursing on top, bringing that all together and so that concludes. Thank you. De Weerd: Thank you. Council, any questions for the applicant? Okay. Thank you very much. Mr. Clerk. Coles: Thank you, Madam Mayor. Jane Albert wishes to testify on this application. De Weerd: Good evening, Jane. If you will, please, state your name and address for the record. Albert: Good evening. I'm Jane Albert. 6628 North Salvia Way in Meridian. De Weerd: Thank you. Albert: So, I -- I must reiterate my opposition to the project and my acting as the liaison with Costco for my neighbors to discuss the design concepts in no way implies that I have changed that view, but in this endeavor I represented both those who are in favor of the project, as well as those who were opposed, for each -- in each case we desired a building and grounds that are compatible with the neighborhood and offer as much screening of the warehouse building and fuel center as possible. Our process was that I held two neighborhood meetings and presented views of 20 different elevations of Costcos from around the country, submitted by neighbors and sourced by me. Neighbors commented on each, as well as making general comments with their suggestions and concerns. We presented the information to Costco at their neighborhood meeting held on August 14th, as well as posting our original sheets for others to review and comment upon at that meeting. The sheets were, then, scanned and provided to Costco electronically, in addition to the information and comments that they received on various design elements that they presented in the meeting. I also submitted them on the record. After I disseminated all of the views of the design elements, including those presented by Costco to the list of neighbors with which I communicated on the project, requesting input from those who were not able to attend the Costco neighborhood meeting. At that first meeting I think that Costco noted on their signups -- there were about 40 people. I represent about 77 that are on that list, so I would say given the cross there we are probably talking about a hundred people who presented input for us or were given the opportunity. At the second Costco neighborhood meeting on September 11th they came with an updated landscape and building design and, again, solicited feedback from neighbors, which was provided. After incorporating that feedback and design and materials, Costco provided us with the Meridian City Council October 6, 2018 Page 17 of 33 update drawings, substantially the same as those provided to the city. I, then, again, a selected -- solicited input from our -- our neighbors and communicated those to Costco and those comments are included with their submission to the design and in closing all the neighbors are appreciative of the opportunity to truly participate in the process with additional neighborhood meeting -- meetings as called for by the Council, the required noticing expanded by the Council and Costco increasing their outreach to those who testified during the prior proceedings. We know that these steps didn't have to be made, we know that Costco really stepped up beyond, listened to the neighbors and we are very grateful for that. Thank you. De Weerd: Thank you. Coles: Rich Burke has also signed up to testify. Burke: Hello, Mayor and Council. My name is Rick Burke. 6092 North Santa Rita, Meridian. 83646. De Weerd: Thank you. Burke: I really don't have too much more to add to what Ms. Albert said, but I just wanted to continue and voice my opinion in opposition to the project. It's probably going to go anyway, but with strong opposition to the surrounding neighborhood. We still feel strongly that this Costco, as much as we all love Costco -- De Weerd: This -- this hearing is about the design. Burke: Design review. De Weerd: Yes . Burke: Yeah. Well, design review or not, I still want to -- I'm in strong opposition to it. So, there you have it. De Weerd: Thank you, Rick. Burke: Thanks for your -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Rick. De Weerd: Rick. Cavener: Would you be open to a question? Rick, thanks for being here. I think you have been at every meeting that we have had on this particular subject, so I appreciate Meridian City Council October 6, 2018 Page 18 of 33 you turning out. Recognize that we are talking about the design, as someone who has been involved in this process -- and I just am curious is -- does the design better meet kind of what the neighborhood was looking for from your perspective? Understanding you're opposed to the development, but the topic here tonight is the design. As someone who has been here for every meeting, I'm just curious if you would be willing to provide some perspective about the design and the layout of the building. Burke: Well, it's -- you have to give kudos to Costco, to -- and their folks who worked with them -- with the design. It's much better than what the original plan was. I have to, you know, give credit where credit is due. They have been very gracious in putting up with us and -- and working with us on the design, as well as the concern of it going in to begin with. So, yeah, kudos to Costco for the design. Cavener: Madam Mayor, follow up. Were there -- are there any elements that they haven't included that -- that you wish would have been included or something that was taken out that you really like? Burke: Well, I think it is what it is. It's -- Costco's tried to do their part, but -- Cavener: Fair enough. I appreciate it. Burke: Thank you. Cavener: Thanks, Rick. De Weerd: Thank you. Coles: There were no other signups, Madam Mayor. De Weerd: Okay. I would like to open it up and see if there is anyone who wishes to provide testimony that did not sign up. Okay. Seeing none, would you like to close, the applicant? Kahn: I don't believe there is much to add. I appreciate the kudos and I would just reiterate, you know, much what Jane and Rick said, that everybody tried their best to work together and I think we did pretty well, you know, considering, you know, many folks are still opposed to the project and we understand that, but I felt like we were able to bridge that gap and do something constructive and creative and I think it was a pretty positive process. With that thank you. De Weerd: Thank you. And I would just like to thank Jane for your coordination and being able -- you and Rick to set your opinion about the project itself aside and look at this as an opportunity to -- how many communities actually are asked to design their Costco. Probably not many. To the applicant, appreciate you having the understanding that their -- the emotions are still there and still high, but reaching out and listening to what the neighbors said. I think it's a great statement that this is not a full house Meridian City Council October 6, 2018 Page 19 of 33 because of those efforts that you offered to be heard. So, thank you for that. Council, any questions for the applicant or those that testified? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Unless anybody does, thanks for sticking with us. Oh, man. I move we close the public hearing on Item 9-F. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve H-2018-0066. Milam: Second. De Weerd: Okay. I have a motion and a second to approve Item 9-F. Any discussion from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Kind of echoing what Madam Mayor has already said, but thank you for your cooperation and I know that on both sides this has been a really tough and emotional kind of roller coaster for -- for all of you involved and thank you for -- for being here and for coming back and -- and working together to come up with a -- with a resolve. It is a much nicer building and, you know, people were hard on us for making you go back and redesign it, but I really like what you came back with a lot better than what you had before and so working with the neighbors, obviously, helped and the landscaping is beautiful. Hopefully all your -- your flowers are purple all year around. That's all. De Weerd: Any other comments? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council October 6, 2018 Page 20 of 33 Bernt: I wanted to take a second and thank Jane and Denise La Fever, who is not here this evening. Usually she is. And other familiar faces in the front row who have been here. Rick and others who have been here expressing concern and support of this project. I think this is a perfect example of what can happen when there is collaboration involved between development -- development and -- and local neighbors. If there is one thing that I have learned since I was elected to sit in this seat is that, you know, we are never always going to agree. That's just something that's -- it's very difficult to attain, but I always strive for discussion and an open door policy and I believe that there is always common ground that can be attained and -- and I believe in this -- this effort. I want to thank Costco and the local neighbors for their collaboration and what they have been able to do to come out with an end result like this. So, thank you so very much and, hopefully, those who are listening and watching can learn from this and, hopefully, we can continue this type of collaboration going forward. Thank you. De Weerd: Any further comment? If not, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. Thank you again.