HomeMy WebLinkAbout2025-09-02 Elwood Kleaver
Elwood I Kleaver, Jr.
3855 W Sunny Cove Lane
Meridian, Idaho 83646-7263
Telephone 208-830-5998
elwoodkleaver@gmail.com
September 2, 2025
Mr. Robert Simison, 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 & Lost Rapids
CUP - H-2024-0058
Dear Mayor and City Council Members:
My name is Elwood Kleaver, and I reside in an age qualified Brighton +55 Community at
Bainbridge comprising 165 homes that were included and approved as part of the initial
Complex project in 2018, that at the time was commonly referred to as Costco in Meridian and it
is located on the immediate west side of the Complex facility.
I am writing this letter in response to the In-N-Out Burger, Applicant (“Applicant”) Appeal letter
and accompanying documents filed on June 17, 2025, contesting information regarding their
Initial Application as well as their Appeal letter with attachments referenced above.
Allow me first however to recognize our Honorable Mayor for his recent presentation on the
State of the City Address this past June / July when he delivered a report emphasizing Safe
Streets, Strong Schools and Strategic Growth. He went on to indicate that Meridian is stable
and remains focused on matters of importance including, like keeping our community safe,
protecting taxpayer resources, enhancing quality of life and addressing challenges and
opportunities. I am sure all Meridians would support those initiatives along with those that are
directed towards raising families and supporting safe positive initiatives.
Applicant’s Initial Application
In my initial letter to the “City” on April 7, 2025, I noted that Mr. Scott, the In-N-Out Burger
the Applicant’s representative, indicated to me along with some 50+ other residents during a
video conference session where we and others had an opportunity to ask him questions including
how many site locations, in addition to Ten Mile & Lost Rapids location, had they
considered or evaluated. He indicated there was only one site explored, Ten Mile and Lost
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Rapids. As a former senior executive in numerous organizations, I thought his response was not
only self-limiting but surprising; especially when considering an area like Meridian where there
is an unlimited number of growth opportunities available for consideration. I am not indicating
that there is anything illegal about considering only one site location, but it is curious in a
market like Meridian where, as stated, there were numerous alternatives available.
Some of you may remember the initial and extensive background analysis that I did regarding an
in-depth multi-year review of the Meridian City Councils goals, objectives and strategies
provided in summary form as part of my letter in addition to the detailed Meridian City Annual
Reports, the Mayors’ personal summary reports to Meridian citizens; a history of Meridian City
Councils leadership since 2018 to present time; an excerpt from the Minutes of October 6, 2018,
“City” Council Meeting; along with my personal description of existing current traffic
experiences that I and other area residents have encountered in and around the proposed project
site. I did that analysis because I felt, as someone new to Meridian, although not to the Treasure
Valley, it was important to understand the basis and dynamics of the initial Complex
development agreements at the time and to better understand the Applicant’s decision for
selecting the site location in the Complex and how it aligns with the initial agreement developed
by the participating parties in 2018.
I would like to briefly reflect on a few of those to establish a basis for making additional
comments relative to the overall application and the Appeal process going forward.
Noise and other abatement restrictions for the Complex
When the Complex was initially approved the Meridian City Council imposed a noise and
lighting abatement program whereby certain limits were imposed on hours of operation, noise
and lighting to accommodate the decorum of the surrounding residential neighborhood
communities along with possibly other issues. I would strongly encourage the City Council to
continue to support those constraints on all Complex applicants that would otherwise disrupt the
current balance of peaceful calmness in and around the surrounding areas. That of course would
include limitations on noise abatement which exists between the hours of 11 PM and 5 AM.
Costco, a few years ago did apply for a reconsideration of this limitation, however the Meridian
City Council denied their request.
Please note there may be others, but I am sure the Meridian City Planning and P&Z Department
can provide you with all relevant agreements and limitations on occupants within the Complex.
Recent early evening re-visit to the current Complex area to get a first-hand experience as
to how the transition from a busy business workday environment transforms into a quiet
early evening environment like the adjacent residential neighborhood communities
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I again revisited the Complex to see first-hand if there was in fact a transition and if so, what
does an evening experience in the Complex look and feel like. There was a definite sense of
change taking place as things were slowing down as the Complex was adhering to the anticipated
expectations that the initial parties had contemplated. Across the street in adjacent local
neighborhoods, it was not significantly different other than for children and families returning to
their homes and bicycles and toys were being gathered up for the night. As I walked back over
to the Complex there was even less activity than I experienced earlier in the evening.
I would invite everyone, City Council Members, Applicants and interested parties alike to
experience the transition that quietly takes place and then ask yourself if this is something like
you experience in your own residential community, except for two long-standing restaurants that
are open and quietly serving customers.
Brief excerpt from the Minutes October 6, 2018, City Council Meeting with an Opponent of
the Costco Project Location Project That I found Relevant to the Scope and comprehensive
Nature of these meetings (Please note that the following were taken directly from the
“City” Minutes and some of the discussion may not appear to be a complete sentences).
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.”
Applicant’s Application, Appeal and Traffic Considerations
As I begin to discuss several specific matters, I would like to remind everyone that the Complex
and the Applicant ‘s request is not for a commercial development located along Eagle Road,
Overland Road or I 84. It is for an isolated commercial oasis surrounded by a multitude of
residential communities where families have been raising their children, and their
communities are enjoying all that the City Councils have been striving for over the past
years. It was created in 2018 by the then Meridian City Council after an extensive process
whereby City Planners, Meridian P&Z staff and Council and nearby residential
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neighborhood communities and Commercial Developers spent hours, days, weeks and
months working together for what has been described as a precedent setting approach to
establishing a working solution for all concerned.
The “Applicant” today purchased a portion of the Complex property from a commercial
developer who was a crucial and integrate party in the process described above and executed
existing documents memorializing the understandings between the relevant parties in 2018,
including those to whom he would eventually sell property (the Applicant). It is coincidental,
although not illegal, that the party who executed the above referenced documents; and the person
who appeared as the Applicant’s spokesperson on their initial Video Conference (referenced
above); also authored a highly disparaging letter to the Meridian P&Z Council regarding the
P&Z staff; and who was the spokesperson who appeared and testified on behalf of the Applicant
on April 17, 2025, at the Meridian P&Z Council meeting, are both residents from Utah. As for
the Applicant’s spokesperson’s presentation and demeanor at the April 17, 2025, I would refer
you to the Meridian P&Z Council.
Moving on to Traffic related issues the Applicant’s appeal documents go to great lengths to
address the successful completion of Hwy 16 and how they anticipate it will reduce certain
traffic significantly on Ten Mile and by inclusion Chinden between Hwy 16 and Ten Mile.
Logically, I would agree with their assessment that there should be some reduction in traffic once
Hwy 16 is completed between Hwy 84 and Hwy 44 (State Street) and beyond.
In the current morning hours, there is very little traffic entering or exiting the Complex from
either west or east bound Chinden that eventually uses Ten Mile to head south, most probably
heading to I-84 and then destinations east and west.
However, in the afternoon there is a great deal of traffic heading north on Ten Mile that turns
west on Lost Rapids to either enter the Complex after a short difference or continue west to their
residences further down the street.
As we look around the Meridian and adjacent communities, including those South and West as
well as those immediately adjacent to Ada County in Canyon County where there are
multiple residential community sites under construction as well as a plethora of undeveloped
properties that would be ideal for additional residential communities in the pre-planning and
undeveloped stages that could impact any previous forecasting models.
Even though, we are in Meridian, Idaho, where residential and commercial traffic routinely
crosses over city and county lines, without even thinking about it, effective community
planning must conduct a broad review if it intends for its results to be valid. Applicants at
the same time must acknowledge and understand the impact that their required high
volumes of traffic to support their business model will have on residential neighborhood
communities. So far, this issue has been oblivious or just ignored by the Applicant along
with the consequences of what their business expectation will have on neighborhood
residential communities. These competing objectives will require additional levels of
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planning and challenging considerations for our City Council leaders that are not too
dissimilar from those that the City Council leaders of 2018 addressed with conviction.
To move forward with the process today I thought it would be helpful to sequence and separate
issues as they are perceived by area Meridian residents who will be directly affected by the
outcome of your deliberative process. I also think that the Mayor’s July 2025 recent report to
Meridian residents and citizens for a continuation of Taxpayers Resources, Enhancing
Quality of Life, Addressing Challenges and Opportunities, Public Safety and access to
healthcare, sets a tone for proceeding with the matter before the Meridian City Council on
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September 9 in a positive and expeditious way for its citizens and the process itself.
First, so far, as referenced above, there has not been any official Meridian “City”, County,
State agency or other entity that has come forth in a public meeting to address Meridian
citizens in and around the immediate Complex area with any updates regarding current
residential neighborhood community developments and traffic projections.
Second, to state an obvious and acknowledge the elephant in the room, the Applicant has
selected a location in the Complex that is not only within 300 feet of an existing drive
through restaurant establishment, along with other issues but the Applicant’s has a business
model that requires extremely high volumes of customer activity for a fast food company
that would be located immediately off of Lost Rapids Drive, a busy residential street that
already encounters traffic congestion periodically throughout the days and weeks with existing
traffic.
Third, the Applicant has provided a study from their traffic consulting company and
concluded that there is no current traffic or safety problems, nor will the Applicants’ site
location overly increase traffic or cause any additional problems, including safety for area
residents and families in the immediate area. The Applicant, I am sure has realized from
monitoring letters to the Meridian City Council, as have a large number of area residents have,
that there are strong differences of opinions between the Applicant and area residents that most
likely will attract a record turnout at a Meridian City Council Meeting scheduled for September
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9 to discuss the Applicant’s initial application and appeal filing.
Fourth, as a baseline there needs to be a study of existing and forecasted Complex area traffic
activity at all entrance and exit locations by Days of the Week and Times of the Day (hourly);
and the Applicants needs to provide the same information by three separate categories:
large volume stores, medium volume stores and low volume stores (with some description
of what constitutes large, medium and small in their determination by actual numbers ) by
Days of the Week and Times of the Day (hourly) and what volumes of traffic levels are
projected in order to make their Ten Mile / Lost Rapids location profitable (not looking for
dollar volume but traffic) and sustainable for them to make this investment. Together the
Meridian P&Z staff, Council and advisors can compare and merge traffic activity levels and
provide meaningful information to the Meridian City Council to make an informed decision.
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Fifth, I and probably others have heard current Meridian City Council members indicate at other
applicant site reviews that once a project is approved by the Meridian City Council there is not
much more the City council can do to control what happens in and around the immediate
area afterwards. If that is true, who does? I acknowledge and accept that Meridian City
Council meetings are not designed to allow non-member Members to interrupt and ask questions
even though the issues may be significant to those attending the meetings, however the
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September 9 City Council Meeting would be an excellent time for the Mayor or someone
else in authority to clearly describe the City Council rules and authority on the specific
question addressed above.
Sixth, continuing with recommendations, if there is the potential for significant traffic
congestion problems in and around the Complex, related to this Applicant, it most likely
will be at the Lost Rapids entrance /exit. If so, who other than the Meridian Police
Department would have the legal authority to resolve safety and traffic congestion in the
area. Secondly, what should be the standard protocol for residents or other affected
individuals to use to request assistance for all those who may have legal authority to
address the traffic congestion. Thirdly, how long do area residents have to put up with it
without any remedial relief?
Seventh, continuing with recommendations. The Applicant included the idea of existing
community pillars as a consideration for their selecting only one north Meridian location at
all, let alone in the Complex.
I would like to suggest that a pillar in a community may be a benefit to one party and a
possible be a determent to others. There is a prominent LDS community center located on the
south - west corner of Ten Mile and Lost Rapids which includes a large parking lot on its
immediate grounds and a secondary building across the street (Ten Mile) with two smaller
parking lots to accommodate parishioners and ministry activities. Although I am not familiar
with any study per se, I have frequently heard that attending church members have been
raising safety concerns within their Church community about the current situation let
alone the Applicants proposal.
So, from the Applicant’s vantage point I can understand why they would very much like the
advantage to being close to a prominent Church; however, for the Church participants, who
mostly drive, but many also walk from neighboring residential communities raising another
level of safety concerns may on the other hand not look at the Applicant’s anticipated advantage
with much enthusiasm.
Eighth, continuing with recommendations. On the east side of Ten Mile, Meridian’s Heroes
Park is large and beautiful athletic gathering location which hosts a series of activities for
families and children starting in early spring months and lasting through late summer months. It
is also used year-round for walkers, runners, bikers, etc., wishing to enjoy the outdoors while
exercising. During the summer months the weekends draw large crowds of families, children
and onlookers as multiple games of different sorts are going on simultaneously. Although I do
not have an actual count, I would assume there are hundreds of families and children
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somewhere just short of a thousand people at any one time there with different age groups
coming and going during the day.
I think it be fair to say that if I were the Applicant in such proximity with large numbers of
children who have been running and playing with vigor for hours, I would welcome the
opportunity to be close to a large city park. However, when you consider the traffic flow
dilemma described in the following paragraph, you might look at it a little differently. It was
also surprising the although the Applicant considered the Park to be a Pillar within the
community, their traffic consulting company did not mention Heroes Park.
Traffic leaving Heroes Park wishing to go to the Applicant’s location at Ten Mile and Lost
Rapids would have to exit on to Ten Mile going north and then execute a left turn on to Lost
Rapids going west and then a quick right turn on the Complex. The current Ten Mile north
turn lane at Lost Rapids can currently accommodate approximately 7 or 8 cars and the
remainder of cars while additional cars would have to remain in the left lane of the two
north lanes heading north with approaching traffic from the south traveling a 40+ MPH. It
is already a frightening experience for area residents, and the Applicant’ proposal would
further exacerbate and compound an already dangerous situation as there has been no
mention of having to significantly enlarge the designated left turn lane.
Ninth, a process going forward. There is a sense by many in the immediate residential area that
this Applicant and its business model will forever change and deteriorate our neighborhood
community and forever change the environment and community that we have come to expect
and enjoy over the past several years. We have also heard from residents who experienced an In-
N-Out locating in their communities in other parts of the country and they are consistently
disturbing and not in the best interest of those residing in the immediate area. I would
encourage you to proceed cautiously and exercise the good judgement and values as you
and your colleagues did back in 2018.
In closing, I thank you for the opportunity to participate in this community process and
congratulate you for your dedicated service to our community.
Respectfully Submitted,
Elwood I Kleaver, Jr.
Elwood I Kleaver, Jr.
Immediate Area Resident
7
Charlene Way
From:Robert Simison
Sent:Tuesday, September 2, 2025 8:21 AM
To:elwoodkleaver@gmail.com
Cc:Clerks Comment; Bill Parsons
Subject:FW: Resident Letter regarding In-N-Out, September 9, 2025 City council Meeting
Attachments:Letter to City Council (from backup 2).docx
Mr. Kleaver,
Thank you for reaching out and sharing your thoughts about the proposed project. Your email has been received by
the Mayor’s Office. Because this project is part of an open application, the City Council members and I are
prohibited from commenting outside of the public hearing process. That said, we take public feedback seriously
and want you to know that we have received your email and have read your comments.
Your email has been forwarded to our City Clerk and will be included in the project public record. As you may be
aware, the City does not determine which food service or business locates at a property, the City regulates the
land use of various properties while businesses decide to locate at given sites or areas based on market
conditions. This project’s City Council public hearing is currently scheduled for Sept 9. Additionally, we invite you
to check the City’s website, meridiancity.org for any upcoming public hearing notices and additional information
regarding the development. I have also copied the Planning Department if you have additional questions on
hearings, or should that date change.
Sincerely,
Mayor Robert Simison
City of Meridian
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Elwood Kleaver <elwoodkleaver@gmail.com>
Sent: Tuesday, September 2, 2025 5:19 AM
To: Robert Simison <rsimison@meridiancity.org>
Subject: Resident Letter regarding In-N-Out, September 9, 2025 City council Meeting
External Sender - Please use caution with links or attachments.
Elwood Kleaver
elwoodkleaver@gmail.com
208-830-5998
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