HomeMy WebLinkAbout2026-04-14 Regular Meridian City Council April 14, 2026.
A Meeting of the Meridian City Council was called to order at 6:05 p.m. Tuesday, April
14, 2026, by Council President John Overton.
Members Present: Luke Cavener, Liz Strader, John Overton, Doug Taylor, Anne Little
Roberts and Brian Whitlock.
Members Absent: Robert Simison.
Other Present: Tina Lomeli, Bill Nary, Bill Parsons, Nick Napoli, Dave Miles,
Warren Stewart, Chris McGilvery, Steve Taulbee and Dean Willis.
ROLL-CALL ATTENDANCE
X Liz Strader X Brian Whitlock
X Anne Little Roberts _X_John Overton
X Doug Taylor XLuke Cavener
Mayor Robert E. Simison
Overton: Good evening, Council. The meeting will come to order. For the record it's
April 14th, 2026, at 6:05 p.m. and we will begin this evening's regular meeting with roll
call attendance. Madam Clerk.
PLEDGE OF ALLEGIANCE
Overton: If you would, please, all rise and join us in the Pledge of Allegiance.
(Pledge of Allegiance recited.)
COMMUNITY INVOCATION
Overton: For tonight's community invocation we have Sandra Ramirez.
Ramirez: Well, good evening, Members of the Council. It is a privilege and an honor to
stand before you as a minister of Christian Faith Center, but also as an employee here
at the City of Meridian and so with that I would just like to open this up in prayer. Father,
we come before you, Lord God, and I just thank you, God, for the opportunity, Lord. I
thank you, Lord, for each one of these council members and our mayor, Father, for the
leadership, Father God, that you have appointed, Father, over this City of Meridian,
Father God. I pray, God, that every single decision that they make Lord God, is -- is
founded on you based on you, God, that there is unity amongst this council, Father,
and, Lord, may their leadership, Father, bring honor and glory to you. May you bless all
of the first responders, Lord, that represent the city here in Meridian, Lord God. Every
employee, Father, would you bless them. And, Father, may we bring you honor and
glory and we say all of this in Jesus' name, amen. Thank you so much.
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ADOPTION OF AGENDA
Overton: Thank you, Sandra. Next up is adoption of the agenda.
Little Roberts: Mr. President, I move we adopt the agenda with the removal of No. 5.
Whitlock: Second.
Overton: We have a motion and a second to adopt the agenda removing Item No. 5
from the Consent Agenda. Is there any other discussion? If not, all signify the approval
by saying aye. Opposed nay? The ayes have it. The agenda is approved.
MOTION CARRIED: ALL AYES.
PROCLAMATIONS
1. Month of the Military Child Proclamation
Overton: Next up is a proclamation. I will step down to the microphone below. Julie,
would you join me up here. Tonight's proclamation is for our children and youth of
military members. From the Office of the Mayor. Whereas April is the Month of the
Military Child and is an opportunity to recognize military children for their courage,
personal sacrifices and resilient spirit and whereas the strength of our armed forces
come not just from those who wear the uniform, but from the families who also serve on
behalf of our country and whereas military children continue to make significant
contributions to family and community as they endure prolonged and repeated
absences of one or both parents and adjust to families moving on an average of two to
three years and changing schools and whereas these children and youth are a source
of pride and honor to us all and it is only fitting that we take time to recognize their
contributions and celebrate their spirit and whereas the Month of the Military Child will
recognize military children serve to and citizens of Meridian will be afforded the
opportunity to dawn the color purple every Friday in April in support of these children.
Therefore, I, John Overton, President of Meridian City Council, on behalf of Mayor
Robert E. Simison, hereby proclaim April 2026 as Month of the Military Child in the city
Meridian and encourage all residents of our community and communities across the
country to observe the month for military kids and to wear or display purple to honor and
support and thank our military children.
Villagomez: Good evening, everyone. My name is Julia. I am the Idaho National
Guard Child and Youth Lead Coordinator out in Gowen Field. I just wanted to thank the
City of Meridian for recognizing April as Month of the Military Child. I personally am not
a service member, but I have worked in youth development and specifically with military
audiences, so getting to see how resilient and how the youth have been able to adapt
through adversities is really amazing. We would like to thank you guys again from the
program and also to those service members who may currently be deployed and their
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April 14,2026
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children having to navigate how to overcome that and that we hope that their family
members come back safe.
Overton: And, Julia, one -- one quick comment. The Mayor is out of town, so I have the
opportunity to give this proclamation tonight and I couldn't be happier, because my
oldest son's been serving for 22 years and is currently sitting on an aircraft carrier --
can't tell you where. There is a lot of them. But he has been deployed now three
deployments in a row and my young granddaughter is sitting in Colorado. So, it's -- it's
hard on the families and I watch it happen all the time. So, I'm so glad that this is
happening and this is occurring. So, please, join me in a photo.
ANNOUNCEMENTS AND RECOGNITION
Overton: Council, that brings us to any announcements or recognitions.
Little Roberts: Mr. President, kind of the last minute here, but I just wanted to make
sure that everyone realized that Captain Leslie has announced his retirement and the
23rd is the last day and so just wanted to -- on the record, since I could not do it when
he was here last time, our deep appreciation for his service. So, Chris, you have to tell
him that this was done from the dais and it's probably a good thing that he is not here or
I would be in tears. So, thank you for indulging me.
Overton: Well said. Any other announcements or recognitions?
CONSENT AGENDA [Action Item]
2. Adero Park Subdivision No. 2 Sanitary Sewer Easement No. 3 (ESMT-
2026-0037)
3. Adero Park Subdivision No. 2 Sanitary Sewer Easement No.5 (ESMT-
2026-0039)
4. Adero Park Subdivision No. 2 Sanitary Sewer Easement No. 1 (ESMT-
2026-0076)
6. Modena Water Meter Easement (ESMT-2026-0080)
7. Final Order for Newkirk Subdivision No. 2 (FP-2026-0003) by Laren
Bailey, Conger Group, located at the corner of N. San Marco Way and
N. Zimmerman Way.
8. Final Plat for Apex Zenith Subdivision No. 1 (FP-2026-0006) by
Brighton Corporation, located at the southeast corner of Meridian
Rd. and Lake Hazel Rd.
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9. CCTV Camera Agreement between Ada County Highway District
(ACHD) and Meridian Police Department (MPD)
10. Fields District Well Operations and Cost Sharing Agreement Between
Owyhee Holdings, LLC; Endurance Holdings, LLC; and the City of
Meridian
11. Resolution 26-2582: A Resolution of the City Council of the City of
Meridian, Adopting the City of Meridian Historic Preservation Plan;
and providing an Effective Date
12. Resolution No. 26-2583: A Resolution of the City Council of the City
of Meridian Adding City of Meridian Standard Operating Policy 9.15,
Regarding Authorized Signatures; and Providing an Effective Date
Overton: If not, brings us to tonight's Consent Agenda.
Little Roberts: Mr. President?
Overton: Council Member Little Roberts.
Little Roberts: I move we approve the Consent Agenda, again, with No. -- Item No. 5
having been removed at this point.
Whitlock: Second.
Overton: Consent Agenda has been approved and seconded. Is there any discussion?
Little Roberts: Oh. And amendment, sir. For the Council President to sign and the
Clerk to attest.
Whitlock: Second.
Overton: Second agrees. If there is no further discussion, all in favor say aye?
Opposed nay. The ayes have it. The Consent Agenda is approved.
MOTION CARRIED: ALL AYES.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Overton: There are no items moved from the Consent Agenda to be heard tonight.
PUBLIC FORUM
Overton: Madam Clerk, was there anything on the Public Forum?
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Lomeli: Thank you, Councilman Overton. No one has signed up.
DEPARTMENT REPORTS [ACTION ITEM]
13. County-wide Impact Fee Update
Overton: Okay. Thank you. Brings us to our Department Reports, Item 13, countywide
impact fee update and we have staff Kurt delivering the message tonight.
Starman: Good evening, Council President Overton and Members of Council. Thank
you for a few minutes to chat with you about countywide development impact fees. So,
this is a topic that you are well familiar with. It's been a few months since we discussed
it, but we had several conversations in 2025 and I will just kind of refresh the -- for the
Council's benefit -- benefit, but for the audience as well, just kind of briefly recap that.
But I think Mayor Simison and the Mayor's office thought it would be a good idea to
update the Council on where that stands and perhaps give some additional direction
from the Council this evening as to next steps. So, that's where we will kind of go. I will
kind of recap where we have been, a snapshot of where -- where we are now, meaning
both Meridian, but also our fellow cities and what they have done or not done at this
point in time and, then, perhaps talk about next steps and timing and things of that
nature. So, as a reminder -- actually, the county when they first came to us was looking
at countywide development impact fees in four categories, one of which pertained to the
sheriff's office and that was really only for the unincorporated area and I think it was
Mayor Simison actually made the recommendation some time ago that that's really
within the county's purview today and, you know, that had suggested they may want to
push forward that on their own, since they were able to do so and the county did, so to
their credit the county has adopted it's sheriff impact fee, which is applicable only in the
unincorporated parts of the county, not within the incorporated cities. So, that leaves
three other categories, the coroner fee, the emergency medical services or EMS fee
and the jail fee and so just by way of reminder in terms of dollar amounts, the -- similar
to the city's impact fee program, it differs based upon whether we are talking about
single family homes or commercial development or other categories of development.
But kind of easy way we often talk about is, well, what is the -- the cost per single family
residence is kind of a typical metric. So, just by way of reminder, the county analysis
that you have seen and we will talk about more in a moment. The coroner fee was
proposed on a countywide level at 59 dollars per single family home. The EMS fee was
calculated at 175 dollars per single family home and, then, the jail impact fee was at 516
dollars per single family home and when the Council -- when you first -- let me back up
and say this is sort of been a start and stop process for the county. They have actually
been at this for about -- I would say three years or perhaps a little bit longer and they
started and we had some discussions and they paused and, then, they -- that sort of
went to the back burner for a while and now they came back again sort of in earnest in
2025 and the -- so, the City Council had a couple conversations about this topic in the
summer of 2025 and, then, later at the end of last calendar year you all adopted the
capital improvement plans, as well as amended the city's comprehensive plan to
incorporate the -- the county's impact fee studies and the fees that are attached to
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those. We didn't approve the fees, just the studies at that point in time. So, when you
discussed this as a Council back in the summer of June -- I think to be more precise in
June of 2025 we outlined and talked about a four -- have a four part implementation
plan. One of the problems or challenges is probably a better word is that under the
county's proposal it requires city cooperation -- all of the incorporated cities, as well as
the county need to cooperate and adopt local ordinances to put these fees in place. So,
to use that -- that adage, sometimes that's like herding cats and so it can be difficult
and so at the point -- actually Meridian -- we were one of the first cities to say, yes, we
want to be good partners with the county and we are interested in working with you and
we do think that growth ought to pay for growth and so we had a, you know, welcoming
message from the get go. But we also recognize that other cities need to come to the
table and this needs to be a level playing field and everybody needs to participate. So,
we developed -- I guess it was simplistic -- a four step -- or four part implementation
plan and we have finished the first couple and we are at step three now, but just as by
way of reminder we have entered into intergovernment -- pardon me --
intergovernmental agreements with the county and the EMS district. You might recall
those are two separate legal entities. The county, of course, is what we are familiar with
and, then, for EMS that is -- from a legal perspective is an entity, it stands on its own,
so we have an agreement with the EMS district and we have a -- an agreement with the
county itself for a total of two. We entered into those -- I will call them a limited
intergovernmental agreement that basically said here is what we are prepared to do
today. We are going to designate the county advisory committee as the advisory
committee for this purpose. We are going to agree to -- to work with you on the
adoption of the CIPs and on an amendment to our Comprehensive Plan and so we put
all that in writing and enter into a contractual obligation between the county and the city
and the EMS district and the city. We subsequently, throughout -- from that time going
forward, multiple steps, including public hearings in front of the Planning and Zoning
Commission and the City Council and public testimony, but after going through that
process required by state law, the City Council did adopt the capital improvement plans
for two of the three proposed fee categories. We adopted a CIP for the EMS CIP and
we adopted the jail CIP. You will recall -- and I'm going to talk about this a little bit more
later in my presentation, but you will recall discussions about the coroner's office and
whether that was provided for within state law and there is some ambiguity there. So,
the City Council made the decision that we were not prepared yet to adopt the CIP and
we had asked the county to seek clarification from the legislature, which they attempted
to do during this last session and I will talk more about that in a few minutes. So, we
adopted two of the -- two of the three CIPs and, then, we also subsequently amended
our Comprehensive Plan as required by state statute and so that's all been
accomplished. So, we are, essentially, at -- I will call it step three, which is we said we
are going to pause once we finish those tasks and we are going to wait for other cities
to catch up with us and so we all want to sort of be on the same -- same place and
same playing field and other cities had not quite done as much as -- as that point in
time. So, we will talk about that tonight as well. If we get beyond that point -- and,
again, for future discussion this evening, the next steps should we decide to proceed,
we have -- we said that -- contractually that if we get to that point we would conduct the
public hearings necessary to consider the impact fees and that also requires successor
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agreements with the county and the EMS district that would replace the initial or original
agreements and maybe more complete and talk about fee collection and identification
and things of that nature. And, then, also we would need to adopt ordinances that
would implement the actual fees and allow the city to collect those fees on behalf of the
county essentially. So, that was a game plan or implementation plan that the City
Council agreed to back in June and, then, we have been working doing our part and
consummated with the adoption of the CIPs and amendment of the Comprehensive
Plan in late 2025, about four months ago. So, I will give you a quick status report on
where other cities stand and we are sort of all back to this herding cats. It's kind of -- it's
going to sound a lot like that. So, that's where we are at. We are -- we are herding
cats. And so I'm going to take these out of -- these are in alphabetical order. I'm going
to take them a little bit out of order just to kind of put them in categories of, you know,
who has made the most progress, who is in between and, then, you know, those that
have not made as much progress. So, I will start with both Eagle and Star. My
understanding from multiple sources, including from the county, from their chief
administrative officer, is that both Eagle and Star have completed the process in its
totality and are in the -- are now, after the first of this year, after January 1 of 2026, are
now collecting all fees, including the coroner fee, are collecting those fees on behalf of
the county and so they have adopted the -- the fees by ordinance. They have
agreements with the county. They are collecting the fee on behalf of the county and
they are transmitting that revenue periodically to the county and, then, doing the
accounting that's behind that. So, again, that is Star and Eagle. The next category is
sort of where we are sort of described as maybe halfway -- halfway complete or maybe
a smidge more in some cases and that -- and that category is Garden City and Kuna.
So, Garden City went as far as -- they actually introduced the necessary ordinances for
first reading and they did that I think back in January and, then, I -- I really can't speak to
kind of the inner workings of what the thought process was, but they had tabled that
item since that time, so they have not pursued it. My understanding they are having
some questions now about the coroner fee as well and I think they may have some
questions or trying to coordinate better where maybe cities implement this more, you
know, together at close in time as opposed to being separated -- you know, more
separated in time. So, I don't want -- I really don't have the inside information as to why
that has stalled, but Garden City has prepared ordinances, introduced for first reading,
they have not proceeded with the second or third reading. They have not adopted the
fees and they are gathering additional information. So, I talk with their city attorney
fairly frequently and he is still doing some research on things, like the coroner's office
and things of that nature. Kuna is in a way not quite as far along as Garden City, but,
then, on the other hand they have made good progress. So, in the case of Kuna they
were actually going -- they had scheduled a public hearing for earlier this month to
consider and that no guarantee they would adopt, but to consider the ordinances and
agreements necessary to proceed with the countywide impact fees in Kuna. That public
hearing -- there was some discussion still occurring between the city attorney for Kuna
and -- and county council and so that was not resolved prior to the hearing and, then,
was -- therefore, that hearing was -- I don't know if it was continued or if it was just
vacated. It will be rescheduled, but one of the two -- has not yet occurred. My
understanding is it may occur before the end of April, but I haven't seen the date yet. In
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the case of Kuna, I will note that Kuna had -- and their attorney -- they have a contract
counsel. But Kuna has the same concern that you all had and that some others have
relative to the coroner's fees. So, Kuna does not intend to adopt the coroner's fee.
They are not convinced that it's -- that state law allows for that and so Kuna does not
intend to adopt the coroner fee at this point in time, but are receptive -- or at least
considering the jail fee and the EMS fee and, then, lastly on the group here is Boise
City. So, Boise City -- they did have a joint meeting between the Boise City Council and
County Commissioners earlier this year. I want to say it -- I want to say it was February,
but plus or minus, but it's been a few weeks ago now. But they did have a joint hearing.
I watched the video of an hour discussion. They were actually asking some very high
level questions in a sense of just really -- the Boise City Council really asking some
fundamental questions. So, my sense is they haven't done a lot of spade work quite
yet. They are -- at the end of that meeting. There was an interest amongst -- so, there
was a stated interest amongst the party to continue to collaborate. I did talk with the
county representative late last week and nothing of substance has occurred yet, but --
so, with the case of Boise City they probably have done -- have not made a lot of
progress in the sense that they haven't considered the CIPs in any, you know, formal
way. They have not entered into agreements and really have not done a lot of the kind
of the initial work that -- that you all have done already and some of the research and
questions that you have already asked and we have answered to the best we can. So
-- so, I guess a recap real quick. We have -- Eagle and Star have implemented and are
collecting. We have Garden City and Kuna that are making progress, but not to the
finish line. And we have Boise City who is still kind of in the -- maybe not in the starting
blocks, but not far from the starting blocks either. So, there -- they have some work to
do on their end. With regards to coroner fee, I mentioned that a few times now. So,
that was a topic of interest to the Council. You recall the issue is a state law. You know,
impact fees can be used for certain categories of expenses for capital projects or
facilities and one of which is public safety facilities and so clearly -- and there is some
examples given in the definition of what that means and it talks about police and fire and
things of that nature. There is no reference to coroners or coroner facilities either and
so when we had -- when you all had your discussion back in June of last year we talked
with the county that that's uncomfortable for us. This would be the first -- the first county
wide impact fee program that I'm aware of in Idaho. So, when you are on the cutting
edge you would like to be a little bit more cautious and be judicious. We weren't
convinced that the language covers the coroner's office and even that was the smallest
of the three fees provided. So, the county had made a commitment to pursue
legislation this session in 2026 to seek clarification and I was told -- and I have every
reason to -- to believe this is true and accurate -- is that the county did draft language,
which is fairly simplistic or simple, did approach at least one potential author and had
some interest, but, then, that author declined to advance the legislation -- or introduce
the legislation and they were not able to find a different author, so -- or legislator to carry
that bill. So, long story short is that -- that issue has not changed. There was no
legislation introduced this past session. It's now concluded and so the county has
indicated they will take a look again in 2027, but they have also acknowledged that they
-- for that reason they were not able to resolve our concern -- or question and, as I
mentioned, Kuna and perhaps others like Boise will have similar concerns. So, my
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understanding is the county -- I have been told that the county is willing to just to
postpone that idea, that fee altogether until the issue is resolved. They don't want to try
to force the issue or -- if it hasn't -- if they haven't been able to get clarification. So, I
think as we have our conversation on a going forward basis we are going to be focused
on the jail fee and on the EMS fee and we will continue -- I think that would be the
Council's desire to continue to table the coroner fee until there is additional clarity
around that topic. Other legislation I did want to talk about that did pass out of this past
session in 2026 and was signed by the governor recently was House Bill 766 and just
by way of introduction to that, you may recall from your discussions in 2025 we all -- you
all -- I shouldn't put myself in that category. You all as the decision makers talked about
that you want to be supportive of the county and be a good partner and we do believe
as -- as a city that growth ought to pay for growth. But there was also -- there was sort
of a lament that why can't we just do this. It's so convoluted. It's so difficult. Why can't
we do this more like the ACHD model where ACHD adopts its own ordinance. It does
all the heavy lifting. The city collect -- by contract we collect the fee as a courtesy to
ACHD and redistribute the revenue, but we don't get into the weeds as we are required
to do in this instance. We don't adopt ordinances, we don't adopt CIPs, we don't
change our Comprehensive Plan. And you remember the answer to that was there is a
constitutional prohibition that ascension has been interpreted this way by the courts is
that county ordinances have no force or effect within incorporated cities and vice-versa.
So, city ordinances have no force or effect within the unincorporated county. ACHD is
not a city, nor is it a county. It falls as a district and actually it's not encumbered by that
provision. The House -- or excuse me. The legislature passed House Bill 766 this year
that sort of did the ACHD model for fire districts -- rural fire districts and for ambulance
districts, which is the Ada County EMS District essentially and says -- I'm simplifying
greatly here, but essentially -- so it gives them the ACHD wand that says you can do an
ordinance and you can adopt your own and so really -- so, I did talk with the county --
my county colleagues about that and that -- you know, that's how I read this legislation
is you could do the ACHD model and adopt your own ordinance. You could be done
with it in one fell swoop and you are there and we would be happy to talk with you about
an agreement to collect that fee at the building permit stage and, you know, collect an
account and provide that revenue to you. The response I had from, you know, my
counterparts at the county was they preferred to stay with the -- the -- the model we
have been talking about. I think for a couple reasons. One is -- I'm trying to do my best
to speak to their issues. One is that they are -- they are well into this process and they
have some cities that have already agreed to do it this way and are doing it this way and
so I think they are reluctant to change course for that. They are halfway there. Not
quite there yet. But -- so I think they are reluctant to revisit that issue and kind of do it a
whole different way, just -- they are far into the process with all the cities and, then, in
the case of Star and Eagle they have actually adopted the fee and are collecting as we
speak. So, there is that issue. And, then, their other point is that regardless if they
could adopt their own program or not via ordinance, there is no mechanism for
collection. So, they don't have a tool, because they are not the ones issuing building
permits -- just like ACHD, quite frankly. So, they don't have a tool -- a good tool for
collection, because they are not there when the building permit is issued or other points
in the development process where it makes sense to collect an impact fee and so the
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point is they would need agreements with all the cities regardless and so, you know, if
they stick with the model, that they have chosen it still gets us to the same spot and
they are -- they have already made progress with many cities down that path, so -- and
whether that resonates with you all we can talk more about that later if you have
questions and so forth or we can have the county comment more. But I do think that --
just for ease of description that ACHD model is available now for the EMS district. So,
in terms of future steps -- I will just recap very quickly. We talked about that four -- four
part implementation plan that we would have interim agreements. We adopted the CIP.
We amended our Comprehensive Plan. We are pausing until other cities catch up and
we are more closer in time and, then, we said we are going to pause. So, that's where
we are at today. And so I think for -- I know that Mayor Simison, unfortunately, was not
able to be here, but just some discussions that he and Bill Nary and I had, I think, you
know, the Mayor is feeling -- he wants to be a good partner, as you all as well, wants to
be a good partner with the county, does not want to see this issue languish, does --
does agree with the language. Does not -- and does agree that, you know, growth
should pay for itself in impact fees if they are thoughtful and they are well justified they
make sense and they serve an important purpose as we grow as a community
throughout the entire valley and certainly growth has countywide impacts. So, I know
the Mayor is receptive to being a good partner and would like to see this move forward,
But we may not be -- may or not -- may or may not be there. So, the thought was it
would be good to kind of update you all. Here is where we are at. This is -- this is a
staff report. How do you feel about this? And, you know, what -- what does our next
steps look like? So, the two obvious ones are number one and number two -- oh. I'm
sorry. I skipped ahead. Let me -- let me finish that thought and I will come back to my
screen here in a second. So, the question is, you know, how do we go about that? We
can sort of stay the course. We can accelerate our process knowing that we -- we
would, finish a little earlier than others. So, give that some thoughts. So, I jumped
ahead. Let me go back to the screen. But in terms of future steps that I talked about,
we have to negotiate new agreements, draft -- all this takes time and effort. So, it's a
matter of, you know, putting pen to paper, number one. Secondly, is reaching
agreement between the city and the county and as things go back and forth it takes
time. So, all this stuff takes -- you know, it doesn't happen in a week, it will take weeks
plural and perhaps longer. So, you just -- you know, there is a process involved here.
But we need to negotiate new interagency agreements that would replace the existing
interim agreements. These would be the more complete agreements, that would talk
about how everything works, including, you know, collection and protest and, you know,
if we are challenged, identification, who takes the lead on litigation, things of that nature.
So, lots of -- lot more detail than what we have in our current interim agreements. We
would need to draft the ordinances that are required for the jail fee and the EMS fee.
We are required by state law to, you know, published and -- notice and publish and,
then, hold -- conduct public hearings on those fees and they would have to adopt those
agreements and the necessary ordinances as well. So, all that -- all that takes time, of
course, and so that is -- even if we started tomorrow, you know, we are not going to be
back in front of you for quite some time. So, it takes a while to get that -- get all that
together. So, that's part of the equation as well in terms of our next steps and when do
we take action. This is the slide I was talking about prematurely. So, you know, they --
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they are kind of fundamental choices or we can stick with the implementation plan that
we have outlined, which, you know, the county has accepted this point and they
understand that -- our rationale about, you know, basically the Council was interested in
a level playing field. We don't want to be, you know, one of the first out of the chute and
collect the fee and others ultimately decide not to participate. That puts us in an odd
spot. It's an unlevel playing field for our property owners and developers. So, that's --
that's something to consider. So, I think the county understands that and they are
prepared to say that's -- if we want to be sort of the last or one of the last to officially
approve and they understand that. I'm sure they would love for us to move quicker, but
they understand our -- what we are trying to accomplish as well. Secondly, we can
accelerate our process knowing that we have a couple other cities that have done so
already, Star and Eagle in particular, and others that are somewhere in between. We
can accelerate our process. It's all those steps I just talked about a moment ago that
will take time and effort and so even if we started that sooner rather than later it will take
some time to complete, but we can certainly do that. The two cautions I guess I would
just -- you know, just in -- for an -- in the interest in complete disclosure, so you can
make good, informed decisions, you know, one is -- I guess in terms of pitfalls one is --
or potential pitfalls. One is the unequal playing field. So, to the extent we adopt before
others and others don't adopt timely, then, we have -- you know, we are collecting fees
others are not. It's short of an unlevel playing field situation and that's a policy issue
that you all can -- that's -- you know, as decision makers, as council members, you
know, that's within your purview to decide. The one that has some legal consequences
I think is -- I -- I would have some concerns to the extent we adopt the -- the fees -- jail
and EMS fees -- let's say -- just say magically today and, then, one or more of the cities
don't adopt ever and just decide not to participate and I won't name -- won't name a
name here, but just a city -- one or more of the bigger cities let's say -- decide not to
participate. In my opinion that puts the validity of the -- the fee into question, because
the study was based upon looking at the county as totality that was a service area. The
math was all done on the county as totality. All cities participate. To the extent one or
two of the large cities don't participate, in my opinion, that -- that analysis is no longer
valid. You need to go back and redo the analysis, redo your calculations. The numbers
will likely change. And so we may find ourselves -- you could find yourself, you know,
we have been collecting a fee, only to learn -- learn later that someone decides not to
participate and, then, we might have been collecting the wrong fee. Too -- too little. Too
much. I don't know. Just puts us in a -- in a delicate spot. So, I don't want to overstate
that point, but we just should be mindful that I think the integrity of the fees that are
being proposed rely upon all cities participating. If they don't that analysis needs to be
refreshed, so -- and I'm sure -- you know, lots of other permutations and different
variations of these ideas. Those are the two basic ones, but you may have some other
ideas or questions that might prompt some additional ideas as well. So, the purpose
really tonight, as I mentioned, was, one, is just to give you our status report, get you up
to speed on what's happening, what we have accomplished, where are we at today,
what our potential next steps and, then, to the extent you are comfortable or able to
provide some direction going forward do we feel like we -- in order to be good partners
we might want to accelerate our process or do we prefer to stick with the floor -- you
know to the -- the situation where we pause until others catch up. So, I will -- I will
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pause there. Be happy to answer questions you may have and both Bill and I would be
happy to answer any of the potential legal issues that might arise because of that last
topic I talked about where some cities don't participate.
Overton: Thank you, Kurt. Before I ask the rest of the Council for comments I will
confirm that I had those conversations with the Mayor and with the coroner's office. Out
of this scenario I think he was interested in seeing what we could do moving forward,
rearranging our priorities into these two versus all three and being prepared to move
forward. I still think we will let Council discuss the validity of moving forward, not
knowing if we are going to be collecting the right fees or what other cities are going to
do and with that I would open it up for comment from the rest of the Council.
Taylor: Mr. President?
Overton: Councilman Taylor.
Taylor: Thank you, Kurt. Appreciate it. So many moving parts. It's good to get a
refresher. I have a question on that last issue you brought up. Is there a scenario
where the impact fees would need to be remitted back to the developer that are
collected if they are found to be done so in a way that it's -- call it illegal or inappropriate
or notwithstanding a court ruling? Is that a scenario that is possible?
Starman: Thank you, Council President, and Council Member Taylor. So, I don't want
to overstate that concern, but I think the short answer is, yes, that's a possibility. To the
extent we implement a fee and it's later -- one or more cities don't participate and we
find out the fee was too much in that example, that the fee was -- should have been
lower, because the analysis changed because the surface area was not the entire
county, but something smaller. I think there is -- there is room for a challenge that the --
we over collected and the fee was too high and, you know, some -- some amount of
money would be due back to those that had paid the fee.
Taylor: Council President, just a quick follow up.
Overton: Councilman Taylor.
Taylor: Just on that note, the liability to pay it back would be the county or would it be
the City of Meridian?
Starman: Council President and Council Member Taylor, so we had this -- I'm going to
talk a little bit about identification in Idaho law, that you might recall this discussion from
June as well. So, we will structure the agreement that puts that burden on the county,
number one. The agreement between us and the county will make that a county burden
and we will also require the county to indemnify us. There are some big impediments in
Idaho law and the Idaho Constitution about whether cities and counties can indemnify
any third parties. So, we all have -- use this term of art. We oftentimes we try to avoid
identification provisions altogether, because they are questionable. When we can't we
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try to insert those magic words to the extent allowed by law -- Idaho law in particular,
which is sort of a shorthand saying this may or may not be enforceable. So,
identification provisions are a little dicey, just as in -- general in terms of how the courts
look at them. There is some constitutional issues there that we don't want to get too far
into the weeds, but certainly contractually we would make that a county obligation.
Whether we can -- and we would also have an indemnification clause that would require
them to defend us if we are sued. But to what extent that that came -- push came to
shove, there is some questions here.
Cavener: Council President?
Overton: Council Member Cavener.
Cavener: Thank you, Council President Overton. Kurt, I appreciate your shepherding
this thing along. I think like sometimes we are trudging a wagon through peanut butter
and sometimes it's doesn't feel like we are making a lot of progress, then, we get these
updates, so they are helpful. I will begin conceptually I'm -- I'm very supportive of this. I
think it's the right direction for us to be moving, particularly with the coroner's piece
being moved out. That was always a little bit of a hang up for me. So, personally I have
no issues with starting to begin work on at least crafting language for review. Not
maybe quite ready to say let's have a public hearing on this date and time, but I think to
get language prepared and shared, but that's where I think some of my -- my questions
lie is -- is the ordinance language that Eagle and Star adopted, is it anticipated that's the
same language that Kuna, Garden City, Meridian and Boise would also be asked? Is it
-- is it the same?
Starman: I think -- Council President and Council Member Cavener, I think this likely
that -- because there is some certain requirements that are just statutory in nature that
are required of any ordinance, so they will likely have a lot of similarities, but they will
not be identical and we will craft our own ordinance, you know, based upon our
experience with our program and, then, we will -- you know, as we often do in our
profession, we will, you know, look for good ideas elsewhere and borrow good ideas
from other people, but I think each jurisdiction will likely have some very -- you know,
have their own ordinance so it will vary to some extent, but they will include the same
basic elements.
Cavener: Okay. Council President Overton, maybe a follow up.
Overton: Councilman Cavener.
Cavener: Kurt, if we have the ability to maybe be Meridian specific language, is there a
scenario in play where we could enact the ordinance saying, hey, we will collect these
impact fees on behalf of the county, but enforce it at a later point in time, meaning we
would pass something -- again, let's say we pass -- let's say we pass it tonight, but we
wouldn't begin collecting or enforcing that for a 12 month period, with a clause that if by
that 12 month period arises if not all municipalities have adopted it, then, this comes
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back before the Council and we could retract it. Is -- is there a scenario where we could
do that?
Starman: Council President, Council Member Cavener, yes, that's -- that's a very
creative and good thought. Yeah. So, we certainly can have -- you know, in terms of
implementation data can be delayed, so it does not have to be at the time of adoption,
could be six months, 12 months or some other trigger that -- that allows the ordinance to
go into effect. So, short answer is, yes, you could have -- you have delayed
implementation based upon a particular criteria.
Cavener: Thank you. Council President, just maybe to comment on that. I -- I -- I
recognize nobody wants to be -- wants to always be the first one out the gate, but I think
that we have an obligation as a -- as a city to lead on this and -- but I think it's important
-- it's imperative that all of us, not just all but maybe one move forward and so I want to
make sure that we are being equitable to all county residents, particularly those who live
in Meridian and our future residents. So, I think that would be -- just in terms of where I
would be heading in terms of a recommendation is let's begin working on this, schedule
a public hearing at a later point in time, but the language would need to be really clear,
regardless when we pass it, we would not begin enforcing until a date certain with the
conclusion that all jurisdictions impacted have all signed on collectively.
Strader: Council President?
Overton: Council Member Strader.
Strader: Thank you. I was thinking along those lines as well. I'm not sure about
delayed implementation date. I -- I was looking at it more like -- like a condition
precedent to effectiveness, that all the other cities are prepared to -- that they have all
signed the same ordinance. Like I -- I think we could pass an ordinance that says it's
like subject to the other jurisdictions doing the same, then, we will start collecting the
fees. The only scenario I really have heartburn about is a scenario where we begin
collecting fees and, then, have to refund the fees and the messiness of that. I think if
you can negotiate some language that is like a condition precedent to effectiveness or a
condition precedent to us collecting the fees or something that kind of protects us, make
sure that the other cities have come alongside, I think that's fine. I agree, I think we do
need to -- to get it going further. You're kind of on step three of five or whatever. So, I
think continuing to do that is fine. I -- the only scenario I'm really worried about is the --
the one where we actually end up collecting some fees, have to refund them and it gets
messy. I also want to make sure that if there was partial adoption by like let's say four
of the five cities, but maybe one gigantic city that chose not to for whatever reason, I
want to make sure that that invalidates -- like conclusively invalidates the study and,
then, we all kind of come back and have a discussion. I think that's important, so -- I
also will just say I understand the reason that, you know, they have started a process.
EMS doesn't want to have to do its own ordinance, but, you know, that -- the legislation
did specifically provide for that. It is actually to me an easier mechanism and a more
simple mechanism for the EMS districts to just go ahead and pass their own ordinance.
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So, I'm not saying that we shouldn't still do it, I just think it's worth having a conversation
with them. It seems a little short sighted on their part. Thanks.
Whitlock: Mr. President?
Overton: Councilman Whitlock.
Whitlock: Kurt, thanks for updating us on everything that's been done to date and -- and
there is significant work that's already gone into this. I guess my question kind of
follows up on Council Member Cavener and Council Woman Strader's comments, but
it's more in line with -- if we were to give you direction to start drafting or crafting an
ordinance to have in your hip pocket, how flexible and nimble can we be as a city in
terms of a timeline, so that once others start to adopt or we get critical mass, how
quickly can we move through the noticing public hearing and adoption of an ordinance?
Starman: Council President and Council Member Whitlock, so I think if we had sort of
on the shelf the -- the ordinance was prepared and ready to -- ready for your
consideration and, then, you know, likewise the agreements -- the successor
agreements with the county and the EMS district, if those were complete and just sort of
waiting for, you know, others to -- or for the time to be correct. I think we can do it pretty
quickly. So, you identified the -- the kind of the major time consideration, which is -- it
does require, you know, the noticing requirement and a public hearing. I would have to
go look at the ord -- at the statute again for what the requirement is. Typically for fees
it's -- it's -- I don't -- for normal -- just kind of run-the-mill fees it's two notices and two
weeks apart. I think there is specific requirements for development impact fees. I don't
have those on my fingertip. But it's not -- it's not months, we are talking about, you
know, weeks type of thing or, you know, it's fairly short. And, then, you adopt your
ordinance. You could waive second and third week readings if you choose. That's
allowed. And, then, we have to publish and there is a -- if I recall correctly in the stat --
development impact statute I think there is a wait time before the fee comes into effect.
So, there is a little bit of a wait time between the ordinance and the time you begin
collection. So, I don't have a definitive answer for you, but if we had those documents
sitting on the shelf and you said let's proceed, I think you will probably talk just in
ballpark, you know, probably 60 days or so to get from start to finish.
Whitlock: Thank you.
Taylor: Council President?
Overton: Councilman Taylor.
Taylor: Thank you. And I -- I ask some questions, but share some thoughts. I agree
with what Councilman Cavener said. I think we should be proactively pushing ahead
and moving ahead, leaving ourselves with some flexibility with how we might want to
handle it when we get to it. But I think we need to be working with the county to try to
move it ahead. I think as other municipalities see us actively working on it towards a
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solution it's going to be helping the whole process along. So, my inclination is that we
are moving actively towards implementing something.
Starman: Correct. That has been fantastic direction. So, I'm happy if you -- some of
them if you would like to recap or you want to -- but I think that that's excellent direction.
I think it was what the Mayor was looking for as well. So, appreciate the good
discussion and I guess we have what we need to proceed. But anything else, Council
President?
Overton: I was going to ask you to go back one slide, Kurt.
Starman: Yeah.
Overton: To the steps. So, if what I'm hearing is correct as we are talking majority of
the Council anyway is looking at going back and immediately starting on negotiating the
new interagency agreements based upon the new information? Drafting the proposed
ordinance, but at this point not holding any public hearings until we see what's going to
happen -- both things at once and that's what we have been trying to do this whole way
along. Does that concur? I think we got the shake of the heads.
Starman: Okay. Very good. Thank you for the direction. Appreciate it.
PUBLIC HEARINGS [Action Item]
14. Public Hearing for Ledges Business Park (H-2026-0008) by Sandee
Transtrum, Biltmore Co., located at 4120 and 4096 N. Linder Rd.
A. Request: Modified Development Agreement to the existing
Development Agreement (Instrument No. 106154912) for the
existing 2.28 acre to allow additional uses on the parcels within this
development.
Overton: Thank you, Kurt. That will complete our department reports for this evening.
We will move into public hearings. Will now move to Item 14, which is a public hearing
for Ledges Business Park, H-2026-0008, and we will start off with staff comments.
Parsons: Thank you, Councilman -- or Council President and Council. So, Item No. 14,
applicant has failed to post that property correctly per the ordinance, so they are asking
for continuance to -- to next Tuesday, which is April 21 st.
Cavener: Mr. President?
Overton: Council Member Cavener.
Cavener: Before I make a motion is there anybody in the audience that was here
tonight planning to testify? Excellent. Okay. Mr. President?
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Overton: Council Member Cavener.
Cavener: I would move that we continue Item 14, application H-2026-0008 to April 21 st,
2026.
Whitlock: Second.
Overton: I have a motion and a second to move Item H-2026-0008, a continuance until
April 21 st of 2026. Madam Clerk, roll call vote.
Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea;
Whitlock, yea.
Overton: Item 15 is continued.
MOTION CARRIED: ALLAYES.
15. Public Hearing for CenterCal Expansion Subdivision (SHP-2026-
0003) by The Land Group, located at 3395 E. Longwing Ln.
A. Request: Short Plat consisting of four (4) buildable lots on 14.23
acres of land in the C-G zoning district.
Overton: Next up is Item 15, a public hearing for CenterCal Expansion Subdivision,
SHP-2026-0003. We will start with staff comments.
Parsons: Thank you, Mr. President, Members of the Council. Next item on the agenda
is the CenterCal Expansion Subdivision. This is a short plat request in front of you. It
does not require a neighborhood meeting or posting of the site. The site consists of
14.23 acres of land currently zoned C-G and is located near the northeast corner of
Eagle Road and East Fairview Avenue. History on this property. The current
configuration that you see before you on the screen was approved with the property
boundary adjustment in 2022, but when it was originally platted in 2020 -- in 2012 1
believe it was Lot 2 -- a portion of Lot 2, Block 2, of the CenterCal Subdivision. If you
have driven down Eagle Road recently you have noticed probably three buildings being
constructed in the area. Those three buildings sit on these lots. The majority of these
lots anyways. The existing landscaping along Eagle Road and Fairview Avenue will
remain protected during the site and those two meet current UDC standards, so no
requirements for that. As part of the conditions of approval staff has recommended that
the applicant grant reciprocal cross-access to all the properties for shared parking,
access to utilities easements and, of course, shared aisle -- access to shared drive
aisles to the adjacent roadways as well. Had a chance to talk with the applicant before
the meeting this evening and they are in agreement with all conditions of approval.
Staff is recommending approval and I will stand for any questions you may have.
Meridian City Council
April 14,2026
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Overton: Council, any questions for staff? No questions for staff? Thank you, Bill.
Would the applicant like to come forward. If you would state your name and address for
the record. You have 15 minutes. Thank you.
Densmer: Thank you, Mr. President, Members of the Council. My name is Jason
Densmer with The Land Group. Our address is 462 East Shore Drive in Eagle. Thank
you for the 15 minutes. I'm sure I will not need all of that time. We have been working
with staff over the past months as they have reviewed this short plat for CenterCal
Expansion Subdivision. We are very thankful for their hard work and are in agreement
with all of the conclusions in their staff report. As you know The Village at Meridian is
undergoing expansion currently and so I think the name of the subdivision being
CenterCal Expansion is a little bit appropriate. This is a resubdivision of one of the lots
of the original CenterCal Subdivision from 2012. The largest new lot will be -- will house
the three buildings that are currently under construction. The three other lots that are
being created provide pads for future buildings that are yet to come within The Village
and as Bill said -- he kind of stole my thunder, but we are in agreement with the staff
report and all the conclusions and the recommended conditions. Although I'm speaking
on behalf of CenterCal tonight, Juan Montoya with CenterCal is actually here and so I
would like to hand off to him and, then, when he is done speaking if you have any
questions for either of us we will be happy to come back and answer them for you.
Overton: If you would just state your name and address for the record.
Montoya: Yeah. Good evening. My name is Juan Montoya and my address is 4500
Via Marina, Marina Del Rey. I flew out here just for this meeting. I just want to honestly
thank the Meridian community and all of you at large for your continued partnership on
The Village. I'm coming here on behalf of our CEO John Paul Wardy. He is -- he was
kind of here in 2012 when The Village was negotiated with maybe some of you who are
still here. So, we just want to thank you all for your continued partnership. We are
really really excited about what's happening. The growth of The Village wouldn't be
happening if this wasn't a fantastic place to live. Tenants in our business are everything
and they see that and that's why they want to be at the center. So, I'm here to answer
any questions you might have in relation to the plat, but this is really driven by kind of
tenant requests and the demand we are getting there. So, we need to subdivide the
parcels to create tax parcels so we can build them appropriately. So, that's it. Thank
you all. Appreciate it.
Overton: Thank you.
Densmer: If you have any questions -- if not we can just hand off and let you deliberate.
Overton: Council, any questions for the applicant?
Densmer: Okay. Thank you very much.
Overton: Madam Clerk, do we have anybody signed up for this?
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April 14,2026
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Lomeli: Thank you, Council President. No one has signed up.
Overton: Is there anyone in the room who wishes to make a comment on this
application? Or is there anybody online that would like to speak? You can use the raise
your hand feature. Seeing none, would the applicant like to close? He waives that
right. Council, what's your action this evening?
Strader: Council President?
Overton: Council Member Strader.
Overton: Sure. I'm happy to make a motion on it. I view this as continued success at
an important development that we have already approved, so with that I move that we
close public hearing on this item.
Cavener: Second.
Overton: We have a motion and a second to close public hearing. All in favor say aye.
Nays? All ayes. The public meeting is closed.
MOTION CARRIED: ALLAYES.
Strader: Okay. After -- Mr. President?
Overton: Council Member Strader.
Strader: Okay. Happy to make a motion. After considering all staff, applicant and
public testimony, I move to approve File No. SHP-2026-0003 as presented in the staff
report for today's hearing date.
Whitlock: Second.
Overton: We have a motion and a second to approve SHP-2026-0003. Madam Clerk,
can you call roll.
Roll Call: Cavener, yea; Strader, yea; Overton, yea, Little Roberts, yea; Taylor, yea;
Whitlock, yea.
Overton: Item 15 is approved. Thank you.
MOTION CARRIED: ALLAYES.
16. Public Hearing for North Meridian Fields (H-2026-0003) by Emily
Mueller, generally located at the southwest corner of State Highway
16 and Chinden Blvd.
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April 14,2026
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A. Request: Annexation of 71 .445 acres of land with the R-8 and C-N
zoning districts.
Overton: Next up on tonight's agenda is Item 16. It's a public hearing for North
Meridian Fields, H-2026-0003. We will start this off with staff comments.
Napoli: Good evening, Council President and Council. Next item on the agenda is the
annexation for North Meridian Fields. So, the applicant requests annexation of 71.45
acres of land with the R-8 zoning in the C-N zone -- R-8 and C-N zoning districts. The
R-8 zone consists of 47.8 acres and the C-N zone consists of 23.6. The site is
generally located at the southwest corner of State Highway 16 and Chinden Boulevard.
As shown on the screen the existing zoning is RUT in Ada county and the FLUM
designation is mixed-use interchange and medium density residential. So, I want to
start off by explaining a little bit. The Community Development and Public Works
directors made a determination for the subject development -- development allowing for
annexation to move forward without sewer service being readily available. As you all
are probably aware currently the city is installing a sewer trunk line in McMillan Road
that will ultimately serve the site from Star Road just to the west. So, the property is
located within The Field Sub Area Plan and is intended to follow the model rural design
theme, include cohesive architecture, landscaping, lighting, open space, pathways and
other high quality design elements. The applicant has submitted a conceptual plan
proposing single family detached residents on the southern two-thirds of the site and a
commercial development on the northern one third. At this time the detailed
development plans have not been provided. However, the applicant provided a road
layout, open space layout for the larger development and has provided some high level
information into the integration of the residential and commercial uses. In the
applicant's narrative they propose to exclude the following uses, including fuel -- fuel
sales facilities, convenience stores, storage facilities and vehicle washing facilities. The
mixed-use interchange designation is intended for low traffic generating uses and as a
result staff and the Commission recommended further restricting the permitted uses by
prohibiting Tier 2 and Tier 3 drive-through establishments, vertically integrated
residential uses and retail stores exceeding 10,000 square feet and the primary reason
behind the square footage cap on retail stores is to avoid big box retailers that would
exceed the traffic count that mixed-use interchange is really envisioning and at this time
we don't really have square footages to base traffic on, which I will get into a little bit
further in my presentation. This is the building elevations and kind of conceptual plan
that they had for the commercial and the residential portion. All right. So, the applicant
has depicted the primary access points for the development coming off the future
extension of North Owyhee Storm Avenue, a collector roadway, which is located here on
the site and will service the future Cole Valley Christian School to the south as well and
Owyhee High School. This extension will lead to a signalized intersection with Chinden
Boulevard and in addition to this applicant is proposing to construct two east-west
collectors that connect North Ersatz Place with North Owyhee Storm Avenue and here
is the first collector and the second collector would be down here. Many of the details
that would typically be required with an annexation have not been provided, which is
why the Commission and staff is requiring a development agreement modification prior
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April 14,2026
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to any future applications or development being submitted. The future DA mod will be
required to provide in-depth details from The Field Sub Area Plan, Comprehensive Plan,
and UDC, as well as updating the concept plan and any elevations at that time. The
staff has had conversations with the applicant before tonight's hearing and they will
have some proposed changes to that -- to development agreement provisions for you
guys to consider in their application, but these are the ones that Commission has
recommended to you for tonight. So, I have to -- at the Planning and Zoning
Commission hearing Darcy Hart testified with concerns regarding the lack of detail
provided with the application, no traffic impact study, density potentially being too high
and designed not adhering to The Field Sub Area Plan. However, the Commission is
recommending approval with a development agreement and we have not received any
written testimony since the P&Z hearing and I will stand for any questions that you guys
have.
Overton: Council, any questions for staff? No questions for staff?
Strader: Council President Overton?
Overton: Council Member Strader.
Strader: Thank you. A couple questions. So, I see the DA provision, but outside of the
DA provision about the provision of sewer services generally if we annex a property into
the city does that create an obligation for the city to provide services and help me
understand how that would play out if there was a delay.
Napoli: President -- Council President Overton, Council Woman Strader, yes. So, you
are correct. Typically when we annex a property it does require an obligation to serve,
which is why I received a director's determination to essentially move forward with the
annexation for this subject development because we are putting the infrastructure in
McMillan Road, which will be brought up Star and will serve this project eventually. You
are right in the fact that if I didn't have that director determination I probably would not
be recommending approval of that tonight, but that is the direction that we have
received and this is just kind of show you the conceptual -- this is Star Road. This is
where the sewer will eventually lead to this site. That is the future plan and I think
something to highlight on this is that there are other properties in the area that are --
would be contiguous if this property was annexed that are also looking to annex that
would bring services to this property. So, there is some annexation going on in the
event that -- or for future plans that we know that sewer is going to be there and, like I
said, that director's determination is really the -- the primary driver here for -- for staff
support on the project and, you know, moving forward with the annexation with services
potentially, correct, not being available and could be delayed for a future time and I --
the applicant does know that, we have had conversations with them and they would still
like to proceed, which is why we are here tonight.
Strader: Couple of follow-ups.
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April 14,2026
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Overton: Council Member Strader.
Strader: Thank you. So, I -- I guess I would be curious as to a status update on where
we are at with the sewer, like where -- where have we gotten to on this map? How
close is it? What is the time frame? So, I guess that's one follow-up question. And,
then, my other follow-up question is just much more general than that, which is this is a
huge development, it's at the corner of a critical Infrastructure point with the extension of
Highway 16. There is no traffic impact study and I'm looking at the most bubbly of
bubble plans that I have seen and this is a real lack of detail. As a control freak I hate
all of that. So, how -- how typical is this size of development to come with this kind of a
concept plan and a lack of a traffic impact study or detailed plans, even on what the
commercial use would be? Help me understand the advantages and pitfalls of where
we are at with that.
Napoli: Council President Ca -- Overton. I apologize. Council Woman Strader. So, to
start off with your first question, as far as an update on the sewer, the last time I talked
with our Public Works Department on it, you know, they were still on schedule for the
finish of December. I -- I don't -- if Warren is here -- perfect. I will have Warren come up
and speak to that a little bit more. That was a couple months ago. So, things could
have changed as far as exactly where we are. Thanks, Warren.
Stewart: So, thank you, Council, Council Woman Strader. The -- the project is under
construction. We are putting in the trunk sewer line and the pressure sewer line in
McMillan Road between Can-Ada and Star. It's supposed to be the intersection of Star
in June and, then, they will continue with the pressure sewer line that will go all the way
to The Oaks lift station on McMillan and basically McDermott and that will be completed
around December, maybe slightly after the first of the year, January -- December,
January of this year. The piece that's going up Star Road, what is anticipated to be built
by development at this point, although there has been some discussion about whether
to add that to the ten year plan for the Public Works Department, but we haven't
received direction to do that yet, so --
Overton: Council Member Strader.
Strader: Thank you. So, if I'm understanding, we -- we have a plan to get to McMillan
and Star Road and the -- the further plan, though, to actually make it up to where this
development is isn't necessarily something that the city is intending on putting in as a
piece of infrastructure, that's something that depends on private development and -- and
I guess what -- maybe just to talk out loud, like what's making me nervous -- this just
feels very like leapfrog to me. Doesn't it seem logical that we would start approving
developments around where the sewer trunk has been extended to and, then, approve,
you know, contiguous developments along the sewer line? I have never seen this kind
of a scenario and I guess have you or how do you feel about the risks and -- and
benefits of approving something like this without the private developments in between
here and there being approved?
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Stewart: First I think there is -- excuse me. Members of the Council, Council President.
I think there is a few things to keep in mind. So, one, water for this particular project will
probably first come through the Cole Valley Christian extension and so it's going to have
water when the Cole Valley Christian School comes in. We do -- there is a possibility
that the city will complete a project or do a project to install a portion of the -- of the
sewer line going up Star Road. We know there is a lot of interest with other developers
who own property along there. If that was to occur or when that occurs there is other
growth that's going to occur and to answer your question have we ever seen that
before? The answer is yes. We annexed 1 ,400 acres in south Meridian. I think it was
close to that. Maybe it was 11 , 12 hundred acres in south Meridian under a very similar
scenario where we annexed thousands of acres of property, put it in kind of a holding
zone and we have grown into that and that's kind of what the concept is here,
essentially, for this. I think that's why the -- the developer is willing and understands the
risk, understands that the -- the services won't be there initially, but is willing to work
towards the growth and orderly development of that entire area. You will probably hear
from them though.
Overton: Council Member Little Roberts.
Little Roberts: Council President. Warren, thank you for being here. And since you and
I have had discussions regarding another several parcels, you will probably understand
why this is making me very concerned, because we have got a parcel that's waiting to
build to get their services that you and I sat down and looked at the map and everything
and this is feeling very similar to me. Can you make me feel like it's not the same?
Because that has been not a good situation.
Stewart: Yeah. I think that the -- the difference here is the -- the individuals who agreed
to the annexation initially eventually sold the property and maybe there was an
anticipation -- or at least a belief that things were going to happen faster than -- than
what they have out there. But the city was not in control of that. So, in fact, we -- we
tried to make it very clear that they were -- they were beholding to other entities to bring
that sewer to them. So, I -- although it's possible that this could go the same way, right
now it wouldn't because the owner of the property is also the developer of the property
Little Roberts: Follow up. So, Cole -- but you said Cole Valley is how they are going to
get water. I have heard through the grapevine that Cole is considering either not
building at all or delaying it. That could be rumor, but if --
Stewart: Well, they are -- they know that they have to build this -- the -- the gravity
sewer line from the intersection of Star Road and McMillan down McMillan Road to the
school. They -- we are going to build it -- in fact, they entertained building at the same
time we are doing the pressure sewer line, but their bids came in higher than they had
anticipated. Welcome to our world these days. And so they had to delay that until they
could raise some more funds. Well, my understanding that that's the process that they
are in right now. They are in the process of raising additional money, so that they can
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go ahead and complete the project. But I'm certainly not an agent for Cove Valley
Christian, so that's just what I have heard.
Little Roberts: Thank you.
Overton: Any other questions for staff? Thank you, Warren. Would the applicant like to
come forward? State your name and address for the record. You have 15 minutes.
Mueller: Good evening, Council President and Council Members. My name is Emily
Mueller, 839 South Bridgeway Place. I represent Mark Bottles and 5B Holdings and I
just want to thank staff for their time in reviewing this project and coordinating on it. As
staff mentioned we have talked with them many times and I appreciate that and as
mentioned this is an annexation and zoning with a development agreement request
tonight I will kind of go quickly through some of these things, because you already got
the ground -- groundwork and I want to address some of your questions and concerns.
So, quickly, again, the property is approximately 70 acres. The current applications,
annexation and zoning with a development agreement. Future applications will include
a preliminary plat, will include a development agreement modification and any CUPs
that are deemed desirable or necessary at the time. So, there will be many future
applications on this property and for this project. As staff mentioned, the future land use
map designates this area for mixed-use interchange along Chinden Boulevard and
medium density residential. Currently there is a storage site that has been constructed
on Chinden, so that this -- the larger picture is looking at the boundary -- the southern
boundary of that storage site and that is what has currently been developed out here.
We are excited to bring the -- our property into the City of Meridian and see it developed
within the City of Meridian's specific area plan and framework for this area. So, again,
here is the vicinity map. We have Cole Valley directly to the south as discussed. The
city of Star has been annexed just to the north side of Chinden and the City of Meridian
is growing into this area -- into this specific area plan area as -- as the sewer is brought
out. As discussed we are requesting 23.6 acres of commercial along Chinden and
47.81 acres of R-8 medium density residential, along -- as -- as you move south. That
will integrate in with the school. As staff mentioned, we have provided design guidelines
for the residential community and in -- and they are consistent with The Field Sub Area
Plan. The -- the conceptual elevation show single family detached homes, single and
two-story, and which will reflect a modern farmhouse style, gable roof forms, board and
batten accents, neutral color patterns. We have also provided a conceptual internal
pathways and street network to reduce reliance on arterials and to plan for the
connection with the school to the south and future development. This promotes
walkability, internal chip -- internal chip capture between the school, residential and
commercial. We agree -- and -- and maybe I will just stick with this for a moment,
because this is where I want to address Councilman Strader's concerns, Council
Woman Little Roberts' concerns and so Councilman -- Council Woman Strader asked,
you know, what are the pitfalls of this and I'm here to say that there -- I do not believe
there are -- there are any pitfalls and we will be back before you for a development
agreement modification for the commercial, where you will have discretion to approve a
conceptual lot layout where we will closely follow The Field Sub Area Plan and we are
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not ready to develop that commercial yet. Really none of this is ready tomorrow to be
developed and to the second question about the pitfalls and the sewer, the -- the
development agreement states that we will not be able to develop until -- until sewer is
ready. We understand that. And we have been in contact with Cole Valley School. Mr.
Bottles has been in close contact with them. They do plan on developing. They are
continuing to have to raise more money for their sewer extension, but we understand
the timing of this and the reason for an annexation now is because it is -- it's good
planning. It's good public planning and good private planning. It helps -- is just the first
step of multiple steps where we will be here again, but is the first step in implementing
the city's Comprehensive Plan. It materializes and just puts a second layer of skin on it,
which creates a more stable environment for investing for when we do do our traffic
impact studies. We already -- we know that the city sees this as residential consistent
with its Comprehensive Plan. So, when we pay for those traffic impact studies and
when we follow those it -- it -- it creates a little more safety in the investment in this area
down the road and so I would say that there are no pitfalls in annexing this right now. It
is -- it is our commitment to the city that we see this developed within the city's
framework, within the very carefully planned out specific area plan and, in fact, there is
a risk to the 5B Holdings Group in annexing before studies -- or before services are
available. Sewer is available in Star right now, so -- so, it is a risk to say we -- we won't
develop in the county, we won't do that and we will wait until sewer gets brought closer
or when we invest in bringing it closer. So, with that we agree with all of staff's
conditions of approval. We were a part of the future -- or, excuse me, the specific area
plan when it was adopted many years ago and we understand staff's desire for this to
be a low -- lower traffic impact area. We are voluntarily agreeing with those conditions
and so we -- we agree with all of that. As staff mentioned, we would like to amend
condition -- the -- the final condition AF, which as written would require us to have a
development agreement modification and preliminary plat application for both the
commercial and the residential development. We believe that with the submittal of the
building elevations, fencing, pathways, conceptual roadways, that a development
agreement modification won't be necessary for the residential portion. We will still come
through for a preliminary plat, have landscaping plans approved, have design review the
conceptual elevations that we have provided and any varying or any offset of those in
any substantial form would -- would require development agreement modification. So,
with what we have submitted, though, I -- we do not believe a development agreement
modification is going to be necessary for the residential portion. We do agree and
acknowledge to have a development agreement modification, to put the next layer of
skin on this, the next conceptual layout plan for the commercial and we will be back
here to discuss that when -- when it's time and when we know exactly what uses will be
put in here. So, we do agree with that. So, again, our recommended changes to this
conditional of approval would just -- to state that prior to any development of the
property within the C-N zone, the owner of the C-N zoned property shall submit a DA
modification to provide that concept plan consistent with the design elements in The
Fields Sub Area Plan, Comprehensive Plan, and UDC. So, with that we believe that this
is a great project integrated under the guidance of the Specific Area Plan and would
request your -- approval vote of approval with the condition as amended. So, with that I
will stand for any questions.
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Overton: Council, any questions for the applicant?
Strader: Council President Overton?
Overton: Council Member Strader.
Strader: Yeah. I appreciate -- appreciate the presentation and you starting to address
my concerns. I -- I guess the scenario I would be concerned about, I -- I feel like
annexation is the point at which the city has the most discretion to approve or deny a
property coming into the city and so we can determine if it's in our best interest. If we
have already approved an annexation, then, that discretion goes away and so my
concern would be, you know, we have approved basically just the concept that you will
put residential on two-thirds of your property and we have not seen a traffic impact
study. Any details. You have some examples of elevations, but it just -- it feels like a
really low level of control where we are a City Council that often cares about whether
kids have a playground, if there are sidewalks -- I can think of a number of items. So
just help me get comfortable with your request to -- to only have to come back to modify
the development agreement for the C-N zone. That just feels really tough to me.
Thanks.
Mueller: Council President and Council Woman Strader, thank you. Yes, the residential
development -- you know, I think the -- you are right that the -- any kind of just -- you
know, really discretionary nature out of the residential development would be removed.
So, at that point we rely on your very well crafted code to -- to provide the type of
amenities, the open space requirements, all of those things that make a complete
neighborhood and, you know, looking at -- I -- I think the -- the main thing that we think
can give you comfort is -- is, again, the elevations. You are not going to get -- I know
that this happened elsewhere. You are not going to get a three story -- you are not
going to get a three story building. You are going to -- you are going to get what we
have shown you and if we want anything else, anything different than what we have
presented tonight, and it -- or if you want to see anything else and make that a part of it
we would -- I guess what we would have is -- is maybe more specific conditions. If you
wanted there to be a specific type of amenity in the -- in the subdivision, but -- so, all
that -- all that to say is we have -- I think we have shown what the subdivision will look
like and, again, we -- and, then, your discretion remains entirely with -- remains with any
of the commercial development,
Strader: Council President?
Overton: Council Member Strader.
Strader: Is that really true though? I -- because I -- I want to give an example. So, my
understanding is there has been a change in state law and now like, for example, multi-
family is -- is potentially allowed a of right in any commercial zone, for example. So, if I
approved this annexation today could I see, for example, a six story multi-family building
in the commercial part of your development?
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Mueller: Council President and Council Woman Strader, any development, whether it's
permitted, whether we want to put in a library, anything will need to come through for a
development agreement modification with a concept plan and that is up to your
discretion is a development agreement modification is the City Council's discretion. So,
even though something is -- and that's my understanding. You can ask staff if they
agree with that. But that would be my answer is that anything -- even if it's principally
permitted, even it's -- even if it's the most advantageous desired use out here, like,
again, a library, would need a development agreement modification and would need
your approval in the future.
Strader: Thank you.
Overton: Council Member Cavener.
Cavener: Emily, thanks for the presentation. I -- and I -- I read and watched the
Planning and Zoning hearing a couple of times. I know you guys have been working
really really hard on this project and I also want to begin, because I have got a lot of
questions. But I want to begin -- like I have a lot of confidence that you and your
organization could execute on -- on an approval. So, my concern is not there. But as
you are well aware Council feels maybe they have been bit a couple of times and we
are much more particular about what an annexation is and -- and where we grant it. So,
I'm going to ask a real high level question just to gain some insight from where you guys
are coming from on this and, then, they may dive into some additional questions.
What's the rush?
Mueller: Council President Overton, Councilman Cavener, what I -- as I said earlier, it --
it isn't a rush. This is the first step in a long process. So, as I mentioned it's good public
and private planning. It helps -- it helps with the -- knowing where infrastructure is going
to come and it helps all of the budgets and -- and everything to see into the future and it
helps as a landowner -- I'm representing a landowner -- it creates some shared
agreement and some level of confidence. It creates one more level of confidence, one
more step, one more level of confidence that this is how the city intends for this area to
develop. So, when we work with developers, when we work with commercial
developers, particularly your residential developers, they can start seeing this site
develop. Like I mentioned, investing -- investing in the area, knowing that it's already
annexed into the city and, yes, you have more hoops to jump through. We have got a
lot more applications, but it's the next step. It's -- it's a -- it's a level of comfort knowing
that, hey, we have seen your Comprehensive Plan. We agree with your Comprehensive
Plan and it helps that development process move forward.
Cavener: Council President Overton?
Overton: Councilman Cavener.
Cavener: Emily, you said -- I -- I wrote it down that, you know, this -- you view this as --
as good planning and I'm just going to share -- I don't see it that way and I kind of want
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to lay out why and, then, maybe you can give me some -- again as an expert maybe
where my line of thinking has -- is not correct. So, again, what I'm seeing is -- let's just
start -- begin with the sewer, which is a -- which is a really really big deal. In addition to
your -- if this development be approved it likely would incentivize additional annexation
requests that would come before us that may ask us to accelerate a timeline that I'm
going to be really uncomfortable with, because you have got schools in that area that
are already over capacity with a significant amount of students to come in that area. I
don't look at approving an annexation that puts students in an overcapacity school.
Good planning. It's also going to put vehicles on roads that the highway district said
Star Road is rated F. That -- that's a big struggle for me to overcome and McMillan --
the hits just keep coming -- is I think rated better than E, which is also not great. That's
what I see is huge challenges that I hear from -- from my boss, kids in the classroom,
cars on the roads, are some of their biggest frustrations in an area that is going to be
incredible one day and I'm struggling to understand what the community benefit is for
that good planning to approve an annexation tonight without the necessary
infrastructure to support our existing neighborhoods that are in that area before we
invite more development into that part of Meridian. So, help me understand where I'm
wrong and I really mean that, because I am -- this -- this one is a -- is a -- I don't think I
-- I'm just being very up front, I don't think I have been more opposed to an annexation
in a number of years, not because I don't think this is going to be great, it's because it's
-- it's not the right time for something like this. So, educate me. Help me see from your
guys' perspective.
Mueller: President Overton, Councilman Cavener, I'm not -- I would never call you
wrong, but here is genuinely how I believe it and -- and how I see it. An annexation at
this point before a preliminary plat gives all of those -- the school district an opportunity
to see what is coming down the road. We will not be -- we will not be developing homes
in the next year, in the next two years. It's probably far out from there. So, it gives -- it
gives the -- it gives us a further site of vision. It -- it extends the horizon of what the
school district can plan for and see and understand. So, I think this is -- you know, in --
in -- in some jurisdictions right now is what they are doing is -- or what they have
proposed in some places is once -- if schools are at capacity they put a pause on when
the developer can start developing for three years. So, it gives the school district a
head start. It gives them a head start to see when development will actually come down
the road. So, this is actually -- in my view is actually perfect planning and it's, in fact,
some of what other jurisdictions are doing. It extends that horizon and lets them plan
even further into the future.
Cavener: Council President Overton, maybe just one more comment.
Overton: Councilman Cavener.
Cavener: Maybe two comments. One, you are welcome to tell me I'm wrong anytime. I
really value a partnership and it's with everybody that's here. You wouldn't be the first to
tell me that I'm wrong. Second, you -- you touched on something that I -- I want to
make sure that you are comfortable with, which is you -- you are saying condition us
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through all the conditions you want and I -- I will tell you as a Council that has tried very
hard to not be a heavy-handed Council to design a neighborhood, to say this must be
here, that must be here, that is -- that is a slippery slope and -- and if that is true what
you are asked for I think we can have a very large conversation, but I think that -- at
least the level of conditioning that would need to come from me to satisfy an annexation
approval may not be those types of conditions that you are going to be looking for. So, I
just -- I -- I just urge some caution about inviting that and I -- I would urge caution for my
colleagues on that. I don't think that that's how Meridian intends to function. We try to
respond to what development community wants to bring to us with what meets the best
interest of our community. So, just -- just I think some food for thought to -- to consider
is -- I -- I'm happy to do that, but I -- I -- I worry that that would be a complex and non-
beneficial process for you, your client and the Council.
Mueller: Councilman -- or President, thank you. Thank you, Councilman Cavener. Yes,
I -- I agree that -- that we don't want to design a full project by conditions. That -- that
makes no sense. So, I agree with you completely. My point more narrowed is if there is
a specific element that you or a Council Member would like to have a conversation
about, I'm happy -- we are happy to discuss that. But as you mentioned, if -- if -- if yours
is multiple pages, then, that's not an appropriate way to design a -- a project.
Cavener: Maybe -- Council Member Overton, just maybe a question then --
Overton: Councilman Cavener.
Cavener: Would -- would you and your client accept a condition that we wouldn't issue
a certificate of occupancy to any building until 2035?
Mueller: Councilman -- President, excuse me, Overton. Councilman Cavener, probably
not. I would need to ask my client. Eight years to nine years out. That's -- that's a long
way away. So, I probably not would be my answer.
Cavener: I figured as much --
Mueller: Yeah.
Cavener: -- but I just -- I think that's just a starting point, where I'm thinking about in
terms of the long term impact of this development in that part of Meridian.
Mueller: Yeah. Thank you.
Taylor: Councilman Overton?
Overton: Councilman Taylor.
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Taylor: This might be a question for staff, too, but is this property in the Meridian area of
impact or is it -- where does it fall right now? And I don't -- Emily, I'm not sure if that's a
question for you or maybe I'm looking at Nick to answer that question.
Napoli: Council President, Council -- Councilman Taylor, that is correct. So, it is in The
Field Sub Area plan. It does fall in our area of impact. Area of impact actually border is
Chinden -- north side of Chinden to Star Road. So, this property would be essentially
contiguous to Star Road or to -- to the city of Star once this property is annexed up
here. But, yes, it is in our city area of impact. It is contiguous to the Cole Valley
Christian School to the south and, yes, it is in The Field Sub Area Plan, which is the
northwestern most portion of our city and really the -- where our area of impact meets
Star and Nampa. So, that is correct.
Taylor: Okay. Councilman Overton, just to follow up.
Overton: Councilman Taylor.
Taylor: In your presentation you talked about access to sewer from city of Star that they
had sewer there. I'm just curious have you had conversations about getting access to
sewer from Star? Has that been part of the discussion before that you have had? I'm
just kind of curious why you would bring that up -- up in your presentation.
Mueller: President Overton and Councilman Taylor, no, we have not discussed that with
Star. We also manage property in -- directly north of this in the city of Star, which is why
we know that that sewer is there and the Star sewer and water district operates
separately from Star. So, we just -- we know that and I -- I guess I just bring it up as --
to -- to say that it's -- it's a risk for us at some point to develop not knowing when sewer
is going to be available. To the counterpoint of what was discussed earlier with Mr.
Warren of -- Mr. Stewart of waiting, if we know -- we know that we are going to have to
wait and we won't be forcing the city's hand on that.
Taylor: Councilman Overton.
Overton: Councilman Taylor.
Taylor: Yeah. And I think I'm -- I'm leaning a little bit towards what Councilman Cavener
shared and even the concerns that Councilman Strader shared about the lack of detail.
I'm not -- I'm probably not as insistent on wanting to see a high level of detail. I know
we have looked at applications before where they were kind of -- they were big, they
were kind of bubble concepts with the idea of coming back to bring in more clarity and I
-- I see this as sort of saying here is sort of how it's going to take shape. But I do agree
it's hard to -- I'm actually a little bothered by the idea of not coming back with a
development agreement for the residential, like just seems trust but verify is what you
are asking of us and I'm not sure I'm there, but I -- I'm not opposed to the idea of -- of
approving of concepts, but seems so in some ways hypothetical about what you are
suggesting to us, like it -- it could take a lot of different turns, especially because we
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know the likelihood of this -- of dirt moving and things being built is -- is down the road a
little ways; right? You got to get the infrastructure there and so we are a little ways
away from that. How do market conditions change? What kind of interest is there? So,
I'm still looking for a little bit more of a compelling argument as to why it does make
sense to -- to approve this annexation with such low level of clarity about plans. I'm not
opposed to it, because I have voted to approve other sort of bubble concept plans for in
the city, but can you -- and I don't think it's a perfect way to plan. I mean we have our
future land use map that gives people a sense of what we are looking for and I see this
as sort of halfway between future land use map and a more well thought out proposal.
So, I see what you are arguing in terms of this helps us get greater clarity, but it doesn't
give us the kind of clarity that I'm not -- I'm not sure if Council's quite there. I don't think
I'm quite there yet, but I -- maybe I could be. I'm still open to some more thought and
input and testimony and discussion. But if you could help me revisit quickly -- and this
will be my last question -- why would we not want you to come back with a development
agreement on the residential? I -- I know you -- you talked about it. I -- it wasn't clicking
in my head. I don't understand why -- why that is a -- is not a good idea. I don't want to
give a bunch of conditions today. I think you should come back when you have more
clarity of -- of thought about this. So, help me understand why you made that argument.
Mueller: President Overton, Councilman Taylor, the argument is that we have provided
enough information for you to know what that development will look like. The types of
homes, the pathways, the -- those sorts of things and, then, on top of that we will
comply with any and all code and -- and -- and maybe I will also have staff speak to this,
because this is a condition that we have discussed a lot and I don't want to put words in
staff's mouth, so maybe I will have you say what we talked about on the phone the other
day and I know your condition has stayed the same, but there are other opportunities for
you to continue to review this for staff to review the preliminary plat and to make sure
that there are other avenues to make sure that this complies. The -- the verification as
you mentioned. So, I don't know, Nick, if you are -- if -- if there are other opportunities
that you can speak to to what you would be reviewing in the future.
Parsons: Mr. President, Member of the -- Members of the Council, I want to help give
you some clarity tonight as well. I think there is some things that we should help clear
up for you tonight. I think it's important. So, couple things. Right now Nick and I
continually meet with applicants waiting for the sewer to get done. So, I was very
appreciative that Warren was here this evening giving you a timeline, because they are
waiting for that piece to get done and they will have the ability to extend water and
sewer to this area. Part two of tonight's discussion -- and I want to thank the applicant
for being here. They were also part of The Fields Area -- Sub Area Plan. They were --
they -- they worked in partnership with us in developing in that plan and some of the
concepts and goals in that plan speak to the city growing from the east to the west.
That was our priority, because we did not want to leapfrog. We didn't -- we knew that
the Can-Ada lift station was happening further to the west, but we didn't want to -- we
wanted to make sure we didn't start there and, then, grow to the east. We want to make
sure that we start from the east and grow west and as part of that plan it says that the
city -- here is some of the recommended items that are actually highlighted in the plan
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for you and I'm going to read them word for word for you. So, it says favor development
that proceeds east to west in approvals and entitlement decisions. The timing for that
one to three years. So, the plan's been adopted -- not very long. Here we are a couple
years later talking with you. We have pending applications that we are processing
currently for that area that will open up additional infrastructure expansion. So, just
want to share that with you. And, then, part two of that recommended action was that
we would coordinate with developer groups to assist in the creation of community
infrastructure district or, alternatively, a local infrastructure district. So, we have been
talking with developers, they have been talking with Public Works, they have been
talking with our Community Development director on coming up with a plan to facilitate
the expansion of those -- that infrastructure sooner rather than later. So, as we are
talking about this -- this development tonight, I agree it's -- the R-8 looks -- to me it looks
far enough along what we would envision. The roads are there. Open space. We don't
have lot sizes, but we can visualize what that could look like. That's why typically when
we don't have the -- all the information for the commercial, we have the applicant -- our
-- our typical process is come back with a plan when you are ready. Now, the Council --
you still have the ability to say, staff, you are wrong, we don't think the R-8 is far
enough. Come back with the DA for all of it. But, again, that is your prerogative for this
evening. But for tonight I think we are doing exactly what the plan wants us to do. We
are trying to get this annexed. We are working with other developers. We are having
those conversations to -- to meet kind of these recommended actions that you set in
policy for us to do and though it seems far off in the distance, it's going quicker and
going to happen a lot faster than we all realize and so I just want to at least give you
that context as you deliberate on this application tonight. We are doing what's
expected. The unique piece about this is the sewer for this piece of property is actually
coming from the west to the east, even though the plan tells us to go east to west. But I
know Emily's group has been talking with that developer. So, again, I -- those -- those
are ongoing discussions that we need to have and we will continue to work with our
Public Works Department to come up with a solution.
Miles: Council President Overton, Council, just wanted to add a little more clarification
as well. Be a little more blunt. I think to some of the comments from Councilman
Cavener about traffic in schools, there has been discussions with properties to the west
who are interested in developing sooner than -- than this parcel is interested and have
had discussions with Star Water and Sewer District and the county and have had pre-
applications with the county proposing to go to the county. So, a little bit to the
comments and the concerns that I heard expressed. This Council body may not have
an option to have input if that were to happen and so to some degree that's another
important factor in the proper policy planning, long term outlook for the city as we
continue to look at what's best for the city and the community, as well as our
development partners. And so I want to thank staff and thank the applicant as well for
having that foresight to some degree. But that is a risk that's out there that I think is
important to put on the record that we have experienced and heard as well. I'm happy
to answer any additional questions.
Overton: Staff, any additional questions? Emily, thank you.
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Mueller: Thank you so much.
Overton: Madam Clerk, do we have anybody signed up on this hearing?
Lomeli: Thank you, Councilman President. I have Josh Leonard.
Overton: Welcome, Josh. If you can state your name and address for the record,
please.
Leonard: Thank you very much, Council President, Council Members. Josh Leonard of
the Clark Wardell Law Firm. 251 East Front Street, Ste. 310 in Boise. As you probably
know, our law firm, as a practice, doesn't oppose applications and that's not what I'm
here for tonight. I'm -- I'm here to ask for additional information from this applicant. I'm
going to echo a little bit. I'm going to jump off my prepared remarks and -- and echo a
little bit about what Council Members Strader, Cavener and -- and Little Roberts have
said tonight. This -- this is a large area. This is a very -- I like the term bubbly -- or
bubble plan that -- that you used. Without a lot of detail. In one instance in the staff
report, Table 4, 1 would draw your attention to that. It has I believe nine areas of
information to be provided and in six of them it says to be determined with a future
development agreement modification and preliminary plat. The only information that's
provided there is the size of the acreage and the -- the physical features that include the
west tap lateral. The best question that was asked tonight in my opinion was what's the
rush. It -- it -- it feels a little bit rushed. It feels like I don't know exactly as a -- as a
member of the -- the community what -- what is planned for this area and I would like to
know a little bit more. I also am concerned about the fact that there is a -- a gap that's
development dependent for sewer, even though conversations have been -- been going
on, that type of a gap often leads to concerns and -- and -- and problems of the type
that Council -- Council Member Little Roberts mentioned. Again, I -- as I stated at the
outset, I don't oppose this application by any means. I have clients that I'm sure will
benefit from this application and ultimately I think it -- it -- it should be approved. I just
don't know that that time is now. Thank you.
Overton: Council, any questions? Thank you, Josh. Madam Clerk.
Lomeli: Councilman President, no one else has signed up.
Overton: Is there anyone else in the room that would like to comment on this
application at this time? If not, is there anyone online that would like to comment by
using the raise your hand feature? Seeing nobody else wanting to comment, Emily,
would you like to close?
Mueller: President Overton and Council, thank you. The first thing that I will say is that I
talked with my client and he is happy to do a DA mod for the residential if -- if that,
hopefully, I believe would give the Council the continued discretionary approval that they
would like in the future. So, the -- the conditional change that I suggested -- we are
okay leaving it with -- as written by staff. The second thing that I would like to say is
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appreciated Mr. Leonard's comments and I maybe missed at first who he represents. In
the past he has represented the storage facility user. The -- the city did oppose that
storage facility when it was developed. Again developed totally outside the vision of the
specific area plan and part of my clients' hope is to not let that happen again. To see
this area develop as it was planned and this is an important first step to implement it,
just -- not just for this parcel, but for the entire area and I hope that -- I hope that that's
received well and -- and, again, my client's intention to see this area developed as the
city staff has -- has prepared. I was in this room when the specific area plan was
adopted and we want to see this -- this was, you know, said it -- to be the last best area
of the City of Meridian. We want to see that happen and with the development
agreement modification on the entire property, we will be back for discretionary
approvals and so that's what I will end with and appreciate -- yeah, appreciate the
opportunity. If anyone has any other questions.
Overton: Council, any additional questions? Thank you, Emily.
Whitlock: Mr. President?
Overton: Councilman Whitlock.
Whitlock: I don't know if you can go back to that very first slide for me again. When
Emily first showed that it jumped off the screen to me that the city of Star is highlighted
there and our only connection is from the south through Cole Valley Christian. The rest
of the city of Meridian there to the east -- you know we have got a nice highway that's
going in there and it's not contiguous yet. City of Meridian with this property to the -- to
the east of the property. I appreciate Mr. Miles' comment that there is a risk. I don't
know how big of a risk. I don't know how easy it is for the city of Star to reach across
Highway 26, Chinden Boulevard there and -- but if conversations have been happening
with other developers in this area to me that's a risk. I think this area is too valuable to
put it at risk of being serviced by the city of Star or Star Sewer and Water. So, again, I --
I appreciate this depiction that's on the screen. I appreciate the additional conversation
that we have had. I -- I consider -- I -- I hope that we as a Council will consider the risk
of not doing something and moving forward and that would be my answer to the
question of what's the rush. I -- I would like to avoid any risk of losing this -- access to
this land and adjacent properties. So, that's -- that's my two cents at this point.
Little Roberts: Council President?
Overton: Council Woman Little Roberts.
Little Roberts: Mr. President, colleagues, I'm kind of thinking along those lines myself.
That's been -- when I saw the map pop up I concur with Councilman Whitlock's kind of
assessment regarding that. I have got a friend that recently moved just a little bit north
and was given originally a Meridian address to -- only to find out that that is not correct.
So, it is definitely some gray area and I think by going ahead and doing the annex it
would prevent any gray area in that spot. That's just my concern at this point. But it
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does. And it doesn't sound like they are in a rush. I know they would like to get things
going, but it doesn't sound like they are in a rush to get things building, because they
can't -- they understand they have to wait until they have sewer, water, et cetera. And
so I think -- you know. And it sounds like we will have plenty of opportunity to be part of
those steps as things go along. So, I would like to see us go ahead with this project.
Overton: Council, I haven't made any comments this evening yet to this point and, quite
honestly, one of the issues I have, especially with our legislature just coming to a close,
is that I have discovered that my crystal ball is broken and trying to figure out and
determine what's going to occur and how it's going to occur for our city is -- is many
times not in our own hands. But I can't help but go back to some of the basics of this
application, with one of the basic parts being that the landowner is a player at the table
helping design how this area was going to be laid out. I don't think we are looking at
somebody who is going to sell out to someone else. I don't think we are looking at
somebody who is trying to come in from out of state and make a quick buck and get out
of town. I think we are talking about somebody who has made major investments in this
valley, major investments in our city, and I think you have to remember that as we look
at this there is a lot of unanswered questions. There are secondarily -- and I do this a
lot, because I put a lot of faith in our subject matter experts whether they are with Public
Works or Community Development. To me you guys are -- are our ears and eyes of
what's going on and when you guys sit there and tell me how this is going to work, how
it's going to play out -- the only thing we don't understand right now is the time it's going
to take to get these hookups connected. But this isn't a situation where the applicant's
going to come back to us in two years and say, hey, where is my connection? Because
you know as of right now that nobody in this room can guarantee the date that that will
happen. That date is uncertain. I think this is a very important corner of our city and I
surely would like to see it developed and maintained and serviced by the City of
Meridian. I think we have talked about this area for a long time. A long time and
because of that -- because of many different factors I agree with the unknown. I
appreciate the fact that we will be looking at a DA mod on the residential. I think we
deserve that. Quite honestly, I think the rest of the city deserves that to be fair with
other applications. I would stand on the point I would be supportive of this application
moving forward.
Strader: Council President Overton?
Overton: Council Member Strader.
Strader: I have some thoughts and a question actually for Bill Nary, if that's okay. So, I
-- I appreciate the dynamic with Star. Had not thought about that too much. But I'm
kind of struggling with accelerating a development that in my opinion is not at the stage
of application where it should normally be for this step. Because of that dynamic I don't
know where I'm going to land on that. I do appreciate the applicant's offer of a DA mod
on the residential. I think I would be an absolute no if it wasn't for that potential avenue.
I guess my -- my question for Mr. Nary is what is the real risk of annexation by Star into
our area of impact under state law? Like what -- what would that look like? How would
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that process play out if there was a dispute or if there is a -- a jump ball property that
somehow is -- is in between us, how does that work?
Nary: So, Mr. President, Members of Council, Council Member Strader, there is nothing
in the state code that prohibits a city from annexing into another city's area of impact. If
they are contiguous and consensual it's not only allowed, it's not even actionable by an
opposing party or imposing city that would be against that. So, there is nothing that
prohibits it.
Strader: Follow up?
Overton: Council Woman Strader.
Strader: And so hypothetically, even with approving this application, properties to the
west of us could still annex into Star; right?
Nary: So, Mr. President, Members of Council, I mean, again, contiguity is going to be
the key. So, yes, I mean some of those properties that are still adjacent to Star still
have that potential. Some of it obviously depends on serviceability as well. But the
contiguity is going to be the key for the things below those ones that are below Chinden
would be more problematic for those, because you need to get out for that domino of
having to get another one and another one to get there, so -- parts of this would be
adjacent to some of those.
Strader: Council President?
Overton: Council Woman Strader.
Strader: And I apologize, because this is going to take us down another rabbit hole.
Would it be okay if we hear from Warren really quick on a question I have about that?
Overton: Council Woman Strader, absolutely.
Strader: Thank you. So, my question is what is the geographic and functional viability
of the City of Star actually extending their sewer line under Chinden Boulevard in your
opinion. Just as a subject matter expert will be involved in them actually extending their
sewer trunk line below, you know, that major roadway.
Stewart: Council President, Council Woman Strader, it wouldn't be that hard. In fact,
there is already a property to the west who has requested it. I think it's important for the
City Council to understand that the city of Star and Star Water and Sewer District are
not the same entity. They are completely separate. And so Star Water and Sewer
District can do what they want, even if the city of Star doesn't follow along. And Star
Water and Sewer District has been asked to extend sewer -- or -- yeah, sewer and
water underneath Chinden Boulevard to a property west of where we are talking about
right now and they have agreed to file an application to make that happen. They would
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just have to put a casing -- they bore a casing underneath the roadway and slip the
pipes underneath. We have done it multiple times on Chinden and they could do the
same thing.
Strader: Okay.
Stewart: And they have already expressed that they would have no problem trying.
Strader: Follow up.
Overton: Council Woman Strader.
Strader: So, what -- you know, anytime that we are planning for a sewer -- and I -- and I
know this is a very -- one of the first meetings I had when I was running for City Council
is to sit down with the planning director to really understand the importance of sewer
trunk lines and what a huge investment it is. So, we have made I think a pretty bold
step of extending a sewer trunk line all the way down McMillan and so the -- we are
doing that through some partnerships the staff and the city is taking on an enormous
infrastructure burden and accelerating a plan that we actually had foreseen a couple of
years down the line. What is the risk to us of putting that infrastructure in place and,
then, potentially having properties to the west that we expected would be part of that
sewer trunk shed not part of it? Like how does that refactor into our modeling and our --
and I'm not expecting you to model it right now today, but like what -- what would that
mean for us? What would that scenario be like and how would it play out long term in
terms of viability of our sewer infrastructure in this area?
Stewart: Council President, Council Woman Strader, we have already, because of the
circumstances that have occurred out there that we have become aware of, we have
done a lot of that very exact modeling. So, anytime you reduce or remove parcels from
the sewer shed boundary that you set or your -- your master plan boundaries, you
remove a portion of that. You are removing a certain amount of flow, because we would
have anticipated in our master plan that that would have developed according to the
Comprehensive Plan and we would have factored that into the size of the main lines.
So, potentially if we lost enough property it would mean that the infrastructure that we
have already invested in might be oversized and bigger than we need and you might
say, well, that's unfortunate, but the other thing that happens is the pieces of that line
that haven't been built that will be extended will also need to be reduced in size and
anytime you reduce the size of a mainline you have to increase the slope of the main
line in order to keep the -- the effluent flowing correctly, the hydraulics in the pipe
working. What that means is we can't reach as far without putting in another lift station.
So, if we lose enough property in the right locations -- I can't tell you exact scenario,
because I don't know, you know, which parcels it might be, but you could be looking at a
situation where we would have to put in additional lift stations, which are extremely
expensive, both to build and operate in order to serve areas that now don't have the
sewer flows to justify the larger pipes that keep the elevations down and allow us to
serve further out.
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Strader: Thank you.
Overton: Thank you, Warren.
Taylor: Council President Overton?
Overton: Councilman Taylor.
Taylor: Some of this discussion reminds me of a couple years ago the boundary battles
between Star and Middleton and ultimately the legislature had to get involved to require
them to redraw some area of impacts and boundaries and I kind of see that a little bit
happening here. I see this really -- this is really the City of Meridian putting its flag down
saying this is a property that's important to us, important to how we want to grow and
develop and it's a -- it's a high priority area and it's going to grow incredibly quickly once
Highway 16 is completed and there is going to be a ton of demand. I'm very concerned
about school overcrowding. Usually I'm okay with that because of how West Ada
adjusts the boundaries. This area is feeling quite a bit of a pinch. I really struggle with
that. But I have also seen our -- our enrollment trends going down and I know West
Ada has been continually adjusting that to accommodate as best that they can. I think
they have done -- West Ada has done an incredibly good job with that. This is an area
that's going to just feel a little bit of pain with -- when it comes to some overcrowding
with respect to that. But I can support this tonight, because I do think it's a high priority
area, but I would require that the applicant come back with DA modification for the entire
property, because I -- I'm not convinced that we know exactly what it's going to look like
despite all the input that is required in The Field Sub Area Plan and everything else that
we have in city code. So, I'm not thrilled, but I understand why it makes sense as a --
as a strategic move for the City of Meridian, so I think I will be supporting tonight.
Strader: Council President Overton?
Overton: Council Member Strader.
Strader: I think that's where I'm shaking out. It really bothers me though -- it really
bothers me to kind of set up a lower bar for what I consider to be appropriate readiness
for an annexation. I just think that the public investment in infrastructure that we have
already made in our sewer trunk line that we are already extending down McMillan
Road is of such a magnitude and I actually was against accelerating some of that
infrastructure at the time for some of these similar reasons I just -- it really bothers me to
-- to accelerate infrastructure. However, we -- we chose to do that already and I respect
that decision and so for that reason, because I feel that the public investment would not
be -- let's call it the highest and best use of our taxpayers money and our investment as
a city, I will -- I will approve this with the only -- with the condition being we have to have
a DA mod on the entire thing. I think that's the only way that I could ever get
comfortable and it, again, with a lot of heartburn and I agree that the overcrowding in
the schools of this area is quite acute.
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Whitlock: Mr. President?
Overton: Councilman Whitlock.
Whitlock: Mr. President, I just -- I -- I appreciate that and I -- I would agree as well that
we do need to have the applicant come back with a -- a DA and while there may be
some heartburn, I -- I have a level of confidence in this. I know that the applicant has
been involved in this area for a long long time and has an interest in seeing it developed
properly. In fact, we are going to have a regional park in this area thanks to this
applicant and partnering with the City of -- of Meridian. So, I don't have as much
heartburn. There is some concern, obviously, but also a degree of confidence that this
will be developed in time when the infrastructure is there and available and it will be
done in a way that -- that we will have a chance to look at it and approve any -- any
development agreements moving forward. So, I will be supportive of this tonight.
Overton: Council, if there is no further comments, do we have a motion to close the
public hearing?
Whitlock: Mr. Mayor -- Mr. President. Sorry. I just promoted you. Mr. President, I move
that we close the public hearing on Agenda Item No. 16.
Little Roberts: Second.
Overton: I have a motion and a second to close the public hearing. All in favor say aye.
Nay? Ayes have it. The public hearing is closed.
MOTION CARRIED: ALLAYES.
Whitlock: Mr. Mayor -- and I want to make sure I get this right. So, the condition -- so
did get it wrong again. Mr. President.
Overton: Councilman Whitlock.
Whitlock: I want to make sure that the conditions that were shown on the screen are
included in the motion. Do you need me to read each of those or just -- that are
included in the staff report?
Napoli: Council President, Councilman Whitlock, this is as recommended by the
Commission and staff at this point. So, this is what's in the report right now. If this is
what you guys agree with, which does require the development agreement modification
for the entirety of the site, that would be just as presented in the staff report.
Whitlock: Thanks, Nick. Mr. President?
Overton: Councilman Whitlock.
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Whitlock: After considering all staff, applicant and public testimony, I move to approve
File No. H-2026-0003 as presented in the staff report for the hearing date of April 14th,
2026.
Little Roberts: Second.
Overton: I have a motion and a second. Madam Clerk, roll call vote.
Roll Call: Cavener, nay; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea;
Whitlock, yea.
Overton: Five ayes and one nay. The motion passes.
MOTION CARRIED: FIVE AYES. ONE NAY.
17. Public Hearing for VanTrust (H-2025-0052) by VanTrust Real Estate,
generally located at the southwest corner of Black Cat Rd. and
Franklin Rd.
A. Request: Annexation of 23.13 acres of land consisting of six (6)
buildings that span a total of 340,000 sq.ft. in the I-L zoning district.
18. Public Hearing for VanTrust (ZOA-2025-0002) by VanTrust Real
Estate, generally located at the southwest corner of Black Cat Rd.
and Franklin Rd.
A. Request: UDC Text Amendment to adjust the flex space standards
to lower the office requirement from 30% to 10% in the I-L zoning
district.
Overton: Council, we move on to No. 17 on our list tonight. It's a public hearing for
VanTrust, H-2025-0052. Before we open this for staff comments, Councilman Whitlock.
Whitlock: Mr. President, before we go to staff comments, I live a stone's throw from
these next two agenda items. I pass through the intersection of Black Cat and Franklin
daily, so I'm very familiar with the area. However, I just wanted to disclose I have not
had any visits to the applicant site, nor have I had any ex-parte conversations with
anybody involved. I'm prepared to participate in the public hearing tonight.
Overton: Thank you, Councilman Whitlock. I will open it for staff comments.
Napoli: Council President, Members of the Council, next item on the agenda is the
annexation and UDC text amendment for VanTrust. I'm just a -- it is two separate
applications. I will be doing it in my presentation as one, but I will break it up into the
annexation first and, then, the UDC text amendment at the end and I will clarify that
when I do make that transition. So, the applicant requests annexation of 23.13 acres of
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land with a concept plan consisting of six buildings that span a total of approximately
340,000 square feet in the I-L zoning district. In addition, the applicant requests a UDC
text amendment to adjust the flex space standards to lower the office requirement from
20 percent to ten percent in the I-L zoning district. The site is generally located at the
southwest corner of Black Cat Road and Franklin Road and as shown on the screen the
existing zonings for the two properties is RUT in Ada county and the FLUM designation
is low density employment and mixed employment. For this application the applicant
did request that we view the entirety of the project as a low density employment FLUM
designation as it is the majority of the -- the FLUM designation for the two properties.
All right. So, the low density employment designation is defined as a low -- as low rise
and specialized employment areas. The intended uses for this designation include
corporate or business offices, research facilities and laboratories. In addition -- in
addition it should be designed to incorporate traditional neighborhood designs, such as
pedestrian circulation, connection to open space, enhanced landscaping, tree lined
streets and plazas. The intent behind this is to create developments that are more
attractive engaging and accessible. So, the applicant -- and this is the Ten Mile Plan.
This is straight from the Ten Mile Plan. On the right-hand side is really the low density
employment description and, then, here on the left-hand side is one of the zoning
compatibility matrix, which in this it does say office and research as the uses that would
be envisioned under the low density employment. So, the applicant is proposing
340,000 square feet of industrial uses across six buildings. The applicant's narrative
states that the proposed uses include light manufacturing and assembly, flex space and
warehousing and distribution. The applicant estimates over 575 jobs or 1 .91 jobs per
one thousand square feet will be created. In addition, the applicant argues that the
project aligns with the low density employment designation due to higher employment
density, non-nuisance like uses and enhanced design. Lastly, the narrative notes that
the City of Meridian and the general region has vacancy rates under five percent for flex
spaces. Let's see. So, staff has met with the applicant multiple times over the past year
to review the project and throughout these discussions staff has consistently stated that
the annexation cannot be supported without a concurrent Comprehensive Plan map
amendment. This position is based on the project's inability to meet the allowable uses
within -- and the key -- key design elements of the low density employment designation.
The Commission and staff found that the applicant's proposal does not align with the
intended uses in the low density employment designation and lacks the traditional
neighborhood design that is called for. I would like to add that the applicant did make
some changes since the Commission hearing. They are going to highlight that a little bit
more in their report to try to address specifically more of the design elements rather
than the uses and that the applicant will show that a little bit more in their report as far
as in depth. In addition, the Ten Mile Interchange Specific Area Plan envisions a
transition from residential uses east of Black Cat Road to an industrial node near State
Highway 16. Staff notes that mixed employment and low density employment
designations are limited along the Black Cat and Franklin corridors, including the --
including this project. The I-L zoning currently comprises of approximately 54.15
percent of the low density employment FLUM designation and 61 .28 percent of the
mixed employment FLUM designation. With industrial uses taking over these FLUM
designations the area -- staff has concerns that the area will lack key elements of the
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plan, including office and employment uses, supporting -- and supporting services. In
addition to this it adds a significant amount of truck and freight traffic on the Franklin and
Black -- the Franklin, Black Cat and Ten Mile corridors that were not initially
contemplated when the plan was adopted. So, here is an image of -- an overlay image
of all the approvals that we have had in this area. Anything that's shown on the map is
existing, but anything that's actually highlighted -- so pretty much this area is what's
been entitled. Anything highlighted in orange is what has been built. Highlighted in
yellow is the applicant's proposed site and anything that's not been highlighted is yet to
be constructed. So, the -- the overlay depicts approximately two -- 2,284 residential
units and 4,318,360 square feet of commercial and industrial space, most of which has
not been constructed yet and we have not realized the traffic impact of that yet. So,
staff is asking the Council to carefully evaluate whether the continued expansion of the
I-L zoning into the low density employment and mixed employment FLUM designations
is appropriate. I will go back to their site plan. So, access to the site is proposed from a
future collector street near the southern portion of the site and a shared access off
Franklin Road with the western neighbor, which is Butte Fence. In addition, the
applicant has stubbed a frontage road to the property to the east to allow for cross-
access in the future and that would be right here. So, in early February ACHD and --
had indicated to the applicant that they determined the only access to Franklin would be
the shared access with Butte. So, that did significantly change the applicant's concept
plan. They actually had two small bay industrial buildings up here that would more have
met the intent of the plan, but since they didn't have access they felt that the feasibility
of those buildings would not be possible and I'm sure that they will go into that a little bit
more with theirs. So, when staff learned about this, obviously, the plan changed in
February to -- for the applicant and, you know, staff -- staff shared a lot of the same
concerns that ACHD did and ultimately with ACHD's recommendation to only allow for
that shared access point it did change their concept plan significantly -- significantly.
ACHD -- ACHD staff report indicated that the anticipated trip generation is 1 ,119
vehicles per day for this development. So, staff agrees that there may be a strong
market demand for industrial uses, but this Ten Mile Specific Area Plan specifically says
the intent of the plan is to create a place that will add long term economic stability for
the City of Meridian and not just respond to immediate forces and trends. So, that's the
annexation portion and we move on to the UDC text amendment and, then, I will add a
summary of the Commission hearing at the end. So, the applicant is proposing to
amend the flex space standards to lower the office requirement in the 1-1 zoning from 20
to ten percent. The applicant asserts that this change would better align with the
current market conditions and would remove an existing barrier to leasing flex space in
Meridian. Staff is currently working on a broader code change amendment to address
the flex space standards, which were most recently adopted by the City Council in June
of 2025. Staff has informed the applicant that the comprehensive code change is being
developed to address inconsistencies with the newly adopted standards and one of that
is that percentages don't add up to a hundred percent in the current standards and
that's something staff's working on changing so that there is correct -- a complete code
that is cohesive. So, however the applicant did elect to proceed with the proposed
amendment. The Commission and staff do not support -- support the proposed UDC
text amendment as it would have implications beyond this individual development.
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While the applicant notes that flex space vacancy rates in Meridian are critically low,
they also contend the current flex -- flex space standards present a barrier to leasing
and staff finds this to be a contradictory statement. Additionally, that -- within the I-L
zoning district warehousing is a permitted use that already allows an office component
up to ten percent. Adoption of the proposed flex space amendment would perpetuate
inconsistencies in the code, including percentages that do not total one hundred percent
and would effectively flex space to function identically to warehousing in the I-L zone.
Staff agrees that revisions to this section of code are warranted. However, the
applicant's proposed amendment is narrowly focused on a single development and
does not adequately consider citywide impacts. Staff has met with the UDC focus
group to discuss proposed revisions for the flex space standards and we will be
presenting these changes to the Planning and Zoning Commission and City Council
later this year. So, at the Planning and Zoning Commission hearing the Commission
recommended denial of both applications due to the site not meeting design -- site
design standards, the absence of Comprehensive Plan map amendment and wanting
staff to lead the UDC text changes, rather than a developer for a single development.
We have received written testimony from the Thurston family since the Planning and
Zoning Commission hearing and they are in support of the proposed -- the proposal as
their property is one of the properties included in the concept plan and they would look
to move forward with the sale of their property. In addition, they said the existing home
will likely be wiped out with the future expansion of Franklin Road. Overall they are in
support of the project and I will stand for any questions that you guys have at this time.
Overton: Council, any questions for staff?
Strader: Council President?
Overton: Council Member Strader.
Strader: Hello. So, with this one would you mind going to the Black Cat map that
shows -- yes. Could you just zoom in a little bit on this property and walk me through
what we have approved in this area? And part of it is my gut, after reading the
application, is like, of course, we should consider a comp plan amendment for this area.
If this is a burgeoning industrial corridor, which it appears to be, maybe that -- I mean
we -- we have always said we are underweight industrial as a city. Like that -- like just
stepping way back. But could you kind of walk me through like what have we
approved? Have we approved residential here? Like let me understand what exactly
has been approved in these surrounding contexts for this property.
Napoli: Council President, Council Woman Strader, so you just want me to highlight all
the projects that are showing on here? Okay. Perfect. I just want to make sure you
weren't focusing on one section of it. So, I will start in the -- the northeast corner. So,
this is the Gateway at Ten Mile. Mixed-use development. You have multi-family, some
vertically integrated and commercial uses. Then it goes into Outer Banks, I believe is
what it's called. You have commercial uses, a lot of which that have already been
constructed out there with more multi-family behind it. Then you have the District at Ten
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Mile, which is a large mixed-use project that does include multi-family, retail, you know,
some office and employment. Then you have Vanguard Village, which you will probably
see an amendment to that, but this was approved for multi-family. You have an Adler
project. I don't remember the name. It was included I think in the District at Ten Mile,
which is industrial and, then, you have Farmstone, which is mixed employment, which is
industrial uses -- some industrial, with some quasi-industrial uses and, then, you have
Avani Subdivision, which is single family homes. I don't have the exact number off the
top of my head, but I want to say roughly around 300 single family homes. You have AT
Industrial -- or Black Cat Industrial, Meridian Commerce Park, has several different
names that's -- over the years. Roughly I think two and a half million square footage of
industrial I-L zoning. You have Core & Main, which you guys saw last year, I want to
say, which is -- they did a comp plan amendment to be mixed employment, which would
allow for some industrial uses and it is an industrial use and, then, you have the
VanTrust property and you will see a lot more coming and I -- one thing just to add on to
that is we do have a lot of industrial out here. The trunk line for -- in McDermott will be
at Ustick at some point, you know, in the next year or so I think. That agreement has
been signed and executed and I know Toll Brothers is working on that and there have
been other conversations with applications that aren't in the system yet to bring it further
down. So, this industrial area is possible to have sewer at it, you know, not in the direct
future, but, you know, in -- in the timeline of the next five years I think is realistic and just
to give you some backside that there is a lot of general industrial just to the west of this
that hasn't developed yet that will develop as general industrial and that's -- yeah.
Strader: Quick follow up?
Overton: Council Member Strader.
Strader: Do you view there being any unique risk to having so much industrial or a
certain amount of industrial development in this area? I mean I just -- I would view it as
a good thing just generally, but I just want to understand is there something I'm missing?
Is there -- besides that, like I -- I totally do not understand why this was the approach
and it seems like a comp plan amendment makes way more sense. But help me
understand that piece. Like is there something I'm missing where like, you know,
besides -- I understand the Ten Mile Plan, believe me, I was a big proponent of it and
had -- had held firm to it for a long time, but we have -- we have departed from that
anyway and so what is the risk of a comp plan amendment and creating a larger
industrial corridor here? Or is there one?
Napoli: Yeah. Council President, Council Woman Strader, you know, for one I think
traffic is going to be -- freight traffic in -- in particular -- I know State Highway 16 will
connect and have an off -- an on-ramp on Franklin, but a lot of these roadways,
especially Ten Mile I think is better than E as it currently sits and when you introduce
freight traffic that was not initially intended in the area that does negatively impact, you
know, commuter cars, the everyday driver, because freight traffic does slow down the
roads. It congests intersections at a rate that -- I don't remember the exact -- I talked
with our long range staff. They have a little bit more of the statistics and I can find that
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for you if you would like as far as what -- the addition of freight traffic. But I think that's
what staff kind of wants to hear from you guys tonight as well. I think if City Council
does want to see some more industrial in this area and the Mayor -- I think that's
feedback that it -- maybe not with this application, but I think that is something that I
want -- I would want to hear as a staff, because the Ten Mile Plan doesn't necessarily
contemplate that. But if that is the kind of the direction we want to go in the future I
think that not only is it beneficial for staff to know that, I think it's beneficial for the
development community, so we can plan as a -- be a good partnership with the city and,
you know, the private sector to really do what we want out here -- what you and Mayor
has envisioned for this area. So, as far as, you know, long term impacts I think it's, one,
not being consistent with the plan is my -- is, obviously, part of staff's recommendation
for the deny -- and commission's. I think that traffic is one of the largest ones as far as
unintended freight traffic that wasn't initially, you know, contemplated with the plan. You
know, in their plan they do have a lot of loading docks. So, there is, obviously, going to
be a lot of freight traffic that -- you know, with a mixed employment -- I guess mixed
employment and low density employment was kind of envisioned to be Silverstone.
That's what it was in the original. I get -- I -- I think when the plan was intended I think it
was most -- more of to be a -- more of kind of an office park. Obviously economics have
changed, you know, demand has changed. I hear every day when talking with the
development community, you know, there is not the demand for office anymore that
there once was and I think that, you know, the plan -- it still calls for it and I think that's
where we need to find the balance and maybe get feedback from you guys as well to
see if this is the direction we still want to go with the Ten Mile Plan and if this is how we
still want to interpret the code -- or the plan and the code or if we want to, you know,
amend some of that to align better with what we really have envisioned. So, I -- I hope
that answers your question. If you have any more I'm happy to -- to answer them. But
that's really what -- from staff's perspective that's where we are at at this point. Correct.
Cavener: Mr. President?
Overton: Council Member Cavener,
Cavener: Nick, first, appreciate the report and update. I always recognize always the
hard spot for staff to be in recommending denial and I know that's not where you guys
like to begin and recognize Council's decision sometimes create some of that push and
pull that comes from the development community and I have been responsible for some
of that. So, apologies. Appreciate you working with us. Your comment about, you
know, the -- the impact on industrial around traffic consideration, I think that's very
apropos in that area. It's not the first time that you have heard me rally about the
challenges with Black Cat. If I recall, Nick, the -- the Black Cat industrial project that
Council approved a year, two years ago, if I recall limited their growth model based on
the expansion of Black Cat. Am I remembering that correctly? And -- and I don't expect
you have it off the top of your head, but maybe as we get closer to wrapping up if you
could give Council a flavor for what the decision was of the -- of the Council when that
decision was made, because I -- I do think that it certainly would be unfair and
inappropriate to -- to limit one landowner's ability to grow in industrial while granting a
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very similar use to -- to go on. So, I think that's an important piece that we need to
probably consider before we make a decision. So, that's one. And, then, I think,
second, I recognize hypothetically I think that this area does make more sense now for
industrial than maybe what has been previously contemplated. So, just one voice to
share with that. And, then, maybe a third, just to make sure that I'm tracking this
correctly, I don't know where Council is going to land on this. I don't know where I'm
going to land on this. But if Council were to want to move forward with an approval this
evening we couldn't necessarily take that action this evening, we would need to
continue at a later time for staff to draft findings for Council to be able to lean on as part
of their approval process. Am I tracking everything correctly?
Napoli: Yeah. Council President -- Councilman Overton. Start with your last question.
Yes, it would -- we would need to do findings and we would all -- we need to revise the
findings and have conditions of approval. I do have some draft conditions of approval,
but I would want to, you know, work with the applicant before the hearing. So, we were
on the same page or at least, you know, we were on the same page on one of you -- we
were not on the same page about it, so when we go into the hearing -- so, yes, that -- to
say that, yes, we would need to I think continue is correct. That would be my first time
doing that. But, yes, in this role. But for your first question you are correct, Meridian
Commerce Park, AT Industrial I think it was 960,000. I'm very familiar with this area
now. I have -- I have done a lot of the industrial projects out here. It was 960,000 was
their square footage before it triggered certain improvements and I want to say it was
1 .5 million that's triggered additional improvements and I can -- I can pull up that DA and
I can read that off for you guys verbatim in a little bit and maybe after we hear from the
applicant so you guys are refreshed on that. But they -- correct. In that development
agreement there were thresholds that were placed on that development as far as it is a
certain occupancy threshold. So, not maybe necessarily construction threshold, it was
based on occupancy of those buildings. You have to do certain -- it triggers certain
improvements to the roadways. That is correct. And I apologize, your second question
was -- I think it was more of a comment.
Cavener: More of a -- Mr. President, just a comment and appreciate it, Nick.
Napoli: Yeah. Thank you.
Overton: Any other questions for staff? Would the applicant like to come forward? If
you would state your name and address for the record.
McCluskey: Yes, good evening, Council. My name is Chris McCluskey with VanTrust.
Address is 205 North 400 West, Suite 100, Salt Lake City. 84003. Before we begin can
I request from the Council to have an additional allotment of time? We have got quite a
bit to cover, so we wanted to go to 20 minutes in lieu of the 15. Is that approvable?
Strader: Council President?
Overton: We will do 15 and we will judge it at the 15 mark.
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McCluskey: That works. Wonderful. Well, again, my name is Chris McCluskey with
VanTrust. I run development for the northwest and will be the lead on this project.
Lomeli: Council President? Sorry to interrupt. I think he is asking for that additional
time because it is two applications --
McCluskey: Yes.
Lomeli: -- that were kind of combined. Just to clarify --
McCluskey: Because it is both, a UDC amendment and the --
Lomeli: Sorry.
Overton: Thank you for keeping me straight.
Lomeli: You are welcome.
McCluskey: Thank you, Tina.
Overton: Twenty minutes is approved. Thank you.
McCluskey: Wonderful. Thank you. Again, Chris McCluskey with VanTrust. I think -- I
wanted to start out with a little bit of talk about sponsorship. As the Council considers
these projects, obviously, that's one of the large components and so since 2010
VanTrust has developed over eight billion dollars' worth of total project cost, of which
equals about little over 73 million square feet. This year we are projected to do about
1 .2 billion across the country, of which 95 percent is industrial flex products. So, we,
obviously, have a little bit of history with the -- with the product type that we are
proposing here today and we are excited to be a part of the community. So, we look
forward to this being our flag in Idaho and being in this location hopefully barring
approval obviously. But with that being said I would want to introduce our land use
counsel Deborah Nelson. She is going to give you a little more depth on the project.
Thank you.
Nelson: Thank you, Council President, Members of the Council. I will try to keep it as
tight as we can to cover all -- everything that we want to cover. I think you have already
heard the overview of the applications. I will just note additionally that we are also going
to -- oh, excuse me. Deborah Nelson. 601 West Bannock Street for the record. But we
are also going to come forward with a preliminary plat and a design review application in
the future and we are here on the annexation and zoning and the code amendment in
large part because we do need the Council's direction, because we haven't seen eye to
eye with staff yet on the use and so before we go through a lot of those detailed designs
we do need information from you about whether this is a use that you support in this
location. So, Nick already covered the project overview, but I just want to touch on a
couple of things that we are going to have these two different product types. Both of
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them are -- allow multi-tenant use. So, the medium format shallow bay has sizes that
are as small as 18,000 square feet and the micro bay flex will have sizes down to 2,700
square feet. So, this flexibility allows Meridian to attract and keep employers, because
these businesses can stay in their space even as they grow. That demisability of space
is really what's in demand by employers. We are not providing any of the large cross-
bay type warehousing and distribution, such as what you would see with an Amazon
that -- that's really going to be located in your general industrial area to the west of this
site. We expect that these six buildings will support 30 to 40 small to medium
businesses, with clean, quiet, indoor, non-hazardous, light industrial uses that provide
that specialized employment. Nick's already noted that the majority of the site is in the
LDE designation and we have asked to use that consistent with your Comprehensive
Plan that allows you to use the majority of the property. And so next I want to turn to
some of the questions and comments that have already come up and why do we
believe that the Ten Mile Plan as it is drafted now supports the I-L zoning without a
Comprehensive Plan amendment? That amendment from LDE to ME, which are just
two different designations within your employment district, isn't necessary to support I-L
zoning. Both of these designations could support I-L zoning and that's shown here in
the zoning district compatibility matrix. So, it's exactly on point to what we are asking is
which zones are compatible with these designations. Both the -- the LDE and the mixed
employment support industrial and, importantly, the LDE designation is noted as
favorable in this -- for -- for I-L zoning. You can see with the check and the plus that we
have highlighted here and it's consistent with that. Also the city has already decided to
interpret its plan that way and that's what you did exactly on the 200 acres to our south
in the Black Cat industrial project. You interpreted this to allow I-L zoning without a
Comprehensive Plan amendment. And so we followed in that same path that you
outlined. This -- the type of uses that we are asking for here are the same types of uses
that were contemplated there. So, not only from the zoning that we are requesting, but
from the end use that we are requesting it's contemplated those are allowed uses in the
I-L zone and they are appropriate for this site in this designated area. Fundamentally
staff's concern that they have expressed to us throughout a lot of discussions -- and we
really appreciate all of their time that they have spent with us on this application. It's
been very involved in and the -- the -- the topics that they have been concerned about
have really focused on that end use. They have wanted that more traditional office and
understood that to be what was originally anticipated here and so they wanted us to
pursue a comp plan change to ME to support ME zoning. ME zoning does not work for
our uses in the end product that we want similar to the property to the south. It doesn't
include warehouse and distribution as allowed uses, which just adds additional hurdles
for tenants that makes the project unfeasible. So, again, we want the I-L zoning that is
contemplated here in this employment designation. We are also consistent with the
description of the LDE area. It's the right conceptual fit. The ME designated area tends
to have a little bit more of that traditional office park look, also larger buildings in scale,
and we are going to provide that specialized employment that it has that -- the flexible
spaces with the convenient circulation without retail. We will have the landscaping. We
will have pedestrian circulation and the connection to gathering spaces. We meet the
description of the types of buildings that are contemplated in LDE better than the
description of the types of buildings that are contemplated in ME. LDE has these lower
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profile buildings. They are five to 150 thousand square feet. They have a floor area
ratio of under .75 and they are three stories or lower. All of those criteria describe our
buildings and contrast that with ME that has up to four stories, up to a million square
feet and over the .75 floor area ratio and so we are more compatible with the type of
buildings that were anticipated for the LDE designation as well. I'm looking at the
design elements in your Ten Mile. We meet the designations whether it's LDE or ME,
because they are virtually the same. LDE has one additional design element that we
also meet and that's that the buildings are to scale. Again that's consistent with that low
rise building that's contemplated, not the taller larger buildings. We -- we meet all of
these design elements with architectural and facade and the site will have the cohesive
signage and public art and I will describe a little bit more of that. Here are some
concepts of the buildings. Now, again, this will be reviewed in more detail during design
review, but wanted to -- you to see some concept images of the two medium format
shallow bay buildings. These will have multiple points of vertical and horizontal
articulation to break up the facades, pedestrian scale entrances to each tenant space
and significant glazing along the Franklin and the new collector road to create that
inviting appearance. The small loading docks are oriented to the interior of the site,
limiting visibility to adjacent properties and here you can see some of those micro bay
flex buildings also with significant architectural differentiation in the facades and glazing
with that pedestrian scale entrance. On the open space -- as Nick mentioned we have
continued to make improvements to add additional details to address staff's questions
and concerns about this and -- and some of this has even been updated since the
Planning and Zoning Commission, so we appreciate staff's willingness to continue to
meet with us and work on that. Each building will have a gathering space for
employees with hardscaping, landscaping and seating. There will be public art placed
at the site's entrance. A pathway will run along the east side of our site -- this was
requested by staff -- to provide that connectivity from Franklin down to the new collector
and we will also have ten foot wide multi-use pathways along both sides of that east-
west collector and additional sidewalks and crosswalks will be throughout to provide
that connectivity between the -- the employment and the users and their gathering
spaces and here you can see some of the plaza imagery for concepts of what the plaza
and seating area elements may look like here and signs -- we will have cohesive sign
guidelines consistent with VanTrust's industrial complexes in other locations and as
called for in your Ten Mile Plan. The collector road will have that neighborhood feel that
really pulls together some of the elements in the traditional neighborhood and called for
in your plan with the landscaping, the detached eight foot landscape buffer, a ten foot
multi-use pathway on each side and just two lanes of traffic there. ACHD provided
preliminary comments on this. They will provide additional details when there is a
detailed development plan. But they commented that we could not take access from
Franklin and Nick mentioned that they preferred it to be from a collector. They cite to
the Ten Mile plan as one reason, which says it prohibits access onto arterials, so that's
part of the city plans. They also look at their own access policies to determine that and
they prefer to have access off of the lesser traveled road. That did require us to make
some site plan changes, which we had -- which we have done now. But they also noted
that the area roadways currently meet ACHD's level of service planning thresholds and
ACHD does plan to widen Franklin to five lanes next year, which is before this project
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would come online and the site is served by transit. Also wanted to call out that -- some
differences between light industrial traffic and office. There -- in general light industrial
has slightly lower trip generation than office. But I think the important thing really to call
out is that light industrial tends to have dispersed times of -- of operation more so than
office. Office workers tend to have that more typical 8:00 to 5:00, which really impacts
the peak hour travel times and light industrial has more dispersed times and so has
lower impact on those peak -- peak hour intersections. The economic impact of the
project is -- is strong and I may, you know, move through these slides pretty quickly and
would just take questions, of course, if you have -- if you want more of it, because you
are already aware of that and based on the -- the preliminary comments I don't want to
spend too much time on this, but we do want you to know that we -- we think that this is
a very valuable asset of employment in this employment district as called for in your Ten
Mile Plan and is in need in -- in your city. We are attracting the types of businesses that
need this flexible space, that need this type of shell, you know, at office or light
industrial, it's really all about the type of shell that you are attracting those employers
and this is the type of product they really need and the targeted tenants for this type of
-- of zoning and this type of product that we are delivering are in some of the valley's top
industries that are still growing and need space. Construction, manufacturing,
wholesale trade and transportation and warehousing. And unlike office employees
these jobs are on -- in hands-on industries. So, they are less susceptible to being
replaced by Al. They are more sustainable jobs for the future. The same industry
sectors support good wages with average wages ranging from 29 to 38 dollars per hour,
exceeding Meridian's current 24 dollar an hour average. City staff has really been
pushing more to have a traditional office park here. So, we want to talk a little bit about
that. You do have a lot of other office that's developing in the -- in the city around Eagle
Road and 84 and also around Ten Mile and 84. But in -- and these locations are serving
this new office better, because Class A office -- the demand for it and the locations that
they are desiring has really changed. If -- they are not desiring this type of location that
we have on our property anymore, they want to be in a mixed use development where
they have got commercial, where they have got residential integrated into that same site
and they typically want to be at these larger interchange areas and so that's where you
are seeing office going that -- the District at Ten Mile and 84 is a great example of those
kinds of mixes that are going in there and that's really different from what we have here.
We are in an area that is -- has become this light industrial transition between the heavy
industrial that's to our west and the mix of uses that's to our east that includes that
office, that includes that residential and includes some lighter industrial as well and with
the uses that are immediately adjacent to us we have the same types of products that
we are providing and we have even some that have outdoor storage. This is a great
location for us. We are compatible with those uses. This is not a great location for a
traditional office park, but that is not going to be sought after by development or
successful in attracting tenants. Meridian Crossing to our south is leasing up very
quickly in the same types of product and there continues to be high demand. They are
bringing in great employers with St. Luke's, Crescent Electric, Carpenters Union. Those
same types of employers are still looking for location in Meridian, particularly as the
supply chain industry supporting the Micron expansion are continuing to come to the
valley. TOK Commercial did compile existing listings and to look at what's out there and
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there is -- there -- there are 24 flex spaces currently available in Meridian in a range of
sizes, but 33 percent of these are over 25,000 and that -- that large format product
really dominates the available supply. TOK data shows that zero leasing activity in that
size category that's available. But contrast that with small bay supply that's being
absorbed really fast. The zero to ten thousand square foot is 37.5 percent of the
listings, but faces the highest transaction volume. So, this project small bay really does
address that demand that's shown in this red box here. This is the size range where
Meridian tenants are actively seeking space and I think that's a good opportunity to turn
to a question that was raised by Council Member Strader about -- talking about what
has been approved in the area. So, of the 4.3 million square feet that Nick highlighted
as being approved in this immediate area, much of that is commercial, not industrial.
So, that's just looking at the non -- non-residential space. So, just under half of that is
commercial. So, if you look at the industrial, these are largely in three projects. You
have got Adler's Ten Mile West project, which I would note is zoned ME and it also has
a development agreement that says it cannot have flex, warehouse or distribution. So,
it does not compete with this site or with the development to our south. That is a --
that's a different project and a different product. Secondly, you have got Farmstone
Crossing, which Nick highlighted, also zoned ME. Doesn't have the same development
agreement restrictions, but it makes it harder, it adds those additional hurdles, because
you don't have warehouse and distribution as allowed uses. And, then, you have got
the AT or Black Cat industrial project to our south and that is continuing to lease up very
quickly and there continues to be high demand there. I do want to just touch on the
code change briefly. We don't need to spend a lot of time on this. I know you guys are
already familiar with the change that was passed for the ME zone. We are simply
asking for the same change here. We appreciate that staff is working on a larger code
change. They didn't have language that they were willing to share with us at this time.
So, we just need to make sure that we are also putting before your request for that
change that has been made in the ME district to be made in the I-L district, where it's
as, if not more important, to have this flexibility in how office space is aligned and -- and,
again, we appreciate that they are thinking about how this fits into their large -- your
larger code and making adjustments as needed to make sure that all of the uses add up
to a hundred percent. We just want to make sure that we have got flexibility in how
office is structured and in these types of spaces you could have floor plans that have
significant walls that are built to house office type spaces or you could have an open
floor plan that has workspaces that have no walls and there isn't really a clear way of
defining that. So, what we are looking for is flexibility and how this is -- how these
spaces can be built out, because that is driven by the tenant and whether they have
walls around their workspaces or not does not change the value of that employer or the
number of employees they have and so that's all we are looking for there is -- is
flexibility. So, for all of these reasons we really appreciate your consideration of this,
your support for industrial that you have offered in the past in this area and really would
welcome questions you have for us about this project or how it fits within your Ten Mile
Plan. Thank you.
Overton: Council, any questions for the applicant? Council Member Strader.
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Strader: Thank you, Council President Overton. I appreciate it. So, just initial thoughts.
I -- I think it's -- what I'm struggling with is the -- the method with which you go about
annexing in and I think where I'm struggling a little bit is -- I -- I'm sensing this
unwillingness -- I mean you said you are unwilling to do a comp plan amendment into
the ME zone. Are you open to a comp plan amendment into industrial I guess would be
my question to you. And not that -- not that necessarily that should be driven by you, by
the way. I mean I think it might make sense for the city to talk and have a discussion
about whether we want to amend our Comprehensive Plan to expand our industrial
corridor just based on what we are seeing here. The traffic impacts are a big deal. I
don't want to gloss over that. That's a big concern for me. But I'm struggling with an
annexation request and, then, to make this work you are requesting a UDC text
amendment that really specifically is tailored toward your application and I just -- as a
city I hate for us to go about any UDC amendments in that manner. It just feels really
inefficient and not like the right way to -- to do things. If the city was willing to consider
amending our -- our comp plan would you be willing to take a continuance to let that
process happen? Are you asking for just this is the only way this works for you today?
Like what's your sense of timing? I just want to understand what's your timing and why
this specific approach, because it -- it just seems really out of the norm.
Nelson: Yeah. Council President, Council Member Strader, yes, I would be happy to --
to address that. So, we have had a long history of meetings with the staff about this
project. In our -- in our early meetings with staff we laid out this product. We haven't
changed in what we want to bring forward and what we want to bring to the site. But we
did talk to staff about design elements and that they wanted to see -- and also the uses
and the process and they did not get supportive of the use; right? They -- they wanted
a different use here. They did initially suggest at some of our very earliest meetings that
we would need a comp plan amendment to industrial, because that's what we were
asking for was industrial. But, then, we would -- we followed that up with a question of
but would you support industrial -- a comp plan change to industrial and the answer was
no, because that led us to an end use. So, it -- it didn't, you know, facilitate getting us
down the path. More recently they have been talking about an amendment to the ME,
but, again, coupled with the question and answer, but would you support this and -- and
we understood the -- the answer to be, no, that it was still about the use, that -- that staff
didn't support the use and so it -- you know, initially we had the time to do that, but now
as time has gone on, as you know, to change the comp plan is a six months -- it's only
every six months. So, it does create time delays and so when we look at your plan, you
know, so we don't have staff support for that process and we just need to find out if the
use is going to be allowed here for the developer to move on or try this site. We look at
your Ten Mile Plan and we see that I-L zoning is clearly allowed in your zoning metrics
and so it doesn't require a comp plan. So, it felt fruitless to us and, really, I guess not --
not even following staff's direction to pursue a comp plan amendment to pursue a use
that they didn't support when we can see in the comp plan that it is already part of your
designation. I mean you guys have already decided this is an employment district;
right? You've put LDE on it. So, if LDE supports I-L zoning why would we ask you for a
different designation or ask you to change your vision and plan for the area. So, it didn't
feel like a -- fruitful for you or us or staff, because we are still going to come forward with
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the same product. So, I do understand that they have continually suggested different
paths of -- of this, but not to an end of an approval. So -- and even at the P&Z we had
the same conversation and I think, you know, we heard a few different comments from
staff that we questioned about, you know, what -- at one point they said, okay, it's really
become about design, but by the end of it they circled back to, no, we just
fundamentally, you know, don't support this use in this area and so, again, we didn't take
a continuance, we wanted -- we need to get the direction on whether this use in this
zone is appropriate here as we see it being allowed in your plan and at this point it
would be another delay to get there. So, we would -- we would rather not pursue
process for process sake. But if -- if -- if it came with, you know, supporting this we
certainly would have been aligned with that. We weren't trying to thumb our nose at that
opportunity if we knew that was an opportunity. Does that answer your question?
Overton: Council Woman Strader.
Strader: It certainly helps to give some flavor for the discussions. Thank you.
Taylor: Councilman Overton.
Overton: Councilman Taylor.
Taylor: Deb, I appreciate the presentation. Kind of what I'm -- I'm hearing is that as a
city in some regards we have lost a little bit of a vision of what this area -- what we want
it to look like. We had the Ten Mile Area Specific Plan. I'm probably the most guilty of
any Council Member of chipping away at that, because I found it to be a little outdated.
But there is a reason we have plans, because it provides us with some understanding
about what we want to see and that provides you with some clarity. But what we have
created is a sense of you are trying to work within what we have laid out, which is at
conflict with itself in a little bit. I'm probably one of the biggest proponents of flex space,
because to me that creates a sense of economic diversity where you can tailor a space
for a variety of needs. Office space tends to cater to just a certain type of employer.
Retail tends to just, obviously, cater to that. I see flex space kind of touching all of the
above and a lot of flexibility. I want to kind of get into the -- the UDC changes a little bit
and talk about the -- the percent -- the ten percent we have mentioned. I have always
felt like requiring a certain percentage of it was an arbitrary number and I always wanted
data to kind of confirm it, but I also -- there is a reason we have a -- a minimum
standard, because we don't want these places to turn into just warehouses; right? We
want employment there. We want people to go there for jobs. We want to see some
diversity there. Can you talk a little bit more about the changes that you want to see us
make? Why ten percent seems to be the number that you are settling on, if it's just kind
of syncing up with what we have already got and I would also say I -- I think that the city
needs to have a -- continue this conversation, I know staff is, about what we want to see
with the flex space, because I want to see a lot more of it, because we can see it in
these industrial spaces, we can also see this in other settings where it -- you know, it --
it fits in really well. We have seen a few other projects that are some small flex space
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that are really quite attractive. But can you talk to me a little bit more about that ten
percent?
Nelson: Yes. Council President, Council Member Taylor, yes. First of all, I would just
comment that the sequence of this -- and this gets to Council Member Strader's
comment before, if -- if we weren't ahead of where the city was in that process we would
happily weigh in at the city -- when the city is amending their code, but we were ahead
of that game and, as I mentioned, we don't know yet if staff is going to address the light
industrial zone at that time. So, it is appropriate for this application and needed for this
application and supports it and so we wanted to make that request for you. If you want
to defer that to have -- have that be a larger discussion within the city, I certainly
understand the desire to fix this at a broader level as well. As far as the -- the
percentage, it was simply to build on what you had already decided and so it wasn't that
we think that ten is the magic number, I think complete flexibility is perfect for this type
of owner, but it finds that balance and maybe accomplishes a little bit about what you
were saying, Council Member Taylor, that you want there to be some component there.
But, yes, it was just building on what you recently did for the ME and trying to bring that
into the I-L as well.
Taylor: Councilman Overton, quick follow up?
Overton: Councilman Taylor.
Taylor: You know, when I look at it initially it feels like the tail wagging the dog sort of on
-- on the changes here, like we are making this change, which I anticipate I would be in
favor of moving this direction anyway, but we are not there yet and so this application is
sort of forcing this discussion a little bit before maybe staff is ready to present some of
their suggestions and recommendations and before we have had a chance to really
think about it and tackle it. So, we are being forced to think about a UDC change when
we are maybe not ready, but you make a compelling argument for why we are here in
this situation. That said, in terms of timing is this application -- you know, I know we
have got two of them here before us. Is the land use application completely determined
-- or conditional upon the UDC changes as you would like to see them? Because I'm
just wondering if we could separate the two and we could say, look, the land use works
and I'm okay with that, but, then, the -- the changes -- does it have to come later? I -- I
don't know if we can, but I'm just kind of thinking out loud if that is required from your
perspective that both need to move together or could we separate this discussion just a
little bit?
Nelson: Right. Council President, Council Member Taylor, certainly legally you can
separate them and make your own decisions independently, but I think what you are
asking me is if -- if we have a preference, if we need this to be able to proceed and --
and that's our ask and I'm going to ask Chris to come up and address that, because
that's a business decision.
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McCluskey: Thanks, Deborah. Thanks, Council. Council President, Councilman
Taylor. You know, I never like to put finite yes or no's draw lines in the sand.
Unfortunately, with us, because we have had this site under contract for a year, we are
coming to the end of our diligence also with the land seller and also VanTrust's ability to
continue through on DD. So, our anticipation would be to put this into production as
soon as possible and so separating these two does not allow us to move on to the
preliminary plat process. Also with the CZC process and some of the other hurdles we
have to get through to get through entitlements. So, unfortunately, yes, it is not
separable in our eyes, just because without this flexibility we are not able to lease the
product as we think it's going to be leased or could be leased and that limits our leasing
ability. Leasing is our bread and butter; right. We don't -- it's not beneficial for the city
or for us to have empty buildings set out there. So, unfortunately, yes, these -- these
need to go together. Due to the fact that -- I mean can anyone sit here tonight and say
when that code change would happen? You know, you could say could be down the
road, it could be -- I mean, obviously, it's got to go through a process; right? And so we
need that certainty. So, unfortunately, they are tied together.
Taylor: Councilman Overton, quick follow up with Mr. McCluskey while he is here. Talk
a little bit about the types of tenants that you are hoping -- or that you have seen in
other developments that you are envisioning bringing here or talk to me about like the --
how that flexibility works into attracting what kind of employers. Is it spec space? Is it
people come to you and say I want a space, then, you go in and do the tenant
improvements as they request? So, talk to me a little bit about the business side of
filling up these buildings.
McCluskey: Of course. And I will -- I will give a little flavor for the VanTrust side and
what we anticipate, then, I would like to call up Mr. Martin, he is with TOK, could talk a
little more about the tenant profiles that he has seen in the Meridian side of it a little
more. VanTrust is a spec developer. So, we will develop these building speculatively
with no tenants in tow. Our anticipation is to do the whole project, because we think
they complement each other just from the factor that we have talked about thus far, kind
of that offsetting types of uses. The four buildings I did want to highlight and I think you
did a great job, Deb, but just to clarify one more time, those southern four buildings do
not have dock high positions. So, their grade level drive-in doors similar to the front
buildings on AT Industrial. So, there will be no truck traffic to the south of the collector.
The two northern ones -- obviously those truck courts turn on each side -- on their --
onto each other, so they complement each other a little bit there. But from our
perspective we will go in -- and just to be full transparency, we will put in a spec office,
which will probably be around that ten percent for the first space. What that allows for is
a tenant who needs to move quickly. Could take a bay or two. We can move that
tenant in and continue to work our way through leasing them. We have seen a lot of
variation in those tenant types across the nation. A lot of the points about the types of
jobs being actually very well paying jobs, higher tech jobs, and I will see if I could get
Mr. Martin up here a second to do a little better job on that -- on the type of tenants.
But, you know, to further elaborate on the ten percent a little bit that Deb brought up,
you know, for example, an LED manufacturer, we put that in, they made LED signs in
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the warehouse, so they would have some of the LED components come in, they would
assemble them. They used them in like the high school football games and some of the
other locations or wherever you see the LED signage. They were working more
employees in the actual construction area, not in a -- what was called office. So, when
we permitted it it looked like it had very little office, but they actually had more
employees than they would have gotten the density that a normal office would have had
in that same space, because they were assembling those products and pushing them
out and that's what -- a lot we are seeing in these flex jobs as you were -- as you were
mentioning earlier. But maybe if we could get Mr. Martin up here, I would love to have
him talk a little more about the actual types.
Martin: President Overton, Members of Council, Tyler Martin. 322 Bacon Drive, Boise.
83712. 1 want to talk a little bit about -- and can I roll my presentation in here? I was
going to talk a little bit later, so don't know about format here, but I want to talk a little bit
about the types of jobs we are seeing in these buildings and these are -- I have a lot of
-- we did a survey, I presented it to you last summer. We surveyed 800,000 square feet
of these spaces, multiple tenants. I have since narrowed that down to just Meridian
and so in Meridian we surveyed -- so, these are all very similar buildings to the small
bay, mid bay product and the larger buildings that's along Franklin Road. We surveyed
442 -- we -- we got actual results for 443,000 square feet of space. In those spaces
there was 945 employees or about one employee for every 468 square feet. We had
one, two, three, four -- we had five companies that had employment per square foot,
near 250 square feet per employee, which is an historical office number. GSA
historically has said that there is supposed to be about 250 square feet per office
employee. We now have industrial space in Meridian doing that and it's incredible the
number of jobs we see run through these and so when we went and did this survey, the
question we asked wasn't how many jobs are here, but how many paychecks flow
through this building and so what we found was there is a lot of companies where they
have three or four folks working in these buildings, but they have multiple field
employees, sales people working from home. So, we have -- so we were really
counting the -- the paychecks that flow through those buildings that are all locally based.
And, then, I'm just going off my experience of companies I have worked with. Worked
with Crescent Electric, who leased space in AT Industrial to the south. They are
consolidating four locations across the Treasure Valley into one location for centralized
distribution. Twenty-five employees minimum. Many of those employees long time with
the company since it was Interstate Electric, you know, 15, 20 years ago. I have also
worked with four other contractors or companies who specifically wanted to be in
Meridian. Meridian has done a great job. Heart of the valley. Sixteen is coming in.
This is where you service a broader valley is right in Meridian. Of those companies -- of
those four companies I was able to get one in Meridian. We leased a property before it
hit the market. Everyone else ended up in Boise, because that was where we were
able to find space further east than they wanted to be and just to kind of follow up on
that, I also have a BVEP. BVEP does a wins every year and they release survey data
as far as what type of leads they get. Last year 93 percent of the leads they got were
somewhat industrially based and so we had 54 percent manufacturing, 17 percent
semiconductor, 15 percent food. Only seven percent was warehouse and distribution.
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Honestly, we are not a wonderful warehouse and distribution location when you look at
transportation networks and to go off Council Person Taylor's comment, I believe the
fear of turning these spaces into warehouse and distribution -- quite honestly, in my
opinion, Meridian has done an excellent job and the space is now too expensive and so
if you want a big space for distribution you are not finding that in Meridian. There are
some. So, I mean there is definitely some larger spaces, but if you want a big space
you are really looking at economics. Economics is key. You are really focused on a
lower rental rate. Meridian right now -- the tenants I'm working with are trying to service
the valley -- service the valley, high employee counts, they are paying considerably
more to be in Meridian than points further west really have the higher vacancy rates
and that is just so they can service the valley with employees moving throughout the
valley. A lot of these companies are -- are local to our valley. I think really with -- with
that that's -- wanted to leave it open to questions. I guess regarding the office space, I
see a huge variation in office as I work with employee -- employers across the valley.
You know, right now I'm working with a company that's doing 30,000 square feet.
Meridian company looking to expand, consolidate a couple of locations. Right now we
might end up in Boise, because there is no space. There is not a 28,000 square foot
space available in Meridian right now. Adler's building product, AT Industrial, to the best
of my knowledge, has a single 40,000 square foot space left available that they can't
demise. Due to the design of the building they can't really make it smaller. But my --
the -- that client is looking at 28,000 square feet roughly, 10,000 square feet of office.
High employee count. Worked with other folks that also have high employee counts.
Smaller office. And so, really, it feels like -- I say that 10,000 square feet of office would
support a higher base level of office, but all I'm really trying to say is let the market
decide on that point. There is a lot of folks we work with that still have high employee
counts that don't need large office. They have employees in the field, they are coming
and going, they don't need an office presence and so, really, it's just -- those baselines
are hindrance to development if I have to overbuild office. Just for reference currently
right now most folks are quoting office build out at 200 dollars a square foot inside the
building. So, the envelopes already established, but it takes -- it's another 200 dollars a
square foot and about six months to build out office space. So, it's just a -- another
hurdle if you have to reach -- if you have to reach a certain threshold and not just
respond to the market. Open to questions.
Overton: Council, any further questions?
Napoli: Council President Cavener -- or Council President Overton. I apologize. I
apologize. Can I just chime in real quick? I wanted to clarify something that Chris said
and that there might just be a misunderstanding between us and him regarding the
separation of the two. So, let's say Council tonight hypothetically approves the
annexation, but doesn't want to approve the UDC text amendment, you still -- they are
going to be required to subdivide the property, so -- because they have public right of
way running through it. So, the preliminary plat is going to be required at a minimum for
the next application, which they can do while the code change is being worked on. In
addition to that, CDC and design review, which would be the next steps, which
administrative at my level, which is really site plan elevation review, could also be in the
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process -- even the building permit could be in the process while, you know, that code
change is under progress and I also want to highlight that warehousing, if I-L zone is
granted, it's -- you know, let's say annexation is approved as presented with the I-L
zone, warehousing as it currently sits, office not to exceed 25 percent of the building.
So, they could go down to ten percent as with a warehousing use as it currently sits,
which a warehouse is a permitted use just like flex space is in I-L. So, it wouldn't
actually hinder their ability to have the ten percent office, it would just be a warehousing
use instead of a flex space use. So, that's kind of just something I wanted to clarify for
you guys that they can still move forward in the progress if that's your guys' prerogative
tonight, even without the UDC text amendment. It's not necessarily UDC text
amendment's going to hold them up in the process for the rest of the applications that
need to come through.
Parsons: Yeah. Mr. President, Members of the Council, just add on to what Nick said. I
think all of you understand this and what Tyler has explained to you is very accurate.
We don't know the tenants until they come forward, but I think everyone gets it that we
have a schedule of use -- allowed use table in our code and so although we are -- it's
kind of hyper focused on flex space tonight, there is many other uses that go on these
buildings that don't need to meet the flex requirements, because they are different --
defined differently in the code, so they don't need to do any of those things. So, it's --
that's why it's difficult for us to say, please, change our code and help fix it when we are
like we don't see this as an immediate issue for us in the city at this time, because we
have all these other things. If you want light manufacturing that's a completely different
use in our code. Doesn't even apply to flex space. If you want a construction company
in there that could be a flex space, but, again, it could be defined as a contractor's yard
and we can work with you on those percentages and make you -- make that tenant
space work for that particular use, because it's a different use than flex space is. So, as
said, the code gives them a lot of flexibility and same thing with the warehouse. Like
Nick mentioned. Warehousing is 25 percent or less. Flex space currently is 20 percent
or more. So, again, if you want to call yourself distribution or warehousing, then, we will
say, okay, that's what -- you are defined as a warehouse and look at your floor plan and
say, you know what, you are at 20 percent office you are good to go as a warehouse.
We will let you move in there and operate. We don't care who is in there working, as
long as you meet those thresholds and those requirements. So, again, it's -- it's kind of
that cart before the horse. If we don't know who is going in there it's hard to say if it's
the right time to change the code or not and I think Council understands that -- I mean
when we changed the code six months ago or eight months ago, I think -- I think you
guys were sympathetic to that understanding the needs at the market at the time and
you -- you changed one portion of the code, but it kind of -- it didn't go far enough to
change the other section of the code and that's why we immediately put it on our list of
code changes to fix that and at least have that conversation with you. I also realized the
Council is -- they like to follow process. You have kind of established these rules. Staff,
what are you bringing forward as code changes? We are like here is what we are
changing. Are you good with that? Yes. And, then, we meet with a UDC focus group
and we vet that out through all this different committee and, then, bring back forth a
recommendation -- recommendation that works. Now, do I think the UDC focus group
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would have concerns with us changing the warehouse component? Probably not. I
have been on -- I have met with them multiple times and they all agree we have to
tweak this and fix this for sure and get that balance right. So, again, I don't have
anything to share with you tonight or what's being proposed, but what I can share with
you is that we do it -- do have a future code change planned. We have some others
that have -- you guys set the policy. So, if you say, Bill, I want that in front of me next
month, certainly I will make that happen and bring that forward if that's -- if that's your
prerogative. But right now again we think it's okay the way it's working, but just want to
let you know that we do know -- we do realize there needs to be a change, we are just
not there at this point.
Strader: Council President Overton?
Overton: Council Member Strader.
Strader: Thank you. That was really helpful. What is your sense of timing on those
additional code changes? I think that would help me -- it would probably help the
applicant quite a bit, too, to wrap their head around what their options are, because I
like really feel like this second request is a -- is a tough one for me, but what -- what's
our general sense of timing on those changes?
Parsons: Mr. President, Members of the Council, it's -- it's hard to say. I know I have
had discussions with our director, we have -- we have had -- we met with the UDC focus
group in January. I want to say to go over some of these clean-up items that we want to
take forward. I am toying with the idea of maybe assigning a staff member to bring
forward those, so that we can get them moving quicker than later in the year. But we
will have that discussion as a department. So, currently right now I have two other code
changes that I'm working on with some subsets. So, this week -- or actually tomorrow
I'm working with code enforcement on our limited duration signage and, then, we are
also meeting with a group to talk about our PUD changes and PDD changes. So, a
whole other new section to the code. So, those are kind of my two priorities right now.
But, again, if you ask staff to give us a time frame or when you would like to see
something coming forward I'm happy to take that feedback and start working on that
moving forward. But at this time there is no definitive date, but more likely would be fall
if I had to guess. Late summer. Early fall.
Strader: Maybe a quick follow up.
Overton: Council Member Strader.
Strader: Okay. But if it was prioritized or even if it was -- if it was that -- that set of code
changes that relate to extending what we have already done into these other zones
were to become a higher priority, which I don't know, right, like everyone has to have
that discussion, but I mean what is the fastest that realistically you could get some
suggestions in front of Council? I mean just -- just -- just brainstorming. I mean the art
of the possible.
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Parsons: Yeah. Mr. President, Members of the Council, probably hearing in mid-May,
first part of June and, then, Council in July is probably a realistic time frame.
Strader: Okay.
Parsons: Or we could work with the clerk and go quicker to Council, save a week or
two, but you are more likely into June and depending on the holidays and how those fall
with Juneteenth and Fourth of July, that always puts a little wrinkle in it.
Taylor: Council President Overton?
Overton: Councilman Taylor.
Taylor: So, let me tell you what -- let me restate what I heard. In your opinion -- and I
don't mean to put words in your mouth, but you believe from what you have seen and
understand that the uses they have envisioned, they can do those without the required
changes they are seeking with the UDC code. What I'm hearing from the applicant is
it's really helpful for them to market this as flex space, because flex space conveys a
certain understanding about what the tenants are looking at, especially if you are
building speculative space, then, the ability to lease it. So, that's what they want. I
would like to help get them there. You are saying today they -- if we approve this land
use application your interpretation is they could probably still do everything that they are
asking to do under current code. To Council Woman Strader's line of questioning about
timeline, moving May, June, July is extraordinarily fast for a government deliberative
body like us and so that would seem to be okay. I would like to move quickly on that,
too, because I do think -- I have -- I have thought actually a lot about this since we had
the last discussion about other changes, but my understanding -- am I interpreting that
correctly if I restate again in my layman words?
Parsons: Councilman Taylor, yes. You are doing that great. And, then, also as part of
that, if that is the direction you want staff to -- to take, then, I would also encourage
maybe some discussion around if you do want the office space and the warehouse
space to align with a hundred percent -- total that hundred percent like it previously did.
So, just curious on your take there, because a lot of times -- a lot of times when Nick
and I meet with applicants as well they get flex space confused. They think it's a multi-
tenant building. So, they are looking at -- I could have multiple tenants in one building
and it's like, yeah, that's one way to look at it, but that's just a multi-tenant building in our
world. You are going to have one building and demise the wall -- put in demising walls
and have multiple people running out of that building. So, that's the other piece of it is
sometimes the terminology is a little bit different, but in our code we are very specific as
to what flex is. We define the -- the parking ratios, the mix of light industrial versus
office and it has to be a -- usually it says it's small scale. So, there -- and it can be
either an entire building or only one tenant space. So, for example, an applicant -- or an
architect can't come to the city and say, well, I have one of my tenants as an office and I
want to do all warehouse, because now in the building I have 50 percent offices in this
one end and this is all warehouse and that's flex space. No, that tenant is office and
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this other space is warehouse. It's not -- you can't use the -- all the uses within the
building to say you are a flex space. It's -- it's either one building or each individual
tenant has -- has to meet that requirement is how we interpret the code.
Overton: Council, I have a quick question for our city attorney to clarify. Mr. Nary, from
the moment we opened this and discussed it by staff, by the applicant and by our
questions from Council, we have been discussing both 17 and 18, but I only opened the
public hearing for 17. The correct procedure from this point before would we go forward
as we are discussing both, we only vote on 17 and, then, open 18 for any new
comments and vote on 18?
Nary: Mr. President, I guess I -- I thought you had opened both, so I apologize. I
thought -- I thought you had.
Overton: I'm sorry.
Cavener: Mr. President? Sorry to interrupt Mr. Nary, but I just was agreeing with him
that I -- I was under the impression when you opened both -- or when you opened the
public hearing it was for both and I think even staff had indicated as part of their staff
report that they were speaking to both. Certainly the applicant presented as part of their
narrative on both. So, I appreciate the -- the question, but just from my perspective I -- I
was under the impression that you had opened the public hearing on both.
Nary: And I guess, Mr. President, Members of the Council, I think when the -- when the
first thing the applicant asked was could I have more time, because there is
presentations on two and you agreed to that, I think you did open both.
Overton: As long as you agree with that I'm okay with it. Thank you. If there is no more
questions for the applicant, Madam Clerk, do we have people signed up for this?
Lomeli: Thank you, President Overton. I have Tyler Martin. He already spoke. Excuse
me. I have Gina and Ken Thurston.
Overton: Welcome. You have three minutes. If you can state your name and address
and now you can talk about either one of them.
Thurston: Hello. Thank you for letting me speak this evening. My name is Gina
Thurston and I'm at 496 East Amalie Court in Meridian. 83642. And we own the
property at issue in this application and we are here to speak in support of the project.
I'm an Idaho native. When I was born my family lived at the southeast corner of Eagle
and Overland, which is now Silverstone. So -- and, then, my husband Kenneth
Thurston and family has lived in Idaho for over 58 years. They grew up on the property
at 5035 West Franklin and after the children grew -- grew up and moved my father-in-
law sold his property and bought the property next door, which is 5201 West Franklin.
My family enjoyed -- or the family enjoyed farming these properties for over 50 years
and over the years we have watched all the areas that have changed around us. Our
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Meridian farms are turning into family homes out here. We are now surrounded by
industrial or planned industrial, including Butte Fence, which is right next door and AT
Industrial's development to our south. All of this growth also means road widening and,
in fact, Franklin Road's planned widening at this property means where my husband
grew up the home is going to be demolished. So, encroaching non-ag development has
made it harder to farm and widening roads will soon make it less appealing to live. So,
when VanTrust reached out to us with this project we decided to sell. This is the right
project at the right time for the city. It will allow for a needed employment and tax base
for the City of Meridian and will create nearly 600 good jobs for -- for growing local
businesses. It will be nicely designed with clean modern buildings as they showed you
in their presentation and it won't have lots of emissions or noise. So, the project will
also extend the planned connector road from Black Cat past Core & Main property to
take pressure off the other roads. VanTrust has been transparent in this process and
we have enjoyed working with them. They really do want to create a quality project
here and it's a project that makes sense and I know the Council carefully weighs public
input and we truly believe this project is a win-win for everyone. The City of Meridian,
the community and our family of Idaho of natives that's looking to move on to the next
chapter of our lives. This project offers a positive forward thinking outcome and we
respectfully ask for your support. Thank you.
Overton: Thank you. Council?
Cavener: Mr. President?
Overton: Councilman Cavener.
Cavener: Gina?
Thurston: Yeah.
Cavener: I just want to say thank you for your testimony. Sitting here with us all night to
get up and provide your perspective is appreciated. We -- I talked about sometime I
have lived in Meridian my whole life, too, and it's -- it's weird when you didn't move to
Meridian, but Meridian kind of moved to your doorstep and I can understand those
frustrations and challenges, but I appreciate you providing kind of a -- a real world
perspective about where you live. So, thanks for joining us tonight.
Overton: Madam Clerk.
Lomeli: Council President Overton, no one else has signed up.
Overton: Is there any -- anyone else present in the room that would wish to speak on
either one of these applications, the annexation or the UDC text amendment? If you
could state your name and address for the record.
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Storrs: Greg Storrs. My permanent mailing address is 4925 West Franklin Road here
in Meridian. Thanks for that opportunity to -- to visit for just a second. I hadn't
anticipated doing this when I first came in. First of all, I want to appreciate each one of
you for -- for what you do. I don't envy what you are doing sitting through the -- the
meeting this night. Certainly emphasize that. But what I did want to say was I have -- I
have lived in Meridian 1975. It was 2,500 people and we have seen a lot of change
over the years. I have come and gone since then. I was last -- the last five to seven
years I have been in the process of my mother-in-law. My wife Cheryl is -- is Brady
Whiting's daughter and she's the one that occupies the land there at the corner of Black
Cat and Franklin and she currently lives there. She is now 93, 1 believe, and just the
sweetest little lady you will ever want to meet. I think that as we have gone through this
process of watching all of this here and at the county, I think our idea was to just to be
able to see what it was that you folks are thinking, both here and on the county level, to
be able to also communicate with Nick and Bill several times visiting and each of them
-- I appreciate each of them and their willingness to be able to listen and give ideas and
thoughts. On the other side of the coin, we have also seen all of the -- the construction,
all of the growth that's happening and our major concern in the very beginning was here
is this -- this wonderful little lady sitting in the middle of all of this with all the trucks going
by, the noise and all the things and it was difficult. The change was difficult, because
ACHD came in and took her home and we moved her away for a while, brought her
back into a manufactured home there on the property and got approval for that and,
then, we have had the opportunity, then, to -- to watch everything that's happening.
Sometimes, you know, the term the tail wagging the dog was that -- Birdie was definitely
the -- the -- the -- the tail. The dog has been wagging the tail and Birdie has been the
tail and what we want to do now is to be able to -- as my -- my wife and her brother
there, who are trustees of the trust, want to prevent and help her to have the very best
possible life she can during the time that they are there. Now, regarding VanTrust -- is
that my time?
Overton: Yes.
Stores: Oh. Okay. VanTrust. Chris -- we have sat and met with Chris. I have had also
the people who -- who set up and -- and put together the -- the real estate deal with
Chris. Had many conversation. A good friend of mine from way back when he was a
friend of my daughter in grade school and we had the opportunity to be able to kind of
walk through this whole thing. Also just to let you know -- you see the professionalism
they have provided and what a wonderful presentation today. Great. But, anyway, the
-- the professionalism with what they have done to help you guys to understand what
they are trying to do and you guys have very well eloquently explained what your
concerns are. Unfortunately, we have some boxes here that everybody has to live
within and we are trying to maneuver those and in the middle of this is all of this -- is this
little lady. This sweet little old lady. So, what I would suggest and what I would hope
that the Council could do would be able to take it -- take what has been said from each,
the positive parts of it for me, from VanTrust, from staff and the questions and --
wonderful questions that have been asked and to go say how can we go back to the
center of this whole thing, which is Birdie Whiting and how can we make it possible so
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that she and the owners and the -- and the -- the -- the people who help her with her
estate to be able to move forward to make the best positive informed decisions. We
feel like that having the -- the current proposal approved would be the best possible
thing for her to be able to put this thing to bed as she is surrounded already, now it's just
a matter of finding out how you folks can work together with them to make it happen.
Thanks.
Overton: Thank you. Council, any questions? Is there anyone else in the room that
would like to speak on either of these two public hearings? Come forward. State your
name and address for the record, please. You will have three minutes.
Meadow: My name is Trina Meadow. I am at 2434 West King Road in Kuna, Idaho. I
am also a power of attorney for Mark Choi, who owns the property at 5035 West
Franklin Road that is in this project and I wanted to just come in from Mark's perspective
and my own. I indicate that I have been utterly amazed at what Meridian has been able
to accomplish over the years watching -- as president of the Chamber of Commerce in
Kuna, what Kuna has suffered and your realistic look at what is needed and when it is
needed has been really amazing. That is something Kuna has never been able to
manage. They just like residential. So, anyway, would like to just say, you know, I -- I
really am amazed with what you guys have been able to do. The only reason I really
wanted to stand today is the -- one of the ironic reasons that we are here today is when
VanTrust came to Mark Choi asking if he would sell he did not want to. This was not
something he was looking to do. He has a rental property at the -- at this property and it
has been sustaining him for his form of retirement forms and selling was not on the
table. He actually did tell VanTrust no and went away until we have received a letter
from the city that said it was a mandatory that he annex into the city. He had an
expansion from the -- ACHD had taken part of his property and in that demolished his
septic tank and water source and -- and so they had to put in the city sewer and city
water to provide that with ACHD doing that and subject to Mark Choi annexing. I can
tell you the only reason we are here today is because of that annexation letter that was
required, because Mark lives in Tennessee and is not interested in doing that himself.
So, watching what the VanTrust have had to go through, we highly support this project,
especially for the annexation, because with Mark gone I'm going to be the one stuck
doing it and I don't want to do it. So, I appreciate that. But, anyway, just want to say
thank you for that and, then, I will just add another note with the new expansion of
Franklin Road they are now going to be taking Mark Choi's home. That will be
demolished up to ten feet and the new road will go right through the middle of his living
room. So, he will also be losing his form of retirement that he was hoping for. So, this
project has been interesting, because it has been subject to ACHD, even with their offer.
They offered him 39,000 dollars for his house, because they felt this project would be
going forward, which is interesting since they are also are the ones who stopped us
from having industrial into office space when they wouldn't allow access to something I
thought I -- I thought was ironic. Anyway, I just want to share that. Thank you for your
time.
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Overton: Thank you. Council, any questions? Is there anyone else in the room that
would like to make a comment on either one of these applications? No? Is there
anybody online that would like to make a comment, use the raise your hand feature.
Seeing no further public comments, would the applicant like to come up and close.
McCluskey: Yes. So, I think we had a few -- probably an inappropriate time, but I just
want to kind of circle back on some things that Nick and Bill brought up and some of the
closing comments we heard. I feel like we had some great support in the room tonight.
So, very appreciative that and not a whole lot I think we can address on -- on many of
those, but except that we have tried to accommodate some of that cross-access to the
neighbors to the east. So, we are -- we are trying to remember that and take -- take and
consider that, as long -- as well as having the pedestrian pathway that we have now
added along the east side, gives us a little more buffer from that adjacent property as
well. So, hopefully, improving the value and the long-term use as well, pushing us back
just a little more. But one of the things that I know Nick brought up and I just wanted to
circle back on a little bit was in this UDC amendment kind of context and timing, you
know, there is -- there is obviously contracts and there is land sellers and -- and that's
not the purview of the Council and that's not your problem to deal with, obviously, but
the big thing for us -- our next steps include preliminary plat, CZC. There is a large
amount of commitment from VanTrust from a capital perspective, also not the Council's
concern, except for we are unable to proceed forward with that. It's a significant amount
and probably that, you know, 300 to 400 thousand dollar range to just continue on
through those processes due to the plans we have to present, some of the design work
that needs to be required. So, to move forward with that we just need that certainty
and so that was really the reason for us pushing so hard on the -- on the request for that
change right now. Appreciate that we do have time, that we do have to go through
those processes, but starting those processes is right now unfundable from the
VanTrust perspective as capital out the door without certainty to move forward and that
leasing uncertainty kind of presents that challenge to us. So, that was one of the things
that I did just want to touch on a little bit. But open to, you know, Council's comments
on that a little bit and appreciate the time. Obviously, I want to give Deb a chance here
to close a little more as well. I just wanted to address that one specific comment.
Nelson: Yeah. I -- I think Chris covered it very well. I just kind of wrap it up by saying --
and we really appreciate the landowner supports and comments and they are the
people that are involved in this as well. But you do have a -- a sophisticated and
motivated developer that's here bringing a product that I think is of interest to the city
and so we are asking for support of the annexation and zoning that will give them more
of that certainty. We are asking for the code change to try to remove some of the
hurdles that are in your current code that make it harder to lease up the property. We
also appreciate the city's continued efforts to clean up those codes to make sure that it
makes sense across all of the sectors. You know, we did just touch on the one that's
important to us consistent with the change that was made. We understand you have
broader concerns there, but having that certainty is really what they need to continue to
make this investment. It is a -- it's a relatively small piece of property, but a significant
investment on their front and will bring significant space to the city and because of its
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size it does seem like they are able to move forward with it relatively quickly if they get
the go ahead from the city to bless it. So, with that we would just stand for any
additional questions you have.
Overton: Council, any questions for the applicant? No questions. Thank you.
Nelson: Thank you.
Overton: Councilman Cavener.
Cavener: Sorry, Dean. I thought I turned it on. My finger just didn't press it hard
enough. Thanks. I would maybe encourage us at least deliberating a little bit before
maybe a motion is made to close the public hearing, because I -- I do think there was an
important element that we haven't discussed as a body that is -- to me is -- is the
elephant in the room. So, I spoke earlier. I support more industrial in this area. I think it
makes sense. I think we can work through some of the administrative pieces and
appreciate staff's efforts and where the applicant's coming from. The -- the -- the
biggest hurdle for me in me being in favor of an approval this evening is that -- and
District 6, this is the area in which I -- I represent and I know not everybody that's here
tonight was a part of this decision, but the Council, again, kind of put the nose under the
tent with granting an annexation for some industrial in this area with significant concerns
about the traffic impacts of this area and that is very real, that is outlined in ACHD's staff
report. You have got an applicant who is saying, hey, this use is going to mirror what is
already in existence. I would be really frustrated if I was another applicant, another
developer, who has been told you can't grow anymore, only to have somebody who is
doing a similar use be granted -- that is your neighbor be granted that access. So, I
don't think I can as much -- as I want to see more of this -- and -- and this is the part that
is really hard for me is because this Council -- previous councils have been waving their
arms about this area for years with the highway district. We saw this coming as
representatives of this community. We have sounded the alarms. We have banged our
pots and pans and we have asked the highway district to look at this area and even
have another applicant who actually went out and sought out right of way to expand
Black Cat, only for the highway district to say we are not interested. So, we are in this
weird situation where we as a Council knows that this is needed. You have a use that
contemplates expanded roadways that is a higher traffic use. Staff voicing concern
about approving an annexation, because of traffic impacts and yet we forecasted this as
an issue. So, I don't think I can be in support of this application this evening and not
because I don't want to, I think this is great, I just think that we have said we are already
at our capacity for this part of Meridian when it comes to industrial traffic and until we
can get a plan for how -- particularly how Black Cat south of Franklin is going to address
this added capacity, I -- I hate saying it, I don't think that we should be voting in favor of
-- of an annexation for this type of use right now. So, I -- I recognize not everybody was
here that was part of that and opinions can change, but I know that was important to me
when I was -- I was supportive of granting that initial annexation knowing that these
types of things would come. My hope would be that the highway district would have
been our partner and come side by side to address this and until they are we are in a
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really hard position where granting something that I think makes sense for Meridian and
is good for Meridian long term is going to create significant traffic challenges for our
existing residents.
Overton: Council Member Strader.
Strader: Thank you. Question for staff. Could you refresh our memory as to the
conditions that we attached to that development and what the milestones are? And,
then, also where are we at with Franklin? When will it be widened? Is that a certainty?
Help me with all of that. But, yeah, let's -- let's go through those conditions again. I --
agree that there is an issue my colleagues raise that is a very good point and I struggled
a lot with that application and we noodled over it and we really crafted a solution for it.
So, maybe you could refresh our memory.
Napoli: Yeah. Council President, Council Woman Strader. So, yes, I was actually
surprisingly actually spot on with my last comment about the Black Cat industrial. So,
greater than 960,000 square feet of occupied space Black Cat must be widened to five
lanes between the east-west collector, Grand -- known as Grand Mogul now and
Franklin. The intersection of Black Cat and Franklin must be improved as
recommended by ACHD and the intersection of McDermott and Franklin must be
improved with a two way left turn lane, unless Franklin has been widened to five lanes.
Completion of these improvement -- improvement permits -- wow, that's weird kind of
worded. Completion of these above improvements must be done prior to occupancy for
up to 1 .5 -- or 100 feet -- one million five hundred thousand square feet and, then, the
other provision on that was greater than one point -- or one million five hundred
thousand square feet. Franklin must be widened to five lanes between Black -- Black
Cat and State Highway 16. A traffic signal must be constructed at the intersection of
Black Cat and the east-west on-site collector when a signal warrants -- when a signal
analysis warrants it, which with the District at Ten Mile probably becoming in the near
future. Yeah. East-west collector on site. So, they are -- and I don't -- let me see if I
have a better overview. I do on my presentation that -- be able to show you guys. Get
a little bit better visual. So, here is that east-west collector known as Grand Mogul right
now and, then, that will actually have a north-south collector that's not on their property
and will be actually on this property most likely. They will construct a portion of it. It will
align somewhere roughly here on Franklin that may be signalized at some point once it
hits a certain threshold. But it says the east-west collector will be extended from Black
Cat west incrementally as progress, so which they have done, the applicant has done a
phasing plan that will dictate when the sections of that east-west collector are
constructed, which they already have a good portion of it -- about third of it already
constructed and, then, as far as the widening of Franklin Road, Franklin Road is
scheduled to be widened five lanes from McDermott Road to Black Cat Road in 2027.
So, to answer your questions, you guys set thresholds at 960,000 square feet, one
million five hundred thousand square feet. The east-west collector had some conditions
on it and, then, Franklin will actually be widened, which is part of the improvements that
were required in this in 2027 by ACHD between State Highway 16 and Black Cat. But --
yep. I will stand for any questions if you guys have any.
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Overton: Council, any questions for staff?
Strader: Council President?
Overton: Council Woman Strader.
Strader: Can you -- realizing that was -- that was our creature that we invented and that
was how we were trying to address this like intractable transportation issue for a good
project, is there any consistent framework of conditions that you can think of that can be
applied to similar projects that you feel like there is a level of consistency there?
Because I think that that's the challenge; right? I think instinctually it's like, okay, well,
how do we dump more annexations onto this roadway network that don't have those
conditions? I agree like that -- that -- that's a real challenge intellectually. But I just --
I'm curious like do you think there is a consistent framework that could be utilized or is it
just too tough? Because this one the roadway situations differ. They are not taking
access directly off Franklin. Like help -- help me think through that and brainstorm a
little bit.
Napoli: Council President and Council Woman Strader, it's a good question. Is there a
consistent framework that we have where we know you have improvements that are
required when you hit a certain threshold? I think from my knowledge Black Cat
industrial, because of the size really, you know, you think it was 2.2 million square feet
at full build out. You know, I think that was definitely concerns and I assume -- I know
they did traffic study, you know, the size of their project didn't require traffic studies. So,
we don't have some of the same information and I'm not going to talk for the VanTrust
team, but I did -- we -- I have talked with Chris about, you know, is there possibility of
phased -- what -- what the timing of that is? Obviously we don't have a pre-plat in front
of us and I don't want to speak for him, but I know it was their intent to do this, you
know, pretty -- in one phase essentially.
Strader: Yeah.
Napoli: You know, that -- it would be -- construction would be going on in the whole site
is from -- from my knowledge and from the conversations I have had with them. Correct
me if I'm wrong. Okay. So, as far as phasing it and putting those same conditions on
this site, I -- it's difficult. I see your perspective. It's not something, you know, we -- I
would say that's been done on maybe like the district and some of the other large --
probably a little different, non-industrial, commercial, little different, Farmstone even or
the -- the -- out of the project. It's -- it is different and it's challenging and I think Black
Cat is primarily the main concern. It looks like Franklin -- probably going to have five
lanes to Franklin to Highway State -- State Highway 16 and we are going to have that
on and off ramp. I think that will function probably pretty well. It's the intersection of
Black Cat and Franklin and, to be honest, the east-west collector that this site is going
to be building, when Core & Main got approved, you know, and I -- I talked with ACHD
about potentially I -- I think a left-hand turn lane would work probably pretty good here.
Unfortunately, we don't have the threshold to do the left-hand turn lane. So, it's not
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being designed that way and it's not being constructed that way. So, left-hand turns on
the Black Cat -- it will get us a left-hand turn lane eventually, but, unfortunately, it's not
being constructed right now as it is with Core & Main with a left-hand turn lane, because
it didn't warrant it at the time. I had that conversation. Ultimately it was determined
what it was. So, there is concerns there as well, you know, freight traffic trying to make
a left-hand turn on the two lane road and peak hour of the day is going to be very
challenging. So, how we mitigate that and how you guys mitigate that through
conditions as a Council and through staff I don't -- I don't have a good I guess -- and
maybe Bill does. I will lean on Bill a little bit. I don't necessarily have a good avenue
that would mitigate those concerns while also still meeting what the applicant's intent is
for the development, because I understand they have a financial aspect that I'm not a
part of with it and I want to be sensitive to that as well, so --
Parsons: Mr. President, Members of the Council, just make that a fine job explaining to
you what the -- the -- the consistent framework is difficult when you have multiple
property owners along the roadway and that's why ACHD is hard to enter into a
cooperative development agreement or use that tool when you don't control all the
property and so when -- when ACHD has been successful with that tool that's because
the property owners controlled a lot of the property and they were able to execute that
and get things a bit -- built ahead of time. This -- this -- in this particular situation,
although I appreciate those DA provisions, I don't know how realistic they are. But what
I can tell you is there is a collector road happening that wasn't there when Black Cat
Industrial got approved. So, you see what's happening to the east of this project.
Those road -- that road improve -- that road between Black Cat and Ten Mile should be
punched through here within the next couple months from -- from my understanding.
Sometime in June or July and there will be a light at that intersection. So, again, things
will slowly improve over time as these developments come online, because as you
know there are conditions of approval on projects and as they hit certain thresholds they
are required to do these upgrades. So, I know that the developer to the east is going
through a roundabout study some getting their roundabout approved with ACHD and
they are also looking at putting in some more lights on Franklin for their development,
not necessarily for this one. The other challenge -- and I think that Council understands
this and Mr. Nary can probably chime in, it's -- it's hard to put those off-site conditions on
this particular development when they are not even fronting on Black Cat, although they
will have somewhat of an impact to that. They are on Franklin. So, that's too much of a
stretch even with annexation to say, hey, do some improvements on -- on Black Cat to
help mitigate this. So, anyways, just wanted to give you that information. Little more
information, anyways, to digest. Thank you.
Overton: Thank you, staff. Council, any further comments? If there are no further
comments, do I have a motion to close the public hearing?
Cavener: Council President?
Overton: Councilman Cavener.
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Cavener: I will make a motion that we close the public hearing.
Little Roberts: Second.
Overton: I have a motion and a second to close public hearing. All those in favor say
aye. Opposed nay? The ayes have it. The public hearings for both items are closed.
MOTION CARRIED: ALLAYES.
Cavener: Council, I -- I don't want to make a motion for a denial. I know that we have
got a recommendation of denial from staff and from the Planning and Zoning
Commission. I also understand that time is of the essence. But I can't support this
application this evening and even if I wanted to, again, we don't have the findings. So,
Council, I -- I guess I would maybe like to hear a little bit more deliberation from where
you would want to go. I -- I'm prepared to make a motion to continue this out for 60 to
90 days to give staff an opportunity maybe look at roadway for us to hear from highway
district, but I also know that that 90 days may equate to a -- to a denial and I -- and I
hate that. If -- if we continue it and, then, the applicant withdraws their application at
least gives them a little bit more flexibility to come back, as opposed to wait for a
significant period of time. You know, if the -- if the door is closed for this applicant it may
be closed. I hate -- because I think we are -- we are going to miss out on a -- on a good
opportunity for a good project, but that's at least where I'm -- motion I'm prepared to
make this evening barring a -- a better mousetrap that any of you would maybe suggest.
Okay. Council, I'm going to move that we continue Item 17, VanTrust, H-2025- 0052 to
June the 16th and to request that our planning staff engage with highway district staff on
the future development of Black Cat and Franklin and also to have our planning staff
connect with the adjacent landowner that has the condition placed on them for roadway
improvements to grant their expanded use and for staff to prepare a report from those
findings prior to June the 16th. That should also give the staff ample time to prepare
conditions of approval for the Council.
Overton: Councilman Cavener, quick question. Clarification. You said Item 17. You
mean 17 and 18?
Cavener: I had planned to make the same motion when we got to the next one, but I
figured because we are taking action on those separately -- I wouldn't be as verbose
with my basis for the continuance for the next one, but just that it would be continued to
the same evening.
Strader: Council President Overton?
Overton: Council Member Strader.
Strader: That's a great start to discussion. I -- I think I'm -- I'm in the same place where
it's like I -- I -- I don't want to -- you know, sadly I think we may miss out on a fantastic
project, just because I think that the level of certainty that the applicant needs from us
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tonight is higher than certainly I could give them. My -- I'm struggling a lot with Item 18.
I'm struggling with both items, but I'm struggling a lot with Item 18. 1 don't think it's
appropriate for one development to lead wholesale UDC changes, especially when we
have them in process and I think our staff's capable of prioritizing that item. My
suggestion as one Council Member would be to ask that that become a priority item, but
I would love for other people to weigh in on that. I think between now and June it's
possible that we could get a lot clarity and I think -- I think there has been a real
openness and willingness to expand our -- see the flex space that we are seeing and to
like support that use. I think we understand that today's economy has changed in terms
of what level of office is fundamentally needed in this remote work Al environment and I
-- I think we get all that. I'm very open to a comp plan discussion holistically about our
industrial corridor and where that borders with the Ten Mile Plan, because I think that
that's a really worthwhile discussion. I -- I don't think I could get there on this tonight for
the same reason articulated by Councilman Cavener. That particular project and the
acute issues on Black Cat were so severe that we really did craft like this customized
approach to the roadway network. I like the idea of the continuance, but understanding
that the reality of that may mean that it is -- effectively means that we -- we may not see
this project. That's very unfortunate. I -- just that's where my head's at today. I --
couldn't get there on it. I -- I can't think of a condition that would make sense to -- to get
there and I definitely do not agree that Item 18 is the right approach at all. So, that's just
where I'm at right now. I will second that that motion. Sorry.
Cavener: Council President, real quick if I may. I -- I specifically picked that date in
June based on some of that feedback from staff. So, again, I think there is parallel
tracks. Again I think our concern is that probably the clock may be running out for our
applicant and I'm sympathetic to that, trying to find the most aggressive timeline to try
and be responsive to that, while also recognizing the time it will take for our staff. So, I
-- and I don't think that continuing both would preclude any Council Member from voting
in favor or against should that be on our agenda.
Taylor: Council President Overton?
Overton: Councilman Taylor. First off, we have a motion for continuance and a second.
Councilman Taylor.
Taylor: Yeah. For discussion on the motion. I think it would be helpful for the applicant
just to kind of get a greater sense of kind of where some of us are thinking. You know,
one of the things that I think is -- as much as we can provide certainty to our partners in
development it's very helpful. I really -- I'm -- I would support the project going through
as it is, but I wouldn't support changes to UDC tonight without a further fuller discussion
with staff and recommendations, because I think we have responsibility as a City
Council to consider the entirety of the city and I would want to have that kind of
feedback and if that were a -- if that makes this a non-starter for the applicant, then, that
would -- I would -- that's unfortunate, but I don't see how I could be supportive of both of
them tonight. I could support the -- the land use application despite some of the
concerns about conditions on other projects. I don't believe that we should hold
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hostage some applications because of other applications in their development
agreements and any conditions that are in that. I don't think that's fair. But I -- I think
right now the best way to possibly see that this project could pass is to vote to support a
continuance to the date that the Council -- Councilman Cavener suggested. I -- I see
that as really the only pathway to maybe see this project succeed and I think in that time
frame count -- or staff can provide us as Council the -- the suggestions and -- and more
holistic approach to looking at the UDC changes on flex space that we need to make an
informed decision and I agree with Councilman Strader's comments, it's -- it's a mistake
for us to approve the UDC changes under the circumstances tonight, though, I do think
where the changes are going I think would be helpful to where the applicant wants to
see. We just have to -- we have to follow the process. We have to go through what we
have to go through to uphold our oath of office and be responsible to the citizens. So,
that's kind of where I'm at. I really -- really one of my -- really great application. I do
think that this entire area is going to -- should look more industrial. I actually on the
traffic -- I get the two lane roads, but I like to see industrial next to a freeway. I don't
want to see them driving through neighborhoods. I don't want to see them driving three
miles off of the -- and this is a great spot. Once, you know, Franklin Road opens up,
Ten Mile -- or the Highway 16, we are going to have great access. This is what this
area needs to see and I think, you know, for staff we should have this conversation
about what this whole area looks like, but that's a great project. That's where I am. I'm
going to support the motion for a continuance, because I think that's the only way that
this application could possibly succeed is when we get to that point.
Overton: Council, get a chance to weigh in on this. I think some great thoughts have
been brought out on the table tonight. I think this application is an excellent application.
It's just the timing is not good. You know, we don't control the roadways. I wish we
could approve the project and say, oh, by the way, build me a five lane road on Black
Cat as well. But we don't have that authority. We never have. And this particular part
of the city, especially Black Cat on both sides of Franklin, is -- well, I heard you talk
about being in Idaho back in 1975. That road hasn't changed. That's what it was in
1975. 1 remember. And it's still the same way. It's one of the last bastions of two lane
country roads that we have got running on that west side of town and it's -- it's
impossible to try to approve something like this based upon where we are sitting right
now. I think we need to have those conversations with the restrictions we put on other
applicants before this. It's completely unfair I think if we don't have those conversations
and make sure we understand all the ramifications that were applied to them before we
approve something else. That's just being fundamentally fair to everyone who comes in
front of us as a city. The UDC text amendment, I couldn't agree more. I have worked
with Bill in Planning on different text amendments over the past few years and they work
just as hard as they can on all the different amendments we have got for all the different
parts of text. We spent months working on just drive-throughs. I mean it's -- we -- we
need to make sure we get these right when we make these changes, so we don't do
them haphazard and we certainly just don't do them quickly to try to get something done
and that's what I would hate to see. When it's done it needs to be done right. So, I -- I
stand in support of Councilman Cavener's motion for continuance until June 16th. I
think it's the right motion and on the address of whether it means it's the end of the
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application, you know, I don't want to sound heartless, but at some point we have to
look at what's best for the city. I mean that's the reason we are sitting up here and I
don't ever want to hurt an applicant. I don't ever want to hurt a homeowner. But in the
end we have got to protect the city and how that comes together. Councilman Cavener.
Cavener: Councilman President, I just was going to -- deliberation done I was going to
call for the question.
Whitlock: Mr. President, let me -- let me deliberate just a second for -- and at the risk of
being repetitive of what's been said, I think -- I think it is a good project. I think it fits
well. I think traffic from this would flow to the west and catch Highway 16 and off they
go and life is good, especially on the Ten Mile corridor. So, I'm -- you know, I -- I don't
have any concerns that it will push traffic more towards the other types of developments
we are seeing in the Ten Mile area. I'm heartened to hear from Trina and Greg and
Gina that they are supportive as homeowners and they think this is probably the right
direction to go and so I would like to get to a point where we could approve something
like this and I think that the motion that we have on the table of continuing this until June
16th gives us the opportunity to get all the parts and pieces in -- in the right place, so
that hopefully we don't have Franklin Road running through a living room and residents
displaced and no solution for them to look forward to. So, I will be supporting that
motion and hope that we can get to a resolution on June 16th.
Overton: Council, if we have no more comments, roll call vote on the motion to continue
until June 16th.
Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea;
Whitlock, yea.
Overton: Council, it's six ayes for a continuance until June 16th of 2026 on Item 17 and
Item 18.
MOTION CARRIED: ALLAYES.
Cavener: Mr. President?
Overton: Councilman Cavener.
Cavener: I move that we continue Item 18 VanTrust, Application ZOA-2025-0002 to
June 16th.
Strader: Second.
Overton: We have a motion and a second to continue Item 18 until June 16th of 2026.
Madam Clerk call roll.
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Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea;
Whitlock, yea.
Overton: We have all ayes votes on 18. It is also continued to June 16th of 2026.
MOTION CARRIED: ALLAYES.
FUTURE MEETING TOPICS
Overton: That brings us to the end. Do we have any future meeting topics, Council? If
there is no future meeting topics, do I have a motion to adjourn?
Cavener: Council President Overton, move we adjourn.
Little Roberts: Second.
Overton: We are adjourned. Thank you.
MEETING ADJOURNED AT 10:09 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 4-28-2026
ATTEST:
CHRIS JOHNSON - CITY CLERK 4-28-2026