HomeMy WebLinkAbout2008 06-17Meridian Citv Council Meetinq June 17, 2008
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, June
17, 2008, by Mayor Tammy de Weerd.
~ Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton,
and David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Anna Canning, Kyle Radek, Mark Niemeyer,
Bob Stowe, Steve Siddoway, Keith Watts and Dean Willis.
Item 1: RoIF-call Attendance:
Roil call.
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Okay. Good evening. I will go ahead and start tonight's meeting and thank
you all for joining us tonight. For the record, it is Tuesday, June 17th. It's 7:00 o'clock.
We will start tonight's meeting with roll call attendance. Madam Clerk.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Pastor Bob Cutler with Christ Lutheran
Church:
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Bob Cutler. He's with Christ Lutheran Church. I would ask you to join us in the
community invocation or take this as a moment of reflection. Pastor.
Cufler: Madam Mayor. We pray unless you, oh, Lord Omnipotent, keep this city, the
wickedness and cunning of sinful people and exorbitant gas prices around us that
enslave us, will certainly destroy us. Therefore, we come to you, oh, Lord, placing in
your hands the needs of our city, asking you to give wisdom and ability, sane judgment
and moral purpose to those who govern us. I know, Lord, that fhe task is difficult, the
duties are many, and fhe responsibilities are heavy. Lord, we pray for this City Council,
the Mayor, and all who serve in police, fire, and city capacities. Lord, we pray that you
would support them with your might. That crime and lawlessness would be controlled
and righteousness and integrity prevail. Lord we pray that you would make us -- help us
to be law abiding citizens, ones who will seek the welfare of the community. Above all,
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June 17, 2008
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Lord, grant that more people in our city will accept Jesus as their savior, serve him in
faifhfulness and untiring zeal. Make ours a truly Christian community, Lord, where the
citizens are actively looking out for the interest and welfare of all, including the poorest
in our community. Lord, give officials who will dedicate themselves wholeheartedly to
you and to their task and to their assignments. And, then, Lord, then, yours was the
glory and the praise through endless days, we pray this in Jesus' most precious name,
amen. Madam Mayor, I have one other point that I wanted to -- if I might.
De Weerd: Yes, pastor.
Gutler: I'm fhe treasurer for Meridian Ministerial Association and we have an event
that's taking place at the end of this month on the 28th of June that is going to be a
benefit for people. My secretary at the church, Christ Lutheran Church, noticed that I
was getting a lot more phone calls from people who were truly needy in our community,
people who don't have the money to make the rent or for gas or whatever and so what
we are doing is we are having a benefit car wash at our church wifih the funds all going
towards Meridian Ministerial Fellowship, to provide for the neediest in our community
and I would want to announce that at this meeting and let it be part of the record and let
it be known that we would like to have as many people as could come to the benefit, so
that the poorest in our community would benefit. That's on Saturday, June 28th, at
10:00 to 3:00 o'clock at Christ Lutheran Church. We are located really close to the
intersection of Linder and Cherry Lane. Thank you, Madam Mayor.
De Weerd: I know where you are. If you will also get that to my -- my office, I--
Cutler: It's on your schedule.
De Weerd: It's on the website?
Cutler: Yes, ma'am.
Item 4: Adoption of the Agenda:
De Weerd: Very good. Thank you so much. And amen on those gas prices. I hope
you can utilize your relationships as well on that one. Item No. 4 is adoption of the
agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: In Item 5, the Consent Agenda, the request has been to remove Item 5-P,
not to be discussed tonight. .That will be heard another time. Under Section 6-C, the
legal department, there has been a request to add an item finro to discuss insurance for
citizens use permits. And item C-3 to discuss City of Meridian Fun on the Fourth. And
on Item 4 to discuss fhe traffic safety committee report. On the regular agenda, Item
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June 17, 2008
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13, there is a request to continue that unfil July 22nd. And on Item 16, the proposed
ordinance number is 08-1369. Item 17, the proposed ordinance number is 08-1370.
And with those modifications, I move that we adopt the agenda.
B'ird: Second.
De Weerd: Okay. I have motion and a second to adopt the agenda as amended. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of June 3, 2008 City Council Regular Meeting:
B. Findings of Fact and Conclusions of Law for Approval: AZ 08-
003 Request for Annexation and Zoning of 12.06 acres from RUT
to R-40 (10.56 acres) and C-C (1.15 acres) zones for Reqencv at
River Vallev (REVISED) by Mason & Stanfield - 2500 North Eagle
Road:
C. Findings of Fact and Conclusions of Law for Approval: CUP
08-004 Request for Condifional Use Permit for a multi-family
development in a proposed R-40 zoning district for Reqency at
River Vallev by Mason & Stanfield - 2500 North Eagle Road:
D. Findings of Fact and Conclusions of Law for Approval: VAR
08-002 Request for Variance to UDC Table 11-3C-6 for a reduction
in the number of parking spaces required for multi-family dwellings
in covered carports or garages for Reqencv at River Vallev by
Mason & Stanfield - 2500 North Eagle Road:
E. Findings of Fact and Conclusions of Law for Approval: VAR
08-004 Request for a Variance to UDC 11-3'H-4B.2.a, which
prohibits new approaches directly accessing a state highway to
allow a temporary access to SH 55/Eagle Road for Great Wall
Restaurant by Kinsan Chan - 2590 North Eagle Road:
F. Sewer Easement Apreement for Javker's Subdivision by
Treehaven, LLC:
G. Request for Easement RelinQUishment for SEC Marketplace
No. 1 by Public Works Department:
H. Chanqe Order No. 12 for North Black Cat Trunk Sewer with
Brown Construction, Inc. for $12,534.00:
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June 17, 2008
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Sanitarv Sewer and Water Main Easement Agreement for
Woodland Sprinqs:
J. Sanitarv Sewer and Water Main Easement Aqreement for
Southeast Corner Marketplace No. 2:
K. Aqreement supportinq Communitv Development Block Grant
(CDBG) Economic DevelopmenUSlum & Bliqht Proiect:
L. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04-
III-01-SR for Repair, Re-Stripe, Re-Design of Parking Lots and ~
Spaces for Meridian Senior Center by Henry Boswell Paving
for $6,782.82:
M. New Liquor License for Brian Wetzel dba Gelato Cafe located
at 2053 East Fairview Suite 101:
N. Transfer of Owner for Beer License from Gelato Cafe, LLC to
Brian Wetzel:
O. Riqht of Wav Easement Aqreement (Traffic Siqnals) with Ada
Countv Hiphwav District for Meridian Fire Station No. 5:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Nofing that item 5-P has been removed from the Consent Agenda, I move
that we adopt fhe Consent Agenda and for the Mayor to sign and the Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve Consent Agenda with the change.
If there is no discussion, Madam Clark.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports
A. Mayors Office:
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June 17, 2008
Page 5 of 55
1.
and Recreation Commi
to the Meridian P
De Weerd: Item 6 under Department Reports. Counsel, in front of you you do have
some information, the nominee that I bring you tonight for confirmation. Steven
Yearsley. He has participated in the naming activity of Renaissance Park. I met him,
actually, at last year's National Night Out celebration and he immediately engaged his
homeowners association with the naming of that park and I believe he has sincere and
enfhusiastic interest in serving on our parks commission and I bring him for your
confirmation. Are there any quesfiions?
Rountree: I have none.
Zaremba: Madam Mayor'?
De Weerd: Mr. Zaremba.
Zaremba: I move we confirm your appointment of Steven Yearsley to the Meridian
Parks and Recreation Commission.
Borton: Second.
De Weerd: I have a motion and a second to approve fhe appointment of Steven
Yearsley. Madam Clerk, will you cail roll.
Ro11-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
B. Finance Department:
1. American Wallcover Chan4e Order #3 for City requested
change in Scope for the Not-To-Exceed amount of
$10,856.10.
2. TTE-Precom Chanae Order #2 for City Requested
Change in Scope for the Not-To-Exceed amount of
$3,470.96:
3. Desiqner Floors Chanqe Order #1 for City Requested
Change in Scope for the Not-To-Exceed amount of
$5,597.00
4. Seal Co. Chanqe Order #2 for work on loading dock in
original budget but not yet bid for the Not-To-Exceed
amount of $2,750.00
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June 17, 2008
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5. Hobson Chanqe Order #3 for City Requested Change in
Scope for the Not-To-Exceed amount of $40,499.00
6. Approve Bid Packaqe and Aqreement of City_Hall Phase
V with M.R. Preist, Inc. dba Advanced Sign 8~ Design for
$42,954.29:
De Weerd: Thank you, Council. Okay. Under the Finance Department, I will turn this
over to Mr. Watts.
Watts: Thank you, Madam Mayor, Council Members. Tonight we have five change
orders brought to you for the City Hall project in one bid award. I have Tom Coughlin
firom Petra here to answer any technical questions you may have as well. I will call
attenfion to the Item 6-- B-6 is the interior sign package. That is an award for
$42,954.29. We received two bids for fhat package and M.R. Preist, Incorporated, is
our low bidder. Answer any questions you may have.
De Weerd: Thank you, Mr. Watts. Council, any questions for staff or --
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. I would appreciate a motion, then, at this time.
Bird: Madam Mayor?
De Weerd: Mr. B'ird.
Bird: I move that we approve fhe change orders from American Wall Cover,
$10,856.10. TTE-Precom, $3,470.96. Designer Floors change order, $5,597.00. Seal
Co., $2,750.00. And Hobson is $40,499.00. And, then, to award the bid in phase five
for the interior sign package to M.R. Preist, doing business as Advanced Sign and
Design, for $42,954.29.
Rountree: Second.
De Weerd: Okay. I have a motion and a second. Any discussion?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Madam Clerk, will you, please, call roll.
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June 17, 2008
Page 7 of 55
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Council, we have tried to better reflect if -- the nature of the change order.
Much of this is already in the budget, it just has to be -- come in front of you and so
does this language clarify it better or do we still need some improvement?
Bird: Madam Mayor, I think it's great. It's just something that -- that it's been requested,
it isn't because the city requested, not because of a mistake or something in the plan or
something. I think that's all that -- I think that's all that the public was asking for was
just, you know, why was the change order and fhese were all extra work as requested
by us.
Watts: I tried to show when we were within budget, so --
Bird: You have done a great job.
C. Legal Department:
1. Citizens Use Permit Application - Authorization &
Indemnity Agreement:
3. Discussion on Insurance for Citizen's Use Permits:
De Weerd: Okay. Item 6-C. I will turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. There is actually three
items, not four, because the third item you added and the first one are really the same
thing. On your packet there is a citizen use permit application and it says authorization
and indemnity agreement. Trying to get it pulled up here quickly. What this -- what this
is is this is in relation to the city's event that is for the Fourth of July to be held in Storey
Park and adjacent to Storey Park. It is a requirement under our current ordinance that
we provide this indemnifiication to the Ada County Highway District for the closure
requested -- closure of Watertower for fhat event that night and our review of it we didn't
feel it was appropriate for the Mayor to sign it without the Council's authorization, since
it is an indemnity agreement. So, that's why it's in front of you tonight. They still have
some paperwork to fill out from the Parks Department to complete the application, but
we wanted to bring fihis to you to get your approval, for the Mayor to sign that when the
rest of fhe paperwork is completed. Do you have any questions?
De Weerd: Council?
Bird: I have none.
Rountree: I have no questions. Madam Mayor?
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June 1'7, 2008
Page 8 of 55
De Weerd: Yes, Mr. Rountree.
Rountree: I would move that we authorize the Mayor to sign the citizen's use permit
application once it's complete and submitted to ACHD.
Bird: ~ Second.
De Weerd: Okay. I have a motion and a second. Any discussion? All those in favor
say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
2. Discussion on Citizen's Use Permit Application for City
of Meridian Fun on the 4tn:
De Weerd: Okay. Mr. Nary, item finro.
Nary: Thank you, Madam Mayor, Members of the Council. The second item is -- is a
similar issue. Part of our ordinance requires fhat we collect when someone requests to
close a street for say a block party, that we require they provide us an insurance
indemnification, because Ada county may require it. In discussing it with Ada county,
their feeling is is if they need it -- and the example they gave us -- a large event, like
Dairy Days, for example -- when that is requested they do require insurance and they
require proof of it to be provided to them before they would close streets for parades or
large events. But for a small event, a block party, and a neighborhood homeowners
association that wants to use fheir common area and maybe close one street or
something for some event, fhey don't require it. So, fhe only requirement is ours trying
to support theirs. We don't have any liability to fhose types of events, because it's not
our street and it's not on our property. So, what I was going to basically ask you tonight
is in our temporary use ordinance I would like to bring forward to you a repeal of just
that section only that we will no longer require it and the reason we are bringing it
forward separate and apart from any other changes is we have had a request from the
police department in relation to Nafional Night Out. A number of the events they are
trying to get scheduled now are running into this issue where many homeowners
associations don't have some umbrella insurance coverage, because, again, they don't
necessarily need it. Now, fihe risk may be theirs and there may be an issue, but it's not
the city's risk, if's still theirs. So, our requirement really doesn't serve any purpose.
There is no need to protect us, We are protecting an entity that feels that they are able
to protect themself of they need it. They can require it before they close the street,
regardless of what our ordinance says, so they don't feel it's necessary. So, with your
permission I'd like to bring back a repeal of that section next week, so we can get that
out of the way and not impede the acfivities for National Night Out.
De Weerd: Okay. Council, any questions?
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June 17, 2008
Page 9 of 55
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I agree with the logic, but in considering what the general public may or may
not know, rather than totally repeal it, could we remove it as a requirement and
somehow state it to remind them that they need to check with ACHD or the road
authority, depending on what street it is? I hate to have it disappear entirely and not be
warning people that they may run into that requirement with the responsible agency.
Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, we can
certainly look at the language. My only -- my oniy aoncern is just even trying to give
warnings to folks about other agencies, I'm going to imagine there are occasions we are
going to forget some and so I don't want us to sort of be the catch-all for everybody
either. But we can certainly look at some language that may simply say, you know,
unless required by another agency or something else, so it's clear that there is maybe
other people out there that may require something, we just won't be requiring it. So, we
can certainly do that.
De Weerd: But, you know, ACHD is also a signature on the citizen use permit. If they
require it, I'm sure they will not sign it until that --
Nary: Right.
De Weerd: -- their issues are addressed. So, I think there is adequate --
Zaremba: It's covered that way.
De Weerd: Uh-huh.
Zaremba: Thank you.
Nary: So, if that's okay, Council, I'll bring a repeal of that particular section. Right.
Thank you.
De Weerd: Okay.
4. Traffic Safety Committee Report:
Nary: The last fhing I'm going to hand out -- I wanted to give you folks an update on the
Traffic Safety Commission. I have noted lately we have had a number of issues that
have come before the Traffic Safety Commission that have been generated many times
by phone calls either to one of the Council members or to the Mayor's office and so
what I'd like to do is just -- briefly just tell you some of things that we are working on, so
that you are aware that they are in process. We don't have a recommendafion tonight
in front of you, but we did have a traffic safety meeting today. We do meet monthly. It's
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June 17, 2008
Page 10 of 55
the third Tuesday of every month. The items that we discussed today was reviewing
our ordinance and considering whether bylaws should be made and the will of the
commission was that once City Hall opened, that the traffic safety commission would all
-- would meet in City Hall, rafiher than at the police department, to allow the public
greater access, as well as more consistency if all the commissions of the city meet in
one location, it would help the public being able to participate and be there more often.
What I have passed out in front of you is a map ACHD provides us today. I know
Members of the Council and the Mayor's office have had inquires of their own, as well
as from citizens about the speed limits on various roadways and where there are some
changes. To be honest, many of the times when I talk to citizens who call about this
type of issue, many of them do believe that somehow it's completely randomly
generated as to where these speed limits are, but, in reality, there is certainly a lot of
thought that goes into those, but --
De Weerd: Oh, I thought this was confirmation that it was random.
Nary: No. You know, just as a real quick -- I guess information about -- the traffic
safety commission has reviewed a number of these roadways over the years, based on
citizen complaints, based on crashes, citations that get issued, complaints by citizens,
the engineering of the roadway and the particular roadway location, the topography, the
development that's along the roadway, the houses that front the roadway, the types of
businesses that are there -- so, a lot of fhose get discussed. What we did today is we
handed out this map to all the members of the Commission and at our next meeting the
discussion is going to be is how do we -- how do we take a bite out of this elephant, so
we make sure that we can give you better information and better recommendations that
we can pass onto ACHD in regards to the roadway and the speeds. We, again, didn't
decide today whether we want to deal with the east-west streets first, the major arterials
first, nor to the south, troublesome spots, specific areas where complaints have been.
So, we haven't made those decisions yet, but this is at least probably our priority
agenda item for probably the next two or three months, to be able to give you back
better information from fhe Commission as to why some of the roadways have five or
six different speed changes along them for different stretches and what the reasons
were. There was a discussion about Calderwood, that we have had a number of
complaints about traffic cutting through Calderwood off of Meridian Road in the morning.
We faxed some information from me today for ACHD to discuss the potential of making
it maybe a no turn during the morning rush hour times, so that people aren't cutting
fhrough Southern Springs out through Meridian Green's neighborhood, because the
traffic backs up at that light. People will be cutting through trying to get to either
Soufheast -- Southwest 5th or Southeast 5th or Southeast 3rd. So, they were going to
look at some potential ways of traffic, basically traffic directional signs that would keep
people from using that as a cut-through, so we discussed that today. There was a
request to look at a stop sign on Broadway and West 2nd near the senior center. The
ACHD representative agreed to come to the next -- whenever it was set up with Mayor's
office and the senior center -- senior center's board to discuss what their concerns are,
where the traffic flow issues are and the concerns fhere. One of the concerns ACHD
had is fihat a number of the parking spaces -- you're all familiar with the senior center.
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June 17, 2008
Page 11 of 55
None of the parking spaces are in the right of way, so if they were to change some of
the traffic configuration fhere, they may have to take some of the parking spaces that
are on Broadway fhat are in the right of way to make sure there is adequate turning
movements there, that may or may not be a good thing. So, he was willing to go to the
meeting to hear what their concerns are and see what ACHD could do to remedy that.
We had just a generalized discussion about Cedar Springs. There has been some
issues about neighborhood parking and parking next to the park and that's somefhing
that we are going to probably be working on through the Mayor's office and through the
police department and the traffic safety may have an opportunity to provide you some
recommendations on that. And the last, there was a question that came up about the
access road on Mountain View and they -- ACHD -- fhere was -- currently was a
concern that there is a speed limit sign as you head towards the school. This is a new
street that was just opened this year that the school district helped fund, it's call Puppet
Street, it comes off of Locust Grove and accesses Mountain View. There is a speed
limit sign as you enter the school -- the school property. There is no speed limit sign as
you exit the school, but you have to stop at Locust Grove before you can enter the
roadway anyway, so they haven't had any issues of traffic or -- I mean they said there
certainly might be speeding there, but they haven't had issues of people running
fhrough the stop sign or collisions or problems out on Locust Grove, but they would look
at putting another 25 mile an hour stop sign on that road if fhey could do that. So, those
are the issues we talked about today. Again, I just know you have had a lot of these
issues brought to your attention and wanted you to know they were on the radar. Do
you have any questions?
De Weerd: Well, I guess I would invite the Council, if there is any areas on this map
you want to circle to have them discuss specifically and bring back to you, we would
invite that as well. Okay. Thank you, Mr. Nary.
Item 7: Items Moved from Consent Agenda:
De Weerd: There no items moved from the Consent Agenda.
Item 8: Continued Public Hearing from May 6, 2008: AZ 06-063 Request for
Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G
zones for Waltman Propertv (aka Browninq Plaza) by Waltman, LLC -
505, 521, 615 and 675 Waltman Lane:
Item 9: Continued Public Hearing from May 6, 2008: PP 08-001 Request for
Preliminary Plat approval of 52 commercial / office lots and 1 common lot
on 38.24 acres in a proposed GG zoning district for Browninq Plaza (aka
Waltman Propertv) by SLN Planning, Inc. - 505, 521, 615 and 675 W.
Waltman Lane:
De Weerd: So, we will move to Item No. 8. And, Anna -- I guess we will move to eight
and nine.
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June 17, 2008
Page 12 of 55
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I will be recusing myself.
De Weerd: Okay. Okay. These two items were continued from May 6th on AZ 06-063
and PP 08-001.
Canning: Madam Mayor, Members of the Council, I'll give you a brief -- loss of words
today.
De Weerd: Summary.
Canning: A brief summary of what we did last -- at the last hearing. Thank you. This
project is located on the south side of Waltman, east of the Landing Subdivision, and
directly north of I-84. The applications before you tonight are for annexation and zoning
of 38.68 acres to C-G and the preliminary plat for 40 building lots and two common lots.
The proposed development and concept plan includes -- depicts a big box retail
building, a hotel, offices, and a retail center for a variety of commercial opportunities. A
hotel is in the southeast corner -- southwest corner. And fhe big box is self-evident.
The proposed commercial square footage is approximately 400,000 square feet of
office, hotel, big box retail and smaller retail spaces. There are currently 21 buildings
proposed. And we do have elevations and an alternative concept plan. I will get to that.
The outstanding issues from your last hearing were Ruddy Street, whether it should be
public or private. Corporate Drive extension. The buffer along the western boundary.
Compatible uses adjacent to residential properties. A loop frontage road. The split
corridor intersection on Waltman and Meridian. And Shawn Nickel has provided a letter
to Mayor and Council addressing those outstanding issues of concern. I'll let him
present his letter to you, along with that alternative concept plan, and, then, I just have a
couple clarifications if Mr. Nickel doesn't address them in his -- in his --
De Weerd: Comments.
Canning: It's going to be a long night. Thank you. That's all, Madam Mayor.
De Weerd: Thank you. Council, any questions for Anna at this time?
Rountree: She has me confused.
De Weerd: Anna, will you be able to put this up on the overhead?
Nickel: Madam Mayor, most of those are on -- on fhe screen.
De Weerd: Oh. Okay.
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June 17, 2008
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Canning: Madam Mayor, the only one I don't have is the list of uses. Do you want me
to get it running for that?
De Weerd: I think Mr. Nickel can probably go over the list of uses.
Canning: Okay
Nickel: Thank you, Madam Mayor and Council. Shawn Nickel. 6223 North Discovery
Way, Suite 200, Boise, Idaho.
De Weerd: Thank you.
Nickel: Here tonight representing the developer. When you sent us away at the last
meeting you gave us some specific concerns and direction that you had and what we
did is we -- we went back and worked with staff, got together ourselves to determine
what we were trying to accomplish with this -- with this project and I think one thing we
realized is that changing the plan halfinray through the process is probably not the best
way to go about it, because it did provide additional concerns and possibly going back
to Planning and Zoning Commission for fheir review or re-review. And so based on the
input that they gave us the last meeting, we have decided to go forward with the original
plan that we have -- fhat we had, that we submitted, both ACHD -- well, ACHD, your
staff, and the Planning and Zoning Commission initially reviewed. Excuse me. And I
think one of the key concerns was -- there was many, but one of them we will start with
was the Ruddy access point. And our idea of bringing it through the development as
more of a private aisle, rather than a pubiic street. I think we are in agreement with --
wifh the Council's concerns that even though it does place a burden on this property to
funnel traffic from the Landing Subdivision, it's still a problem that exists and we realize
that. We do need to get traffic from the Landing through out the development out to --
out Waltman and to Meridian Road as -- as seamless as possible, without creating any
additional concerns and so for that reason alone we are going with that original plan of
Ruddy being a public street out to Waltman and, then, out to -- to Meridian Road. The
second -- the second issue that came up was the Corporate Drive extension and that
was from Waltman Lane north as it goes over the creek and connects to that existing
stub and although I did voice our concerns about requiring off-site improvements, we
still prefer not to have that burden this project. We do -- we do understand where
Council and where staff was coming from in their concerns with fhat and so what we are
proposing tonight is to enter into a condition fhat at a certain build out of the project we
will be responsible for Corporate -- Corporate Drive being built and the -- the threshold
that we are proposing a 350,000 square foot build out of the project and we have kind of
based that on our -- our initial -- our initial design and thought that we were going to
have between 440 -- 400 and 450,000 square feet of retail in the center and with
ACHD's recommendation of an 8,000 vehicle firip threshold, based on our about 10,300
vehicle trip production that we are producing in this development, so there is about an
80 percent -- that's where we came up with that 350,000 square foot number was about
80 -- 80 percent of that -- of fhat -- the vehicle trips that ACHD has limited us to in their -
- in fheir review. So, one of the conditions that we are proposing in our development
Meridian Ciry Council
June 17, 2008
Page 14 of 55
agreement, because this just came out of ACHD's recommendation, was to require a
phasing plan to be submitted and I envision this to happen probably when that first
building goes in, because more than likely we are going to have the anchor as the first
building. At that time that's going to set the stage for the rest of the development, so I
think it's appropriate that at that first phase or that first building permit that we would
submit the phasing plan to the city and to the highway district to kind of show how the
rest of the development is p'robably going to develop out and that will give us a better
idea as we move fhrough the process when we get to that 350,000 square foot
threshold. The third concern that came out of fhe Council meeting was timing of the
split corridor project with ACHD, that being a kind of a key for when this project comes
about. If staff can put -- do you have an area map that you can put back up? That will
work. Thanks, Anna. As a condition of approval we -- that we are not contesting, we
understand that until the split corridor is completed, we are not going to be pulling any
building permits for this project and we accept that and understand that. We have
worked a condition that we can start our site improvements while fhat construction.is
going on, but we do understand that until that corridor is complete we are not going to
be receiving any building permits. Councilman Rountree wanted to know some timing
and also what that corridor was going to look like and so I did provide, both in the
packet just I gave you and with staff that she can put on the screen --
Canning: I'm sorry, Shawn, what did you want?
Nickel: The split corridor example that I gave you. This right here is what that split
corridor is going to look like. How it's going to -- how it's going to operate. This is a
closer look at that. With this being Waltman going west right here. And, then,
obviously, a signalized intersection. The timing on that -- I talked to ACHD today and
that is the 2009 schedule. Gary Inselman thinks and hopes that it would probably be
complete by fall of '09 and probably started sometime -- he says it's going to take about
six months, so spring to summer t~hat it would start, with a fall completion date. From
my understanding, that is -- that is funded and designed and I believe it's starting to go
out for bid -- it will go out for bid this -- later this year.
De Weerd: Fall.
Nickel: This fall. Yes. Thank you. The next issue that came out -- we were -- in trying
to keep the flexibility with this development, not knowing what the uses were going to
be, staff and the applicant went around and around many times on how to protect the
existing residential uses from potential conflicting uses in the development. So, what
we proposed at the last meeting -- and we are -- want to continue to propose that as a
condition, is to build a buffer that includes a sound wall along that western buffer, a
portion of fhe north right here against those adjacent properties. Staff, could you put
that example up that -- and I do have that in the packet also for you if you want to take a
look at it. Excuse me. So, what that -- that buffer would entail is a 25 foot buffer from
the property line, with a three foot berm, a six foot high masonry sound wall and, then,
some evergreen coniferous trees planted on that -- on that berm to provide additional
buffering. We would like this -- this lay -- or this exhibit included in the development
Meridian City Council
June 17, 2008
Page 15 of 55
agreement as an exhibit for how that wall will -- or how that buffer will be constructed.
In keeping in the theme of those uses most compatible, trying to make those compatible
uses, one of the Council Members wanted us to come back with a list of some uses that
might not be appropriate due to their -- the type of use that they were and so what we
have done is we have proposed to exclude through the development agreement in the
C-G zone the following uses: Drinking establishments. Drive-thru establishments. Fuel
sales -- fuel sale facilities. Fuel sale truck stop facilities. And vehicle washing facilities.
Those appear to be the exfireme uses that -- even with a sound wall and some buffering
probably wouldn't be appropriate next to -- next to residential. Again, that -- that list
would be included in the development agreement as a condition of approval. And,
finally, the -- if staff could go back to this area map again, please. Thank you. The
question of a loop or frontage road came up and it came up in our discussions -- or it
started in our discussions, I believe, because we were trying to make Ruddy a
nonpublic access point. So, I believe that turning Ruddy back into a public access and
moving the traffic, we are -- I think we are on the right path, but in looking at the
configuration of fhese properties to the east of our site, the unknown design -- design for
this interstate interchange here and what ITD is ultimately going to do, this is their
property right here, what they are ultimately going to do with an on-ramp, we just did not
feel fhat it's feasible to have a frontage road, just because of the aompact area that we
are -- that we are dealing with right here. If we -- you know, if we had a lot more area
here, I fhink it would be appropriate to have a frontage road like you do on fhe east side
of Meridian -- Meridian Road, but, again, I believe with Ruddy being a public road, we
will be able to get fhat traffic -- to take care of that traffic -- both that we are creating and
also with fhe Landing development. A couple of additional issues that weren't
necessarily brought up at the last meeting, but I just want to -- we would like to include
in our development agreement -- staff did show you an alternative concept plan and
what this plan shows is, again, Ruddy Street being a public access, but it moved some
of the uses around on the property. If it's not too confusing, we would like to include this
as an exhibit in fhe development agreement, only to show that there is an alternative
plan that would be out there. Now, we understand that if we do intend to reconfigure it,
we'd have to come in and modify the development agreement and also work with ACHD
and if you find it -- if you feel it appropriate -- well, not if you feel it appropriate -- also
work with staff on -- on this, but, again, just to recognize that this is an alternative plan, if
it's not -- if it's not too much trouble. The -- and, then, the other issue is -- and it's a
minor one, I did talk to your attorney and the staff about this and this is to recognize the
existing agriculture uses on the property until the property is developed. Right now it is
grazing cattle. We'd like that use to remain until the development. So, we would
propose a condition referencing that. And, then, very briefly, the -- the modified
conditions in the development agreement that we'd like to recognize -- and I'll read
those into fhe record and you'd also have that in my letter and staff has a copy. With
the exception of the hotel, hours of operation for businesses along the western and
northwest property boundaries adjacent to permanent residenfial, are limited to 8:00
a.m. to 11:00 p.m., unless the adjacent uses are changed into nonresidential uses.
And that's in line with what came out of the Planning and Zoning Commission as a
recommendation. Secondly, all commercial use -- all commercial use buildings greater
fhan 100,000 square feet that are proposed on the site that are within a hundred feet of
~ Meridian City Council
June 17, 2008
Page 16 of 55
a residential district or use shall -- shall obtain a Condifional Use Permit. That way if
~ fhis -- for example, if this concept plan goes in and we were to locate the big box and it
was going to be closer than a hundred -- closer than a hundred feet from the property
~ line, and it was greater than 100,000 square feet, that would kick in the Conditional Use
Permit, that way the Planning and Zoning Commission and staff are going to get to look
at it again to make sure we are addressing loading, we are addressing parking, lighting,
and all that wifh that type of development in that -- in that area. And, then, finally, all
structures along the west and northwest property boundaries adjacent -- adjacent to
existing residences shall be limited in height to two stories and shall have a minimum
setback of 25 feet adjacent to existing residences, Unless the adjacent uses are
changed into nonresidential uses, wifih the exception of the proposed hotel and if a hotel
~ is built at the southwest corner of the site as depicted on the concept plan, a 25 foot
' setback shall be required for the first story, one hundred foot setback shafl be required
for the second story and a 200 foot setback shall be required for anything greater than
, two story adjacent to the existing residences. And, fhen, I just want to point out fhat
wifh the C-G zoning that we are asking for, if fhe -- if the use in the code requires a
Conditional Use Permit, we will still adhere to that and go through that normal process.
So, I hope we addressed all your concerns. I think we have and I will stand for any
~ questions you have.
De Weerd: Council, any questions at this point?
Rountree:. Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Shawn, the traffic projections that you used and ACHD based their 80
percent vehicle trips on for development, account for the traffic that would be coming
from the Landing?
Nickel: I# did. I believe they accounted for approximately 500 additionai trips. I can pull
my --
Rountree: Ifi you -- you can do that in your rebuttal. And what improvements or how far
down are improvements going to be made on Waltman Lane with a split corridor and/or
a future project that would involve Waltman?
Nickel: If I understand your question, the split corridor I believe comes down about right
here, so that will be improved with ACHD's improvements. And, then, our -- as
conditioned, we are going to be responsible for construction of Waltman and, actually,
do a realignment of Waltman around fhese houses right here, down to the intersection
of where Corporate will come in and, then, the Ruddy connection right here. Then, as
for the condition that we are agreeing to enter into that at that threshold, we will be
responsible for the Corporate connection right here. That leaves only one part of the
whole pie -- that is fhe area of Waltman from here down to right there. We are -- we
understand that in order to make fihis project viable, we are going to have to address
Meridian City Council
June 17, 2008
Page 17 of 55
that -- that roadway. We have talked to ACHD and it is in their staff report that we can
enter into an extraordinary impact fee area with_fhem to help us improve that one
stretch of Waltman that's off site that is not part of their -- their construction plan at this
time.
Rountree: So, to put that in English, you're saying you would be improving that with
extraordinary impact -- or ACHD would be improving that with extraordinary impact
fees?
Nickel: That's the mechanism that we feel is going to be the best to get that improved.
Rountree: Thank you.
Zaremba: Madam Mayor'?
De Weerd: Yes, Mr. Zaremba.
Zaremba: On the one hand, thank you for making life easier. I was immovable about
that being a public street, so I appreciate your making that change back.
Nickel: You saw I was looking at you when I was talking.
Zaremba: The -- during the public testimony from some of fhe neighbors, who are
currently -- I guess this is Waltman Lane and ends down fhere, fhree or maybe four
properties that are staying outside of your parcel, they were concerned about traffic. I
happened to notice the other day on Overland just west of Cole beyond -- I think it's
Entertainment, there are some streets where people have trouble wifh cars turning in
and U-turning as fhey came off of the interstate and found themselves going the wrong
way on Cole. ACHD has allowed them to put no U-turn signs and dead end signs and
all sorts of stuff and I wonder if it might help if you would do that roughly right there,
where people have the last chance to turn --
Nickel: Absolutely. I think that's a good idea.
Zaremba: If you would put up some signs like that, I think that would go a long way to
addressing whether or not strangers would be coming down there looking to U-turn in
their yards.
Nickel: I agree. Yeah.
Zaremba: I think fihat would help. Now, discuss the alternate concept plan a little bit.
-- just visually fihat's more attractive to me.
Nickel: The reason it is is because it was actually drawn by a commercial developer
that knows what they are -- what they are doing. And, again, that's -- and maybe I can
defer to him to get up if you want some real specifics, but it would be a big -- you know,
Meridian City Council
June 17, 2008
Page 18 of 55
a big box over in this area right here, possibly shuffling the hotel over here or keeping
this a smaller -- a smaller box. And, then, creating a nice plaza -- a nice plaza look right
fhere. And, then, focusing the building back kind of towards the southeast. That's the
best I can do you on that. But, again, keeping Ruddy as a public street with -- you
know, with -- it was just on the plaza concept right there. Yeah. If fhis did go through,
they would have to come back in and modify the preliminary plat and the development
agreement, we understand that.
Zaremba: Even though I have commented on it, I-= my instinct would be -- and perhaps
we will get a comment from staff -- since you would have to come back anyhow, I would
rather not confuse the issue, I'd rather have one concept plan and not show a concept,
plan and an alternate if you came back sometime later and said this is going to work
better for us, then, we would listen to it, then, but that's just a start --
Nickel: And that's why I stated at the beginning if it becomes too confiusing, we'd just as
soon leave fhis plan out and keep the plan that matches our preliminary plat from our
original proposal.
Zaremba: Okay. And, Madam Mayor, while Mr. Nickel is here, if I may ask a question
of Director Canning. He's offering, if I understood, that if there is a larger building along
this property line that is going to be within a hundred feet of the residents, that they
would come in for a CUP. I think that's what he -- don't we already have it in the
ordinance that if it's within 300 feet -- a large building is within 300 feet of the residents
that has to --
Canning: No, sir.
Zaremba: I'm imagining that. Okay.
Canning: No sir.
De Weerd: That's public noticing.
Zaremba: Well, I know that, but there were some other things, like speakers and
outdoor events and I thought large buildings that we had made 300 feet as well, so --
okay. I was wrong about that.
Nickel: And, again, just to elaborate on fhis plan a little bit, we -- we really can
accomplish this with the -- with the concept plan we have now and the conditions we
have built in and that was the reason for the flexibility. I don't think fhis is too much out
of line wifih our original concept plan. And so I think by -- by having those specific
conditions that will address, though -- and it was really a compatibility concern with staff,
more than anything else. I think they would have given us a lot more flexibility if this
was industrial or commercial to fihis -- to.the side. But, again, we are trying to protect
existing uses, which I don't disagree with one bit, so I think most of this can probably be
Meridian City Council
June 17, 2008
Page 19 of 55
accomplished just with the modification to the development agreement and, then,
modification to the plat at some point.
Zaremba: Thank you.
Nickel: Thanks.
De Weerd: Well, frankly, I know pedestrian traffic was -- was questioned with the -- the
other plat. This one deals with the pedestrian a lot better than this other sea of asphalt.
Did I say that? So, that one seems to deal more with the pedestrian than the other.
Nickel: And, again, maybe it is -- maybe it is beneficial to have that adopted into the
development agreement, so we can kind of see and understand what -- the preferred
concept plan.
De Weerd: Okay. Council, any further questions?
Rountree: None.
Canning: Madam Mayor?
De Weerd: Yes.
Canning: I'm sorry. Councilmember Rountree.
Rountree: Go right ahead.
Canning: Okay. I had asked the applicant to address a couple other issues. One was
with regard to the proposed number of cattle. He says he wants to graze catfile and I
just wanted a number as to the limit of how many cattle. I didn't want this all of a
sudden to become a feed lot. So, if the applicant could provide that on the record.
Nickel: Yeah. Thank you. We would be happy with 25 as a number -- maximum head
number for cattle. And that's based on historically what the applicant has had out there
at any given time.
De Weerd:. So, you have cattle out there right now?
Nickel: Yes.
De Weerd: Okay. You have cattle out there right now.
Zaremba: Madam Mayor. That includes babies, calves, and stuff --
Nickel; Yes, it does.
Meridian City Council
June 17, 2008
Page 20 of 55
De Weerd: That's a head.
Bird: What about horses? What about horses? Cattle and horses are different, so --
Nickel: So, possibly one additional horse. Or one horse.
De Weerd: A one horse show.
Canning: And, Madam Mayor, Members of the Council, for the public thafs not used to
our odd naming of uses, a fuel sales facility and a vehicle washing facility are, indeed, a
gas station and car wash. And, finally, I can't see this corner -- is a representative from
the ACHD available to comment on the 8,000 vehicle trips? Because I'm concerned
that 350,000 square feet doesn't really equate to 8,000 vehicle trips. So, if you could
ask her to comment on fhat, I'd appreciate it. And that was all. Thank you.
De Weerd: Thank you.
Rountree: Madam Mayor, I just had a comment about this concept plan. One of the
issues that we talked about last fime was ultimately some type of frontage road or
frontage access and it seems to me that this concept lends itself pretty well to that.
That -- depending on what happens here, certainly access could be brought south
through here, at least into this area from this development, as opposed to having to do
this. Depending on how that eventually operated, one could circumnavigate fhe
property and get back to Waltman, so it seems to me that fihis concept lends itself better
to fhat idea fhan the original concept. Having no scale, it's difficult to pick out the
parking lot. I think it would at least handle parking lot type maneuvers through that
area.
De Weerd: Okay. I would imagine that traveler would like other options -- another
option as well.
Rountree: And deliveries could be made either that way or, you know, in a looped
fashion, as opposed to in and out. At some future time. Obviously, we don't know
what's going to happen with the interchange. The interchange may take that whole 15
acres. I doubt it, but it might. Anyway, just a comment.
De Weerd: Okay. Thank you.
Nickel: Thank you.
De Weerd: Okay. I did have a couple of names on the sign-up sheet. I have a Curtis
Lee who has signed up neutral.
Lee: I'm Curtis Lee at 365 Waltman Lane.
De Weerd: Thank you.
Mendian City Council
June 17, 2008
Page 21 of 55
Lee: Before we start site improvements on this we got to make sure they do something
with that bridge to the lane, because it will not handle any trucks or anything when they
start doing their site improvements before they start doing their work. And the second
thing is that closed-off subdivision done years ago -- I know you guys need to get it
opened up, because iYs unhealthy for the residents there. How it got through to begin
with is beyond me. Planning and Zoning, how fhey got that through wifhout anofher
access into that closed-off subdivision. But now we are having to incur the cost and the
trouble of it. That frontage road thing is never going to die, I don't think, because it's a
good idea. If fhe Planning and Zoning, ITD and ACHD, maybe should reevaluate their
20 year non-existent plan to open up their barren land at the south side of Johnston
Lane there where they are going to be doing all that work and access a frontage road, it
would help -- it would stop the impact fees and fixing Waltman Lane so much. It would
help the residents. And it would be better for this Browning Plaza. But why planning
and zoning and ITD have a 20 year non-existent plan, they don't know what they are
doing with, so nobody can tough that frontage road, is beyond me. I don't understand it.
If they don't have a plan, well, maybe they should get one and reevaluate it and change
it for the cost and everything else to the community. Because right now it's bare and it
will probably be bare another 20 years back there. That's all. Thanks.
De Weerd: Thank you. Okay. Norma Haddock signed up -- didn't --
Rountree: You're supposed to turn that off.
De Weerd: Well, he can't read the sign.
Haddock: I'm Nona Haddock at 480 Waltman Lane. I'd like a~ little more discussion
about what is going to happen to Waltman. Obviously, things are moving forward and
the things we brought before are nonexistent at this point. So, he mentioned that the
intersecfion would be at a certain point, but, then, really need to address how it's going
to connect to where the Waltman group is going to start at the ditch do their
improvement. So, what's this road going to look like that's going to handle the traffic?
How wide are we talking? What's going to happen? And it really impacts the Lees and
the neighbors up there, because, obviously, it's going to go into their property and that's
not been discussed. I'd like a little better inforrnation for us about what that really is
entailing. Thank you.
De Weerd: Thank you. Okay. Is fihere addifional testimony that would like to -- yes,
ma'am.
Aldridge: Yeah. I'm Donna Aldridge. I live at 365 Waltman Lane, courtesy of my son.
Anyway, I have lived down there, like I said, for over 40 years. I don't mind development
coming in, but I think they are not doing it right. Now, on Waltman Lane it is a dead end
road. It's not even a road. It's a lane. And we can't even hardly get out of there right
now and if they put all this traffic and all these buildings, what are we going to do? One
time, like I said, when they opened that lane up and let those people through, I couldn't
Meridian City Council
June 17, 2008
Page 22 of 55
even get out of my driveway. We had to have police there and I just don't see fihat this
is going to work, unless they put a frontage road or do something better and -- instead
of trying to take a lane and make a road out of it and put all these people down that one
road:. It ain't going to work.
De Weerd: Thank you, ma'am. Okay.
Swenson: Mike Swenson. 815 Waltman Lane. I'm still having a disconnect on the
traffic issues. They actually put fhe -- the counter thing on our road and somehow, you
know, and I have no idea how we got this many people, but they -- for just Waltman
Lane alone, they counted 500 trips, you know, and that seemed amazing to me. And,
you know, I don't have really a good feel as to how many cars are actually going to be
coming down that lane. I mean as somebody else spoke through the subdivision
through our lane and they weren't really expecting -- you know, what I think I need is
some sort of projection as to how many are going to come through fhere and, you know,
I think it going to be a higher percentage than what they think. But, of course, greater
minds fhan mine are thinking about this. But there seems to be something that just isn't
quite making sense to me.
De Weerd: Thank you. Additional tesfimony?
N.Swenson: Nancy Swenson. 815 Waltman Lane.
De Weerd: Thank you.
N.Swenson: I also have some concerns about the number of people that are going to
be coming down. When we are talking 8,000 people, are we talking fhat just to try and
come into here or if fhere is another property over here that we are not looking at, that I
have seen signs up that is waiting to have somebody come in and develop it. If we
have 8,000 people coming down here, does that mean fhese guys get none? What is
the -- wfiat is the amount that this road is supposed to hold. In the future we could be
looking very easily at this other development coming in here wanting to have traffic,
what is that intersection, even under the -- it would be some place over here, I imagine,
according to the scale, how many vehicles are going to be coming through fhat
intersection trying to get to this development, which right now only has signs up saying
that it's available and for this proposed, are they going to have to say you can have
8,000 today and you can have 8,000 tomorrow? I'm not seeing it myself, because that
intersection is only going to hold a certain amount of vehicles if they develop and he
doesn't have his road in, is that going to change things? What sort of future plan are we
going to look? Are we going to try and integrate this with this that is still up? Is there a
long range plan for what it's going to look like? Or is it going to be put together like a
cast off and second-hand ideas? I know that I'm not going to stop progress, but I'd like
to have a unified plan and specifically would like to know whether I'm going to be able to
get off of my section of the road, but -- but that seems to be something still under
consideration. So, at least for tonight, please, think about it.
Meridian City Council
June 17, 2008
Page 23 of 55
De Weerd: Thank you. Okay. Any additional testimony? Yes. Christie.
Little: Madam Mayor, Members of fhe Council, Christie Little, Ada County Highway
District, 3775 North Adams Sfireet in Garden City. I'm here tonight just to put on the
record a little more information from the highway district and answer your questions as
well. Your first question had to do with trip generation and the trip generation that was
used with fhe traffic impact study that the applicant submitted included 200,000 square
feet of shopping center and 150,000 square feet of office park. The shopping center
classificafion generally is 43 trips per thousand square feet and so their overall total,
using those classifications, was 10,300, which there is a little bit of confusion as far as
the applicant's 350,000 square feet number, because thaf's the total showing here. So,
it might end up being the types of uses and how we look at that. But regardless, the
highway district did put the 8,000 trips generated by fhe site on this development and
accounted for it -- the approximate 500 that are existing there today. The forecast ADT
that we like to keep on collector roads is 8,500 trips a day. That's why we established
the 8,000 trip limit. In the highway district action, however, there is a note to the city
that I'd just like to read to you in case you haven't seen it. It addresses some of the
concerns of fihe neighbors. It's just reminding the city that fhe issuance of building
permits could generate traffic beyond capacity along Waltman Lane until the extension
of Corporate Drive and just pointing out that we have suggested limiting fhe site to
8,000 vehicle trips per day, but this, essentially, restricts any further development whose
parcels only have full access onto Waltman Lane until the extension of Corporate Drive
is complete. So, basically, what we are saying is these 8,000 vehicle trips that we are
suggesting be the cap for this development, if an adjacent parcel comes in for
development prior to corporate being extended, there won't be any capacity for them.
So, at that point ACHD would recommend denial, because all the capacity had been
used up until such time that Corporate was extended. And, then, just to clarify, again,
for fhe neighbors, the applicant is going to be constructing Waltman Lane from
Corporate to Ten Mile Creek as a three lane collector street section, three lanes, bike
lanes, vertical curb, gutter, and sidewalk, for a portion of fihat and, then, with the
phrasing plan at 8,000 and as Mr. Nickel stated, some of those improvements on
specifically the extension of Corporate Drive, the highway district would support the
formation of an extra ordinary impact fee overlay district for those improvements.
De Weerd: Thank you.
Rountree: Madam Mayor. Christie, I asked Shawn about the traffic projections and
what you're telling me is the traffic projections are based on 43 vehicle trips per
thousand square feet of commercial or office, but what specifically was taken into
consideration for Mallard Landing Subdivision, which would aacess through this area?
It seems to me that that number would be significanfily higher.
Little: Madam Mayor, Councilmember Rountree, the trips coming and going into that
subdivision are accounted for in the traffic impact study and often what we see with
fhose stub streets is a wash, meaning the trips that are going into the new site are the
Meridian City Council
June 17, 2008
Page 24 of 55
same number of trips going out of the site. So, they did evaluate that and that was
taken into consideration.
Rountree: So, fhat traffic generated there is also part of the 8,000?
Little: Correct.
Rountree: And, then, we heard some different numbers, but you're saying the 8,000 is
based on 350,000 square feet?
Little: No.
Rountree: As opposed to 450,0000 square feet?
Little: Actually, based on that traffic impact study, a 200,000 square foot shopping
center would generate almost 8,600. So, it's just -- they have used two different
classifications in their impact sfiudy. One's a shopping center. Part of it's an office park.
Quite frankly, we don't subdivide up bits and portions of subdivisions. So, I'd refer to this
as a shopping center and that is 43 trips per thousand square feet.
Rountree: And, then, my last question for you -- what's the capacity -- what's the design
capacity of the split corridor intersection improvement?
Little: ThaYs not a fair quesfion.
Rountree: It is, too. You're supposed to know that stuff.
Little: Maybe if you give me a couple minutes I can look up --
Rountree: I certainly would. .
De Weerd: I guess, Christie, you mentioned that improvement befween the creek and
the Waltman intersection is a three lane collector and we are talking about the traffic
from Mallard's Landing, as well as what is generated here, what is the long-term plan for
Waltman Lane, as was mentioned the land to the east of that is also commercial or
mixed use. What is Waltman Lane going to be. It must be more than a three lane
collector.
Little: Madam Mayor, I don't believe -- and Anna can correct me. I don't believe the city
has proposed or recognized it as anything more than a collector in the Comprehensive
Plan. I don't think it shows up as an arterial in the functional classification map either,
so --
De Weerd: I guess my question may be more towards Anna. With the kind of land use
designation in fhat area, is a three lane collector appropriate to carry this kind of traffic?
Meridian City Council
Jane 17, 2008
Page 25 of 55
Canning: Madam Mayor, Members of the Council, if you look at fhe -- I wish I had a
larger picture. This one gets to it a little bit. If you envision the parking -- or the land
uses on the east side of Waltman, there is a much larger area there with just a two lane
road, just a local road, and it's a much larger commercial area. So, I don't believe that
the limited amount of area here on the south side of Waltman -- and even on the north
side of Waltman, I don't think it's going to generate the need for an arterial roadway at
tha# location. If you think about our other collectors that have changed to arterials, it
was Pine -- and you think about all the area feeding into Pine compared to this one, I
think that a collector is sufficient.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just to confirm -- you were expressing a comfort level of -- well, the terms the
applicant is putting in is what percentage of their square footage can be built before
Corporate has to be put through. They are proposing a total of over 400,000 square
feet and not -- not proposing to make Corporate go until fhey are at least three-quarters
built out at that. I# sounds like your figures add up to something closer to 35 -- 350,000
square feet for fhe enfire 8,000 vehicle trips. So, my question is if we go that direction,
should we be suggesting to the applicant that somewhere around 200,000 square feet
they need to complete Corporate?
Little: Madam Mayor, Councilmember Zaremba, that's correct, I mean just based on
their traffic impact study, 200,000 square feet of shopping center is 8,600 trips per day.
So, it's less than 200,000. Part of the confusion is that the applicant's using square
footage, the highway district is looking at trips, and I don't have my calculator here to
divide 8,000 by 43.
De Weerd: Well, we will let you go and calculate that and, then, level of service over
here.
Canning: It's 186,000.
Little: Thanks.
Zaremba: Thank you.
De Weerd: Thanks. Okay. Any further testimony from the public? I'm sorry, you have
to come up and reintroduce yourself. ~
Aldridge: I'm Donna Aldridge at 365 Waltman Lane. Now, I`m still concerned about
Waltman Lane. If fhey do make it -- widen the road, what the people's going to do down
there, they are going to be taking my well; my yard, and everything if they widen that
road. On the one side is a storage and, then, the residents on the other side and, like I
said, it's just a lane now. It's not even a road. It's a dead end lane. So, I have been
Meridian City Council
June 17, 2008
Page 26 of 55
down there, like I said, 40 years, I have got a lot of inemories, I have got trees and
flowers and my place looking like a Garden of Eden almost. So, now they are going to
come in and just tear everything out to put in fhis development for other people to come
down our road and -- I'm confused. I'm just -- like I said, I have got a lot of inemories
there and I lost my youngest son and fhere is a lot of inemories there for me. Thank
you.
De Weerd: Thank you. Okay. Would fhe applicant like to have his wrap-up remarks?
Nickel: Thanks again. Shawn Nickel. To address one of the questions, the bridge over
the creek is our responsibility as part of our development. This bridge right here will be
part of our reconstruction of Waltman in our project. As ACHD has indicated, that
number, Councilmember Rountree, you're looking for was 500 vehicle trips coming out
the Landing. That was taken out of the 8,500 vehicle trips that -- that Waltman could
handle. So, that's where the 8,000 came from was the 85 minus the 500 coming out of
the Landing already existing. Actually, the -- yeah. That's right. So, I guess the
confusion is over the breakdown of square footage versus vehicle trips per day coming
out of that -- coming out of this development and, again, not knowing what fhose -- what
those uses are going to be, it might be better just to keep at the 8,000 vehicle trips per
day condition fhat ACHD has in there -- in their approval and through the phasing plan
that they are recommending that we -- that we provide them, work with on when that
threshold is met, unless we can -- I guess unless we can come up with a square footage
that -- that makes -- that makes some sense. And, again, I guess regarding the
frontage road, once again, not -- not -- not knowing -- not knowing what is going to
happen with ITD's property with -- with this interchange and with all these properties
right here, how they are going to develop, it really doesn't give us any control over when
that frontage road is going to continue and what it actually is going to accomplish. If it
loops down here, at some point it's going to have to come back up to Waltman, because
I doubt we are going to get anofher access point on Meridian Road. I just don't know in
fhis small area wha# that really is going to do to have a frontage road and also we have
no control over it this way and we have designed -- we have control to some point over
where Corporate is going to go. So, any other quesfions, I'll stand for those right now.
De Weerd: Council, questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I guess I want to -- I want to be clear what you're saying in terms of
conditions. For what development -- or what conditions might be put on the
development, if, in fact, we were to move forward with this. We heard that something
on the order of 190,000 square feet, as opposed to the 350,000 square feet that you
originally proposed in your testimony, would be all that -- that 8,000 vehicle trips could
Meridian City Council
June 17, 2008
Page 27 of 55
accommodate. Would you go on to clarify your previous statement about volumes and
square footages, for the record?
Nickel: As far as which we'd prefer to do?
Rountree: I know what you would prefer to do, but what --
Nickel: I mean which -- which -- which threshold we want to -- whether it's the vehicle
trips or the square footage? Is that what you're asking? I don't know what --
Rountree: Well, it seems to me that one's going to beget the other and it's -- in reality,
it's easier to control square footage than it is traffic volumes, because, quite honestly, I
don't believe the 8,000 vehicle trips a day and fhe 500 coming out of Mallard Landing. I
would say that whole lower quadrant is going to come out of there and if you multiply
the number of lots by ten vehicle trips a day, which is the rule of thumb for traffic
generation, there is going to be a lot of traffic fihat goes fihrough there, in addition to
what you're talking about, so the --
Nickel: I guess if we had our -- we had our way about it -- you're going to have to
determine with ACHD what -- what that -- what that square footage maximum needs to
be. I mean we would -- I guess we would be more comfortable with establishing fhat
number knowing that -- and from what ACHD is recommending, that it's understood that
this property was going to be taking that -- that square footage or those vehicle trips -- I
think thaf's one thing that the neighbors were concerned about is are you -- you know,
what -- how are you going to define this intersection and take into account fhis is all
commercial designated property fhat's going to have an higher impact on that
intersection. But I guess we would like it clear in the condition fhat that threshold is for
this property, as proposed or recommended by ACHD. So, I don't know if I answered
your question, Mr. Rountree, but, obviously, the larger amount of square footage the
better we are going to like it.
Rountree: That's all I have, Madam Mayor.
De Weerd: Okay. I think also at our last meeting there was a question about the
masonry wall and the height.
Nickel: Right. That -- Madam Mayor, that -- that exhibit that we are inaluding with the
development agreement shows that as a six foot high sound wall behind a three foot
landscape berm.
De Weerd: Behind the fhree foot berm?
Nickel: With the evergreen.
De Weerd: Oh, there you go. And where all does that go?
Meridian Ciry Council
June17,2008
Page 28 of 55
Nickel: That would be on the western boundary of fhe property.
De Weerd: And did you address what went in that -- that corner? I think that question
was asked and I don't remember what the answer was.
Nickel: As far as buffering or --
De Weerd: Uh-huh. Buffering.
Nickel: Yeah. I think we looked at fhis boundary to here as the western boundary.
De Weerd: Okay.
Nickel: That's to protect these homes right here.
De Weerd: Council, do you have additional questions?
Bird: I have none.
De Weerd: Anna, regarding the plat, I guess fhey -- they keep the integrity of the road
system, but I like the alternafiive --
Canning: Madam Mayor, Members of the Council, I think part of the applicant's desire
for having the alternative concept plan up tonight was to see your reaction and I think
he's gotten a pretty good feel that you all like that one better. As far as from the
preliminary to the final plat, if the connections to all the adjoining properties are still met,
I would not -- I would be able to deem this -- the concept plan as conforming to the
approved preliminary plan. As long as the relationship to the -- to the surrounding
properties and the street remains the same. That's the kind of concepts we see
frequenfily and I would not be concerned with that. You know, the details on the plan
aren't there. So, it's hard to make a definitive statement about it, but it sure looks like
we could accommodate it. I was more concerned with the relocation of the big box and
specifically having an opportunity to contact those neighbors about the change,
because they have not been present at many of the hearings.
De Weerd: Well -- and I would say even as far as that big box goes -- we have a fire in
our garbage can out there. I just thought I would --
Bird: Where is our fireman at?
Rountree: Mark, you can handle that?
Bird: Mark can -- well, I don't think so. Put a Band-aid on it, Mark.
De Weerd: I didn't want to overreact or anything.
Meridian City Council
June 17, 2008
Page 29 of 55
Rountree: We hope that's all it is.
Nickel: Sorry. I was just going to use that tactic if I really needed it.
De Weerd: Well -- but I am sensifiive to what Anna was saying, because that is the one
thing about the concept plan that I wouldn't want to see. I would want to see the smaller
footprint over near the residential. So, I would almost swap the one in the east corner to
-- to the one in the west. And I guess that's in keeping with -- with your comment as
well.
Canning: Yes, Madam Mayor, but I don't think fhey could fit fhe big one over there, but
I'm sure they will --
De Weerd: Well, we won't ask Shawn to redesign it, since he's --
Canning: I'm sure they will take your guidance.
De Weerd: We do like the deveioper's idea better. . And let me just go back to -- I think
some of fihe discussion at the last meeting was the disconnect with the pedestrians and
with -- with this other plan and wouldn't want to get that lost in the big picture of things.
Zaremba: Madam Mayor? On that subject, I expressed enthusiasm for the alternate
concept plan. I was not necessarily meaning the buildings. I like the roadway design. I
think we do need to have protection for the residential neighbors to the west regarding
fhe building, but my enthusiasm is for the roadway design.
De Weerd: And the pedestrian connectivity.
Zaremba: Yes.
De Weerd: I don't know what direction Council is going with this, but I do want at least
those comments noted.
Nickel: Madam Mayor, I think we can definitely work toward wording in the
development agreement that this plan is more oriented towards pedestrian, as an
example, in alternative concept number two or something like that. That way you're
going to get -- kind of get the best of both worlds in your -- in the plan that you ulfimately
get.
De Weerd: And since our attorney is not over there taking diligent notes, he's turned
into a firefighter --
Zaremba: We do still have volunteer firefighters.
De Weerd: Way to go, Mr. Nary.
Meridian City Council
June 17, 2008
Page 30 of 55
Nary: Deputy Ghief Niemeyer took care of it.
De Weerd: So, I guess if that's noted. And thaYs only if Council goes positive on this.
Okay. Any other quesfions, comments, from Council? Hearing none --
Rountree: Madam Mayor, just a parting comment here as I-- I did some quick math
and that's dangerous. I did a quick count of the lots that I thought one could easily
guess are going to utilize this road in Mallard's Landing. I would say that the traffic
volume that could be generated by any development on this parcel at this point in time
would meet the 8,000 trips that ACHD set as a limit, would be -- would end up with a
square footage of something on the order of 150 to 158 thousand square feet. I am not
privy of the traffic analysis, but I do not believe the 500 vehicle counts on Waltman Lane
itself take into account any of that traffic that would be generated from that --
somewhere between 100 and 125 lots.
De Weerd: All right. I'm sorry, ma'am -- okay. Gloria, you can't just shout out anything.
But Waltman Lane happens to be just right off 1-84 off of Meridian Road.
Rountree: Anyway, just a comment. I don't know if Shawn wants to address fhat or not.
Zaremba: Madam Mayor?
De Weerd: Yeah. Mr. Zaremba.
Zaremba: I agree with what I think one of the premises Councilman Rountree had
earlier, which was as far as administrating when we get to the point, it would probably
be easier -- it would be easier to administer if we used building square footage. To
administer by traffic count, ACHD would have to leave a counter there to check it every
day, whereas picking a number for the square footage, we know when that happens.
Nickel: Madam Mayor, if the record is still open, could the developer speak for a
moment?
De Weerd: Yes. If you will, please, state your name and address for the record.
Moore: Certainly. Dave Moore. Cooney & Crew Company. 4949 Southwest Meadows
Road, Lake Oswego, Oregon. Madam Mayor, Members of the Council, I'd like to bring
a different perspective to the discussion, if I could. Not to argue with any of the math,
because, quite frankly, I have never been able to get away with my quick math with any
city or any municipal agency. But to limit traffic counts on a 38 acre parcel to 150,000
feet, what you have effectively done is burdened about ten acres with the improvement
of Ruddy as a public drive, the extension Corporate, and the improvement of Waltman.
And I can safely tell you as a developer for 20 years, there is not a ten acre
development that could support that. So, yes, there is some signs here. Yes, there is
some reality of what the traffic generation might be. But I also think it's not necessarily
fair to burden this project with the development of Ruddy Road and, then, count those
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Juoe 17, 2008
Page 31 of 55
traffic counts against the project. It is fhe reality, but it's also financially unfeasible. So,
I just wanted to bring fihat up. I'm just the developer. That needs to be -- we are happy
to work with ACHD and staff and Council to try to come to some common ground here
that allows 38 acres to have enough development to happen to be able to financially
support the improvements that are being requested of us. Thank you.
Rountree: Thank you. I appreciate that and I understand that.
Bird: What is the square footage, then?
Moore: I don't know. Simple math will tell you that in a dense, in-fill division, we try to
have about 25 percent coverage. So, in other words, if you have about 25 percent
coverage on 38 acres, that's about 400 to 425 thousand square feet.
Bird: Four hundred thousand square feet?
Moore: Correct. And, again, semantics, whether it's an office -- I mean if -- if we were
to base the -- the go forward plan on square footage, I'm sure the city or all of us would
love if a large office user came and wanted to do a very nice office park here. That may
allow many more square feet than say just pure retail. So, we'd like the flexibility to
keep this as a mixed use development and, again, I'm not up here trying to give you a
solution, I'm just trying to give you another perspective. Any other questions for me?
De Weerd: Any questions?
Zaremba: Thank you.
Moore: Thank you.
De Weerd: Thank you. Okay. Council, any further information needed?
Bird: I don't, Madam Mayor.
Rountree: I don't need any.
De Weerd: Okay. Staff, any final comments? Council?
Rountree: Madam Mayor, I guess Mr. Moore made fhe point I was going to make, that
in order for this to work, they have to have a certain square footage in order to pay for
the infrastructure. Essentially, what he said at ultimate build out they are going to need
befinreen 400 and 450 thousand square feet to pay for the infrastructure they are talking
about improving. There is no budget in ACHD to improve Waltman or fihe split corridor
above and beyond what might need to be, based on fhe development -- the use of the
development to the west -- from the west, so who is going to pay for the traffic that's
going to utilize this facility and cause it to not work so well at build out? I just see that
this is -- fhis is a concept -- well, I like the concept, no problem wifh that. I like the
Meridian City Council
June 17, 2008
Page 32 of 55
concept. I think it's just before -- way before the infrastructure's in place. If Corporate
and Ruddy were in there, I would -- I would agree with Anna it's not too different than
what's -- what's to the east in terms of the Corporate development over there. But they
have a number of ingress and egress points in that. At this point we will only have one
and we will only have one at whatever level we would approve development to if we
were to approve it and no guarantee to the developer that we would ever get Corporate
or Ruddy. So, if we were to limit it to say 150 to 200 thousand square feet, would we
ever get all the improvements on Waltman even? I'm just struggling with the impact on
infrastructure and the ability to pay for the infrastructure.
De Weerd: Christie, did you have the final information on the Waltman intersection?
Little: Thank you, Madam Mayor.
De Weerd: You thought we almost forgot, uh?
Little: Yeah. Madam Mayor, Council President Rountree, Pat Dolby did take a look at
the intersection using the existing conditions -- one with Corporate and one without the
Corporate connecfion. So, wifhout is today and the intersection operates at a level of
service E and with fhe Corporate Drive extension it's projected to operate at a level of
service D. And, then, with fhe improvement of the intersection that will occur next year,
it looked like it was an E-D during the p.m. peak hour.
Rountree: And what kind of projections did he --
Little: That was just using fhe 2010 forecast.
Rountree: And what were those?
Little: Which numbers are you looking for?
Rountree: The numbers on Waltman and Corporate.
Little: Madam Mayor, Councilmember Rountree, those weren't provided to us in the
calculation of the intersection of Main and Meridian, as far as -- you're.looking for
volumes on those two roadways?
Rountree: Yeah. What did you design it to? You're going to rebuild it, you had to
design it to some traffic volume. Are they not in the split corridor?
Little: I guess I don't understand your question.
De Weerd: The question is in phase one of that intersection at Waltman - Meridian -
Corporate, what is that intersection -- what are the traffic numbers that that intersection
is supposed to carry?
Meridian City Council
June 17, 2008
Page 33 of 55
Little: Madam Mayor, President Rountree, I don't know that answer and, of course, all
of that would have gone through the study that was done on the intersection corridor on
what was used to project and forecast how many vehicle trips per day that is, but when
-- when fhat study was going on and with any intersection or corridor study we are using
the Compass forecast, which is what the CIP or Capital Improvement Plan is based on.
Rountree: Okay. Thank you.
De Weerd: Do you have numbers that we don't have?
Nickel: No. I have a comment. Madam Mayor and Councilmember Rountree -- I guess
all Council Members -- and this might sound kirid of crazy, but hear me out. It seems
like the -- one of the concerns which is decreasing the square footage of the -- of the
development is the connection to Landing. As the developer's indicated, this property
right here and this property owner is taking on quite the burden to fix a problem and get
traffic out of this development and bring it onto Waltman, so --
Rountree: I agree.
Nickel: Why don't we not connect this at this time until Corporate Drive is extended,
because what you're going to have is -- a couple things are going to happen. You're
going to deny the project and this connection's never going to happen. You're going to
put the square footage so low that this development is never going to happen and this
connection is never going to occur. So, why -- why even connect it right now? Can we
build in a condifion that that's to be connected when the Corporate Drive is and come up
with a reasonable square footage that doesn't burden Waltman and provides enough
square footage that this project actually does work. Now, we would definitely put in --
we would definitely put in -- we would definitely put in the emergency access, so you
would at least have that -- that service available, but just wanted to kind of bring that up,
because that seems like that's -- to accommodate that is bringing the project down to
accommodate that -- that additional tra .ffic. So, I just wanted to comment that we are
also not in disagreement to postpone this if you need any additional traffic numbers or
we need to discuss it further. So, thank you for that additional time.
De Weerd: Anna, do you have any idea where -- I can't -- would Compass have that --
that number?
Bird: No.
Canning: For the intersection, ma'am?
De Weerd: Uh-huh.
Canning: I was looking on the ACHD site -- if Christie knows. Is it on -- do you know if
there is a copy of our split corridor plan on your site?
Meridian City Council
June 17, 2008
Page 34 of 55
Litfle: Madam Mayor, there is not. And I apologize for not having those numbers. They
are not something I use on a daily basis for a particular intersection, but if you defer it,
I'm more fhan happy to get those answers for you as soon as possible. That study has
been going on a long time, so I know they were updated with each --
Bird: We have been told a hundred times what they are and I can't remember.
Little: I did just, while I'm up here, want to mention if the Council decides to make a
decision tonight, that not requiring the extension of the stub street from Mallard right
now would require this application to go back before the ACHD commission, because
fihey did require that connection right now. So, if your action is something different, just
to let the applicant know that this will go back to the highway district for review.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I was just going back and remembering a little bit, I'm positive that the intersection
has been designed to handle traffic for build out throughout that area there, but I-- I,
too, have a problem with trips on t~he road as it is until Corporate's there, but in the same
token I understand the developer -- I mean if you give him 150,000 square feet of
building, there is no sense even going out there and starting, that it's going to -- that isn't
going to pay for the infrastructure he's got to put in for that. I don't know. It's a decision
we got to think about as we make it.
De Weerd: Well, Council, before I ask -- if you want to close the Public Hearing, if you
want the additional traffic numbers, I would certainly encourage you to continue this
or --
Rountree: Madam Mayor, let me put an end to this, if you will let me.
De Weerd: I would let you.
Rountree: I would move fhat we continue the Public Hearing on this item and request
the applicant to provide us traffic information on this particular project and since I'm
hearing kind of a preference on concept, the redone concept, re-look at the traffic
volumes on the connection with Mallard Landing through your development to Waltman
Lane. The traffic volumes on the connection with the split corridor and the new
designed intersection with Waltman Lane, provide us what are the proposed typical
sections in your development and on Waltman Lane that would be developed pursuant
to extraordinary impact fees and answering the question whether or not extraordinary
fees could be used to make those improvements and could those improvements be
made at the objections of the individual property owners who might be involved with
additional right of way requirements. If, in fact, right of way would be required. With
that information I believe I could render some sort of a decision.
Meridian City Council
June 17, 2008
Page 35 of 55
De Weerd: Okay. That was a motion.
Rountree: That's was a motion.
Zaremba: Do we want to discuss how long --
De Weerd: You can't discuss it until I have a second.
Zaremba: I'll second that motion.
Rountree: Oh, we need an effective -- I need to continue it to a date certain. Excuse ~
me.
Zaremba: We need a date to continue it to.
Rountree: If you want to second it and, then, discuss it, I'll find you a date.
De Weerd: Do you want to second it for discussion? I think we are fine on the 24th.
Rountree: June 24th.
Zaremba: The 24th is fhe beginning of the ACHD conference.
Rountree: So, my motion would be to continue this hearing until June 24th, 2008.
Zaremba: Second agrees.
De Weerd: Okay. Discussion? Did you have discussion, Mr. Zaremba?
Zaremba: Councilman Rountree said everything I would discuss.
De Weerd: Okay. I have a motion and a second to continue this until the 24th. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Is staff clear on the informafion that is desired by Council?
Canning: Yes, Madam Mayor, I believe so. Just -- I guess I should be -= I better go
over it, because we won't necessarily have the minutes, so -- provide traffic information
on the revised concept with specific regard to volumes coming out of Mallard Landing.
Volumes on Waltman near the split corridor interchange -- or the split corridor. And
typical sections pursuant to -- that would be in place if there were extraordinary impact
fees and you want some clarificafion on could they be made if the property owners
object to the right of way takes. Okay.
Meridian City Council
June 17, 2008
Page 36 of 55
Zaremba; Madam Mayor, would a five minute break be appropriate?
De Weerd: We will take a five minute break.
(Recess.)
Item 10: Continued Public Hearing from June 3, 2008: ZOA 08-001 Request for
a Zoning Ordinance / Unified Development Code (UDC) Text Amendment
to modify, clean up and add specific sections to the UDC (see application
for details of all sections proposed for amendments) for Unified
Development Code Text Amendment #4 by the City of Meridian
Planning Department:
De Weerd: Okay. Counsel, I will go ahead and call this meeting back to order. We are
on Item No. 10, which is a continued Public Hearing from June 3rd on the UDC. Anna.
Canning: Madam Mayor, Members of fhe Council, at the last hearing I reviewed a few
recommended changes, so they are on my crib notes today, just for your reference, but,
then, I will address the one thing you kind of charged me with since -- since we have
talked about this last and that was landscaping and screening in industrial districts. You
requested at your last hearing that I conduct a meeting with interested parties to discuss
the landscaping standards in industrial districts, in particular the five foot landscape strip
adjoining any drive aisle is how it's currently written. I met with Ron Van Auker, Walt
Morrow, Brad Miller, Cornell Larson and Councilmember B'ird on June 12th, 2008, and
at that meeting we came to the following plan of action. I will draft new language to
exempt truck maneuvering areas from five foot landscape plan -- and these are all just
things that you will consider in the future, but I'm just telling you what my responsibilities
are. The five foot landscape buffer would still be required along drive aisles and stalls
for the required vehicle parking areas, so any vehicle parking areas -- actually, it would
be any vehicle parking areas, would still have our standard landscape strip adjoining
fhem. It would just be areas where just trucks are going and loading docks and things
like that. With regard to screening, I am to draft modifications that do not require
screening of outdoor storage areas if they are within an industrial district and they adjoin
an industrial district. So, even though they may be visible from a public road, if they are
in an industrial district and only visible from the industrial district, the screening would
not be required. And they all seem to be okay with that. So, I think we came to an
agreement on these items. The other option to not allowing screening -- and you can
comment on it now if you want, so that I can write it in there. The other option is to
allow them to use chain link with slats for screening. Personally, I think over time chain
link with slats looks worse than just seeing the material stored behind them. So, I was
not in favor of requiring screening. That's why I went the other way. Okay. I got
enough nods there that I'll keep with that plan of action. So, screening would still be
required along property lines that border non-industrial districts. I also committed to
looking into the landscape buffer and screening requirements along the railroad corridor
and I know the Comprehensive Plan has language in it, so I didn't -- couldn't commit to
them on fhat until I do some more research and fiind out about that. That may be a
Meridian City Council
June 17, 2008
Page 37 of 55
bigger change and maybe require a Comprehensive Plan text amendment and things
like that. So, told them I would look into it. They definitely have an interest in not
requiring the screening, makes some sense given that it's a 200 foot right of way and
they also didn't want the landscaping requirement. The problem is it's shown as a
pathway on all our pathway plans. So, fhat's the issue there. And, then, the other
issues -- we already talked about. We talked about gated developments already. I'll.
bring that in a separate text amendment, as with the landscaping in industrial districts,
I'll bring that as a separate text amendment.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: This probably isn't the time to discuss the details of that, but I have one detail
that --
Canning: Okay.
Zaremba: -- make sure it doesn't get missed in it and the various times that we have
discussed gated developments, the issue has been to make sure that they provide a
way to escape for somebody who unknowingly turns into and finds a gate wifhout them
having to back into an arterial or a collector. So, a way to escape or turn around without
backing into --
Canning: Oh. Oh, the location of the gate?
Zaremba: Yes.
Canning: Okay.
Zaremba: And a wide enough area that they can escape, if we are going to go to gated
communifies. I just didn't want that thought to be lost.
Canning: No. And I will capture that. And from what I recall -- I had not gone back and
read the minutes, but from what I recall of the Oaas Laney presentation to City Council,
your response, I believe, was that any regulations regarding gated communities sfiill
needed to address the interconnectivity issues I raised in the response issues that the
fire department raised. So, that would be -- it would be fairly limited to -- to incorporate
concerns, you're going to have a fairly limited number homes within those -- fihose gated
areas. So, that's the direction I'll kind of take in writing that new ordinance. And the
Mayor looks like she wants to say something to me, but maybe she will save it for later.
Okay. And, then, we already talked about the changes to the TN-C distriet with regard
to Mr. Jewett's proposal. And I did say -- I did tell you before I'm okay with those
changes, as long as we all understand that we will need to modify them again as soon
as we get our design guidelines firmed up and ready to go. And polifiical signs in
residential districts, address -- they provide a content neutral strategy for signs in
' Meridian City Council
June 17, 2008
~ Page 38 of 55
residential districts, which I think was a good move on our part. So, those were the only
changes to your original proposal coming from the Planning Zoning Commission. Do
you have any questions or concerns? ~
De Weerd: Council, any quesfions?
Rountree: No. Just a comment. Anna, thank you for putting up with what we asked
you to do. I think the resolution was good.
Canning: Madam Mayor, Members of the Council, Councilmember, they know to push
my buttons, but they are good guys.
Rountree: Yes, they are. And so are you.
De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide
testimony on this item? Council?
Rountree: Madam Mayor, I'd move fhat we close the Public Hearing on Item 10.
Borton: Second.
De Weerd: Motion and second to close fihe Public Hearing on Item 10. All those in
favor say aye. All ayes. Motion carried.
MOT10N CARRtED: ALL AYES.
De Weerd: Okay. Council?
Rountree: Madam Mayor, just for clarification, do we need to now schedule a revised --
hearing on a revised ordinance or what's the next --
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of fhe Council, I think fhe next step -- Mrs. Canning --
see what she thinks, but the next step is we can put this -- all the changes that we have
done into the ordinance format that's necessary, then, we would bring that back in front
of you. You can certainly have it for three readings or if you want to accelerate that. I
think most of the comments have been yours, so I don't know that there is a necessity to
have three full readings, but that's your choice. But that's -- we can -- it will probably
take us a little bit to get all that information together and Mrs. Canning has a few more
things to do on her end, but, then, we can get that on here within, I don't know, a few
weeks.
De Weerd: Okay.
Meridian Ciry Council
June 17, 2008
Page 39 of 55
Rountree: Madam Mayor?
De Weerd: Yes
Rountree: Suggested time from staff?
Canning: Oh, two or three weeks is sufficient, sir. I think two weeks is the workshop,
though.
Rountree: It would be.
De Weerd: No. It's on the third Tuesday.
Bird: July the 13th.
Canning: Three weeks is fihe 15th. I think we could have it by the 8th.
Rountree: Okay.
Canning: I don't think we need to go a month.
De Weerd: Okay.
Rountree: Madam Mayor, I move that we approve the proposed development code text
amendments and direct staff to put them in ordnance form for our consideration at the
July 8th, 2008, public meeting or public hearing and set them up for an accelerated
ordinance approval.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to hear this on July 8th. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 11: Public Hearing: RZ 08-001 Request to Rezone 0.32 acres from R-4 to
O-T zone for Trinitv Assisted Livinq by Elisha Ricky - 1353 West 1 S~
Street:
Item 12: Public Hearing: CUP 08-005 Request for Conditional Use Permit to
operate a 24-hour Nursing Care Facility in a proposed O-T zoning district
and conditional use approval for a site and building that does not meet the
criteria of the Downtown Meridian Design Guidelines for Trinity Assisted
Livinq by Elisha Ricky - 1353 West 1 St Street:
Meridian City Council
June 17, 2008
Page 40 of 55
De Weerd: Okay. Item 11 and 12 are public hearings on RZ 08-011 and CUP 08-005. I
will open these two public hearings with staff comments.
Canning: Madam Mayor, Members of the Council, this is Trinity Assisted living project.
It's located at 1353 West 1 st Street. The applications before you tonight are a rezone
and a Conditional Use Permit. The highlights of the proposed development include a
rezone of .32 acres from R-4, low density residenfial, to OT, Old Town. Concurrently,
the applicant is also requesting conditional use approval for two -- for two different
things. One is to operate a 24 hour nursing care facility and the second one is to
construct a new 2,100 square foot addition to the existing residence that does not meet
the downtown Meridian design guidelines. The existing building -- you can see at the
top of the page here -- is 2,200 square feet and, then, the addition down beiow is the
2,100 square feet. And that existing building is currently operating as an eight person
residenfiai care facility and, then, the owner is proposing to expand her business to
operate as a 16 patient nursing care facility. Nursing care facilities are prohibited in the
R-4 zone and that's why they are requesting the Old Town designation. We do have
some elevations. Staff is recommending, in lieu of full compliance with the downtown
Meridian design guidelines that fhe applicant modify the street facing facade to include
materials referenced in the design guidelines and the applicant shall incorporate larger
windows, at least by three, and add brick or stone accents along fhe entire east facade
of the building. Commission recommended approval at their May 15th, 2008, Public
Hearing. Doug McCleary, Hilda McCleary, John Cole, Mike Smith and Dathan Cole, all
spoke in favor. Gale Wilde spoke in opposition and there was no one commenting. We
did receive written testimony for the Planning and Zoning Commission hearing, but we
received it after the Planning Commission had their hearing. So, key issues of the
discussion were the parking stalls located in front of the site and there was no key
changes to staff s initial recommendation. So, going back to that written testimony since
the staff report, we did receive a letter dated April 30th from Mrs. Diana Stacey
explaining her reasons for asking fhe Planning Commission recommend denial of the
project, but we did not receive the letter until after the May 15th hearing. So, the copy
of the letter was forwarded to the clerk and is part of the record. So, the outstanding
issues for City Council are the concerns expressed by Mrs. Stacey and also please note
that staff has not recommended a DA, because this has a Conditional Use Permit tied to
it, but I did want to remind you that you can avail yourself of that opportunity should you
desire to do so. That was all. I will answer any questions Mayor and Council may have.
De Weerd: Okay. Council, any questions?
Zaremba; Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I'm sure this was taken into consideration, but the addition being on the front
of the existing building, have we considered the setback required for -- oh, it's not on
Meridian Road. Never mind. Sorry.
Meridian City Council
June 17, 2008
Page 41 of 55
Canning: Yes.
Zaremba: Forget that.
De Weerd: That was an easy one, uh? Council, any other questions at this point?
Rountree: I have none.
De Weerd: Is the applicant here? Hi.
McCleary: Hi. Doug -- Doug McCleary, Chesapeake Construction. I'm the
representative of the applicant Elisha Ricky.
De Weerd: Okay. If you will state your address as well.
McCleary: 14469 Bighorn Drive. Madam Mayor and Councilmen, everything that is in
the -- in the planning report, we have already gone over it, the concerns that they have,
we haVe understood and complied with, so everything that is in that staff report will be
included in the building project. Anybody have any questions for me?
De Weerd: Okay. That's all you have to add? Council, any questions for the applicant?
Bird: I have none.
Rountree: None.
De Weerd: Okay. Seeing none, thank you.
Rountree: I have none.
De Weerd: Okay. I do have a number of people that. also signed up in favor of the
project. We have Hilda McGleary signed up for. If you'd like to testify, please, come
forward. And state your name and address.
H.McCleary: Can you hear me?
De Weerd: Yes.
H_McCieary: Okay. Hilda McCleary. The address is 14469 Bighorn Drive.
De Weerd: Thank you.
H.McCleary: Okay. So, I am for it. Actually, I thought it was very refreshing to have a
prayer at the beginning and I don't go to a lot of these, but it's nice to hear both sides, if
there is a second side, and I know it will be a nice facility and so I'm for it. ThaYs all I
have to say.
Meridian City Council
June 1'7, 2008
Page 42 of 55
De Weerd: Thank you very much. Dathan Cole signed up in favor. And if I
mispronounced -- pronounced your name, I apologize.
Cole: That's okay. Everybody does.
De Weerd: Okay.
Cole: Dathan Cole, 652 East Idaho Avenue.
De Weerd: But I said it right.
Cole: You did.
De Weerd: See, so now you can say not everyone does.
Cole: Not everyone does. You did wonderful.
De Weerd: There you go. Thank you for being here.
Cole: You're welcome. I'm for this whole project. It's -- just looking at the plans, I think
it's going to be a nice looking building. It's going to really add to the neighborhood. I
also like the fact of it -- my parents are getting a little long in their years. It's nice to think
that, you know, somebody with any kind of a disability can go into a neighborhood
setting, they are not in an institution someplace, you know, fhey still have a quality of life
about it. They are close to downtown. They can go for walks. They still have things to
do. They are still in the neighborhood environment. I think it's a good. Just, hopefully,
that there is enough of fhese when I get old enough fhat I can go out and go there. I
don't want to go someplace that's got pasty green wails and concrete and a11 that, so I
think it's a great idea. I think it's really going to add to the neighborhood. Thank you.
De Weerd: Thank you. Pasty green might be in style then. John Cole signed up in
favor of the project. That's all right. If they don't want to tesfify, I'm just reading into the
record the name. Okay. Neil Rowe signed up for. Okay. Mike Smith signed up for.
And Kafhy Gravitt signed up for. Okay. Those are the names that signed up on the
sign-up sheet. Is there any further testimony from the public on this application? Okay.
Council, do you have any questions?
Borton: Madam Mayor`?
De Weerd: Mr. Borton.
Borton: A quick question for Anna. Do the elevations that are shown are those after the
alternative compliance has been applied?
Meridian City Council
June 17, 2008
Page 43 of 55
Canning; No. These were the -- the beginning elevations and perhaps the applicant
can -- is -- you can just nod your head. Is this the east elevation~
McCleary: Yes. That's the east elevation on that side.
Canning: So, this is the elevation that they have requested the additional windows?
McCleary: The -- actually, the -- I'm sorry. It's the bottom one that is going to be facing
fhe street going east and what they have asked us to do is provide a three-by-three, but
I believe on the drawing that's -- that's spelled out as a 30-50. So, those windows will
be in compliance to fhe staff report, as well as they have asked us to provide some
stone accents on that -- on that front, which we have complied with as well. The
elevation that you see righf above it would be the west facing elevation. Or, I'm sorry,
the south faaing elevation.
Canning: So, Mr. McCleary, you're stating that the bottom elevation is the only street
facing elevation; 'correct?
McCleary: That is correct. ThaYs is correct.
Zaremba: Madam Mayor'?
De Weerd: Yes, Mr. Zaremba. Just so I understand, even though the notice says that
this is for a building that does not meet the criteria of the downtown Meridian design
guidelines, what you're suggesting would make it meet them?
Canning: No, sir. The downtown design guidelines would require fihat it be finro stories
and have 50 percent glazing along the front, among other things. But the design
guidelines are clearly written for retail store fronts in the historic core. We struggle with
anything that wants to go on outside the historic core, but that's why the new design
guidelines will address these much more appropriately. But for now they come through
the CU process.
Zaremba: Thank you.
De Weerd: Mr. McCleary, I guess the neighbor who seems to have a concern about
this, Mrs. Stacey, have you seen her letter?
McCleary: Yes, I have.
De Weerd: Okay. She has cited some -- some issues with the current residents and I
guess what is -- what is your long term goal for the assisted living aspect of it? Who are
your clients and how will you provide for the concerns of the neighbors?
McCleary: I think I might bring the applicant in, so she can explain her intention and her
long-terms goal for the facility.
Meridian City Council
June 17, 2008
Page 44 of 55
De Weerd: Okay. Thank you. I# you will state your name and address for the record.
Ricky: Elisha Ricky. 3668 South Heritage Avenue, Boise, Idaho. 83709.
De Weerd: Thank you.
Ricky: I am Trinity Assisted Living. Currently have an eight bed. You know that we are
going to go up to a 16 and my population that I am going to be gearing towards is
probably 50 to 55 and up. I always accept people wifh traumatic brain injuries,
developmentally -- developmental delays above that age as well. So, it's not just strictly
elderly, they are people wifh developmental delays as well and disabilities, so I don't
segregate those out. So, my long term is just to keep a very calm area where my
grandma and others will be able to come and stay and live and keep their independence
as long as they can and, hopefully, until they pass and not ever have to go into a
nursing home.
De Weerd: Okay. Are you -- are you also familiar with the letter of concern from fhe
neighbors?
Ricky: I think so.
De Weerd: Well, it talks about the young men who have been observed' there and
some of fhe kicking over of trash cans and --
Ricky: Okay. So, now I remember which one you're talking about. I have -- I am
completely unaware of anyfhing. Nothing was every brought to our attention. There
was nothing ever called into the police department. If I saw somebody doing that I
would probably call the police and let them know, but I have not been aware of that.
And the majority of my neighbors know that I have an open door policy and they have
always felt very comfortable walking up and talking to my staff anytime that there is any
issues. We have no problem, as long as we are not divulging into personal records and
confidentiality, HIPAA laws, we will -- we have no problems with letting people know
what's going on. But as far as I am aware, it was never brought to my attention that it
was any of my clients and I have seen and heard that because people realize that we
are an assisted living facility, unfortunately, even though we are, you know, right down
from many ofher areas up the street, we kind of --
De Weerd: You're the scapegoat.
Ricky: We kind of get the catch-all what people don't want to see on the street, so -- but
like I said, nobody has every had a problem coming to me and saying, you know, if I
saw anyfhing I'd sure come and let you know or to even ask and we would be happy to
have -- solve the problem.
De Weerd: What is your supervision ratios or staff to patients?
Meridian City Council
June 17, 2008
Page 45 of 55
Ricky: Well, the laws in Idaho are not specific to number of patients supervising
personnel, it is more to the need of fhe client, and I have high functioning clients right
now with some that need, you know, obviously, 24 hour. So, right now I have staffed it
actually a little bit higher than necessary just simply so that as we going through this
process we can see the impact of the additional staff that we are going to have on,
which would be two sta .ff 24 -- and I have got that and I have had that for eight months
now and there hasn't been any large increase in traffic or any issues that I am aware of
at all with the neighbors.
De Weerd: So, one per four?
Ricky: Well, it's not, though. It's not necessarily that. It is the needs of the clients. So,
if I had clients that need like two person transfers, I always have to have two people on
staff, but I will have two people on staff per eight and, then, it will accommodate the 16
as well.
De Weerd: So, two people per eight residents?
Ricky: And, then, it will most likely go to the two person per -- per eight hour shift for the
16 as well, unless there is somebody that is higher functioning -- or less functioning, I
apologize. But I am -- I am very selective at who I welcome into the facility. I make
sure that they are going to meld well, that they don't have more needs than what I can
supply as an employer. So, right now I have two, but until I actually have the other eight
residents admitted, I don't plan on going over that. I plan on admitting people that are
capable to be cared for for those two --
De Weerd: So, two people at each shift?
Ricky: Correct.
De Weerd: Okay.
Ricky: Yes. Yes. There is three shifts and two people per shift.
Bird: Madam Mayor'?
De Weerd: Yes, Mr. Bird.
Bird: Are they LPNs, RNs, or what?
Ricky: Right now I currently have care givers and they are certified for -- and delegated
for medication assistance, CPR, first-aid certified.
Bird: They can give -- they can give --
Meridian Ciry Council
June 17, 2008
Page 46 of 55
De Weerd: CNA.
Bird: They can give -- CNA?
Ricky: Absolutely they can. They can provide medication and all of those first-aid
needs. We have an RN who is on call 24 hours a day, who lives a mile away from it
and does visit the facility. Thank you.
De Weerd: Okay. Thank you. Council, anything furfher? I didn't think he had too much
to say. Okay. Council, any further questions?
Bird: I have none, Mayor.
De Weerd: No further questions? What would you like to do? And I don't feel the
applicant has any closing remarks. Wow, you surprised me. I'm glad I asked.
McCleary: I can make a closing remark. I do feel like --
De Weerd: If you will just state your name again for the record.
McCleary: Doug McCleary.
De Weerd: Thank you, Doug.
McCieary: 14469 B'ighorn Drive. Madam Mayor and Members of the Council, I do
believe this is a great opportunity for the city to administer this facility, because it is a
much needed facility in fhe area and I do think that it would provide that service that is
also much needed. In addition, the improvement on the building itself, I believe, would
help beautify the street. and, hopefully, set a standard for that -- for the downtown
corridor through that area.
De Weerd: Thank you. Okay. Council?
Borton: Madam Mayor'?
De Weerd: Mr. Borton.
Borton: If there is no other comment, I'd move we close the Public Hearing on Items 11,
RZ 08-001 and Item 12, CUP 08-005.
Bird: Second.
Zaremba: Second.
Rountree: Okay. I have a motion and a second to close the public hearings on Items
11 and 12. All those in favor say aye. All ayes. Motion carries.
Meridian City Council
June 17, 2008
Page 47 of 55
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 11 on the rezone.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If there is no discussion, I would move that we approve Item 11, RC 08-001.
Bird: Second.
Zaremba: Second.
De Weerd: I have a motion second to approve Item 11. If there is no discussion, roll-
call attendance -- I mean roll-call vote. Just wanted to make sure you're still all here.
All ayes. Thank you.
Roil-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRfED: ALL AYES.
Zaremba: And just for the record, I was never all here.
De Weerd: Apparently I'm not either. Okay. Item 12.
Borton: Madam Mayor?
` De Weerd: Mr. Borton.
Borton: I would move that we approve Item 12, CUP 08-005, to include staff and
, applicant comments, including fhe alternative compliance for the design guidelines.
Zaremba: Second.
De Weerd: Okay. Okay. I have a motion and a second on Item 12 to approve. Is there
any discussion? Seeing none, Madam Clerk.
' Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 13: Public Hearing: MI 08-004 Request for a Miscellaneous application for
Modification of the Development Agreement for porado Subdivision by
Meridian City Council
Jume 17, 2008
Page 48 of 55
the City of Meridian - Northwest Corner of South Eagle Road and East
Overland Road
De Weerd: Okay. Item 13 is a Public Hearing on MI 08-004. It has been requested to
continue. I will, however, open the Public Hearing and ask for a motion to continue to
July 22nd.
Rountree: Madam Mayor?
De Weerd:: Mr. Rountree.
Rountree: I move that we confinue Item 13 until July 22nd, 2008.
Zaremba: Second.
De Weerd: I have a motion and a second to continue this Public Hearing on Item 13 to
July 22nd. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 14: Public Hearing: TE 08-003 Request for approval of an 18 month Time
Extension to obtain the City Engineer's signature on the Final Plat for
Kelly Creek Commercial (the 8th phase of Fulfer Subdivision) and
commence the use approved with the conditional use permit in
accordance with the conditions of approval of AZ 03-013, PP 03-014, CUP
03-028 & TE 06-025 by Blackhawk/Meridian, LLC - Northwest Corner of
Linder Road and McMillan Road:
De Weerd: Item 14 is'a Public Hearing on TE 08-003. I will ask -- or I will open the
Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, .this is Kelly Creek Commercial
property. It's located at the northwest corner of Linder and McMillan Road. The
application before you tonight is a time extension. They have already exhausted their
director approved time extension and are now requesting one from Council. But
Council did ask me to make a presentation on time extensions. That was scheduled for
July 8th. It will now be the 15th. So, this one made it onto an agenda before I asked
staff to hold the time extensions until after we have the workshop discussion on it, but I
went over the time extension with fhe planner and i feel that it's -- that there really isn't
much to talk about tonight, so we just decided to proceed forward. And on that line,
what you have before you is an approve final plat. I#'s a four lot final plat. The property
is already zoned. It was zoned C-G, but there is a DA that requires conditional use
approval for a concept plan prior to any development on the site. So, there is already
an opportunity for the city to have additional comments at the time of development. So,
we do not have elevations for you tonight. There was no written testimony since the
Mericiian City Council
June 17, 2008
Page 49 of 55
staff report. And to our knowledge there is no outstanding issues. And with that I'll
answer any questions Council and Mayor may have.
De Weerd: Thank you. Council, any questions?
Rountree: Madam Mayor'?
De Weerd: Yes.
Rountree: Question for Anna. If -- if we act favorably on this particular application, we
can modify to have the CU and fhe elevations that would be presented with the CU
consistent with the design guidelines, hopefully, that will be in place before 18 months.
Canning: Madam Mayor, Members of the Council, it would be an opportunity to -- the --
this -- this was a former planned development. So, the CUs that were required for the
former pianned development, were largely for elevations -- to review fihe elevations and
the site layout. It's a fairly limited site. They have the easements pretty much dictate
what the concept plan is going to be. But it would be an opportunity for the Planning
Commission to review fhe elevations and discuss any impact to fhe adjoining properties.
I would anticipate that the design guidelines will be in place and will just be applicable
by zone at that fime. Hopefully they will be in place by then. So, those design
guidelines would be in place. Otherwise, it's just the Planning Commission would have
an opportunity to look at the -- the buildings and --
Rountree: Thank you.
De Weerd: Okay. Any other questions for staff?
Zaremba: Madam Mayor'?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Your mention of a planned development makes me wonder is this one of
those where this is a use exception and the zoning doesn't match the use?
Canning: Mayor, Councilmember Zaremba, yes, it's a use exception. No, it has the
correct zoning. It is already zoned C-G. If -- Councilmember Rountree, if you're
concerned with the applicability of design guidelines, you could add a condition to the
final plat tonight that makes the building subject to our existing design guidelines and
any -- any future changes to those.
De Weerd: Okay. Is the applicant here this evening?
Martins: Thank you. My name is Gerald Martins. I'm here this evening representing
Black Hawk, the owner and developer of this property.
Meridian City Council
June 17, 2008
Page 50 of 55
De Weerd: If you will, please, state your address.
Martins: My address is 624 North College, Twin Falls, Idaho.
De Weerd: Thank you.
Martins: And we are the engineer for the project and prepared the plat. This particular
piece of property has basically stood still in time for the last two years. One year of
waiting for the Linder-McMillan intersection project and another year watching this
develop and being an equipment yard --
De Weerd: I know it's looked very active, actually.
Martins: Yeah. We have been very active out there. We have had a lot of activity
taking place on the property and your staff's very accurate in the fact that there is very
little flexibility to the site as part of the two streets, Linder and McMillan being
reconstructed. We also had to commit to our utility locations and our driveway locations
and so that's fihe purpose to align with the easements and so there is very little flexibility
of what we do from the site standpoint relative to the elevations. We would concur with
a condition that makes it -- the new guidelines applicable that are in place at the time we
bring a project forth on this project. We intend for it to be a high quality project that is
complimentary to the area. Thank you.
De Weerd: Thank you. Council, any questions for the applicant?
Rountree: I have none.
Bird: I have none.
De Weerd: This is a Public Hearing. Is fhere anyone who would like to provide
testimony on this application? Okay. Council, seeing no further comment, do you have
any questions or would you like to close the Public Hearing?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close the Public Hearing for Item 14.
Borton: Second.
De Weerd: I have a motion and a second to close Item 14. All those in favor say aye.
All ayes.
MOTION CARRIED: ALL AYES.
Meridian City Council
June 17, 2008
Page 51 of 55
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the requested eight month time extension for Item
14, TE 08-003, Kelly Creek Commercial, with an additional stipulation that the approval
include the future elevations would be consistent with current and/or future design
criteria established by the city.
Borton: Second.
De Weerd: Okay. I have a motion a second. Discussion?
Borton: Madam Mayor`?
De Weerd: Mr. Borton.
Borton: It would be the criteria that exists at the time the final plat comes in?
Rountree: Yes.
Borton: Okay.
Canning: Madam Mayor'?
De Weerd: Yes.
Canning: For clarification on the existing criteria, that would be for structures aiong an
entryway corridor?
Rountree: Correct.
De Weerd: Okay. Any further discussion? Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTfON CARRI'ED: ALL AYES.
Item 15: Public Hearing: Covered Load Ordinance: Continue Public Hearing
to June 24, 2008
De Weerd: Item 15 is a Public Hearing on our covered load ordinance. Mr. Nary.
Nary: Madam Mayor, Members of the Council, you're probably familiar with the covered
load ordinance. We have talked about it plenty. This was fihe night set for the first
Meridian City Council
June 17, 2008
Page 52 of 55
reading of the covered load and if anyone had any comments, this is their opportunity to
provide you with their feelings.
De Weerd: Okay. I would -- I would ask just for the Public Hearing, if we can read the
ordinance by title. Just to throw you off.
Item 16: Ordinance No.
Readings):
08-1369
Covered Load Ordinance (1St of 3
Holman: City of Meridian Ordinance No. 08-1369, an ordinance of the City of Meridian
adding a new section, Section 13, to Title 7, Chapter 1, Meridian City Code, prohibiting
uncovered loads and providing an effective date.
De Weerd: Okay. Thank you. I do have two people that have signed up. Curtis Lee
has signed up against.
Lee: Gurtis Lee. 365 Waltman Lane. This is off fhe record, but I really respect what
you guys do. Man, it's hard. Anyway --
De Weerd: Nofhing's off the record in a Public Hearing.
Lee: Oh, I'm sorry. I'm for and against this law. It's too vague right now. I think it
should read covered or tied down. If I'm hauling some hay I don't know why I'd have to
cover my five or six bales of hay, why I just can't tie it down. If I have just got a couch in
the back of my pickup, why I can't just fie it down. I agree that rock chips in windows
and flying debris is totally wrong, but I think this is too vague. Any uncove~ed load. If's
going to keep fhe cops too busy pulling people over -- of course that's revenue, I guess,
for you. But it's just going to keep them -- 50 bucks a ticket real quick. But it's just too --
we have got so many laws right and I think the law's just too vague. I think -- if you
have got hay or one big piece of furniture in your back, why should you have to cover it?
I think tying it down secure is good. Gravel and wood and that kind of stuff, yes, it
should be covered. But I think -- that's my opinion. Thanks.
De Weerd: Okay. Thank you. Okay. Roger Furner is signed up for.
Furner: Roger Furner. 4078 West Teter Street in Meridian.
De Weerd: Thank you.
Furner: I have had experience following loads of gravel, bark, tree branches, all kinds
of stuff and they do fly out of the trucks and trailers: So far I have not lost any
windshields, but I have had probably on my current cars dozens of little paint chips, you
know, on the front and the hood. So, I think it's -- the concept is certainly something to
be encouraged. I think it should go through. Listening to this gentleman here, I can
sympafhize with him with carrying hay, but sometimes, you know, the hay comes flying
off all over fhe place, litters the streets, what have you. Certainly when you're carrying
Meridian City Council
June ?7, 2008
Page 53 of 55
hard waste and so forth, that can come off and cause problems in the streets. And so
basically I'm for it. Thank you. -
De Weerd: Thank you. Okay. This is a Public Hearing. Is there any further testimony
on this item?
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Madam Mayor, Members of the Council, if I could maybe at least comment on
one of the statements made. I think the way the ordinance is crafted, if you were
carrying furniture that was still together, not parts of furniture, but sfill constructed
together, our ordinance doesn't require it be covered. It does require it be tied down,
because it does say that it can't become lose from the vehicle, nor can parts of it come
off of it. So, I don't believe there is an issue with furniture. Hay, I agree with the second
gentleman, that it's awfully difficult for us to define the difference between hay and grass
clippings in an ordinance. It may be a matter of interpretation based on the individual
facts. If you have baled hay, that's agriculture -- and not really losing anything, the
agriculture exemption I think would be fine to cover that. If you have loose hay in the
back of a pickup truck or on a flafbed .where it's all flying off like grass clippings would
be and leaves and things like that, I think ihat may be a problem. But I don't think it's -- I
don't think there is a vague problem with this ordinance, so --
~ De Weerd: I appreciate the comments. You know, I was driving down Franklin and --
between Eagle Road- and Meridian Road and a car slowed in front of ine and I
wondered why it was slowing until I saw the cause. Someone was carrying furniture in
the back of his firuck and one of the stools for his dinette set came out of the cord and
was in pieces in the road and he was in the middle of the road trying to retrieve it. It
; was frightening. I mean it was a real danger, not just the piece of furniture, the guy, and
, it was -- it was really kind of telling that you would risk yourself for a wood chair. But
those -- those are the kind of things that we see on numerous occasions and I'm sure
our police department has more cases that they could site than I certainly can. It was
certainly a timely observation in light what we are trying to do. Really, what we are
trying to do is public safety. It's personal safety and there is an air quality element to it.
~ Certainly on the road maintenance, the less debris fhat is on the road, the less often the
~ street cleaner is needed to be out sweeping all this stuff up. And it's -- it is easier on the
wear and tear. So, it's a good ordinance and we are going to put it in place and see if
~ there is vagaries in it or if there are some things that need to be changed. But
appreciate that valley-wide there is the will to do the right thing and see how we can
make our streets a little bit safer and -- and that's the intent of this ordinance. Okay.
Council, this concludes our Public Hearing. This is the first of three readings, unless
you would like to suspend them. What would be your pleasure?
Bird: Madam Mayor?
Meridian City Council
June 17, 2008
Page 54 of 55
De Weerd: Mr. Bird.
Bird: This is one ordinance that I-- while I generally like to waive fihe three readings, I
think that this is something that let's go through with the three readings and get it done.
It's something really important and we need to let the public at least have their two
more.
De Weerd: Okay. Well, this will be on our agenda, then, on June 24th and the third
reading will be on July 1 st, my birthday.
Bird: You will be 29 and holding, uh?
De Weerd: Twenty-nine and holding. No, I don't mind my age.
Bird: I wouldn't either if I was your age.
Rountree: It was a good one. Madam Mayor, just a procedural question. The Public
Hearing is open and, then, we have an item on the first reading of the ordinance, do we
close the Public Hearing and, then, have the second reading, or do we keep the Public
Hearing open and --
Nary: Madam Mayor, Members of the Council, I would suggest you leave the Public
Hearing open, in case -- there was a newspaper article today, it might generate some
more interest and certainly any other information would be helpful.
Bird: Madam Mayor'?
De Weerd: Mr. Bird.
Bird: I move that we continue fihe Public Hearing on proposed ordinance number 08-
1369 to June 24th for the second reading and July 1 st for the third and final reading.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to continue this Public Hearing for the
next two readings June 24th and July 1st. All fhose in favor say aye. All ayes. Motion
carries.
MOTION CARRfED: ALL AYES.
Item 17: Ordinance No. 08-1370 Parks & Recreation Commission
Meetinq Time Chanqe Ordinance:
De Weerd: Okay. That takes us to Item 17, which is ordinance number 08-1370. I will
ask fhe City Clerk to, please, read fhis ordinance by tifle only.
Meridian City Council
June 17, 2008
Page 55 of 55
Holman: City of Meridian Ordinance No. 08-1370, an ordinance of the City of Meridian
amending Title 2, Chapter 2, of Meridian City Code relating to the regular meeting time
of the Meridian Parks and Recreation Commission, providing for a waiver of the reading
rules and providing an effective date.
De Weerd: Okay. You have heard this read by -- this ordinance read by title only. Is
there anyone who would like to hear it read in its entirety? No? Okay. Okay. Council?
Bird: Madam Mayor'?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 08-1370 with suspension of rules.
Rountree: Second.
De Weerd: Okay. I have a motion and a second. If there is no discussion, Madam
Clerk, will you call roll. ~
Roll-Call; B'ird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: We are at the end of our agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Move we adjourn.
Bird: Second.
De Weerd: All in favor say aye.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:50 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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MAYOR TAM De WEERD
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