HomeMy WebLinkAbout2008 01-06Meridian City Council Meeting January 6, 2009
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday,
January 6, 2009, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and David
Zaremba.
Members Absent: Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Anna Canning, Pete Friedman, Bill Johnson,
Scott Coliainna, Steve Siddoway, Sonya Wafters, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I'll go ahead and start tonight's meeting. I'd like to begin by welcoming all of
you that are here to join us on this -- I don't know if it's icy out there. I haven't been out
of my office for -- since lunch, but you we appreciate that you joined us tonight. We will
start tonight's meeting with a roll attendance. For the record, it is Tuesday, January 6.
It's five minutes after 7:00.
Item 2: Pledge of Allegiance:
De Weerd: Thank you. Item 2 is our Pledge of Allegiance and tonight we are very
honored to have Troop 80 here from west Boise. Their scoutmaster is Mike Sant and
Andrew Goodell, who is the senior patrol leader, will come forward and lead us in the
Pledge of Allegiance. If you will all rise.
(Pledge of Allegiance recited.)
De Weerd: Thank you, Andrew. I hope that you get extra credit for that on your
citizenship badge. And also communication, because you led us. So, you should get
extra stars or whatever you get. So, thank you.
Item 3: Community Invocation by Steve Moore with Ten Mile Christian
Church:
De Weerd: Item No. 3 is our community invocation. Tonight we will be lead by Pastor
Steve Moore. He is with the Ten Mile Christian Church. If you will all join us in the
community invocation or take this opportunity for a moment of reflection. Pastor.
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January 6, 2009
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Moore: Our Father, God in Heaven, we are grateful that you are present in our world to
direct us and tonight I pray for wisdom for this Council and our Mayor in the decisions
they make that will impact lives in our community. We thank you for what they give on a
regular basis as servants. I pray for their wisdom and direction in these times and
economic challenges and other fall out that we are all thinking about these days. It's
good to know that you are -- you are present, as I say, to lead in these times. I praise
you, God, for the actions of this Council in the past, that they have made a priority of the
youth of our community and the quality of our life, and they have a proven record in that
regard. Bless their lives for those decisions and those priorities. I pray for your
protection for the servants in this community, our police force and our fire departments
in particular as they put their lives on the line. I pray that you would bless them and
their families for such decisions of career. God, protect us from drug pushers and that
element in our community. I'm grateful, again, that this is a priority of these in our
community to make this a safer and a better place to live. I pray that you would help us,
as individuals, and direct us to use our lives in the stewardship that you give to us as
citizens and as human beings. In the name of Jesus I pray, amen.
De Weerd: Thank you, Pastor Moore. Happy New Year.
Moore: Thank you.
Item 4: Adoption of the Agenda:
De Weerd: Item No. 4 is the adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the agenda, under the Consent Agenda, Item 6-I, there has been a
request to have some discussion on that, so we will remove it from the Consent Agenda
and make it Item 8-I. Item F, the resolution number is 09-642. That's on the Consent
Agenda. On the regular agenda, Item 10, the resolution number is 09-643. And Item
21, the ordinance number is 09-1393. And with that I move that we adopt the agenda
as amended.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second. All those in favor say aye. All ayes.
Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Proclamation for Crime Stoppers Month:
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January 6, 2009
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De Weerd: Item No. 5 we have a proclamation for Crime Stoppers month and I will
maybe join Jan down here at the podium. Technology is so cool. We are privileged to
have the leader of Crime Stoppers with us tonight. They have been very active in our
community. Certainly assisting our law enforcement, but they have also been very
active in our anti-drug coalition, which has been greatly appreciated. Let me read this
proclamation. Whereas the vitality of our community depends on the safety of our
homes, neighborhoods, schools, and work places. And whereas crime prevention must
be a collaborative effort between law enforcement and the community and include the
security, safety, and self protection. And whereas Crime Stoppers benefits the citizens
and business community in and around Meridian by partnering with the city and
surrounding law enforcement agencies. And whereas the effort of Crime Stoppers
deserves our praise, commendations -- I almost said condemnation -- and support .
And whereas this nonprofit volunteer based organization has been responsible for the
solving of 1,243 unsolved crimes in the Treasure Valley and 3,122,733 dollars of
recovered property since its inception in 1981. Therefore, I, Tammy De Weerd, Mayor
of the City of Meridian, do hereby proclaim that January 2009 is Crime Stopper's month
in the City of Meridian and encourage all citizens to be aware of the integral part Crime
Stoppers here is making in Meridian a safer, stronger, and caring community. We
appreciate your involvement and the impact -- .the positive impact you have in our
community: Thank you. Would you like to say anything?
Van Houten: Appreciate everyone's support and the program continues to grow and we
work with everybody as much as we possibly can. We have many many rewards
coming up and that is because of the citizens taking an active part in the community. It
helps us do our job as well. Thank you.
De Weerd: I would say that Crime Stoppers has really worked to interact with our youth
as well. They have programs in our high schools to encourage the reporting of crime
and with that anonymous safety factor, it's been very successful. So, we appreciate all
you do and thank you for being here tonight.
Van Houten: Thank you. We have some exciting things coming in '09.
De Weerd: Good deal.
Van Houten: Thank you.
Item 6: Consent Agenda:
A. Approve Minutes of November 25, 2008 City Council Meeting:
B. Approve Minutes of. December 2, 2008 City Council Meeting:
C. Approve Minutes of December 16, 2008 City Council Special
Workshop Meeting:
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January 6, 2009
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D. Approve Minutes of December 23, 2008 City Council Special
Meeting:
E. Professional Services Agreement with Bethany Gadzinski for
Drug Free Communities Evaluation Services:
F. Resolution No. Room Reservation
Policy.
G. Approve Pawnbroker License Renewal for Meridian Coin Sz
Pawn located at 1550 North Main Street:
H. Approval of Bid for Water and Sewer Improvements in
Conjunction with ACHD Ustick / Linder Intersection for
$11,032.00:
J. Award of Bid and Contract for FY 2009 Sewer Manhole
Retrofits Bid Results and Award for a Not to Exceed Amount of
$50,935.00:
K. Task Order No. 0795 with Pharmer Engineering, Inc. for
Wastewater Capacity Situational Analysis for $10,000.00:
L. Task Order No. 8 with CH2M HILL for Sidestream Nitrogen
Removal Study for $48,000.00:
M. Chance Order No. 1 with The Ewing Company for Biosolids
Improvement Project for $233,081.98:
N. Award of Bid and Contract for 8t" Street Park Pedestrian
Pathway and Box Culvert with H2 Excavation for $64,166.92:
De Weerd: Thank you. Okay. Council, No. 6 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As previously noted, Item F, the resolution number is 09-642. And Item I has
been removed from the Consent Agenda. With that I move that we approve the
Consent Agenda as amended and for the Mayor to sign and the Clerk to attest.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
amended. If there is no discussion, Madam Clerk, will you call roll.
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January 6, 2009
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Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 7: Department Reports:
A. Planning Department:
1. Update on ACRD Five Year Work Plan:
De Weerd: Okay. Item 7, under Department Reports, we have our Planning
Department. I will tum this over to Caleb.
Hood: Thank you, Madam Mayor, Members of the Council. I'll try to be brief. The -- the
report that I want to give you is actually associated with an item in your packet you
should have received from myself, dated December 30th. When this item was put as a
department report last week, I was hoping to get some guidance from the Council on
comments back to ACHD staff and their Draft A of their five year work plan. It has since
come to my attention that they were in need of those comments ASAP, because they
are working on Draft B. So, I have taken it upon myself to already send them our initial
comments on Draft A., Which is, essentially, the ones that are listed in this memo.
Some of them we have talked about before. These are the ones that staff has identified
as projects that are of high priority and should be moved up or at least kept on schedule
in the five year plan and in one instance one that we didn't have as a priority. So, that
one, at least at the staff level, and I think we got some bye in from the Council last
month to move a project out of the five year and allocate some of those funds that
would be spent towards that on other projects that are of a priority. So, the memo calls
out three projects, Eagle, Victory to Ridenbaugh, as moving up. We are and I am in
contact with ACHD staff on using potentially some of their anticipated vehicle
registration fees towards the accelerated construction of that project and I will continue
to work on them about doing that. Ten Mile, Cherry to Ustick, of course, with the
interchange hopefully coming very soon that's a very important component of that entire
area, as once the interchange comes in the associated arterials also need to be in
place. So, working to make sure that that stays on schedule, too. That leg is a
separate project. What's staying on tract -- and this is also in the memo -- is Ten Mile
from the Interstate to Cherry is currently on track. So, they are still -- have committed to
having that open by the time the interchange -- the one that's in the memo is that next
mile leg, then, further to the north, Cherry to Ustick. So, that one is slipping somewhat
in Draft A. The other one that we thought was important to move up in priority is split
comdor phase two. They, in Draft A, do not have any funds allocated to any aspect of
that roadway project and that was the city's number three roadway priority. So, it's up
there in the top couple of our roadway priorities. So, we -are working with them to
allocate and that may come from some of the monies from Ten Mile -Amity, which is
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January 6, 2009
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the fourth item mentioned specifically in the memo, taking some of those funds to spend
on phase two of the downtown split corridor. I also bring these up and kind just a plug
for next Monday's joint meeting with ACHD will have an agenda item on there that is the
five year work plan. I don't think their staff is ready to go and, in fact, I haven't seen
Draft B, it's still in a working format, but I know there is some form of a draft of B, but
they haven't released that yet. But these are some of the items that we believe would
do the city well to bring up at that joint meeting and we will have their staff there as well
and if they can get some of that direction from their commission and our Council on
realizing some of our higher priority projects, again, I think that would be of benefit to
the citizens of Meridian. So, I -- I won't read the memo. I think I have highlighted the
four items that I thought were -- that stood out the most. I guess the other thing that I
would call your attention to is on the last sheet. It's kind of just a cheat sheet, basically,
of where each project is at and I think that is very helpful. It takes, basically, a 60 or 70
page five year work plan and condenses into one page cheat sheet that is Meridian
related. So, it certainly doesn't have all the information that the five year plan does, but
it quickly lets you know where a project is, what the cost is, and timelines for
construction. So, again, that's kind of my report and unless you have any questions,
that's just what I wanted to report back to you. Oh. Sorry. One more thing. I will most
likely be coming back to you, depending on what comes out of Draft B for some further
guidance on any comments back on Draft B., So maybe even to step back for a minute.
You have got Draft A of the five year, Draft B of the five year, and, then, they adopt the
five year, which the way I understand it is, essentially, going to be Draft B with some
minor tweaks. So, if in Draft B it doesn't do everything we need it to do, there may be a
last minute tweak we are asking for at that time. So, I may, on the 20th at your
workshop, I think that timing is going to be right in that window of final tweaks to that
Draft B. So, I will report back. And, hopefully, it won't take too much time and,
hopefully, they have taken our comments already and have incorporated them, but
there is some time still to work with them on prioritization. So, with that I will stand for
any questions.
De Weerd: Thank you, Caleb. Council, any questions? None? We appreciate your
memo and keeping us abreast as to what's going on with our five year transportation
projects. The projects that we have on there are very critical to our community, so we
appreciate you being our watch dog on this and bull dog in some cases. So, thank you.
Item 8: Items Moved from Consent Agenda:
I. Development Agreement: AZ 08-004 Request for Annexation
and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-8
(192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac,
LLC -east of North McDermott Road, west of North Black Cat
Road, south of Chinden Boulevard & north of Ustick Road including
the southeast and northeast comers of West McMillan Road and
North McDermott; and near the southwest comer of West McMillan
Road and North Black Cat Road:
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De Weerd: Okay. Council, there were no items moved from the Consent Agenda, so
we have --
Zaremba: Madam Mayor, Item I.
De Weerd: I thought you removed it. You moved it. Okay. Item I, we will -- who is
doing that? No one told me about this one, so --
Nary: Madam Mayor, Members of the Council, this one came up just late this evening
and I was able to just tell Council Member Zaremba before we started. This is the
Oakcreek development agreement. I did have a conversation with their counsel prior to
the meeting tonight. She had just gotten back to the office, had seen the last draft that
we had forward to them. There is an Attachment D that is drawing of some roadways
within the development and what the Attachment Dwas -- their concern was is the
Attachment D was one of a number drawings that were presented to the Council in the
concept of what Oakcreek would eventually build out to be. I -- Deb Nelson, the
counsel for the Oakcreek developer, was concerned that the Council may be under the
impression that that is a fixed drawing and those streets may or may not move. I spoke
with Mrs. Canning, the planning director, about that concern and she said what she
anticipated was that if those streets were moved slightly, obviously, it's not a significant
issue to the city. Sometimes if they move greatly it may change the zoning, because
the zoning parcels are defined partly by that map. If that's the case, we have had other
projects, like the Tree Farm, where they have had to come in and get a rezone,
because they have split a parcel by moving a road one way or another and Mrs. Nelson
was not concerned about that, she just wanted to make sure the Council is aware at
approval -- they could go forward, but, obviously, there is some flexibility to those
roadways and she just wanted to make sure we put that on the record for the Council
before they approved it. They had no concern about pulling it off or bringing a different
map or anything, she just wanted you folks to be aware of that concern that she hadn't
had a chance to look at before today. So, I told her I would ask to pull it off for that
purpose and I just simply make you aware of that. It is ready to go forward. It can be
approved as it's presented to you. And the ordinance for the annexation of Oakcreek is
later on your agenda.
De Weerd: Okay. Thank you. Counsel, any questions? Okay. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 08-004, annexation and zoning of 318.74 acres known as
Oakcreek by Norpac, LLC.
Zaremba: Second.
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January 6, 2009
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De Weerd: Okay. I have a motion and a second. Any discussion? Seeing none,
Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9: Public Hearing: Gallery Maintenance Fee:
Item 10: Resolution No. :Gallery Maintenance Fee:
De Weerd: Okay. Item 9 is a public hearing on the gallery maintenance fee. Mr. Nary,
are you doing this one?
Nary: Madam Mayor, I can. What this is is this is a fee that was recommended by the
Arts Commission to the city. This is -- this is -- although it's called the gallery
maintenance fee, because that's where the money is intended to support, the Initial
Point Gallery that's locate in this building, it is part of the application for a call for artists.
So, when an artist were to apply for this for being able to be shown at one of the art
shows in the gallery, this is part of the fee that would be a cost for them to apply to
participate in those shows. The maintenance fee was comprised -- was helped -- was
formulated by the Finance Department in trying to capture some of the costs of both the
floor space, the lighting, the materials that are used in that gallery for both security, as
well as for maintenance of that, and that's where that fee came from. So, it was a
recommendation by the Arts Commission to the Council and that's why we have it
noticed up for a public hearing here tonight. If you have any other questions, I hope I
can answer them.
De Weerd: Council, any questions for Bill at this point? Okay. This is a public hearing.
Is there anyone who would like to provide testimony on this item? Okay. I do know that
the Arts Commission is ready to put a call out to artists and so the next item would be to
take action on a resolution. Is there any questions at this point? Okay. I would
entertain a motion to close the public hearing.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we close the public hearing on the gallery maintenance fee.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to close the public hearing on Item 9.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
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January 6, 2009
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De Weerd: Item 10 is Resolution No. 09-643 for the gallery maintenance fee.
Hoaglun: Madam Mayor?
De Weerd: Yes, Mr. Hoaglun.
Hoaglun: I move that we adopt Resolution No. 09-643 for gallery maintenance fee and
that the Mayor be authorized to sign and the Clerk to attest.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Roll call, please.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carves.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 11: FP 08-019 Request for Final Plat approval for 5 commercial building lots
and 5 common area lots on 6.35 acres in a C-C zoning district for Three
Corners Subdivision No. 2 by David J. and Luane I. Dean - 6380 North
Locust Grove Road:
De Weerd: Okay. We do have Item 12 -- or Item 11 is FP 08-019, the final plat
approval, and I will turn this over to Pete.
Friedman: Thank you, Madam Mayor, Council Members. This request for final plat
approval will be presented by Mrs. Wafters.
Wafters: Thank you, Madam Mayor, Members of the Council. The application before
you is a final plat for five commercial building lots and five common lots on 6.35 acres of
land in a C-C zoning district. It's the second phase for Three Comers Subdivision. The
property is located at 6380 North Locust Grove Road, on the southeast comer of
Chinden and Locust Grove. Staff has reviewed the final plat and deems it to
substantially comply with the approved preliminary plat. The applicant has submitted a
response in agreement with the staff report, but clarifying condition number nine, which
requires Lot 1, Block 3, and Lot 1, Block 4, to be revised to reflect a nine foot wide
landscape area measured inside curbs. The applicant states that the construction plans
comply with this requirement. However, the plat does not, because half a foot of the
landscaping on each side of the median will be located within the right of way with a
license agreement, which will allow the property pins to be set, rather than drilled into
the curb. Staff recommends approval of the final plat per the conditions in the staff
report. In addition, staff recommends the second sentence in condition number nine be
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January 6, 2009
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deleted and that the plat not be required to be revised as requested by the applicant.
Staff will stand for any questions the Council may have at this time.
De Weerd: Thank you. Council, any questions? Okay. Thank you. Do I have a
motion from Council?
Zaremba: Do we need public testimony?
De Weerd: No.
Bird: This isn't a public hearing.
De Weerd: This is a final plat.
Zaremba: Oh, I'm song. In that case, Madam Mayor?
De Weerd: Yes.
Zaremba: I move we approve FP 08-019 to include staff comments, specifically
deleting the second sentence -- I'm sorry. The second sentence of condition nine
should be changed to read -- I'm sorry, it is deleted.
De Weerd: Okay. Do I have a second?
Bird: Second.
De Weerd: Okay. I think we all understand that motion. Any discussion? Okay.
Hearing none, Madam Clerk.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 12: Public Hearing: RZ 08-007 Request for Rezone of 5.91 acres from R-8
to R-15 zone for Windham Place by Eagle Spring Investments, LLC -
east side of North Meridian Road, approximately %2 mile of East Ustick
Road:
Item 13: MFP 08-007: Request for Final Plat Modification to modify note #4 by
removing the zero- lot line and modifying note #10 by removing the
requirement for attached houses from the recorded plat for Windham
Place by Eagle Spring Investments, LLC -east side of North Meridian
Road, approximately'h mile of East Ustick Road:
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January 6, 2009
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De Weerd: I will open the public hearing on Items 12 and 13 for RZ 08-007 and MSP
08-007. I will open this public hearing with staff comments.
Friedman: Thank you, Madam Mayor, Members of the Council. This is an application
for a rezone and final plat modification for an approved plat known as Windham Place.
It's located on the east side of Meridian Road, approximately one half mile south of
Ustick Road. And just as a little bit of history, this plat was approved with 23 lots. The
intent was to have 22 attached single family dwelling units and one detached dwelling
unit. That plat was approved in March 2006. Since that time the developer has found
that with shifts in the market and so forth, that it was more advantageous to revise the
plans to develop single family detached houses and, thus, the request for the rezone.
The current rezoning of R-8 doesn't allow them to get the size house on the size lot that
they need. So, in essence, the density on the project will remain the same. There is no
increase on the number of lots. It's just the lot width would be reduced to accommodate
a narrower house. The highlights of the proposed development is that the proposal is to
rezone approximately five acres from the R-8 medium density zoning district to the R-15
medium high density zoning district and, concurrently, the application has submitted a
final plat modification striking the note that removes any reference to zero lot lines and
modifying note ten removing a requirement for solely attached houses for the site. In
addition, the development agreement was not required when the original development
was approved. Staff recommended and the Commission concurred that one should be
required and the proposed requirements are identified below, which I'll get to in a
moment. The applicant has submitted elevations for the houses that would be going on
lots should Council approval this application. At the public hearing, the only person
speaking in favor was the applicant's representative, Peter Harris. There was no one
speaking in opposition and no one just commenting. The only written testimony we
received was a written response of the applicant to our staff report. Actually, the only
key items of discussion for the Commission was just trying to get to an understanding of
the difference of the dimensional standards of the R-8 zoning district regarding single
family detached and single family attached homes. The Commission reviewed the staff
report and testimony and did vote to recommend approval. The only real change to our
recommendation is that they wanted us to initiate a change on DA provision number
four that originally had limited access to Meridian Road, to strike that because there was
one lot on the plat that does take access to Meridian Road and that was, essentially,
one of the parent parcels that was approved with the application. All other lots take
access from the side streets from Woodbury. So, as I said, Council held the public -- or
Commission held a public hearing on December 4, 2008, and after taking public
testimony did vote to recommend approval to you and they did recommend that a
development agreement be prepared and adopted and that would be subject to three
conditions. One, that the future homes shall generally be consistent in appearance with
the elevations that were shown on Exhibit A, but the applicant shall construct homes on
the site that contain the following design features: Varying pitch roof design, including
gable and hip roof line -- roof lines facing the street. Shutters around the window on the
front facades. Substantial pillars with substantial bases and front facades accented with
brick, stone, and any other type of masonry. A garage door with a glazing element and
covered porch areas. Building materials should be of a quality, including, but not limited
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January 6, 2009
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to, wood siding, hardy plank siding or stucco, and incorporating varying siding materials,
wide planks, narrow planks, board and batten, cedar shingles in a minimum of two field
colors and one trim color. So, what we are after looking at here is you're going to have
a series of smaller homes, but adding some quality to them in varied newer color and
textures and architectural features. And second condition for the development
agreement would be any future subdivision uses or construction on the property comply
with our zoning ordinances in effect at the time the application was submitted. And,
finally, that the subject site shall be developed with single family homes. We are not
trying to make the distinction between single family attached and detached, but you
could do single family attached or detached, provided that each home comply with the
R-15 building setback regulations and not encroach into any easements. So, with that I
would be happy to answer any questions or wait until you have heard from the
applicant.
De Weerd: Thank you. Council, any questions for staff at this time?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: 1 got lost in the discussion of provision four from the development agreement.
Is the end result that Lot 1, Block 1, which was the only lot with access to Meridian is
giving that up or --
Friedman: It is maintaining that and we are removing that from the development. We
had proposed that and we are removing that from the development agreement to make
it clear that they may maintain their access to Meridian Road.
Zaremba: For that one lot only?
Friedman: For that one only. That's correct.
Zaremba: Thank you.
De Weerd: Okay. Anything further? Okay. Is the applicant here this evening? Happy
New Year.
Harris: Good evening. Madam Mayor, Members of the Council. My name is Peter
Harris. I'm at -- reside at 6951 Duncan Lane in Boise. I want to compliment you on
your nice beautiful building. This is my first time here. Very nice. We are in agreement
with the staff recommendations on this. We look at this as a relatively simple request
and I don't have much to add to this, other than the fact that, you know, we -- we built
some homes in there already and intend to build the rest of the homes and develop the
property. The development is incomplete. Landscaping is in. Walking paths are in.
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January 6, 2009
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Fire hydrants. Pressurized irrigation. Everything else. We marketed attached products
out there for six to eight months and most of the comments from perspective buyers
were we are looking for detached products and this was one way that we could provide
it. So, after working with staff we came up with this proposal to do this and this is what
we are looking at getting approved tonight. With that I will answer any questions you
may have and go from there.
De Weerd: Thank you. Council, any questions for the applicant?
Bird: I have none.
De Weerd: Okay. Thank you, sir.
Harris: Thank you very much.
De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide
testimony on either of these items? Okay. Seeing none, Council, any further
information from staff or the applicant? If not, I would entertain a motion to close.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we close the public hearing RZ 08-007 and MFP 08-007.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to close the public hearings on Items
12 and 13. All those in favor say aye. All ayes. Motion carves.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Item 12. Any discussion on this item?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no discussion, I'd move that we approve RZ 08-007 and to include all
staff, applicant, and public testimony.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second on Item 12 to approve. Any
discussion? Okay. Madam Clerk.
Meridian City Council
January 6, 2009
Page 14 of 59
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Item 13.
Bird: Madam Mayor?
De Weerd: iVlr. Bird.
Bird: I move we approve MFP 08-007 and include staff, applicant, and public testimony.
Hoaglun: Second.
De Weerd: Okay. Motion and a second to approve Item 13. Hearing no discussion,
Madam Clerk.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: Thank you. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 14: Public Hearing: VAC 08-006 Request for a Vacation of the public utility
easement platted on Lots 7-8, Block 3 of Gardner-Ahlquist Gatewav
Subdivision No. 2 by Horrocks Engineering -east side of Eagle Road,
approximately'/ mile south of Franklin Road:
De Weerd: Item 14 is a public hearing on VAC 08-006. I will open this public hearing
with staff comments.
Friedman: Thank you, Madam Mayor, Members of the Council. This is an application
for a vacation of a utility easement for the Gardner-Ahlquist Gateway Subdivision No. 2.
It's located at the southeast comer of Eagle Road and Franklin Road. The applicant,
through their engineer, Horrocks Engineers, has requested approval to vacate a ten foot
wide public utility easement located along the southern boundary of Lots 7 and 8 in
Block 3 of the Gardner-Ahlquist Gateway Subdivision No. 2. The reason for the
proposed vacation is to accommodate an expansion of building a to house medical
equipment on the south side of the buildings that are currently under construction. The
applicant states there is no infrastructure located within the designated easements and
additional public utilities are provided elsewhere on the site and can be provided to
those buildings on the other easements that are designated- within the recorded
subdivision. The applicant has provided proof of relinquishment of the easements by
Idaho Power, Intermountain Gas, Qwest, Cable One, and Nampa-Meridian Irrigation
Meridian City Council
January 6, 2009
Page 15 of 59
District and staff does not see any outstanding issues in this for the Council and has
recommended approval of the vacation.
De Weerd: Thank you. Council, any questions? Okay. Is the applicant here? And if
you will just state your name and address for the record.
Oaks: Okay. My name is Kami Oaks with Horrocks Engineers, 5700 East Franklin
Road in Nampa.
De Weerd: Thank you.
Oaks: And I just wanted to say that I agree with the information provided in the staff
report and by the recommendation made by staff at this time respectfully request
approval.
De Weerd: Thank you. Council, any questions for the applicant?
Bird: I have none, Mayor.
Hoaglun: None.
De Weerd: Okay. Thank you very much. Okay. This is a public hearing on Item 14. Is
there any member of the public who would like to provide testimony on this application?
Okay. Council, any further information needed?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing for VAC 08-006.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 14. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve VAC 08-006, with the -- to include all staff, applicant, and
public testimony.
Zaremba: Second.
Meridian City Council
January 6, 2009
Page 16 of 59
De Weerd: Okay. I have a motion and a second to approve Item 14. If there is no
discussion, Madam Clerk, will you call roll?
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15: Public Hearing: AZ 08-012 Request for Annexation and Zoning of 5.03
acres of land from RUT in Ada County to an R-4 zone for Shavs Cove by
Landmark Engineering & Planning, Inc. - 3155 South Mesa Way:
Item 16: Public Hearing: PP 08-009 Request for Preliminary Plat approval of 8
single-family residential building lots and 3 common lots on 4.45 acres in a
proposed R-4 zoning district for Shavs Cove by Landmark Engineering &
Planning, Inc. - 3155 South Mesa Way:
De Weerd: Items 15 and 16 are public hearings on AZ 08-012 and PP 08-009. I .will
open these two public hearings with staff comments.
Friedman: Thank you, Madam Mayor, Members of the Council. Mrs. Wafters will be
handling this public hearing.
Wafters: Madam Mayor, Members of the Council, the application before you is an
annexation and zoning request for 5.03 acres of land, including adjacent right-of--way
from RUT to R-4 zoning district and preliminary plat for seven single family residential
building lots and three common lots on 4.45 acres of land. The property is located at
3155 South Mesa Way, on the northwest comer of Mesa and Victory. This is an aerial
view of the property. Proposed project is for a large lot residential subdivision. All lots
are in excess of 11,000 square feet in area. The gross density for the plat is 1.57 units
per acre. There is an existing residence that will remain on one of the proposed lots
that will take access from Mesa Way. Access to the other lots is proposed from Victory.
You can see from the aerial here where the existing home is and there are two large
shop buildings there. A stub street, South Coy Place, is proposed at the north property
boundary for future extension upon development of the property to the north. Until that
time, a temporary turnaround for emergency access is provided on the plat. This is the
proposed landscape plan. It shows some of the existing trees and proposed
landscaping. Building elevations have been submitted for the proposed homes.
Construction materials consist of stucco, rock accents, and the roofs. The Commission
recommended approval of the project with no changes to the staff report. Chris Todd
testified on behalf of the applicant in favor of the application at the Commission hearing.
Is there was no other oral or written testimony, other than a response from the applicant
in agreement with the staff report. Staff is recommending approval of the project with a
development agreement that includes provisions for development of the property as
Meridian City Council
January 6, 2009
Page 17 of 59
stated in the staff report. Staff will stand for any questions the Council may have at this
time.
De Weerd: Thank you. Council, any questions for staff?
Bird: I have none.
De Weerd: Thank you. Is the applicant here? If you will, please, state your name and
address for the record.
Wyatt: Jed Wyatt with .Landmark Engineering and Planning and a business address of
3032 North Broadmore in Nampa, Idaho. Sonya has done a nice job telling you about
the project. I'll keep my comments fairly short. This project -- the developer on this
project lived on this property for a number of years before any development around him
was there and his desire at this time is he lives in the house currently and wants to build
a new house behind it and sell the existing house to his son and at least one of the lots
to one of his daughters and so he would like to just have a nice subdivision there for his
family and a few other lots to sell off. As you can see by the landscape plan that's up on
the screen, most -- 90 percent of those trees are existing. The pond is existing. He's
got an immaculate place there. I have no reason to believe the subdivision will not fall
in line with what he's already done there. It's well maintained. The building elevations
that were submitted, he's already had an architect working on his home and the lots are
sized to accommodate those homes as shown on those elevations. Feel it's going to be
a nice project and an asset to the city. If you look at the city map there is R-4 zoning to
the east and the west and R-8 zoning to the south. So, it's a nice transition to the rural
lots to the north. So, we think it's a very nice project and would be an asset for city and
ask for your approval.
De Weerd: Thank you. Council, any questions for the applicant?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Do you know the distance between Mesa Way and the proposed Coy Place?
How far apart are those two roads?
Wyatt: I do. It's up on the plat here. If you have any traffic concerns, ACHD has looked
at that and they have approved the location of that access point, and it -- on our drawing
here is 303 feet.
Zaremba: Okay.
Wyatt: That's from close edge to close edge. That's not from center lines.
Meridian City Council
January 6, 2009
Page 18 of 59
Zaremba: Thank you.
Hoaglun: Ma'am Mayor. I did have one question. The tumaround, then, you're fine
with a temporary tumaround for emergency access at the end of the stub?
Wyatt: Yes. Originally it was submitted as a cul-de-sac and it was recommend that we
stub it to the north, so we have agreed to do that and we will put that tumaround in as
shown.
Hoaglun: Okay. Great. Thank you.
De Weerd: Thank you. Okay. This is a public hearing. Is there anyone who would
wish to testify on this application? Okay. Council, any further information needed?
Okay. If not, I would entertain a motion.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Having heard staff and applicant testimony and given the public the
opportunity to comment, I move we close the public hearings on AZ 08-012 and PP 08-
009.
Hoaglun: Second.
De Weerd:. Okay. Thank you. I have a motion and a second on Items 15 and 16 to
close the public hearing. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve AZ 08-012 and PP 08-009 to include all staff comments.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 15. If there is no discussion,
Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
Meridian City Council
January 6, 2009
Page 19 of 59
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Item 16.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba. Do we have to do both?
Zaremba: I did incorporate both of them, if that's okay.
Item 17: Public Hearing: RZ 08-008 Request for Rezone of 12.76 acres from TN-
R to TN-C for Beacon at Southridae by Eastern Washington -Idaho
Synod of the ELCA -south of Overland Road, approximately 800 feet
west of Linder Road:
De. Weerd: Okay. Sorry. Item 17 is a public hearing on RZ OS-008. I will open this
public hearing with staff comments.
Wafters: Thank you, Madam Mayor, Members of the Council. The application before
you is a request for a rezone for the Beacon at Southridge. It consists of 12.76 acres of
land and they are requesting a rezone from the TN-R district to the TN-C district. The
property is located on the south side of Overland Road, approximately a quarter mile
west of Linder. This is an aerial view of the property. It currently just consists of vacant
agricultural land. A little history on this site. The subject site was annexed into the city
in 2007 as part of the Southridge development. The Conditional Use Permit for an
87,757 square foot assisted living facility, containing 187 residential units, was approved
for this property and the property directly to the north on November 18th of last year.
The site of the assisted living facility is currently split zoned. As a condition of approval
of the Conditional Use Permit, the applicant was required to rezone the portion of the
site zoned TN-R to the TN-C district in order have a consistent zoning for the entire site.
A development agreement modification was also recently approved that modified the
conceptual development plan for the South Ridge development to allow for an assisted
living facility on this site. This is a copy of the approved site plan for the assisted living
facility that was recently approved with the Conditional Use Permit. These are the
building elevations that were also approved with that Conditional Use Permit. This is a
map showing the current zoning district boundary. The TN-R district on the south end
there is what is requested to be rezoned to TN-C. The Commission recommended
approval of the project with no changes to the staff report. The Commission agreed that
the rezone of the property will correspond with the approved use. Van Elg testified in
favor of the application at the Commission hearing. There was no other oral or written
testimony, other than a response from the applicant in agreement the staff report. Staff
recommends approval of the Conditional Use Permit request per the conditions in the
staff report. The staff will stand for any questions the Council may have at this time.
De Weerd: Thank you. Council, any questions? Okay. Is -- there is the applicant.
Good evening. If you will, please, state your name and address.
Meridian City Council
January 6, 2009
Page 20 of 59
Elg: Okay. Thank you. Good evening. My name is Van Elg. I am with the Land
Group, 462 East Shore, No. 100, Eagle, Idaho, representing the applicant this evening.
We have gone over the staff report multiple times with Sonya and concur with the
information that she has presented. I have got a Powerpoint presentation, but I will
forego that in case -- unless any of you have any specific questions and just summarize.
Council has already seen this through the development agreement. It's part of the
master plan. We were required to submit a conditional use for this, which we have
done. This is compliant with both the DA and the conditional use application and simply
corrects this -- does my pointer show up here? Simply corrects this line here that really
doesn't represent anything now, because it followed an old -- some old property lines
with the original Southridge master plan and brings it back down here, so that has
significance. Oops. Sorry. The P&Z's recommendation was was all supportive, with
the exception of one, and she simply didn't support it, because she didn't support
Southridge, initially. So, she remained true to her convictions. So, with that I don't have
any other comments, unless you have some questions of me.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Or would you like to see his Powerpoint? Thank you.
Elg: It's good. Thanks.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony? Okay. Staff, any further comments?
Wafters: No, Madam Mayor.
De Weerd: Okay. Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I having heard all staff and applicant testimony and given the public the
opportunity to comment, I move we close the public hearing on RZ 08-008.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 17. All
those in favor say aye. Did you say aye?
Zaremba: I did.
Meridian City Council
January 6, 2009
Page 21 of 59
De Weerd: All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Zaremba: I got it in on time and you didn't hear me separately.
De Weerd: Okay. I know. I think I need to wear one of those. things you have on your
ears. Okay. Any discussion or do I have a motion?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve RZ 08-008 to include all staff comments.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to approve Item 17. Any discussion?
Hearing none., Madam Clerk.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 18: Public Hearing: AP 08-007 Request for City Council Review of the
Planning and Zoning Commission's action regarding the conditions of
approval for Fairview Lakes Retail (MCU 08-002) by Doug Tamura - 950
East Fairview Avenue:
De Weerd: Item 18 is a public hearing on AP 08-007. I will ask for staff comments at
this time.
Wafters: Thank you, Madam Mayor, Members of the Council. The item before you is a
request for City Council review of the Planning and Zoning Commission action and
conditions on a Conditional Use Permit modification for Fairview Lakes retail building,
located at 950 East Fairview Avenue. The request for review is a new hearing allowing
the Council to review the entire development and conditions if so inclined. A little
history on this. Staff approved a CZC for this site, a certificate of zoning compliance.
Upon inspection of the site for release of occupancy staff noticed that the site and
building were not consistent with the approved plans. Staff advised the applicant to
apply for a modification to the approved Conditional Use Permit to obtain approval for
the changes that were made. The applicant did so and the Commission approved the
CUP modification with conditions. The applicant is now requesting Council review of
the Commission's decision and certain conditions of approval. This is an aerial view of
Meridian City Council
January 6, 2009
Page 22 of 59
the site. This is the site plan that was approved with the certificate of zoning
compliance at the top there. This is the -- on the bottom there is the site plan that was
proposed with the Conditional Use Permit modification that the Commission approved.
These are the building elevations approved with the certificate of zoning compliance.
And this is what was actually built on the site. Note the difference between the -- the
rear elevation is, essentially, the same, except for the construction materials. The front
is significantly different, as you can see. And these are photos of the existing structure.
Top one is the south view, which is the front. The second photo is the west end of the
building and the third photo is the rear of the building that faces Carol Street. Those are
just some more photos. The Commission recommended approval at their October 16th,
2008, public hearing. Doug Tamura testified in favor of the application. Ryan McDaniel
commented and also submitted written testimony on the application. Key issues of
discussion by the Commission were whether or not to require additional windows to be
installed on the west end of the building, per the staff report, and the previous approved
plans with the CZC. Showed those. Whether or not to require stucco, as proposed and
approved with the certificate of zoning compliance or alternative finish on the walls of
the existing structure. Whether or not the planter at the north end of the row of parking
on the west side of the building should be required to be installed per staffs
recommendation according to the approved plan with the CZC. Discussion regarding
the letter testimony of submitted by Ryan McDaniel and the necessity for changes to the
plans to be approved by the city prior to construction, rather than after the fact. The
staff recommended conditions of approval to the Commission that are included in the
staff report. Key Commission changes to the staff recommendation were a
modification to the condition of approval 1.3.A to require a text coat on the walls of the
building, instead of a two coat stucco system as originally proposed and approved with
the certificate of zoning compliance. And to strike condition of approval 1.3.B that
required additional windows to be installed on the west building elevation. Outstanding
issues for the City Council. The applicant, Doug Tamura, has submitted a request for a
Council review of the Commission's decision on the following conditions of approval:
Number 1.1.A, a planter island is required to be constructed at the north end of the row
of parking on the west side of the building. Number 1.1.B, evergreen trees, minimum
six feet in height, shall be installed within the street buffer along Carol Street to serve as
a screening of the rear of the building. This area shall result in a bamer that allows
trees to touch at the time of maturity. Just a clarification from staff. The staff report
says Teare Avenue. It should be Carol Street. Just a correction there. Condition of
approval 1.1.C, a trash enclosure shall be constructed on the site in the location
depicted on the site plan in Exhibit A.2. And, last, condition of approval 1.3.A, all walls
surfaces, excluding the portion that will abut retail building three on the east elevation,
consisting of painted block walls, shall be covered with text coat. And the applicant will
cover his proposition in his testimony. Staff will stand for any questions the Council may
have at this time.
De Weerd: Thank you. Council, any questions? Okay. Thank you. If you will, please,
state your name and address for the record.
Meridian City Council
January 6, 2009
Page 23 of 59
Tamura: Good evening, Madam Mayor, Members of the Council. My name is Doug
Tamura. My address is 1124 Santa Maria in Boise and I'm the developer and architect
of this project.
De Weerd: Thank you.
Tamura: It was my understanding of the approval process that brings me to City
Council this evening. For the past six years I have constructed several buildings in the
City of Meridian. It has always been my goal to develop something I was proud of and,
hopefully, be an asset to the City of Meridian. The misunderstanding that I would like to
review this evening is the certificate of zoning compliance and construction documents
submitted for a building permit that didn't match. Not all the buildings that I have
designed and developed have matched this certificate of zoning compliance. An
approved CZC was attached to the building permit, but the design of the building had
been substantially changed. A building permit was issued and the building was
constructed in accordance to the approved plans. Sonya, can you go back to that first
site plan that shows the approved CZC site plan and -- no, the one that shows both site
plans. So, if we could slide that down. Yeah. So, upon completion of the building I was
gathering signatures for the final occupancy permit, I was unaware that I had violated
any Planning and Zoning conditions of approval. I had received all of the approvals,
with the exception of Planning and Zoning. I thought that the reason I was denied
Planning and Zoning approval was for the lack of a landscape planter in front of the
building. The original CZC approved contained a bump out in the center that did not
allow parking in the front of the building, so if you can see retail one and two and you
see this bump out in -- oh, oh. If you see that bump out, it shows that we had more of a
patio where it wouldn't allow additional parking. The realtors advised me to eliminate
the bump out and construct the building with a 60 foot deep bay. Because of the
change in configuration I was able to add additional parking spaces in front of the
building for the convenience of the customers. The approved CZC did not require any
interior landscape islands. I had installed a landscape island on the west end, down at
this end, and, then, lalso -- I intended to add a large courtyard and water feature on the
east end, phase two of the project. The center of the parking spaces were dedicated to
handicapped access ramps. The parking lot had been installed as approved, so in lieu
of cutting the existing asphalt, I submitted an alternative compliance to compensate for
the interior landscape island I thought I was lacking. Staff denied the request and
requested I submit a modification to the conditional use, since the building had been
changed from the original CZC. It wasn't until I received the staff report for the
modifications that I realized that staff was requesting I modify the building to look like
portions of the original CZC that wasn't approved -- that was approved. The original
CZC was designed to accommodate a Dollar Store. The prospective tenant was not
willing to pay very much rent, so I designed a very modest single story wood frame
stucco building to try to meet the proposed budget. Submitted that design for approval
for the CZC. So, can we go back to the original CZC building elevations? So, that's --
that's why there is minimal sign band and so the Dollar Store was going to take the
portion to the east, so kind of the -- that main doorway was going to be a Dollar Store,
which accommodated that deeper bay. I was unable to sign the tenant, so I decided to
Meridian City Council
January 6, 2009
Page 24 of 59
proceed ahead with a higher quality building design. With the amount of retail space
under construction, I felt my Hitch was quality design and modest rents. I changed the
construction of the building from wood frame stucco to masonry, with steel bar joists,
metal roof deck. The building was accented with cultured stone, accent columns --
maybe bring up the elevations of those -- the building that I -- bring up the actual
building photograph that we have. Yeah. Thank you. So, I -- the building was
accented with cultured stone, accent columns across the front and on the west end.
Full covered walkways with concrete the roofs and a facade designed to allow for better
tenant signage. I looked at the construction of several high quality retail projects and
used the detailing from several projects. It was my observation that one of the
successful construction techniques allowed in Meridian was masonry construction.
Could I get those -- those photos I included and start at photo number six and, then, just
kind of scroll six through 22. What I have done is I have included several of the projects
that were constructed on Eagle Road and I have got photos. The sad news is it was in
that snow storm today, so I can't swear on the quality of what I'm going show you. So,
this was -- this will just give you an idea of the projects that I'll show you. So, go ahead
and just kind of scroll down to six, seven, through 20. So, this is the front elevation of
Kohl's, but pretty much the Kohl's, Joe's Sporting Goods, the whole rear elevation of
that whole project is just painted masonry. The second project is the family center,
where it's got the Sportsman Warehouse, Bed Bath and Beyond. The third project was
Lowe's. That was, again, across the street from the Kohl's project. And, again, Wal-
Mart -- all four of the major retail shopping centers along Eagle Road are all masonry
construction, painted -- or painted masonry buildings. But similar construction types to
what I constructed. In .the design of my project I used different types of masonry to
create a contrast of textures. I used the scored block in front to create the detailing on
the store fronts and on a column basis to look more like tile. Can you show -- yeah. So,
pictures number four and five. I had the masons leave the -- so, you can see that it's --
it's concrete and masonry, but, then, it's -- you know, I use different types of concrete
masonry to go ahead and kind of change the -- the facade detailing that I used. I had
the masons leave the joints flush on the side and the rear of the building, to give me a
flat wall surface that was painted and I added cultured stone on the west elevation to
cant' the stone detailing around to the side of the building. It has been my experience
in the other retail buildings that I own, that wood frame stucco buildings present a long-
term maintenance issue. It only takes one drywall hammer and all of a sudden, you
know, our stucco is cracked and so I wanted to go to a different level of construction
type to make sure that I had a long term project. What I'm requesting is to appeal the
following conditions of approval. Sonya read through the four conditions, 1.1 .A, 1.1.B,
1.1.C and 1.3.A. On 1.1 .A, please, look at photos 23, 24 and 25. It says the planner
located on the west end, which this is the west end of the building, so you can see that
there is -- you can't -- well, you can't tell with the snow, but I have got planters on both
the north and the south end that are installed. There is seven stalls on that west end
and so I'm not real sure what staff was considering. So, you can see there is a tree
planted next to the stop sign and, then, there is another tree planted down there on the
comer. So, that was condition 1.1.A, which I believe we have met. On condition 1.1.B,
the condition that was attached to my exhibit says evergreen trees, minimum of six feet
in height shall be installed within the street buffer along Teare Street. Well, I didn't
Meridian City Council
January 6, 2009
Page 25 of 59
really know what staff meant by Teare Street, because Teare Street runs perpendicular
to our project and -- show site plans -- or photos number 26 and 27. So, what I thought
staff was looking at was -- we have got two existing homes that are behind our project
and so photograph 26 -- maybe go back one, Pete. Twenty-six is the house that's
directly behind our shopping center. On that house we have gone ahead and extended
Carol Street on through. We put a six foot high vinyl fence. We landscaped that street
section through there. And, then, on photograph 27, which is the street -- which is the
house across the street on the east side of Teare Street, you can see that, again, we
went ahead and put a six foot high vinyl fence. We stepped it down at the street and,
then, we went ahead and put on a -- a thick row of evergreens along that whole fence
line. So, we went ahead and spaced those that when those mature it will just be a solid
wall of evergreens. So, that was installed this summer. So, again, since she had
referenced Teare Street, I didn't really know what her concerns were. On 1.1.C -- and I
presented this to planning --
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: While we are still on the last one, if I may, Mr. Tamura.
Tamura: Okay.
Zaremba: She has now corrected that to mean Carol Street, not Teare Street. Does
that change your thinking?
Tamura: Well, what I will do is I will explain to you what my alternatives or, you know,
what I'm going to propose as far as compliance in my summary.
Zaremba: Okay.
Tamura: 1.1.C, I presented to Planning and Zoning that -- can you go back to that site
plan that we built? So, I guess -- you know, maybe look at photo 29. In photo 29 you
can see down in -- in just -- in the southwest comer of our front elevations. See that
little circle there with the two trees? We have got an existing trash enclosure. Again,
look at photo 28. So, that's been installed in our parking lot that's adjacent to the
southwest comer of our existing retail. As an alternative to this condition I propose to
Planning and Zoning there is an existing trash enclosure that was built in the parking lot
in the southwest comer of the building. I currently have no tenants. It is my intention at
the point in time that I need additional trash capacity I would add another trash
enclosure in the rear of the building that was referenced in Exhibit A.2 in this 1.1.C. The
last condition was 1.3.A. The building has been constructed and completed. I hope I
have demonstrated that the construction techniques I used are no different. than the
majority of the other standards that have been built along the Eagle Road comdor. That
even though a CZC was approved, I felt that the result was far superior to what was
originally submitted. In summary I'm requesting City Council consider the following
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alternatives as consideration for allowing the building to remain in its current condition.
Number one, the addition of three pine trees in the rear of the building in between the
existing trees that have been planted along Carol Street. So, that would be -- kind of
address what we are talking about condition 1.1.B. I would resubmit a CZC to match
the building design and landscaping, so that in the file we'd have a landscape plan and
a building elevation that would -- that would match to what was actually built on our
project. Number three. Approve the occupancy of the building with the existing trash
enclosure. The enclosure to be painted to match the building. And an additional trash
enclosure to be installed as requested by Sanitary Services in the future. So, as there
became additional needs for trash, you know, we would be more than happy to add
additional trash enclosures in the rear of our building, but not until the time that we
needed it. Number four. Allow for me to bond for the additional landscaping if weather
does not permit installation -- weather permitting, I guess. Number five -- and what we
had proposed in our alternative compliance is that in our phase two water feature
courtyard, which we submitted in our modification of our conditional use that we'd
increase the size of our courtyard, because one of the things that we realize on working
on our project is that our entrance next to Smokey Mountain Pizza, that that courtyard is
going to become kind of the secondary focal point of our project and so what we'd like to
do is increase the size of that courtyard and spend our money on a nicer bigger water
feature there. And, then, also the number six, phase two, buildings be modulated and
submitted in our modified conditional use dash '08 dash 002. And, finally, number
seven, and the important one to us is delete condition 1.3.A, which would require us to
go ahead and repaint our building. I'm here for any questions.
De Weerd: Thank you. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would just make note for the first time in six years I'm not going to ask you
about the two amenities. You answered that last time.
De Weerd: Thank you, Mr. Zaremba. Any other questions or comments?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Doug, I -- this building you built I think is a very very nice addition to our city. I
agree with you, I would sooner have painted block than text coat. I think it looks -- looks
very nice. I don't know why we think we have to have windows down the west side. I
mean it depends on what you have got there. I think that's why sometimes when we
see the plans originally and unless they are -- the building is sold or leased out already,
you have to make modifications for different tenants. So, I -- I don't think you're being a
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bit out of line with asking for your modifications. I certainly have no problem with them.
I think you got a very nice building and I hope you get it filled up.
Tamura: Thank you, Council Member. You know, regardless of those windows, one of
the things I explained to Planning and Zoning is it's been our experience on those west
facing windows that it becomes a huge energy situation where we have that west facing
sun. So, the other thing that we done is we had included that out pad on the comer of
Carol and North Lakes and so it's not really going to be obvious when you see that --
that west elevation. And, then, that's also why we added that additional accent of the
cultured stone on the comers to kind of dress up that -- that comer. But I know that in
showing it to the tenant, the tenants have had concerns about those, kind of what they
-- the good news is we potentially have the building half leased. So, right before
Christmas -- and it's all kind of family oriented tenants that want to be there. But it's a
combination of location and -- and what the building looks like, so --
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Question for Doug. Since I'm still in catch-up mode on some of these things
that have been approved previously, identify for me what is -- what is phase two in this
project, then.
Tamura: So, phase two is the -- the buildings directly to the east. So, see where it says
retail -- go back to that site. Okay. So, look on that bottom site plan. See where it says
retail three? So, that will be phase two. So, our intention is knowing that we haven't
been -- what we are hoping for is that we can get another anchor like Hastings that
require a deeper depth than 60 feet. The reason for the 60 feet is that a typical tenant
space is 20-by-60 and so a 1,200 square foot is a typical phase facing or size. As you
go deeper, the tenant doesn't get anymore store front, but has to lease more space and
that's why that 60 feet is so critical. Where we have got a large amount of space behind
our project, we are hoping that we could get another anchor, you know, like a Hastings
that could fit in that comer. So, in lieu of that, if it does look like we will be able to lease
up our space, what our thought was is that we'd modulate the building back, create this
nice courtyard with a water feature that would accent -- accent our driveway and, then,
do something that's architecturally complimentary to what we have done in the first
phase.
Hoaglun: Madam Mayor. If you wouldn't mind pointing out exactly where that water
feature -- is that there in front of that phase two --
Tamura: So, see where that bubble is right there -- so, look -- Pete, maybe bring up
photo number 29.
Friedman: Okay. Bare with me here.
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January 6, 2009
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Tamura: The site plan photo number 29 is what we had submitted with our --
Friedman: Okay. I need to rotate that.
Tamura: Can you pull that --
Friedman: Just a second here.
Tamura: Yeah. There. So, photo 29 is -- one is we went ahead and put an additional
landscape patio in front of the signage on the east end of phase one. So, you can see
where -- yeah, where the arrows are. So, we have added that in to break up the parking
on the east end of the building. Also, we have increased that courtyard and, then,
where the water feature is in the center, we are going to go ahead and increase --
double the size of that water feature. So, again, if you go by our project, we have those
big waterfalls for our signage. We want to do something similar there that will be the
focal point of this driveway. So, we will have kind of a -- a water feature courtyard and,
then, recess that back so that we will have a nice big seating area for that future phase.
Hoaglun: Another question?
De Weerd: Uh-huh.
Hoaglun: For the next -- for the trash enclosure, where would that likely be? Do you
have any idea for that?
Tamura: Looking at this site plan -- so, we have got an existing one where Pete's got
the arrow pointed. That one's been installed in the parking lot. The other one is -= is we
have got loading proposed behind phase two and, then, there is the trash location that
we had talked to Sanitary Services. But at this time, since we don't have tenants and
we don't have trash, we were hoping that we could add those as needed. So, first, is
having to build a second trash enclosure location now, if we could just wait until we
have tenants.
Hoaglun: Okay. Thank you.
Tamura: Any other questions?
De Weerd: So, I guess my question is how did we get to this point to begin with? I
mean this is not your first project in the City of Meridian.
Tamura: You know, I think what's happened is -- or, Madam Mayor, I think what's
happened is we have submitted so many projects and this was done under a
development plan and what happens on these shopping centers is that every building
that we have constructed is done through a conditional use and so we have got a full
public hearing on each building that we do. The other thing that happened is that -- that
-- and particularly when we were working on the Dollar Store, it was a, you know, hung,
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January 6, 2009
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we have got to get this thing submitted, you know, so we were real proactive about, you
know, getting our plans in, getting it approved. The other thing that happened is it was
right at the peak of the frenzy of all the retail that was going on in Meridian, two, three
years ago and so for us to get a CZC was taking us anywhere from a month to two
months to get those approved. So, we submitted it, got it approved, you know, then,
when the tenant fell through, well, we wanted to proceed ahead, because the building
season was short and get it done by, again, a year ago is when we completed this
building, that we went ahead and attached the CZC that we had approved and it -- it just
became a part of the plans and, then, we upgraded our building and flew through and all
we -- you know, and we had a building permit. So, I didn't know that we had done
anything wrong until we were trying to get our final occupancy permit. In talking to
Planning and Zoning, I know that they have sat down with the building department and
they are streamlining the process to make sure that future CZC's don't end up in the
same problem that we have done of having something that doesn't match to the building
permit. You know, it's -- you know, lunder -- you know, that I have been through it I
understand that, you know, it was my misunderstanding of what caused the problem.
You know, we have done all those little office buildings in our office park and, again, a
lot of times when we did that, you know -- you know, because of the tenant or the
owners, they would change some of the designs, but, again, we made those
adjustments without resubmitting CZC and so as part of, you know, I guess my fault that
-- that we were given leniency in the past and so I just didn't assume that we had a
problem until -- you know, until now.
De Weerd: Well, I never have a problem upgrading the look, so that's not -- that wasn't
my intent on the question, but just, you know, lessons teamed and --
Tamura: Oh, yeah.
De Weerd: Anything further from Council?
Hoaglun: Yeah, Madam Mayor, just a comment on that I -- you know, I hope we have a
process in place that we can make sure when there is changes like that that
communication takes place. I mean we are fortunate that this went up, instead of down,
in design and type. I mean it's a nice quality job that you did.
Tamura: Thank you.
Hoaglun: It's very nice. But it could have gone the other way and, then, we'd really be
stuck, so -- but -- so, I think -- if I can ask staff, Madam Mayor, if they have any
comments on -- do we have something in place and for future communication, so we
can be sure we are okay and we don't have one that's a lot worse than planned?
Friedman: Madam Mayor, Council Members, thank you very much. We -- you know,
98 percent of the time we approve a CZC it goes down to the building department, that's
what built. We are working on improving that level of communication, we are now
assigning a planner who will sit in with the building department on every commercial
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January 6, 2009
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CZC -- or building permit intake after the CZC is approved. So, we are continually
striving to improve both our internal communications, as well as our customer service.
And so we have assigned a planner to that. That planner is very knowledgeable on our
CZC process and will be in the building department when they have their intake
meetings. Just as a point of clarification on this, a couple of things. Without having to
go in our database and look this up, I would like to correct it, because I think rarely does
a CZC take more than two to three weeks, let alone a couple of months. So, I mean I
don't want to belabor that point, but I also want to try to emphasize that we try to be as
thorough as we can and as efficient as we can. Secondly, just a couple points of
clarification on the site plan. The island that Mr. Tamura spoke of down at the north end
of the parking lot there is a small island that was located on the inside of what's now a
loading bay and it showed a small island with a deciduous tree in there. The other
island that's on the outside on Carol Street is part of the Carol Street landscaping. And,
then, finally, as far as the trash enclosure goes, the trash enclosure that was
constructed was not actually part of the site. We never did get a chance to review it.
We wouldn't have approved it based on its current design and it doesn't meet SSC
standards. So, again, those are a couple of clarifications I think we need to put on the
record.
De Weerd: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Your comment on the trash enclosure -- as it appears to me their trucks
couldn't access it in its location and orientation.
Friedman: That's correct.
Zaremba: Okay. So, something needs to be fixed there I would say. Let me ask a
general process question and this probably isn't Planning and Zoning, it's probably the
building department, but don't we have building inspectors that drop in on a construction
project at various phases in -- what access do they have to the plans that were given to
the -- when the CZC happened -- when they stand on site are they able to compare
what's going on with what was supposed to go on?
De Weerd: Mr. Zaremba, they see the- building -- submitted building elevations and
those building elevations were different for the permit than they were for the CZC. So,
the inspectors would see what was submitted to the building department.
Zaremba: Okay.
Friedman: Just -- Madam Mayor, Council Members, just as a point of clarification, that's
a very good question and it's certainly one of those internal communication things we --
we try to improve in constantly. Typically we issue the CZC, it's sent down to the
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building department, the building department approves the building, the structural plans
and so forth. The next time that our staff is out there is when there is either a request
for a letter of substantial completion or a request for occupancy and at that point they
are checking for things like compliance with the approved site plan, parking,
landscaping, that sort of thing, which is why now we are going to be having a planner
assigned to those commercial plan intakes in the building department when they come
in and we are working with building and inspection services to try to facilitate a way in
which, you know, we can have better communication and a better understanding of
what's approved or at least some way of -- if there is a question and a red flag comes
up, because the Mayor is correct, they are looking at building plans, they are looking at
structural plans, they are not -- they have a different kind of charge than we do in terms
of what -- what they are looking for.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Pete, don't the same plans with the CZC that gets approved go the building
permit?
Friedman: Yes, they do. Madam Mayor and Council Members, they do indeed.
Bird: Yeah.
De Weerd: Okay. Mr. Hoaglun.
Hoaglun: Back to a question for the applicant on this -- you showed the two trash
enclosures back there and you have the one up front there. Was there a plan
eventually to have both of them located back there or would you still keep that one -- I
mean one's with the existing building and the other for that phase two. What's the plan
for that?
Tamura: Council Member Hoaglun, I have worked very close with Sanitary Services
and I believe their philosophy is that -- what they'd like to do is have as large of one stop
shopping as possible, so their goal is once -- you know, in Boise it's cheaper for us to
have the trash dumped more often -- more frequently per week and have less
dumpsters. Meridian's philosophy is -- is one time a week and as large a dumpster as
possible. So, I think our goal is that when -- when we do phase two or even -- you
know, if -- if we lease up phase one and we need larger dumpsters, then, our goal is
that we will move and install a large dumpster in the rear of the building. But since we
had the one dumpster in the existing parking lot now, we were hoping that we could use
that at least to obtain the occupancy permit and, then, this spring we go ahead and
install a large one in the back. But the intent was that the smaller dumpster was to
provide access for, you know, the end caps and, you know, these other little smaller out
pads along North Lakes, you know, as kind of a catch-all for that and, then, the large
nature dumpsters would be located to gather the trash for phase one, two, and three,
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January 6, 2009
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you know, across the back of the property. But we didn't feel like the large dumpster
location was necessary that at least, you know, to gain our occupancy on our existing
now.
De Weerd: Any other questions, Council?
Bird: I have none, Mayor.
Tamura: You know, there is one clarification on that landscaping island on the -- you
know, of what we submitted with the CZC versus the CUP. The little island that we
showed the tree, you know, it doesn't really show that we showed any additional
landscaping along North Lakes. The little island that we put in there actually became a
service ramp and, then, the loading area was there and, then, we went ahead and
moved that landscape island out to -- to Carol and, then, also on the north -- or on the
southwest comer of the building where it shows another landscape island, we went
ahead and added a tree there. So, with the two landscape islands that we have on both
sides of that west parking lot, we have only got seven spaces and I believe that the city
ordinance requires that we can go up to 12 spaces per interior landscape island. So, it
meets the ordinance as far as our landscaping requirement on the west end. Thanks
for your time.
De Weerd: Thank you. This is a public hearing. Is there any member that would like to
provide testimony? I do have one person signed up, Ryan McDaniel. Good evening. If
you will state your name and address for the record, please.
McDaniel: Madam Mayor, Members of the Council, Ryan McDaniel. 1785 North Teare
Avenue. I am here tonight on behalf of myself, as well as nine other individuals in the
vicinity. I can read it into the record now or I can submit my list of signed people for the
clerk to enter in.
De Weerd: Sir, is it the list that you included on the sign-up sheet?
McDaniel: It is.
De Weerd: Okay. We will have that as an item of the record.
McDaniel: Very well.
De Weerd: Thank you.
McDaniel: Then, let me begin by submitting written testimony. I didn't have this in soon
enough for -- beforehand. I have five copies. Is four is okay for you and one for the
developer, perhaps? I have submitted one to staff just a few moments ago.
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January 6, 2009
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De Weerd: Okay. Thank you. If the Planning Department will get that to the City Clerk,
we will stamp it in received.
McDaniel: Perhaps some preference.
De Weerd: Let's get it in front of Council and then --okay. Thank you.
McDaniel: Very well. We, as the members on the sheet, have allowed me to proxy
their three minutes into the testimony. I had put together a table that shows our support
of the developers appeal or supporting what we think is four of the six and we could be
wrong in that number. We have also provided some tools and we have asked the
developer four simple questions and also written in some assumptions that we are
making in providing our support tonight. Let me first back up and say that we came to
the Planning and Zoning Commission and we were a little bit concemed, because it
appeared that it was the 26th application for the site and it's hard for the neighborhood
to keep track of all of these changes and we were a little concemed that it was a
piecemeal development pattem and we were sort of drifting away from the original
intent of annexation and the development agreement and Planning and Zoning was
very clear in stating that they do not have the authority to restrict the number of
modifications to the site and we are taking that as sound -- sound authority and moving
forward. So, with that, basically, our support for the developer ends where the waiver
for three evergreen trees -- and I'm a little bit concemed that maybe I have missed the
point on that and that the developer intends to put those in, but we would like the trees
in. Secondly, the other issue is the requirement for quality building materials required
by the P&Z and we would support the P&Z and City Council, as well as staff in
identifying the cinder block wall as nonquality building material. Could you -- Sonya,
perhaps could you put up the picture in your staff report that shows the front elevation
and the rear simultaneously? So, anyways, moving into the tools, even if we have a
piecemeal development pattem and that's okay, it's sort of hard for the neighborhood to
keep track of the stability of the area and the adjacent development and it really places
us in a little bit of a liability and the developer is also sort of in -- in a place of liability as
well and we wanted to come out and support the developer and just point out that he
went through the process and had building permits issued that were for the wrong
building in the wrong spot and that's what was constructed and so we just wanted to
point out that maybe the city has a little liability as well. And perhaps we had been
crediting or refunding the fees associated with remediating the building may be in order.
Secondly, we would also support issuing the occupancy permit now to fill the vacant
building. The building to the south, the Smokey Mountain Pizza, was robbed on
Christmas Day and we acknowledge this as a -- a symptom of an underlying problem,
perhaps it could be disinvestment scenario and we just don't want to see the vacant
building have the windows broken out and we, really, would like to support the
developer in filling that and perhaps we could enforce the requirements which you're
going to levy tonight upon the issuing of the next phase of building permits. And also I
want to skip down to a question. The next phase of building permits will approve a
building immediately to the east with a zero lot line setback and we are kind of curious if
that building would follow good urban design as well and have compatible building
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January 6, 2009
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materials on the eastern building. So, to break that down, it may be like a twofer that
you approve tonight, if it's a cinder block wall on this, it would sort of make sense to
segway into the next. And we would support building materials of quality again. So,
moving down -- and staff has already addressed the city staff shepherding the process
through building permit issuing and that also applies to perhaps issuing the building
permits now and requiring these later on. And, finally, the trash enclosure, it seems like
it could become a problem. We don't think that the tenants or perspective tenants
would permit overFlow in their parking lot. It may be unsightly and they would sort of
have a problem with that. Perhaps we could approve another location and design in the
rear just in case. Finally, we would like the developer to speak to the building materials
on the east building, which is yet to be constructed. Also there are two lights that shine
upon a residential structure, which is -- I believe it's a violation of the annexation
agreement which is currently an entitlement on the site. Also, the paint -- and I'm
speaking for my neighbor in this, Jack Smith lives immediately to the north of the site
and the reflection of light shines on the orange and into his house even with his blinds
pulled and we are hoping that if you require that the textured coating be applied, which
we are hoping you will, that perhaps the color could be negotiable and there is a
filtration bed -- perhaps staff could pull up the site plan, which shows the filtration bed in
the -- there it is. To the north at the intersection of Carol and Teare, there is a filtration
bed there and it appears that the loading dock is proposed over the top of that and that
may be a problem. Very well. So, with that -- I'm going to leave the assumptions out,
except for one. When we went to the P&Z, we asked them about, you know, the
development and expressed concern over the ultimate build out of the site. To make a
long story short, we are making our support for the developer tonight under the pretense
that the development agreement is, in fact, what is going to be constructed upon the site
and we really want the Council to consider our support expressed here tonight as made
in good trust and faith of the current development agreement and in the event that a
noncompatible use be proposed in the future, this testimony may appear in further
discussion. And with that I will leave it there and I just express my support for the
developer in four of these six items and I will stand or sit for questions. Thank you.
De Weerd: Thank you, sir. Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you. Any other testimony on this item? Okay. Would the
developer like to comment and have concluding remarks?
Tamura: Madam Mayor, Members of the Council, my name is Doug Tamura, 1124
Santa Maria in Boise. In regards to Ryan's comments, you know, we have agreed to
add the additional evergreen trees along Carol Street and, then, in practice, questions
for the developer, will the eastern strip commercial mall be constructed with the same
building materials as the building under review tonight? If we are required to stucco the
building, then, we'd probably we forced to go to a wood frame building. Our hope is that
we can stay with the masonry construction with our painted walls. That's our
particulars. Can the two lights that shine upon the residential structures be turned off.
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January 6, 2009
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We are going to have those lights removed. The architect that helped me on this
project was telling me how people like to accent their buildings by having additional light
face on this facade, but I don't like that detail of what it does, it just makes it too bright,
so we are going to have those lights removed. And, number three, the paint on the wall,
we hired Noel Webber with Classic Design. I don't know if you know who Noel Webber
is, but he does all the real fancy classic signs in Boise and he -- I hired him to pick out
those paint colors. So, what he did was kind of a complimentary -- supplementary
complimentary to what they had done at Smokey Mountain Pizza. And I know that Jack
hates those colors, but I'm not real sure, you know, what colors Jack would like, so --
but, again, you know, he's talking about our north facing building elevations, so I'm not
real sure of where the reflections coming from. And, then, in regards to the drainage pit,
you know, we would be more than happy to go ahead and put a warning on that -- on
that drainage pit. It's a highway district requirement for Carol Street. We've had several
neighborhood issues -- you know, this summer we probably were graffitied once a
month, every month, and so it's been a constant battle. Our vinyl fence, you know --
and particularly on the --
De Weerd: I'm sorry, Doug. You what?
Tamura: Graffitied.
De Weerd: Oh.
Tamura: Yeah. We were probably graffitied, like I said, once a month. Our vinyl fence
on that east end of our project was slowly walking off and, you know, I really have to
applaud the neighborhood that they kind of took it in their own hands to go ahead and
help me out and save our fence from being totally destroyed. You know, we are trying
to make headway, you know, we are hoping that as our project gets -- you know, gets
completion, that -- but like Ryan said, you know, by having our vacant building. But, like
I said, we had some positive responses to our project and so we are hoping -- or one of
the questions I proposed to the realtor is even with this economy would it make sense
for us to go ahead and proceed ahead with phase two. So, we are hoping that, you
know, with these tenants that we have got coming, that we can proceed ahead even in
difficult times. So, I just appreciate your support. Thanks.
De Weerd: Council, any questions?
Bird: I have none, Mayor.
De Weerd: Okay. Any further information needed or discussion desired?
Hoaglun: I do have a question. I'm not sure who to direct it to, but for the trash
enclosure, I'm assuming we get -- Sanitary Service Company brings their remarks. Are
they involved in that process at some point in time?
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Friedman: Madam Mayor, Council Member. Sanitary Service, basically, sees all
applications. We get them in as early as a comments meeting even before they go to
hearings. We have them review the CZC's, so we are always trying to communicate
with them. Staff is very well trained and knows, you know, sort of what their locational
criteria area and turning radiuses, the distance and so forth that they need.
Wafters: If I could just add to that. As part of the CZC application submittal, we do
require a stamped approved plan from SSC for the trash location -- enclosure location
and its construction in general. The reason -- well, let me back up. This trash
enclosure was not approved by SSC, because it is not part of this site, it's off site, and
SSC has not approved it. And I spoke with them today, Doug Mason, and he indicated
to me that this would not be approved the way it has been constructed, that they need
60 feet in order to pull their truck up to the dumpster and unload it.
Hoaglun: Okay. And, Madam Mayor, just to comment on that, you know --
De Weerd: Yes.
Hoaglun: -- having been a tenant in a retail center, 1,200 square feet, by the way,
where we did not have a back door and we had to walk clear around, so I can
understand why you would want one, but at the same time, being a tenant in a place
like that, you don't want your trash out front. I mean that's a behind the scenes type of
thing. So, it was -- it's rather unusual to have that there and that's -- and in seeing --
knowing the ease of access and how they want to handle that -- that trash, didn't look
like it was -- some thing that would work very well for them. So, that -- thanks for
clarifying that for me, Sonya.
De Weerd: Council, anything further?
Bird: I have nothing, Mayor.
De Weerd: Are you ready for a motion to close the public hearing or any further
questions for the applicant or the neighborhood representative?
Hoaglun: I guess I have one more question. I have got to make certain I know. Where
are these three trees? I thought I knew where those three evergreen trees -- the buffer
-- were to be and, then, I got confused on that last testimony. Can you point that out for
me, Sonya or Pete, what --
Wafters: The existing trees are shown at the rear of the building. Staff recommended
that additional evergreen trees be installed to create a bamer of 70 percent coverage at
maturity. Just -- those trees be planted between the existing --
Hoaglun: Madam Mayor, Sonya, at the rear of the retail half of that building?
Wafters: That's correct. Yes.
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Hoaglun: And that's in addition to the ones that Doug has already planted along that
fence line in that neighborhood. Okay.
Wafters: The staff recommendation applies to the rear of the building you see in the
third photo that's adjacent to Carol Street, not those pictures he was showing earlier.
Hoaglun: Okay. All right. Thank you. And can you have follow up on that, Doug, if you
wouldn't mind, Madam Mayor?
De Weerd: No.
Tamura: Madam Mayor, Council Member Hoaglun, my intention is that the purple that
we showed on the street are the street trees that we used on our overall project and the
three pine trees that are proposed in our alternative conditions were to be placed in
between those four autumn ash and so we'd have four autumn ash and three pine trees
in the rear of the Carol Street building.
Hoaglun: Okay. 'Thank you.
De Weerd: I guess I have a question for the lieutenant. At full maturity of those trees,
do you have any concerns with safety on too much coverage on the back side of that
building that you won't have the public eyes on it?
Colaianni: Madam Mayor, Council Members, I can't tell from looking at this photo,
maybe someone can clarify for me, are there doors on the back of this building?
De Weerd: Yes.
Bird: Yes.
Colaianni: The only concern that we would have is that we are unable from the street,
withou# getting out on foot, to see the doors to see if there has been a break in similar to
the one that we just had at Smokey Mountain Pizza. And with the complete screen, it
would make it very difficult and it's -- it tends to attract people that can get back in there
without being seen.
De Weerd: So, I guess, Pete or Sonya, with the addition of those evergreens, would
you work with the police department in the placement of those to assure that safety is --
is considered in their placement?
Friedman: Madam Mayor, Council Members, yes, we would. And I would also bring
Elroy into those discussions. Being the city arborist, he could help us with size, species,
location, things like that. So, we, factually, achieve two -- two objectives. One is
providing some verticality in the back there to kind of soften that -- that long blank wall
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January 6, 2009
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and, yet, maintaining the surveillance or the openness that the police department would
need at least for viewing the doorways.
De Weerd: Okay. Thank you. If the developer doesn't want to respond, Council, any
other questions? Excuse me. I would entertain a motion to close.
Zaremba: I do have one more question.
De Weerd: Okay. Mr. Zaremba.
Zaremba: On the condition that the painted block be covered with text coat -- in what is
on the display now, the bottom picture, is that painted block and that's what we are
asking to have covered with text coat?
Wafters: That is correct, Councilman Zaremba. Actually, the Commission
recommended that the entire building be text coated, except for the east elevation for --
the next phase face would abut.
Hoaglun: And, then, Madam Mayor -- Sonya, then, the next phase, if that is required,
then, that next phase would also be required to have that same -- whatever is chosen to
be applied as well; is that correct?
Wafters: That is correct. Unless there were previous approvals on that phase and I'm
not sure -- I think the previous Conditional Use Permit may have included elevations
and construction materials for that, which I'm sure if it did, it required stucco, because
that's what all the previous elevations for this subject building has shown is stucco.
And, therefore, the reason for staff s recommendation that it be constructed as such.
Hoaglun: Okay. Thank you.
Wafters: Forgive me. There is -- there is about -- I think around 19 or so conditional
use permits on this project, so they are kind of hard to keep straight.
Hoaglun: I guess, Madam Mayor, my question is if what we end up approving tonight
for what is existing, I want to be sure -- does that have any bearing on the next phase?
Friedman: Madam Mayor, Council Members, yes, it would have some bearing and we
would probably have to work with the applicant to come back and if, in fact, the actual
Conditional Use Permit approvals for the next phase did include the stucco and we were
to go with at least a block construction on the back, whether it remained painted or
coated or however Council chooses to address it, then, we would probably want to go
back and get a modification to that CUP, so that we are not having to continually kind of
second guess ourselves every time we get a phase of development in here.
Wafters: I'm just -- excuse me. If I could just add to that. I was looking at the
Conditional Use Permit file here and it does appear that we did get building elevations
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for that whole string of buildings there and they do show stucco as a material on the
outside.
Hoaglun: Madam Mayor, then, if I could ask the applicant to -- his thoughts on -- on
what we do tonight is your intent, then, to carry that forward into future phases?
Tamura: Madam Mayor, Council Member Hoaglun, one other thing I explained to the
neighborhood is that because of the retail climate there where we are it, it's difficult for
us to see in our crystal ball what is going to phase two. You know, we went ahead and
included, you know, our best guess of what phase two could be, but it could even be a
freestanding building. Maybe it's a school. You know, maybe it's a day care. You
know, there is a lot of additional things. I think the other thing that we will do is we will
submit a detailed CZC, along with whatever we are going to do in our next phase. So,
our best guess of what we think is going to be in the future. In regards to the finish of
the building, we are hoping that we can improve the painted masonry, because of the
quality of the building, but if we are required to go ahead and -- you know, one is if -- I
don't know if you realize what text coat is, but text coat is kind of a thick textured paint,
you know, but the detailing that we have on all our blocks in the front of the building
would be lost, because of that requirement, because we'd have to repaint our whole
building. Our hope is is that we can approve the building as is. We are -- our full
intention is that future phases will be the same type of construction, you know, a block
construction, you know, metal roofs, steel bar joists, you know, those types of things.
You know, probably use more masonry detailing on the front of the building to
accentuate the building. So, that's what our particulars are, you know. And, plus, we
will go ahead and, you know, do a full submittal, you know, and, again, knowing of what
we have gone through now, we don't have a problem of, you know, resubmitting
additional modifications to our conditional use, so what we are going to do in the future.
Hoaglun: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: While we are still on that subject, Ijust -- I guess the purpose of text coating
it would somehow improve the appearance, but if we are also trying to hide it by adding
three more trees -- I guess the decider for me -- I think you said something that typically
if you know you're going to text coat something, you do it as frame construction, not
block construction that you don't typically text coat a block wall; is that correct?
Tamura: Madam Mayor, Council Member Zaremba, I think that -- I think that Planning
and Zoning's feeling was that -- for some reason that concrete masonry is an inferior
product, unless it's stuccoed, but from -- like I said, from my observation of all the retail
that's being built on Eagle Road and, you know, even the projects built on Overland, all
of the higher quality projects -- and particularly the larger boxes are all built out of
concrete block and all of those prospects -- you know, pretty much a hundred percent
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January 6, 2009
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were all painted masonry and (believe -- you know, particularly, again, you know, what
we are dealing with, the graffiti, you know, things that we have dealt with, that it's our
best interest of our long term maintenance of our project to be able to -- be able to paint
our buildings and, you know, the text coat will, you know, add some additional texture,
but, you know, like I said, you know, it's going to Hain the detailing of the front of our
building, you know, for us to try to text coat those little -- you know, the block detailing --
the scored detailing that we did, because we will lose all of that. So, I think the end
result is going to be far more inferior than what we have now. We went to great lengths
to make sure that our masons did a good job of making sure that we had a nice flat wall.
So, if you look at our building and you drive by it, you really can't tell that it's a -- you
know, it just looks like a flat painted, you know, masonry surface, so -- you know, the
other larger boxes, they look like concrete block walls, so we went to kind of, like I said,
special detailing to make sure that it was a very high standard.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Doug, what does your -- what did your plans show when you got the CZC in '07?
Did it show stucco and wood frame or -- and, if so, is it the same plans that went down
to the building department?
Tamura: Council Member Bird, the CZC that was approved on '07 of -- 02-7, was
designed as a relatively modest wood frame, you know, OSB stucco building.
De Weerd: What you see up there.
Bird: Yeah. That's -- just getting some clarification on the building.
De Weerd: I guess, Doug, hold on just a minute, because I probably have a question
for you, but to staff, is stucco, then, considered differently than the painted, accented,
and all the different treatments they did on the current building, is that not equal or
maybe even considered more esthetically pleasing than just straight stucco?
Friedman: Madam Mayor, Council Members, I think the Mayor really did hit it on the
head, I think from an architectural standpoint or from a building design standpoint, you
would have a stucco or an OSB finish, but you could have -- without the detailing and so
forth, you would have a very bland, uninteresting building. What, in fact, you will hear
later on, what we are trying to achieve with our design guidelines is combining uses,
combining stucco, and perhaps stone or masonry or wood and so forth in combination
to provide texture and so forth. What we did when we responded to the CZC, of course,
is we went with what was approved through the CUP and moved that forward to building
-- and signoff for building, without making any, you know, qualitative judgments on it,
because we were going by what was approved in the Conditional Use Permit.
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January 6; 2009
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De Weerd: Well, don't you agree with the applicant, though, if you did the stucco
treatment you would lose some of the esthetic detail and differences that currently
exist?
Friedman: You
looking at those
not the facade
applicant --
could. I think we
areas of the blank
changes. I think
vere looking at, Madam Mayor, Council Members,
walls or the construction -- construction block and
the front facade, yeah, I would agree with the
De Weerd: So, primarily, you're looking at the two sides and the back having some kind
of -- even if he did a -- a two tone with paint that would help break up that back wall.
Friedman: If -- Madam Mayor, Council Members, if the Council were inclined to provide
some relief back there short of stuccoing it or text coating it, I think we could work with
our staff, with Will Thornton and the applicant and if you give us the parameters,
whether it's painting -- a combination of painting, landscaping, things like that, to kind of
provide a little more interest or break up some of that blandness of the long wall there.
De Weerd: Well, yeah, because all I see in the first -- the CZC is one blank wall of
stucco and now you have one blank wall of painted concrete, so you're trying -- the
objective here is to break it up; is that --
Friedman: I think the -- Madam Mayor, Council Members, the original objective in going
forward was trying to stay with -- within the spirit of the original conditional use approval
and I think the Planning and Zoning Commission, in their deliberations and based on
some of the testimony they received, thought, well, maybe stucco isn't the best way to
go . at this point, particularly given the fact the building's been built. So, their
compromise was the text coat, which could be applied to the existing brick in and of
itself, rather than requiring the stucco. Again, if the Mayor and the Council are inclined
to want to do something different back there, give us some parameters, we would be
happy to come up with some ideas for that or work with the applicant, whether it be
through a combination of painting, landscaping, something like that.
De Weerd: Doug, I guess my question to you is in talking with the neighbors -- and
maybe we can ask Mr. McDaniel for a response as well -- what -- what are they looking
for? Are they hoping to break up that big blank wall and do you have some ideas of a
compromise to help reduce the boredom of a blank wall or what?
Tamura: Madam Mayor, you know, in all the conditional use meetings that I have had, I
have really only had one turn out and we had the potential of a tire store in the front out
pad in between the Smokey Mountain Pizza and the car wash and we probably had a
dozen neighborhood, you know, show up for that meeting and protest, you know, that
type of user and I told them because of the support of the neighborhood that I would
back off on trying to get one of those uses approved, even though it's an allowed use in
the general commercial zone. Other than that, the input of the neighborhood, with the
exception of Jack, which is the guy that lives directly behind our building and his
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January 6, 2009
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objection to the color of the building, I haven't had any, you know, comments directed
towards our project, except for Ryan's, you know, comments that he's made. You
know, the additional nine neighbors -- you know, I'm assuming that Ryan is speaking to,
you know, until this evening I haven't had any input that we are doing anything wrong.
In regards to that rear wall, again, that was what was approved in the CZC in reviewing
all the other commercials that's along Eagle Road, it's -- that's just kind of the standard
construction type of the back of a shopping center. The one thing that I could suggest
to break that up -- we wouldn't have any problem of going ahead -- we have got service
doors that -- that access the back of the building, so, you know, I wouldn't have any
problem of accenting or repainting all those doors and frame to go ahead and break that
up. The down spout that we have there, I'd like to have them stay invisible, so I'd like to
keep them painted the same color as the wall color. I think the addition of the three pine
trees, you know, plus the four ashes that we have, will -- you know, particularly will
break that elevation up, but as far as the neighborhood complaining about a blank wall
in the back of a building, I think that's just the nature of the beast and we .really haven't
had any comment. Really, the only comment that I've had was those lights in the front
of the building, but we are planning on removing those from the site lighting.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: We are not looking at it right now, but my recollection of the elevation
provided with the CZC was that along the top -- I'm refemng to the north wall of the
building, which is the --okay. That appears to have some kind of a soffit or a decorative
treatment at the top of it that is not appearing on the existing building, so that would
have been some interesting treatment that isn't currently there. I like your suggestion of
painting the doors a different color, as opposed to having to do all of the stucco or
adding the soffit orany -- anything like that. But just -- and I'm trying to remember which
building it is. It may be the back of the Lowe's or it may be the back of the -- is it a
Target that's on Eagle and Chinden I think, where it is a flat wall like you have now, but
like three-quarters of the way up the wall they painted a three foot high altemate stripe
all the way across the top, which if you're going to repaint the doors, for instance, to a
darker complimentary color, adding a stripe like that to me would satisfy the problem
and that's just me. I'm not convinced that we gain anything by trying to stucco over this
and, then, painting the stucco -- I think working with what's already there, painting doors
an altemate color and maybe adding a painted stripe at somewhere between the doors
and the top probably would satisfy me.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Sonya, did I understand you right to say that -- that the tree buffer you want -- in
the back you wanted to be able to cover 70 percent of the building, is that what I heard?
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January 6, 2009
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Wafters: Madam Mayor and Councilman Bird, yes, that is per the staff --
Bird: And we are worrying about how painted it is when you're only going to be able to
see 30 percent?
Wafters: Doug's asking for a lesser amount of trees to be planted than what staff
required. However, it looks like the police may have, you know, an issue of crime there.
De Weerd: I think it's all in the placement, but let's ask Mr. McDaniel for his comment
and, then, hopefully, we can wrap this discussion up.
McDaniel: Ryan McDaniel. Thank you very much and did want to just echo that Doug's
done a really good -- or Devon Park, LLC, has done a very good job with the entire site.
Sonya, may we, please, put up the photo that shows the wonderful front -- or south
facade and, then, the rear facing on the bottom? From an urban design perspective I
can see we have a modulated building material front facade that's very interesting. It
has depth and height and it has variable cornices and it's also featuring soffits and
multiple different sorts of masonry, as well as different color schemes associated with
the wonderful the roof and there is a bike rack in the front and some great landscaping.
De Weerd: We like the front, too.
McDaniel: The south facing, the top picture. The rear of the building to me bears to
semblance toward the front of the building, with the exception of the color. I would
describe it as a DVD player. You can see where the plug goes in. Sort of funny. Meant
to be a joke, but maybe not. Can we go to the photos that show Kohl's and Lowe's from
the rear? I did want to move on to just a few things and, then, I'm going to wrap up. I
really appreciate your patience and thoughtful consideration. The developer mentioned
the retail tire outlet facility and we did come and we showed videos of impact wrenches
and showed that those were not compatible uses abutting a residential zone and the
developer was amicable to that and we are not here under that pretence and we are in
support of the developer on variable components. Secondly, the school day care are
not permitted under the development agreement and those are two things which, again,
this is the change element that's sort of a shock for us, because we are not
professionals to keep up with this as a whole. Thirdly, the original building was
approved with textured coating and a soffit cornice in the rear and that was not the
building that was constructed. Also, all of the buildings on Devon Park one and Devon
Park two have a textured coating on their rear facing walls. This is the only building that
would not have that and it faces a street. There are other buildings which face property
lines which have more interesting architecture. And, lastly, if it's going to come down to
the esthetic appearance of the wall being textured or nontextured, varying elevations,
depths, colors, and other interesting architectural elements, we would prefer to place
emphasis on that, rather than stick that out for the trees, because the trees may pose a
public safety hazard as a possibility and so with that we would be willing to let the trees
go, but, really, we want to make sure that we are using quality building materials and
staff identified this is not being of quality building material. The P8Z recommended the
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January 6, 2009
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same. We are in support of P&Z and staff and you in recommending an interesting
back of this building be constructed. Oh, yeah. One last thing. Go up to the second
building or the first building. I don't have a mouse, so it's hard forme.
Wafters: Which building?
McDaniel: Lowe's. All right. That one. Do you see the elements which I have just
described? We have a depth element, we have a soffit, we have a parapet or a cornice
and we also have surveillance and multiple colors and there was one other one that was
pretty interesting earlier. I'm glad we were shown these today.
Hoaglun: I think, Mayor, he's the first one we have ever had that picked up the pen and
actually did something with it.
De Weerd: You're far ahead of every applicant we have had.
McDaniel: This rear of the building -- I'm not sure which one it is. You can see that it is
also textured and has interesting architectural elements. And with that I will just end
and I thank you again.
De Weerd: Thank you.
McDaniel: Is there anything else?
De Weerd: No. No questions. Pete.
Friedman: Madam Mayor, Council Members, I'd kind of like to help you bring this to a
little closure tonight.
De Weerd: That would be appreciated.
Friedman: What I'd like to do is recommend that we continue this until the 27th and give
-- give our staff -- give Will Thornton an opportunity to kind of take some of your
direction and your thoughts about what could be done to at least nonstructurally give
some interest to the back of that building and maybe work with Elroy in terms of some
tree placement and numbers of trees and things like that and, then, come back to you
with a recommendation in a couple of weeks. Will's a trained architect and if you have
some parameters you would like to provide us with and just allow him to kind of explore
some options on that, so that -- if that's acceptable to Mayor and Council.
De Weerd: I don't know if it's appropriate for us to design it, other than if the Council
would ask the applicant to come back with something that they would like to propose
that we can respond to or perhaps Doug can work with Will and see what you can bring
back in a week or two. Doug, does that work for you?
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January 6, 2009
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Tamura: I would be more than happy to work with staff on some alternatives on that.
So, is our main concern just that back elevation?
De Weerd: It sounds like that's the primary concern. I know that staff was not
concerned with the east end. The west end had windows wrapped around the side, so
it definitely broke it up, but, Council, did you feel something more than just the back side
of that building needed some further discussion?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I felt that the south and west ends were an improvement from what was
originally there. It is the north end that I think some kind of treatment needs to be done
to. My question that I would add to that is since we are really talking about esthetics, do
you have anybody ready to occupy it that we would be delaying on this and -- for the
esthetics, which I think we can work out?
Tamura: Council Member Zaremba, potentially we have a -- we just met with a tenant
today that would like to occupy the first of March. If there is a way that we could
potentially -- you know -- and that's why I put that one condition in there that if we could
bond around a situation of whatever the Council decides. You know, again, I think our
biggest detriment is if we had to change the texture of our building. You know, whether
we add additional paint or additional landscaping, that's fine with me. But if we can go
ahead and somehow bond around that, that we would go ahead and submit for TI or if
there is a way that we could go ahead and at least let us submit for a building permit,
have that process going, you know, prior to the hearing on the 27th. You know, those
are some ideas, maybe, that we could work with.
De Weerd: Pete.
Friedman: Madam Mayor, Council Members, I -- you know, again, I think if they come
back with some ideas to work with Will on, that would be appropriate. I do think one
thing we do need to resolve also is the trash enclosure. It is not in a location that would
be approved by SSC and we really do need their input. It also is not of a design that
would have met our standards and so we would like to see that located in a place where
SSC can get to it and have it be designed consistent with city standards.
De Weerd: Mr. Hoaglun.
Hoaglun: Madam Mayor, I --that was one of my comments I wanted to add. You know,
I wanted to see -- I don't think this project needs stucco or text coating in the back, I
think if there is a way just to kind of break it up at a -- without spending a whole lot of
money, I don't think we need to be onerous here on this project, but at the same time
I'm a little leery of making neighbors -- you know, the design review team, because, you
know, like color, everyone has their own ideas of what it should be and we will just be
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January 6, 2009
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chasing our tail all the time, but the trash deal did bother me. I think we need something
that would be approved by SSC and something that's functional and not necessarily out
front, so that's where I was going. If we were to keep going on that, that would be
something I would be wanting to fix for tonight.
Tamura: Madam Mayor, Council Member Hoaglun, if we can condition the additional
trash enclosure that we'd have installed prior to occupancy of the tenants, we would be
more than happy to go -- because I think that would give us enough time to be able to
have asphalt and access, you know, our rear trash enclosure located behind the
building. So, if we can condition it like that, that we could have that prior to occupancy
of the space, we would be more than happy to go ahead and add an additional trash
enclosure.
Hoaglun: Okay.
De Weerd: So, I guess, Doug, is a week enough time? Do you need two weeks? And
that would be a question for you.
Tamura: You know, I'd be willing to meet tomorrow. So, if we could schedule for a
week would be --
De Weerd: Okay. And --
Tamura: -- would be my preference.
De Weerd: -- I guess I would ask staff -- we don't want to delay a TI because we are
trying to find something that we can approve and have it in front of us, but at least
accept the -- the plan, so that the review can begin and we don't delay a building permit
for a TI.
Friedman: Madam Mayor, Councilmen, if he submitted for a CZC and the TI, of course,
we would go through the normal review process, but they would not be released until
Council has made a final determination on this review.
De Weerd: So, you can do it concurrently. If Council takes action next week, it could
be released at that time; if the review were done?
Friedman: He'd have to submit the CZC after Council review, because right now he's
not in compliance with any of his permits.
De Weerd: Okay. I guess if Council asks that you can run this concurrently, can you do
it?
Friedman: I'm not sure what he can submit. If there is -- I'm just trying to think on the
internal TI if he could probably have those under plan review. So, since he doesn't
know what to submit for the CZC, the only thing I can think of is we are going to have to
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January 6, 2009
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walk this very carefully with building, so that we can coordinate with an approved CZC
when the TI plans have been finished and reviewed.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Doug, how long -- how long is it going to do to take -- do your TI to get them in by
March 1st? When do you have to start?
Tamura: Typically it takes us a month to do a TI.
Bird: How much?
Tamura: A month. So, if we could have a building permit ready by the first of February.
Now, in regards to the TI, I don't believe a CZC is required for a TI, you know, since it's
just an interior building permit. I'd have to check with the building department, but I --
Friedman: Well, actually, you probably need to check with us, because we are the ones
that issued the CZCs and since we don't have an approved -- since we have a plan that
is out of approval right now, unfortunately, we can't issue the CZC, which would be
necessary to secure that building permit. So, what we are trying to do, as indicated, is
trying to facilitate at least a review of those internal structural components for the TI, but
allow us to come to some closure on this and, then, process the CZC.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Pete, if we -- if we was to act on this next week and was positive, he would --
then, he could apply for his TI immediately. He can't apply now -- I know he don't have
to have a CZC, but the building has to have one and he don't have one.
Friedman: That's correct.
Bird: And so for his TI you don't have to have a -- apply for a CZC, but the building has
to have one and right now this building don't have one. So, if we pass it next week,
surely a week to ten days we could get him a building permit, couldn't we?
Friedman: And, Madam Mayor, Council Members, we could -- we could condition -- or
we could work with building to condition that TI that they go ahead and review it, but it
not be issued until the CZC is -- is approved and should Council -- or when Council
approves this matter, disposes of this matter, it could be in the next day also for a CZC
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review in addition. So, we could have the TI going, we could have the CZC going
literally the day after Council disposition on this matter.
De Weerd: Okay.
Bird: Is that agreeable?
De Weerd: That was what my question was.
Friedman: Sony if I didn't answer it directly.
De Weerd: Okay.
Tamura: That would work for us.
De Weerd: Okay. Anything further from Council, then?
Bird: One thing.
De Weerd: Mr. Bird.
Bird: Madam Mayor, I move that we continue public hearing AP 08-007 to January
13th, 2009.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to continue this item to next week, the
13th. All those in favor say aye. All ayes. Motion carves.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 19: Public Hearing: CPA 08-011 Request to amend the Comprehensive
Plan by adding the Design Manual as an addendum for Design Review
by Meridian Planning Department:
Item 20: Public Hearing: ZOA 08-002 Request to amend and add to the current
provisions of the Unified Development Code (Title 11 of Meridian City
Code) relating to adoption of a new administrative design review process
and associated implementation procedures for Design Review by
Meridian Planning Department:
De Weerd: Okay. Item 19 is a public hearing on CPA 08-011. This is design review.
Mr. Nary, would I open both 19 and 20 or one at a time?
Nary: Madam Mayor, Members of the Council, I think you can open them all, because I
think it's all related, so --
Meridian City Council
January 6, 2009
Page 49 of 59
De Weerd: Thank you. Item 20 is a public hearing on ZOA 08-002. I will open these
two public hearings on Items 19 and 20 with staff comments.
Friedman: Thank you, Madam Mayor, Council Members. While Will's getting set up
here, I just want to give you some background on where we are at tonight. Tonight
actually culminates nearly two years of work on the city's expanded design review
process and guidelines. It's a Comprehensive Plan amendment that would adopt the
Meridian design manual as an addendum to the Comprehensive Plan and, then, we
have some, attendant UDC amendments that would help us implement design review.
There is some amendments on applicability, on processing, and so forth. Between
January and June of 2008 Meridian Planning staff and the design review steering
committee made up of 13 professionals and developers, landscape architects, and
architects, as well as Council President Rountree, met to work on the draft guidelines.
Upon completion of that draft, staff took it around throughout the community, we made
presentations to the Meridian Chamber of Commerce, Economic Development
Committee, the Building Contractors Association, the Development Council, the Ada
County Realtors Association, and the Central Idaho Section of the American Institute of
Architects. You will recall that back in September Council, Mayor, and the P&Z met and
received a very detailed presentation by Will Thornton on our draft guidelines and we
were looking -- you know, making sure all the way along that we were headed in the
right direction. Finally, this culminated with a public hearing before the Planning and
Zoning Commission on November 20th of 2008. In attendance at that meeting,
speaking in favor of the proposed amendments, were Casey Huse and Westcott
Edwards. There was no opposition. There was nobody generally commenting. In
terms of written testimony, there was a letter from Steve Martinez of the Building
Contractors Association expressing concern about -- in essence -- I will paraphrase it --
another level of regulation and just wanting to caution us about the kinds of legislation
we might be passing and its effect on the building industry. We also received a letter of
support from Mr. Westcott Edwards. Upon completion of the hearing there were no real
key issues that were brought up by the Commission and -- but there was a couple of
changes to the staff recommendation and they brought up a question about what would
be, in essence, the -- the life span of a design review approval and we said, well, it
made sense that we could tie it to an underlying permit, for example, if it were a
Conditional Use Permit, then, the design review associated with that Conditional Use
Permit would be the 18 months that the Conditional Use Permit has a life. If it were a
CZC, it would run with the life span of that CZC if it weren't exercised. So, with that, the
Commission did recommend approval and subsequent to that there is really only one
outstanding issue and it was one that staff has raised and I think our previous
discussion kind of highlights it, it's one of those matters of our internal communications
with the building department. When we were meeting with you, the direction we were
given is that design review should apply to single family attached and duplex structures.
Currently, those are not required to obtain a CZC, so under our current regulations it's
likely that a building permit application could be made for a duplex or single family
attached structure, go straight to the building department, we would never see it, thus
we would never see it for consistency with the design review. So, after discussing it
Meridian City Council
January 6, 2009
Page 50 of 59
with the inspection services, the recommendation from them and our recommendation
is that in addition to the various text amendments -- UDC text amendments that are
included with the Planning Commission recommendation, is that there be an additional
amendment that would remove the exemption of single family attached dwellings and
two family duplex dwellings from the applicability provisions of the certificate of zoning
compliance. In other words, duplexes and attached -- single family attached would
require CZC and, thus, be subject to design review. So, with that background, I'm going
to tum it over to Will for a presentation on the guidelines and, trust me, this is the
abbreviated version from what you saw back in September. So, with that I will tum it
over to Will for his presentation.
Thornton: Madam Mayor, Members of the Council. Thank you, Pete. As Pete says,
this is the abbreviated version that was also shown to Planning and Zoning
Commission. It's, basically, just a setup of how the manual is organized, what it
contains, and what its purpose is. These are some of the major objectives that went
into design review overall, but were incorporated into the manual. There was a need to
organize a hierarchy for development based on appropriate context throughout the city.
There was a desire to encourage creativity and innovation in development. There was
a need to provide direction for development and help them create quality built
environments. And the city's desire to promote and create an attractive and livable
community. The manual creation, it began with staff research on design review and
related topics. Staff developed an organizing tool to assign design guidelines and direct
development to appropriate context. If you recall, that would be the development
matrix, which we will see later. Staff drafted design guidelines and we convened a
steering committee to help review those and direct those guidelines. And the steering
committee consisted of architects, developers, builders, and other representatives from
the community. This is the -- the design manual that was created. We have had a draft
that was dated in October on our -- available on our website for the past few months.
There is the contents. The contents contain an introduction, a set of guiding principles
similar to the guiding principles that were found in the previous downtown guidelines.
There is an applicability section which minors the applicability in the UDC code
changes. There is a how to use the manual. And, then, the manual is divided into five
sections, one for addressing development context and for the guidelines themselves.
And, then, followed up with an appendix for terms and definitions. Section A is for
development context and character. This is where we find the matrix and it helps
establish development hierarchy for the city and directs developers and development to
fit within a context and create quality environments. And it also leads potential
development to a set of guidelines that would be most appropriate. Here is the section
-- Section A also contains the development matrix. The applicability of the matrix would
apply to anything -- any applications that are subject to administrative design review.
And, then, it's also encouraged for other planning and anticipating appropriate growth
and development context. It can be used as a tool for future development. The
structure of the matrix -- it's a five by five, it consists of three groups, land use, our
zoning, and the development categories. And its purpose is to integrate comprehensive
planning on our zoning code and the appropriate and anticipated development hierarchy
and context. Here is a close-up view of the. matrix. There are 13 squares that we call
Meridian City Council
January 6, 2009
Page 51 of 59
matrix results and each square contains a number and a letter that represents zoning
and land use group and an associated value or color that would refer to the
development character. Here is the general process and use of the matrix. This is the
sheet that's contained in the manual and here is a close up of that process. We begin
by taking information from the subject property on its land use, if it has a current zoning
or a proposed zoning. Its uses, intensity of those uses, and what's going on or what's
planned in the surrounding area. We use the matrix to determine a result. That result
refers to a general development context and, then, that context determines applicable
guidelines. And, then, development would use those guidelines, the context, and the --
ourzoning code to cant' out their project and meet design review. This is a summary.
This worksheet summarizes the process. It contains all of the groups and our land use
designations, our zoning districts, and the development categories. Okay. So, the --
the remaining four sections of the manual contain the guidelines and they are divided
into four sections. Section B is for urban development. Section C is for an urban
suburban development. And these are intended to focus on creating transitional areas
throughout the city between intense uses and densities and lower uses and intensities.
And, then, the third category is Section D, which is for suburban development. And,
then, these three categories are divided -- have guidelines and they are --the guidelines
are divided into site character, which addresses topics such as access and connectivity,
orientation and layout, parking and public and open spaces. There is a second section
that deals with architectural character or the appearance of buildings and structures.
They tend to focus on building scales, building form, architectural elements and
materials. And, then, there was an opportunity to address specific criteria. In this case
neighborhood centers under Section D, suburban. This is the third category. And they
are -- in addition to the guidelines, the site and architectural guidelines, and they offer
additional guidelines for specific types of development. And, then, the final section is for
residential developments and the guidelines contained in this section are based -- are,
basically, general guidelines for residential developments and they are intended to be
used with an appropriate section, either urban, urban suburban, or suburban. And
Section E also contains guidelines for site, guidelines for architecture. And, then, finally,
we have terms and definitions. And so that's how the manual was set up, created, and
its contents.
De Weerd: Council, any questions?
Hoaglun: Just a comment, Madam Mayor. It's kind of nice to see something that I
actually saw the first time it came through.
De Weerd: I know. I told him the honeymoon's over. Hearing nothing, this is a public
hearing and I would open it up for any public testimony. Good evening.
Edwards: Good evening, Madam Mayor, Council Members. My name is Westcott
Edwards. I live at 3486 West Angelica Drive in Meridian.
De Weerd: Thank you.
Meridian City Council
January 6, 2009
Page 52 of 59
Edwards: I am the principal and owner of Ruby Edwards, architecture and design. I'm
also the president elect for the AIA, Idaho Central Section, here in the Treasure Valley.
In early of 2008 I was contacted by the planning staff to participate in the steering
committee to draft these guidelines. It was my pleasure over the course of last year to
work with them on -- on that committee. It was -- we had extensive discussions over the
language in that -- in the guidelines that allowed them to be that, guidelines, and not
strict, rigid, principles that are hard to -- as far as the architectural and development
community, to work around. In other communities they are pretty strict and if you're in
C-4 zone you have to use XYZ materials. And we were -- I think the process which the
planning staff and our committee worked through is that we were able to establish
parameters that recognize that good design can come in various ways. It doesn't have
to be through specific materials, it's doesn't have to be inflexible. It was our pleasure
that -- to see that they set a goal, an objective, so that we in the design community
understand what the city wants to see in each of those guidelines and allows us the
freedom and flexibility to -- to derive at a solution to accomplish that object. It's my hope
that if these are adopted tonight, that issues that were in the previous agenda item can
be avoided. I have been practicing architecture in the Treasure Valley here for almost
12 years now and it's been my passion to try to get the development, especially in
Meridian, to become more than just aone-sided architectural approach. There was
previous testimony tonight on the other application that it was the nature of the beast
with these big developments to have these big expansive, long block walls on the back
of buildings. It doesn't have to be and it doesn't have to cost a lot of money to make
them appealing and I think through -- through the steering committee and with the
planning staff, we have been able to draft these guidelines to make that feasible. I think
that the -- you know, the -- some of the other concerns that I have heard personally
were just mainly over the matrix in trying to understand the matrix. But I think Will's got
it down -- explained it well enough tonight that it's -- it's getting easier to understand and
I think as the applicants come forward with their design review applications, they will be
able to -- the staff will be able to walk them through that process pretty easily. It's also
my feeling that as these design guidelines go forward that it will continue to make
Meridian a place that developers and development is encouraged to come and make
Meridian a better place and a better place for us all. And with that I will answer any
questions, if there are any.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you.
Zaremba: Thank you for your work, your contribution.
De Weerd: Yes. Thank you. Any other testimony? Okay.
Bird: Madam Mayor?
Meridian City Council
January 6, 2009
Page 53 of 59
De Weerd: Yes, Mr. Bird.
Bird: I did not see -- maybe Imissed -- the letter from the BCA. It's not in our --
Friedman: It was in the packet. It should have been transmitted. Let us pull up the
staff report on that for you.
Bird: I couldn't find it here. I could have missed it, Pete.
Friedman: That's all right. We will get it up for you.
De Weerd: I remember seeing it, but don't -- not in the packet, but when it came out.
Canning: Madam Mayor, while there is a pause I might -- I notice some concern with
regard to some of the residential discussion and if I could back up a little briefly and
provide a little more detail on that. With regard to detached single family housing, what
we have provided is some general guidelines that the Council may or may not wish to
include within a development agreement that would just kind of set the standard for
what the city expected of detached single family homes. With regard to the attached
homes and duplexes, we don't get many in the City of Meridian. They have been a
problem in the past. You may remember the property on the southeast comer of Ten
Mile and Pine had attached duplexes. So, they were, essentially, four-plexes, but they
were attached duplexes and because they were attached duplexes they slipped through
the system without a review by-the Planning Department and the buildings that were
built did not match what was approved by Mayor and Council and was significantly
worse, unfortunately. We learned from that and in most cases where folks have
proposed duplex, we have written in as part of the plat conditions or the conditional use
conditions or the DA provisions that they come in for a certificate of zoning compliance,
even though the code doesn't really require it. So, it's not a significant onerous
requirement or an additional onerous requirement than what we have been generally
requiring. This would just codify it, rather than make it on a case-by-case basis, which
is probably more appropriate. So, I did want to provide a little bit of that background,
because we have -- there have been issues -- most of the time those duplexes or
attached single families, we are aware of them when they -- when they enter the
process. There may be cases -- limited numbers where an older home is removed from
perhaps some of the areas around Old Town where someone puts up a duplex, so that
would be a new application of that. But again -- and it's probably an appropriate
application as well. So, I just wanted to provide that clarity on that issue.
Hoaglun: Madam Mayor?
De Weerd: Yes.
Hoaglun: I did have a question along that line, because as we expand into rural areas
with these subdivisions, there are older homes sometimes that are -- they are inside the
subdivision, but they are older homes and, then, they get eventually tom down and
Meridian Ciiy Council
January 6, 2009
Page 54 of 59
something -- part of the subdivision. How does that work -- how would this fit in that
situation? What's the oversight, what happens in that situation?
Canning: If it was a single family detached home, nothing. They would -- they would go
forward.
Hoaglun: Okay.
Canning: With just a building permit.
Hoaglun: Okay. Great. Thank you.
De Weerd: Any other questions from Council? Okay. Council, we have a public
hearing that's open. If you have no further questions for staff or comments of -- flowery
comments of gratitude and job well done for Will, I would entertain a motion to close the
public hearing.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I would say nice work and nice presentation both.
Canning: Madam Mayor, I think there is other folks in the audience that --
De Weerd: Right. I had asked --
Canning: Okay.
De Weerd: -- but no one moved. Would you like to provide some testimony? Good
evening.
Whalen: Good evening. Madam Mayor and Council, my name is Brandon Whalen. My
address is 3605 Kippling in Boise. I was one of the members of the steering committee
and I would just like to say that staff did do an excellent job stewarding us through this
process, because they were very clear that they did not want this is to be onerous
regulation and to be strict and to hinder development as the developer would see fit. I
think that it was crafted in a way to insure there was quality development and insure that
they acknowledge the existing built environment and that things would relate to one
another, but they did not construct it in a way that it would be problematic or raise costs
or just be onerous. So, I think that the -- the staff did -- the gentleman from the building
association -- I think that -- I think that his concerns were felt throughout this entire
process and so I was proud to be a part of it and I think it will be a good development
tool for the City of Meridian.
De Weerd: Thank you for your comments. Any questions?
Meridian City Council
January 6, 2009
Page 55 of 59
Bird: Yeah. Mr. --
De Weerd: Sir.
Bird: Mr. Whalen. Mr. Whalen.
Whalen: Yes.
Bird: Are you a developer, builder, architect?
Whalen: I work for Hawkins Companies, which is a commercial development firm in
Boise.
Bird: Okay. Know of you quite well.
Whalen: Yes.
Bird: Thank you.
Whalen: You're welcome.
De Weerd: Appreciate your involvement as well.
Hoaglun: I just had one quick question for staff. Then, that addition for the duplexes
and single family homes, is that incorporated already in the comprehensive -- in the
amendment to the Comprehensive Plan or is that something that you needed additional
to tonight?
Friedman: Madam Mayor, Council Members, we just -- we have that as a
recommended amendment to the amendments, so we have that specific section that we
would request that you include with all the other amendments. And that would be to
also include text change to UDC Section 11-5B-1 B.
De Weerd: Okay. Anything further from Council? Or staff? Council, would you like to
close the public hearing on this one?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move that we close the public hearing on CPA 08-011 and ZOA 08-002.
Zaremba: Second.
Meridian City Council
January 6, 2009
Page 56 of 59
De Weerd: Okay. I have a motion and a second to close the public hearings on Item
19 and 20. All those in favor? All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of CPA 08-011, request to amend the Comprehensive Plan
by adding the design manual as an addendum for design review and also that we
approve ZOA 08-002, request to amend and add to the current provisions of the Unified
Development Code relating to adoption of a new administrative design review process
and associated implementation procedures for design review.
De Weerd: Thank you. I have a motion. Do I have a second?
Zaremba: Did the maker of the motion want --
De Weerd: At least a second for discussion.
Hoaglun: Oh, yes.
Zaremba: Second first. Okay. Now --
Hoaglun: I'm sorry. And also I meant to include the staff recommendations that they
have provided to Council regarding the expiration of permits and also for the changes
removing single family attached dwellings and two family duplex dwellings language
that they have also provided.
Zaremba: Second.
De Weerd: I have a motion and a second. Discussion? Hearing none, Madam Clerk,
will you, please, call roll.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Meridian City Council
January 6, 2009
Page 57 of 59
Nary: Madam Mayor, Members of the Council, just for your -- I guess just for your
information, we will be bringing back a resolution on the CPA and, then, an ordinance
on the ZOA. So, just so you know you will see that again on your agenda.
De Weerd: Thank you, Mr. Nary.
Hoaglun: And I would assume, Madam Mayor, this is just the beginning, there will be
some tweaks and fixes and things as we go along in this process as we -- as they learn
the process, the developers and everyone else, and you work with it, I think there will be
some fine tuning to the whole thing.
Friedman: Madam Mayor, Council Members, absolutely. We already have had some
discussions in house and as I also recall when we had one of our last Council briefings,
Council President Rountree had expressed his desire for --once we are up and running,
coming back to Council in about six months or so to give you a status report on how it's
working, you know, the -- all the good and the not so good. So, Will and I in our
discussion today, we were talking and saying, well, you know, let's mark down June --
somewhere around the end of June to put together a status report to Mayor and
Council.
De Weerd: Thank you. I'm sure that pleases Mr. Bird.
Bird: I'm sure that we will not only hear from staff, we will hear from developers and
builders if there is problems. I hope there isn't.
De Weerd: Well, what we have found is no matter how hard we try to see it from every
angle and consider every pothole, it's -- it's absolutely impossible, but what staff has
always been committed to is finding those potholes and seeing how we can fix them.
So, we appreciate all of the efforts by the Planning Department, by the group that
supported it and fed comments and made it a valuable tool we hope to see
implemented soon.
Friedman: Thank you.
De Weerd: Did you have --
Friedman: I just wanted to -- Madam Mayor, Council Members -- in fact, it was
interesting, because we were in a pre-app today and we have a potential developer
coming to the city and their architecture is of a corporate nature and so sort of in
keeping with our customer service ethic, they said, well, you know, we have a -- kind of
a standard form of architecture and he said we agree with you, we understand that, we
know that, and we said we are about ready to put out some guidelines, but Will is
available to work with your designers, recognizing there is certain things you require
and certain things we want to look at. And so they were very open to that and their
designer will be in touch with Will, even before they move forward with any of their
applications. So, that's -- and that's something we have committed to all along is that --
Meridian City Council
January 6, 2009
Page 58 of 59
as part of the education process it's just willing to meet and discuss these with -- with
our clients.
Item 21: Ordinance No. AZ 08-004 Request for
Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-
8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC -
east of North McDermott Road, west of North Black Cat Road, south of
Chinden Boulevard & north of Ustick Road including the southeast and
northeast comers of West McMillan Road grid North McDermott; and near
the southwest comer of West McMillan Road and North Black Cat Road:
De Weerd: Okay. Item 21 is Ordinance No. 09-1393. I would ask the City Clerk to,
please, read this by title only.
Holman: City of Meridian Ordinance No. 09-1393, an ordinance AZ 08-004, The Oaks
Subdivision, for annexation of a parcel of land located in the northeast one quarter of
the northeast one quarter and the northwest one quarter of the northwest one quarter of
Section 33, the south half of the northeast one quarter and the south half of Section 28,
all located in Township 4 North, Range 1 West, Boise Meridian, Ada county, Idaho, as
described in Attachment A and annexing certain lands and territory situated in Ada
county, Idaho, and adjacent and contiguous to the corporate limits of the City of
Meridian, as requested by the City of Meridian, establishing and determining the land
use zoning classification of said lands to R-4, low density residential district, R-8,
medium density residential district, and R-15, medium high density residential district in
the Meridian City Code, providing that copies of this ordinance shall be filed with the
Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission,
as required by law, and providing for a summary of the ordinance and providing for a
waiver of the reading rules and providing an effective date.
De Weerd: Thank you. You have heard this ordinance read by title only. Is there
anyone who would like to hear it read in its entirety? Seeing none, do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance 09-1393 with suspension of rules.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve Item 21. Madam Clerk, roll
call, please.
Please-roll-call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
Meridian City Council
January 6, 2009
Page 59 of 59
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: We are at the end of our agenda. A little bit longer than I thought it would
be. Do I have a motion to adjourn?
Bird: So moved.
Hoaglun: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you.
MEETING ADJOURNED AT 9:52 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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