HomeMy WebLinkAbout2012-09-18~~E IDIAN:---
CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, September 18, 2012 at 7:00 PM
1. Roll-Call Attendance
X David Zaremba X Brad Hoaglun
O Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Gordon Slyter of Treasure Valley Worship
Center
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved (Pg 2-4)
A. Approval of Award of RFQ and Master Agreements for
Professional Services and Authorize the Purchasing Manager
to Sign the Non-Financial (Zero Dollar) Master Agreements
with the 18 Firms Listed Below in the Following Categories:
• 1B-Water Supply and Distribution Engineering -Waterline
Construction, Rehabilitation, and Reconstruction
/Replacement Design. (Civil Survey, JUB, Keller)
• 2B-Wastewater Collection and Treatment Engineering Lift
Station Design and Consultation. (JUB, Keller, Murray Smith
& Associates)
• 7A-Elecfrical Engineering - Water and Wastewater Control
Systems and SCADA System Design and Programming.
(CH2M Hill, Control Engineers, DC Engineering)
• 8A-Environmental Engineering -Reclaimed Water Program
Development, Design, Etc. (Brown & Caldwell, CH2M Hill,
JUB)
• 8B-Environmental Engineering - NPDES Stormwater
Consulting; Environmental Assessment for NPDES
Meridian City Council Meeting Agenda -Tuesday, September 18, 2012 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Permitting; Wetlands Delineation and Wetlands Mitigation,
Stream, Wetland, and Riparian Environment Restoration
(Brown & Caldwell, CH2M Hill, HDR)
• 10A- Geographic Information Systems G/S System
Development and Upgrades. (Brown & Caldwell, JUB,
Resource Data)
6.
7
8.
B. Agreement for Professional Services with Kathy Drury-Bogle
Consulting, LLC for Human Resources Consulting Services
C. Pressure Reducing Valve Easement Agreement with Logan
Kinney
D. Final Order for Approval: FP 12-018 Reserve No. 2 by ERD,
LLC Located West of N. Locust Grove Road and East of N.
Jericho Road Request: Final Plat Approval of 14 Residential
Lots and 2 Common Lots on 5.01 Acres in an Existing R-4
Zone
E. Ratification of the Approval and Release of Beer, Wine and
Liquor License Transfer for Colco Investments Co., dba Bill n
Lynns Place to Brigette S. Wallace dba Construction Zone Bar
& Grill Located at 229 West. Franklin Road
F. Resolution No. 12-872: A Resolution of the City of Meridian
Amending the Policy and Procedure Manual Policy 4.3.1 -
Leave Pool for Family Medical Leave Act (FMLA) Qualifying
Event
Community Items/Presentations
A. Neighborhood Pedestrian and Bicycle Planning (Pg 4-9)
Items Moved From Consent Agenda None
Action Items
A. Public Hearing: PP 12-005 Canterbury Commons by Heartland
Homes, LLC Located at South Side of W. Pine Avenue, East of
N. Ten Mile Road Request: Preliminary Plat Approval of 107
Residential Lots and 12 Common Lots on 21.45 Acres in an
Existing R-15 Zone Approved with Conditions (Pg 9-22)
B. Public Hearing: MDA 12-002 Canterbury Commons by
Heartland Homes, LLC Located South Side of W. Pine Avenue,
Meridian City Council Meeting Agenda -Tuesday, September 18, 2012 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
East of N. Ten Mile Road Request: Amend the Recorded
Development Agreement (Inst. #106187188) for the Purpose of
Removing Certain DA Provisions That Are No Longer
Applicable AND Adding New DA Provisions Relevant to the
Proposed Canterbury Commons Subdivision Approved with
Conditions (Pg 9-22)
C. Public Hearing: CPAM 12-003 Olson & Bush by Ronald W. Van
Auker Located at 2950 E. Franklin Road Request: Amend the
Comprehensive Plan Future Land Use Map Designation on
5.66 +/- Acres of Land From Commercial to Industrial
Approved (Pg 22-25)
D. Public Hearing: AZ 12-003 Olson & Bush by Ronald Van Auker
Located at 2950 E. Franklin Road Request: Annexation and
Zoning a Total of 7.2 Acres of Land to the C-G (1.41 Acres) and
I-L (5.78 Acres) Zoning Districts Approved (Pg 22-25)
E. Public Hearing: CPAM 12-002 Paramount East by Brighton
Development Located West Side of Meridian Road, Between
W. Producer Drive and E. McMillan Road Request: Amendment
to the Comprehensive Plan Future Land Use Map to Change
the Land Use Designation on Approximately 12.90 Acres of
Land from Office to Medium Density Residential (MDR)
Approved (Pg 25-29)
F. Public Hearing: RZ 12-001 Paramount East by Brighton
Development Located West Side of Meridian Road, Between
W. Producer Drive and E. McMillan Road Request: Rezone of
12.47 Acres of Land from the L-O (Limited Office) Zone to the
R-8 (Medium Density Residential) Zone Approved (Pg 25-29)
G. Public Hearing: PP 12-002 Paramount East by Brighton
Development Located West Side of Meridian Road, Between
W. Producer Drive and E. McMillan Road Request: Preliminary
Plat Approval of 46 Residential Lots and Six (6) Common Lots
on 12.90 Acres in a Proposed R-8 Zone Approved (Pg 25-29)
H. Public Hearing: CPAM 12-001 TM Crossing by Brighton
Investments LLC, Steven Smith and CRS10 Located Northeast
Corner of I-84 and S. Ten Mile Road Request: Amendment to
the Comprehensive Plan Future Land Use Map to Change the
Land Use Designation on 75.5 Acres of Land from LC (Lifestyle
Center), MHDR (Medium High Density Residential) and HDE
Meridian City Council Meeting Agenda -Tuesday, September 18, 2012 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
(High Density Employment) to Commercial Approved (Pg 29-
44)
I. Public Hearing: AZ 12-005 TM Crossing by Brighton
Investments, LLC, Steven Smith and CRS10 Located Northeast
Corner of I-84 and S. Ten Mile Road Request: Annexation and
Zoning of 89.22 Acres of Land from the RUT Zoning District to
the C-G (General Retail & Service Commercial) Zoning District
Approved with Conditions (Pg 29-44)
J. Public Hearing: PP 12-003 TM Crossing by Brighton
Investments, LLC, Steven Smith and CRS10 Located Northeast
Corner of I-84 and S. Ten Mile Road Request: Preliminary Plat
Approval of 50 Commercial Building Lots and Four (4)
Common/Other Lots on 75.5 Acres of Land Approved (Pg 29-
44)
K. Amended onto the Agenda: Public Hearing Continued from
March 27, 2012: AZ 11-003 King Property by Dexter King
Located at 1195 W. Overland Road Request: Annexation and
Zoning of 8 Acres of Land within an R-8 Zoning District
Continued to November 7, 2012 (Pg 44-45)
9. Department Reports
A. Mayor's Office: Letter of Support for the Meridian Anatomy
and Physiology Laboratory (Pg 45-47)
B.
10. Ordinances
A. Ordinance No. 12-1527: On Ordinance (RZ 11-001 McNelis
Subdivision) for the Rezone of a Parcel of Land Located in the
SE'/4 of Section 34, Township 4N, Range 1W, Establishing and
Determining the Land Use Zoning Classification for 16.24
Acres of Land from the L-O Zoning District to C-G Zoning
District and .43 Acres of Land from the L-O District to the I-L
Zoning District and Providing an Effective Date Approved (Pg
47-48)
B.
11. Future Meeting Topics None
Adjourned at 9:13 p.m.
Meridian City Council Meeting Agenda -Tuesday, September 18, 2012 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council September 18, 2012
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday,
September 18, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, and Brad
Hoaglun.
Members Absent: Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Watters, Bill Parsons,
Tracy Basterrechea, Kenny Bower, Warren Steward, Brian McClure, 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 will go ahead and call this meeting of the City Council to order. For the
record it is Tuesday, September 18th. It's 7:00 p.m. Or; actually, it's-three minutes after
7:00. We will start tonight's meeting with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. Tonight we will be led
by Eagan Schaffer. He is with Troop 166 of the Meridian 16th Ward. Eagan, come
ahead and come forward and we will follow your instructions.
(Pledge of Allegiance recited.)
De Weerd: Eagan, I do have a City of Meridian pin I would like to give you for leading
us tonight. Thank you. We love having Boy Scouts join us at our meeting. So, thank
you and we hope we keep your interest.
Item 3: Community Invocation by Gordon Slyter of Treasure Valley Worship
Center
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Gordon Slyter. He is with the Treasure Valley Worship Center. If you will all join us in
the community invocation or take this as an opportunity for a moment of reflection.
Thank you for joining us.
Slyter: Thank you. Let's pray. Our Father as we come before you tonight we come
with thanksgiving for so many blessings. Thank you for our city and for all that goes into
Meridian City Council
September 18, 2012
Page 2 of 48
it. We thank you for the good and godly people who serve us in city government, in our
school system, in our public services sectors. Thank you, Lord. At the same time we
realize that to be alive is to have problems. Individuals have problems. Cities have
problems. Nations. Our world with problems filled. And so, Lord, problems cause us to
turn to you not only with thanksgiving, but with request and supplication. Help us. We
call on your name. We pray, Lord, that you would make your will to be done on earth as
it is in heaven. We remember, Lord, that righteousness and justice are the very
foundations of your throne. And so when we call on your name, Lord, we are calling for
righteousness to prevail and for justice to prevail, not only in our city, but in our land and
around the world. Thank you, Lord, that you hear us when we cry to you. Thank you
for past, present, and future deliverances. We pray these things in the name of Jesus
Christ, our Lord, amen.
Item 4: Adoption of the Agenda
De Weerd: Thank you for joining us. Item No. 4 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple items to note and add to the agenda for this evening. Under 5-F,
that resolution number is 12-872. Under 8, following J, we need to add on an 8-K,
which is a public hearing continued from March 27th, 2012, AZ 11-003, King property by
Dexter King, located at 1195 West Overland Road, request annexation and zoning of
eight acres of land within an R-8 zoning district. So, that -- we are adding that onto the
agenda. And, then, 10-A, that is Ordinance No. 12-1527. So, Madam Mayor, I move
adoption of the agenda as amended.
Zaremba: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda Approved
A. Approval of Award of RFQ and Master Agreements for
Professional Services and Authorize the Purchasing Manager
to Sign the Non-Financial (Zero Dollar) Master Agreements
with the 18 Firms Listed Below in the Following Categories:
1B-Water Supply and Distribution Engineering -
Waterline Construction, Rehabilitation, and
Meridian City Council
September 18, 2012
Page 3 of 48
Reconstruction /Replacement Design. (Civil Survey,
JUB, Keller)
• 26-Wastewater Collection and Treatment Engineering
Lift Station Design and Consultation. (JUB, Keller,
Murray Smith & Associates)
• 7A-Electrical Engineering - Water and Wastewater
Control Systems and SCADA System Design and
Programming. (CH2M Hill, Control Engineers, DC
Engineering)
• 8A-Environmental Engineering - Reclaimed Water
Program Development, Design, Etc. (Brown & Caldwell,
CH2M Hill, JUB)
• 86-Environmental Engineering - NPDES Stormwater
Consulting; Environmental Assessment for NPDES
Permitting; Wetlands Delineation and Wetlands
Mitigation, Stream, Wefland, and Riparian Environment
Restoration (Brown & Caldwell, CH2M Hill, HDR)
90A- Geographic Information Systems GIS System
Development and Upgrades. (Brown & Caldwell, JUB,
Resource Data)
B. Agreement for Professional Services with Kathy Drury-Bogle
Consulting, LLC for Human Resources Consulting Services
C. Pressure Reducing Valve Easement Agreement with Logan
Kinney
D. Final Order for Approval: FP 12-018 Reserve No. 2 by ERD,
LLC Located West of N. Locust Grove Road and East of N.
Jericho Road Request: Final Plat Approval of 14 Residential
Lots and 2 Common Lots on 5.01 Acres in an Existing R-4
Zone
E. Ratification of the Approval and Release of Beer, Wine and
Liquor License Transfer for Colco Investments Co., dba Bill n
Lynns Place to Brigette S. Wallace dba Construction Zone Bar
& Grill Located at 229 West. Franklin Road
F. Resolution No. 12-872: A Resolution of the City of Meridian
Amending the Policy and Procedure Manual Policy 4.3.1 -
Meridian City Council
September 18, 2012
Page 4 of 48
Leave Pool for Family Medical Leave Act (FMLA) Qualifying
Event
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Under 5-F, as previously noted, that is resolution number 12-872 and I would
move approval of the Consent Agenda and the Mayor to sign and Clerk to attest.
Zaremba: Second.
De Weerd: I have a motion and second to approve the Consent Agenda. Madam
Clerk, will you, please, 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 6: Community Items/Presentations
A. Neighborhood Pedestrian and Bicycle Planning
De Weerd: Item No. 6 is our Community Items/Presentations. Tonight we will hear a
presentation on neighborhood pedestrian and bicycle planning. Good evening, Brian.
McClure: Good evening, Madam Mayor, Council. Over the last several months Caleb
and I have had the opportunity to work with Justin Lucas and ACHD on a project
spearheaded by ACHD to identify areas within our downtown which are lacking in
pedestrian and bicycle facilities. The culmination of this effort is the downtown Meridian
pedestrian and bicycle plan. The plan which integrates and considers related efforts
contains specific and feasible recommendations for new pedestrian and bicycle facilities
throughout the downtown area, is something that's currently in draft format, but
hopefully will be approved shortly by ACHD. Our next steps will be to reference this
plan within the city's comprehensive plan in Chapter 3, Strategic Growth. This will also
take a look at the Meridian pathway plan to identify areas where the ACHD plan, the
parks pathway plan, can be better integrated, so that they speak to one another. With
that, unless there are questions, I will turn this over to Justin.
De Weerd: Okay. Thank you. Good evening, Justin. If you will, please, state your
name and address for the record.
Meridian City Council
September 18, 2012
Page 5 of 48
Lucas: Certainly, Madam Mayor. Justin Lucas. I represent the Ada County Highway
District. Business address is 3775 Adams Street, Garden City, Idaho.
De Weerd: Thank you for joining us.
Lucas: Yeah. Thanks so much for having me. I have enjoyed this project and some of
the other projects I have worked on with the City of Meridian. This one in particular
because pedestrian-bicycle needs are exciting and a lot of people want them and so it's
great to talk about things people want. So, I will just -- I will move through this
presentation relatively quickly. If you have any questions at anytime, please, feel free to
just interrupt me, jump in, and hopefully I will be able to answer those.
De Weerd: You might regret saying those word. Just saying.
Lucas: Thank you. As Brian stated, the purpose of this plan was to -- really, this is a
new effort for ACRD. We are starting this neighborhood emphasis for our pedestrian
bicycle plans. We started out with our large plan. We have a bicycle master plan that's
countywide and we have our pedestrian-bicycle transition plan, which is also
countywide, but what we have found is that these large plans are hard to implement at
the neighborhood level, because it's really nice to talk to the people that actually use the
facilities to find out what's the priority and what we should do first and so we have
started this planning process of talking to citizens directly at the neighborhood level,
smaller geographies, so we can ask them, you know, if you were going to walk where
do you walk, where would you like to walk, where would you like to bike and the input
we receive goes into these plans and helps us and you make decisions about what the
priorities should be. So, what we have done -- our plan is pretty straight forward with a
needs analysis, is we take the area -- as you can see here this -- this downtown area,
which is -- we defined it for this plan, the purpose of this plan, Linder, Locust Grove,
Cherry, to basically, the freeway. And this was the area we took a close look out -- look
at. There is one school within the area -- actually two because you have -- you know,
there is three. I'm even speaking out of -- you know, I think there is four because of the
Renaissance High School. Look at this. You know. It's incredible. You would think in
an area like this you wouldn't have that much going on, but there is four schools. You,
obviously, have your downtown center and you have a post office -- there is all kinds of
things going on and so what we do when we look at this is we start with these kind of
generators and attractors and decide, you know, where are people wanting to go, how
can we best serve them, what are the projects that we need to go after for a plan like
this and, then, we take it out to the public and we say, okay, well, here is what we think
you might want, what do you really want? And the way we did that -- which is a new
tool we have been using is an interactive online map where the public can actually go in
-- it's like a Google map interface, they can double click on a location and just type what
they want or they can say, you know, here I want to go from here to here and just type a
little -- you know, their comment and we found through this process that it's -- it's been a
really effective form of outreach for this type of project and we are planning to
implement this on many other projects that we are doing like this, because it really gives
the public a chance to -- with the map interface it gives them a chance to make a very
Meridian City Council
September 18, 2012
Page 6 of 48
specific comment on what they are looking for and through the process and our
traditional public meetings we had over 65 comments for the -- for the downtown area.
So, here is a representation of some of the recommended pedestrian projects that came
out of this -- out of this plan. The thick lines that are recommended projects -- and you
can see that that dark purple, those are all projects that were actually in the process that
we were planning on constructing in your downtown. You can see the split corridor
there, but in association with the split corridor we are doing several pedestrian projects
that link through the downtown in east-west format. So, that's that dark purple. The
lighter blue thick lines are recommended projects. Some of the key ones that came out
of this were 3rd Street, that connection, especially the split corridor. That changes
some of the network downtown. 3rd Street is going to be that other option to travel
north-south through the area and that's important for those pedestrians and bicyclists.
Some of the things down in kind of the southeast quadrant, Central Drive, and some of
the other kind of more commercial areas -- people still walk through there or they run
through there or they -- you know, now with the high school down there we have kids
walking in that area and so it's an important area to look at. And in several other
projects in the area that we are -- that we are recommending in the plan. This is a
recommended bicycle network. You can see the dashed lines would be new projects,
the solid lines of projects that are already on the ground right now. Once again a lot of
activity. And this is nice, because you can see your proposed pathways in green.
Those would be the connection points that Brian was talking about, how do we integrate
the pathways plan with our on-street network and this plan speaks to that and tries to
resolve some of those potential issues. And so these are the recommended projects
there. So, how does it all fit together? As you know, ACHD has its -- through its
community programs sets aside about four million dollars a year to attack these
problems. It seems like a lot of money, but for -- well, you know, as money goes it
doesn't seem to go very far. But the nice thing about it is it's dedicated local funding
source. This is not a funding source that fluctuates every year based on federal funding
or federal grants, this is money that the ACHD commission sets aside specifically for
these projects and that really has been an incredible benefit to the users of the system
who want to ride more -- who want to ride their bike more, who want to walk more.
Federal funds. We also always look for federal funding for projects like this, but to be
honest, with the new regulations and the new transportation bill, federal funds are
getting less and less and so that local funding source really is the one that -- that we are
-- that we rely on most and also local partnerships and we have been successful with
these, both with the City of Meridian, other cities in the community, is that through
redevelopment and urban renewal there is also opportunities to get projects like this
done. And the ACHD commission in a partnership situation can advance a project
much quicker, when there is evidence of other public investment everyone -- it should
be that everyone wants this happen and it can really make a project move forward. So,
that's kind of how we are going to attack getting these -- these projects done. So, the
results of all this effort is a neighborhood pedestrian bicycle plan specific to your
downtown. It's not a broad countywide plan, it's a plan for Meridian and that's why it's
great that your planning -- as Brian said, if you were to adopt this by reference in your
comprehensive plan we think that's a great step, because, then, you have it adopted,
we have it adopted, and it gives us a real focus and a vision to move forward. Also it's
Meridian City Council
September 18, 2012
Page 7 of 48
an educational resource for the citizens and a planning guide for both you and ACHD to
work off of and we are excited about this. We did this plan as one of our first ones. Our
other one we did on the central bench in Boise, which was a very interesting place to
work. A lot of similar characteristics to downtown Meridian. And we are excited about
these, because it gives us an opportunity to plan and, then, we have a funding source to
go implement it, which isn't always the case and so we want to make these happen and
we want your help and your help to prioritize the projects as we move forward. So, the
next steps -- we are going to make any revisions based on your staff or your comments
as they come in. I am going to take this plan in draft form, along with the central bench
plan, to our commission on October 3rd for their comment and, then, it's our plan to
adopt these on October 24th and move, then, forward into the implementation phase.
These plans are not too complex, they are relatively simply and we hope they are
simple to implement and that's our goal is make it something that we can go after and
actually complete the network as it's shown in the maps there. So, unless you have any
questions that's what I wanted to present to you tonight. Obviously, I don't have to take
comments now, but any comments you may have you can funnel those back through --
through your staff or I can take them directly, whatever you prefer.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Thank you. I'm aware from history of years past when you have raised
bicycle issues in Boise there is a significant bicycle community that comes out to
contribute information and stuff. I'm not aware of whether that happens in Meridian or
not. Was there a bicycle community participation in this?
Lucas: Madam Mayor, Councilman Zaremba, you know, I think you're right, the bicycle
community in Boise kind of closer to the regional core is a little bit larger, but their
network is working also better than what we have here in Meridian. What we have seen
in Meridian is an increased number -- an increased interest over time. I started with
ACHD -- it was over four years ago and one of my first projects was getting the bicycle
plan adopted and since that time countywide we have seen an interest in bicycle issues
and when the -- the vehicle registration fees passed and you know how that that went
and there was that overwhelming majority of citizens that wanted that money to go
towards pedestrian and bicycle issues, the citizens in Meridian voted just like the
citizens of Boise on that. So, we really have seen an interest in that. And I think over
time as we are able to make the network better we will see an increase in ridership and
I think we already have, it's just a matter of really making some key connections that
aren't there now and trying to fill those gaps to make it so you can have a little bit of a
longer trip on your bicycle.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
September 18, 2012
Page 8 of 48
Hoaglun: Justin, I notice you had -- that you have the online map, you got comments,
there are 65 comments, different things. What was your primary market effort? I mean
what worked best? Were there several different ways you reached out to get the
comments? How did that process work?
Lucas: Madam Mayor, Councilman Hoaglun, you know, we always use multiple
techniques at ACRD for outreach. We do a lot of outreach on a lot of different projects.
So, what we have found is one of the -- one of the best ways -- and what we did in
downtown Meridian was we actually sent a post card to everyone who lives in the
downtown, including some of the business owners, and so they got a direct contact from
the ACHD to solicit in your comments. We also located -- you may have seen them or
you may not have -- we locate what we call sandwich board signs and we located those
throughout the study area asking for comments from people and those are actually quite
effective. When we do our surveys to find out how did you find out about it, it's
surprising how many people stop and look at those signs, because they see it and they
go, oh, ACHD is doing something, I better to go look at what that is. And so we got
quite a few comments that way. And, then, also distributing it to stakeholders, we used
the city's website, ACHD's website, so kind of that multi-pronged approach is how we
tried to attach it for this project.
Hoaglun: Thank you,
De Weerd: Justin, Iguess -- I see that there are two difficult types of bicyclists and I
know you have heard me say this before. You have the bicyclists who think that they
are cars and so they don't mind riding on the road or in the shared space or even in the
bicycle lanes, but I guess my question might be rhetorical. Do we expect kids to ride on
the streets in those -- in those bike lanes next to a busy road.
Lucas: And, Madam Mayor, Ican -- it's a rhetorical question, but I can try to speak to
that at least. And my answer, you know, from a bicycle planner's perspective is,
honestly, probably not. I mean little children probably don't belong in a bike lane on a
busy arterial street, because they are not comfortable enough, you know, riding a
bicycle to do that. So, when you do a bicycle plan like the one we have shown here,
you have to provide all kinds of options for all the different levels of riders and from the
transportation perspective there is operational benefits to ACHD to provide a bike lane
on an arterial. One of those benefits that is that you have space for acyclist -- let's say
a commuting cyclist to ride, but how many commuter cyclists ride on those? You're
right, it's not a very large percentage. But if a vehicle is stalled and needs to pull over
we provide a safety shoulder and you can use that bike lane for other things. So, there
are advantages to providing that space. But I think what this plan did, which may be
different from other plans, is we really did try to link it in and integrate it with your off-
street path network, because that's the network that's very likely that a child would use
or be more comfortable using, is riding on a path that's not even adjacent to a roadway
at all, that's off street, much like the Bud Porter path and some of the other paths in
Meridian. Those are the -- the key connection that might be easier for some type of
Meridian City Council
September 18, 2012
Page 9 of 48
riders to use and if we can implement that in a roadway project, we would live to, but
oftentimes it's difficult, because of the space you need to provide a path like that.
De Weerd: And I guess, Justin, that's why I asked the question. If we want to
encourage an increased ridership of bicycles we have to provide a safe option and that
is transportation and using General Fund monies for paths that move people, need to
be a collaborative partnership between ACRD and the city and some of those funds that
I think that the voters anticipated going towards .improvements like that are anticipated
to be on off-road type of facilities as well and so I guess I want to continue my beating of
the drum in that regard, because I do believe if we are to change habits we have to
create those habits at a young age and it's not going to happen with the kind of facilities
that we are providing today. Any other comments from Council? Okay. Thank you.
Lucas: Thank you so much.
De Weerd: Brian, do you have anything further? Okay. Nothing further on this item?
Okay. Thank you.
Item 7: Items Moved From Consent Agenda
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: Action Items
A. Public Hearing: PP 12-005 Canterbury Commons by Heartland
Homes, LLC Located at South Side of W. Pine Avenue, East of
N. Ten Mile Road Request: Preliminary Plat Approval of 107
Residential Lots and 12 Common Lots on 21.45 Acres in an
Existing R-15 Zone
B. Public Hearing: MDA 12-002 Canterbury Commons by
Heartland Homes, LLC Located South Side of W. Pine Avenue,
East of N. Ten Mile Road Request: Amend the Recorded
Development Agreement (Inst. #106187188) for the Purpose of
Removing Certain DA Provisions That Are No Longer
Applicable AND Adding New DA Provisions Relevant to the
Proposed Canterbury Commons Subdivision
De Weerd: So, we will move into Item 8 under Action Items and I will open the two
public hearings on Items 8-A and 8-B, public hearing for PP 12-005 and MDA 12- 002
with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The first hearing item
this evening is Canterbury Commons Subdivision. This property is located on the south
side Pine Avenue just east of North Ten Mile Road. In 2006 Council approved
annexation and preliminary plat and a conditional use permit fora multi-family
Meridian City Council
September 18, 2012
Page 10 of 48
development consisting of 196 units and 67 townhomes. With that approval a DA --
development agreement was required and is pretty much tied to that approval back in
2006. The applicant is here before you tonight to request the preliminary plat of 104
single family lots now. You can see surrounding this property to the north and to the
east is single family residential. Off to the northwest and to the west you have some
existing multi-family that's developed in the area and, then, also along -- at the hard
corner of Pine and Ten Mile you have some commercial -- vacant commercial
properties that can develop with some commercial development in the future as well. I
would mention to Council that -- that the proposed plat is pretty consistent with the
surrounding residential single family residential subdivisions in the area. Therefore,
staff and the Planning and Zoning Commission found that the proposed development
did comply with the mixed use designation that's on the project today. Here is what the
-- here is the proposed plat before you this evening. The applicant is proposing three
development phases. The first, of course, would be starting in the northwest corner
and, then, heading southeast and, then, finishing it off in the northeast corner. Wanted
to let you know that since the P&Z hearing the Commission -- that the applicant has
revised that central area here that I have highlighted on the west -- at least the left-hand
exhibit you can see how the open space was presented to the Planning and Zoning
Commission and on the right is the new layout that Commission -- or, excuse me, the
applicant would like you to act on this evening. The reason for the change is a
requirement that came down from Public Works., It's their requirement that they provide
a looped water system within the development. The adjacent subdivision -- the
adjacent subdivision to the east is the only viable location to make that connection, so
that at some point Public Works will have to go in and do a project to finish that
connection point, but the applicant is conditioned at this point to stub a water line into
that common lot that you see there in the lower right-hand corner. Would also mention
that even though the lot configuration changed, the lot count has not changed. Actually,
the open space has increased from what the Planning and Zoning Commission acted
on and what you see before you this evening. So, the central open -- the central park
actually increased approximately from 19,000 square feet in size to over 22,000 feet in
size and that will also include a tot lot. I'd also let you know that although the lots within
the subdivision do comport to the R-15 zoning standards, which is pretty minimal at this
point, the minimum lot size in the zone is 24,000 square feet. Typical lot sizes for this
subdivision is between 5,000 square feet and 19,000 square feet and the primary
difference between the discrepancy in the lot sizes has to do with the irregular shaped
size of the property. I'd like to point out that amenities included with this subdivision do
-- are pretty substantial. Along the west boundary you have a ten foot pathway as
required by the Meridian pathways plan. The applicant is providing a 22,000 square
foot central park with a tot lot. There is some additional micropath lots that are provided
as well and, then, along Eagle -- or, excuse me, along Pine Avenue the applicant has
provided the required landscape buffer. And if Council would note, it's along the
southern boundary. You can see there is a green space provided there. That is a
future common lot that you may have a pathway at some future point. I know in
speaking with the parks department it's -- if the 16 foot pathway isn't allowed to go
within the right of way, the railroad right of way, Parks Department has instructed staff to
go ahead and get some of these common lots in place, so that if we can't get in that
Meridian Cily Council
September 18, 2012
Page 11 of 46
right at least there is common lots preserved that we can have a pathway along the rail
corridor in the future. The applicant has provided some sample elevations for you. You
can see there is a mix of building materials before you this evening. Wainscoting, rock
wainscoting, some shutters, decorative corbels. The DA requires compliance with these
elevations. Also I would mention to Council that any elevations that front on a common
space or a public street will have to have the same decorative detailing on those sides
as well and that's conditioned in the DA as well. So, moving forward here are the
revised DA provisions that we present to you this evening. As I mentioned to you earlier
there is an approved development agreement on this site. Currently that DA restricts
this site to 116 buildable lots and 263 residential units. The applicant only has 104 lots
and they want all single family homes. So, that's one of the major changes. Also
mention because of the revised changes to that central open space and the open space
in general, the proposed landscape plan no longer complies with what you're acting on
today and we want to make sure and tie that into the development agreement. So,
before that DA could be finalized we are asking that a revised landscape plan be
attached to the amended DA as well. Move on. That bullet point 5.1.11 references
condominium plats. Again this is no multi-family development, so that is longer
relevant. We need to strike that. One of the previous DA provisions requires that a bus
stop be provided or at least an easement be provided for a future bus stop and that will
remain in place. The applicant has asked for additional verbiage if it's required by VRT.
Staff is okay with that. Staff has conditioned that they comply with ,the submitted
elevations and, then, staff is also recommending two additional DA provisions to the
amended DA. The first requires that all the landscaping and sidewalk improvements
occur with phase one. I know -- if Council has driven by down Pine Street you can see
a development has occurred on that site and given the economic climate there that
property went back to the bank, it is now under new ownership. Well, there is a
segment of sidewalk that is not completed with the project and I know that's important to
get folks to school in a safe manner, so it would be nice to get that -- that final
connection out there so kids can walk on a sidewalk and get to the adjacent schools in
the area and so staff has conditioned in the DA that that improvement, along with the
landscape, happen with phase one of development and, then, also the southern lot that
I mentioned to you staff is requiring that that be held in perpetuity, so that if and when a
pathway is planned for that common place will -- common lot stay in place forever and
insure that a pathway can go in there or stay landscaped as part of the subdivision
improvement. Planning and Zoning Commission recommended approval at the August
16th hearing. Speaking favor was Scott Noriyuki. There was no one there testifying in
opposition or providing any other written testimony. Key issues of discussion at that
Commission hearing. There were none. Commission did make some
recommendations to the staff report. The first was that they were to add some
requirements for some common lots. The second was originally staff had
recommended that they lose a buildable lot and central park open space. That was no
longer applicable and so the applicant -- Commission struck that. Also wanted to point
out that because the loop water system is required and that central park was an
important amenity to the subdivision, Commission recommended that that happen with
phase two. The applicant has amended the phasing plan to show that before you this
evening, so that has been adjusted to include that. And, then, also the Commission
Meridian City Council
September 18, 2012
Page 12 of 40
wanted a revised landscape plan in front of you this evening. The applicant did provide
that, but at the last minute this afternoon I got another revision that I'm going to discuss
with you this evening, so that's why you don't see those changes. The applicant did
provide written testimony in agreement with the -- or in agreement with the preliminary
plat conditions, but they do want to discuss some timing and some DA provisions with
you and I have highlighted that in the hearing outline. So, I will start with the first bullet
point. Staff would recommend that -- again we support this, that if you go along with the
applicant's proposed changes to that central open space and that lot configuration, that
Commission -- or excuse me -- that Council approve this with 104 single family
residential lots and not the 103 as presented to you. Second is right now the way our
recommendation is before you this evening we are recommending that the landscaping
and that sidewalk be completed in its entirety with phase one. I believe the applicant
wants to discuss with -- they are okay with constructing the sidewalk, but they are not
willing -- they want to hold off doing the landscape improvements until phase three. I'd
also make mention to Council that with that sidewalk -- we hope that the developer
would entertain putting in at least the streetlights along frontage as well, so that we have
appropriate lighting along that walkway for safety concerns. In the wintertime it can get
pretty dark along those roadways, so it would be nice to at least get that with a sidewalk
if you agree with the applicant's changes tonight. And, then, finally the applicant's
asking Council to defer that -- the improvements for Lot 26, Block 1, which is that
southern, common lot, so the future pathway they are asking me to defer that -- those
improvements until phase three. The phasing plan that I presented to you show it was to
happen with phase two, so staff is sticking with the -- wants Council to basically approve
that provision that that landscape -- that lot be developed with phase two and not phase
three as proposed by the applicant. So, consistent with the phase boundary the
applicant presented. We did receive additional testimony from Steve Meharry. He had
some concerns with the design to make sure it was consistent with the adjacent
subdivision. The applicant reached out to that concerned citizen, addressed his
concerns, staff follows up with a phone conversation with Mr. Meharry and concurred
that everything had been worked out and all the issues had been resolved. So that has
been settled. Other than the items the applicant wants to discuss with you, there aren't
any other outstanding issues before you this evening and at this time I would be happy
to answer any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Question for Bill on that railroad common lot along the south boundary there.
Maintenance of that -- is that by parks or is that going to be part of the HOA?
Parsons: Madam Mayor, Members of the Council, at this point it will be the
maintenance of the HOA, homeowners association.
Meridian City Council
September 18, 2012
Page 13 of 48
Hoaglun: Okay. Thank you.
De Weerd: Okay. Anything further at this point? Okay. Would the applicant's
representative like to come forward? Thank for joining us. If you will, please, state your
name and address for the record.
Noriyuki: Madam Mayor, Council, Scott Noriyuki, 6810 Fairhill, Boise, Idaho. 83714.
De Weerd: Thank you, Scott.
Noriyuki: First of all, I want to thank staff. That was an excellent report as far as all the
different items that have changed on this project. I'm in absolute concurrence with
everything that he has represented. I just want to clarify a couple of items, so I'm going
to try and do them as orderly as I can. First of all, the utility connections on a phase-by-
phase basis are kind of critical to us as far as we are going to economically go through
this project. We are in concurrence. I believe that staff, as well as Public Work is in
concurrence. However, I just want to reiterate the fact that we will make the water line
connections on a phase by phase specific basis. The only out of phase item is going to
be in the phase two portion where we are going to make the connection to the east in
the common lot that we had talked about. From there I want to jump into the Pine
Street frontage.. So, first of all,. I want to clarify that within, the, phase one we ,are
proposing to -- or we agree, rather, to complete a hundred percent of the improvements
on Pine Street, landscaping, lighting, sidewalks, all of those items. What we are asking
for is the phase three frontage of Pine, we are asking for lateral, if you will, because we
are going to be putting up a tremendous amount of money between utilities and
whatnot. I understand and I respect the safety aspect, so we are happy to do the -- the
grading, the aggregate, the sidewalk connection, as well as tactifying the soil, but we
would like to push off the actual landscaping until phase three, not only from an initial
financial standpoint, but also from an HOA economic standpoint, this is going to load up
these initial owners with heightened costs for maintenance. Further, where we got the
drain in the northeast corner, I'm asking that during phase one when we make the
sidewalk -- we complete the sidewalk construction, that we don't do the actual roadway
widening and most importantly the box culvert widening. That's an incredible cost for us
that's outside of our phase one. I went out and I measured it from the fog lines of the
edge of pavement we have got between ten and 12 feet from the headwall of the box
culvert to the edge of the asphalt. What I'd like to do is I'd to like run the sidewalk right
up to it, dead end it and, then, complete it on the other side and, then, do a temporary
pave around it, which I think is going to give us enough from a safety standpoint for
children or pedestrians or bikes to maneuver through that safely. But we don't have to
bear that cost until that phrase specific time. And with that I will stand for any questions.
De Weerd: So, Scott, the -- around the box goes on the road side or on the property
side?
Noriyuki: Yes, ma'am. On the road side. Because we have to travel over the box
culvert, if you will. That's the bridge per se. There is adequate room to safely do this,
Meridian City Council
September 18, 2012
Page 14 of 48
which would be consistent with a lot of sidewalk -- detached sidewalk scenarios you
would see all over Ada County. We just don't want to put in the additional box culverts
to ultimately widen the road until that particular phase. It will require for a full permit
several thousands of dollars, so we are just asking for that lateral.
De Weerd: So, how close would that be to the existing roadway?
Noriyuki: If we did a five foot paved up against the head wall, if you will, which is a
small pony wall or parapet wall to the edge of the ditch, we would probably have
somewhere between a five and six foot separation from the end of the sidewalk --
temporary asphalt sidewalk to the edge of the existing asphalt road.
De Weerd: Okay. Okay. Questions from Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: A question from Bill I guess and this is -- I vaguely remember that we have
some requirement that all perimeter landscaping be done at once. Is that commercial
properties or does that apply to residential as well or am I remembering that correctly?
Parsons: Madam Mayor, Members of the Council, currently the UDC will allow you to
do those improvements in phasing. But, you're correct, if it was a large commercial
development and it was one lot it would have to happen -- all the landscaping would
happen with the commercial development. But because this is a residential
development in phasing, the UDC does allow that to happen that way.
Zaremba: Great. Thank you.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I have a question, Scott. You're also requesting that the railroad trail that --
the common lot that's there to wait on doing any landscaping until phase three is
started, is that --
Noriyuki: Yes, would like to do it on a phase specific basis.
Hoaglun: Okay. But the portion of -- in phase two when we talk about the pathway
along the waterway --
Noriyuki: We will complete that during the face.
Meridian City Council
September 1 B, 2012
Page 15 of 48
Hoaglun: Okay. That will be the -- during the portion that's in phase one would be
completed and when you go to phase two that would be completed?
Noriyuki: That is correct.
Hoaglun: Okay.
De Weerd: Would you be willing on that railroad end to put in there a condition if the
pathway were to come sooner, then, phase III, but you would put it in at that time?
Hoaglun: I'm forever the optimist.
Noriyuki: No. And I appreciate that. That's just -- I have got to contemplate the
finances and the extent of it. I want to say that I'm supportive of that transpiring. Would
the City of Meridian be willing to do a cost sharing if that came through at such time?
Because my understanding was we provide the common lot, we will provide the
maintenance of it, we provide the -- the easement, if you will, and the opportunity for the
city. If the city came up with the funds that we would work with you. It would save us all
money, I would be willing to do that.
De Weerd:. I can't answer on that in that regard.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Question, Scott, and this is kind of a crystal ball question, you have to gaze in
and try your best, but are these phases -- what do you anticipate the length of time from
when to --and, like I said, this is a crystal ball question.
Noriyuki: Well, first of all, my crystal ball is broken after the last four years. But
indicators are positive right now and I think that we are all -- we are all optimistic that
permits are being pulled and projects are coming forward. I think it's an attractive
project and I anticipate it will go as quickly as the market will allow, but I can't put a
number to it, I'm sorry.
Hoaglun: No. Madam Mayor and Scott, that's -- that's a fair answer.
Noriyuki: Thank you.
Hoaglun: I didn't know if you had some idea and what you would like to see of course.
The sooner the better, we all want that.
Noriyuki: Absolutely. We are very motivated. That's right.
De Weerd: Further questions from Council? Do you have aturn-in lane?
Meridian City Council
September 18, 2012
Page i6 of 48
Noriyuki: We do not. Center turn lane, which is in compliance with ACHD, as well as all
the adjacent development and subdivisions and traffic study requirements. And further
we have substantially reduced density from the prior approval.
Hoaglun: Oh, I had one other question, Madam Mayor and Scott. The extra lot, was
that just because of the reconfiguration in the center area. I mean --
Noriyuki: No. Actually, that was an error in the staff report. There has always been the
104 most recently. That was just an error in the staff report and I wanted to correct it.
Now, what I had done is in the reconfiguration on the center block, I did add a lot, but
that was in an effort to pick up the one that I lost. In the hard rendering here down on
the lower right-hand corner that we are going to provide the water line connection.
Hoaglun: Okay. So, there is no extra lot. That one went to the center, because when I
counted there was one extra and I saw that one disappear and I was trying to figure out
what happened.
Noriyuki: That is exactly right. Yes .
Hoaglun: Okay. Thank you.
De Weerd: Okay. Council, anything further?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just one other. On the discussion of providing a bus stop should VRT
require that, I'm assuming that that would be along Pine, not within the subdivision
somewhere and as you are building a sidewalk it might be easier to make that with a
bus stop ADA compliant, as opposed to adding it later. I'm curious about whether it's
actually economically feasible to delay or to do it all at once.
Noriyuki: We are happy with the condition to provide an easement, but that's an ACHD
identification and the City of Meridian. I have no idea the actual location desired or the
design criteria. Happy to provide the easement. Absolutely.
De Weerd: Okay. Anything further from Council? Thank you, Scott.
This is a public hearing. Is there any member of the public who would like to provide
testimony on this item? If you could, please, state your name and address for the
record.
Meharry: My name is Steve Meharry and I currently live 45 West South Slope in
Emmett, Idaho. I was a bur in your saddle last week I think, because I raised the
concern about whether the road would narrow and whether the setbacks would match
Meridian City Council
September 18, 2012
Page 17 of 48
Morning Glory One and Morning Glory Two and so I was the one who caused that little
ruckus. Anyway, my concern was because if it was narrowing or if there was a
difference in setback that it would cheapen the neighborhood, it could cause safety
problems with kids on bikes and whatnot and even though I live in Emmett I still own the
property that we built when this was overwhelmed with dairy smells, so that was a ways
back. And we may move back some day. So, anyways, I wanted you to know that
Scott and your committee was not surprised, because my experience with Meridian has
been very positive over the years. So, work through that and that the road would match
Morning Glory One and Two, the landscaping would be the same and that there would
not be a traffic impediment. So that was just for the record he asked me to testify
tonight.
De Weerd: Thank you, Steve.
Meharry: You're welcome.
De Weerd: Do we have anyone else who would like to provide testimony on this item?
Okay. Scott, any final comments?
Noriyuki: Madam Mayor, Council, yes. I did want to clarify -- or maybe apologize that I
didn't have a landscape plan revised today based on the current lot layout of the center
block. I have been working on that for a little over two weeks to try and come up with
something that would work for Public Works and the needed water line connection, as
well as trying to retain our existing lot count. So, it worked best for everybody. I didn't
complete it until last night. So, we are committed to revising the landscape plan in
conformance with the DA and I expect we could have that done inside of a week.
De Weerd: Okay. Pete or Bill, does that mean -- do you need that for the approval of
the preliminary plat?
Friedman: Madam Mayor, Members of the Council, you can just condition it that they
submit it then -- you know, in fact, they could submit it prior to approval of the final plat,
actually.
De Weerd: We appreciate your true confession on the record.
Noriyuki: Thank you. Any other questions?
De Weerd: No. Thank you so much.
Noriyuki: Thank you.
De Weerd: Okay. Council, if you don't need any further information I would entertain a
motion to close these two public hearings.
Hoaglun: Madam Mayor?
Meridian City Council
September 18, 2012
Page 18 of 48
De Weerd: Mr. Hoaglun.
Hoaglun: I move that we close the public hearing on PP 12-005 and MDA 12-002.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-A and B.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Hoaglun: Madam Mayor, I have a quick question for staff and, then, I want to be sure
that 104 lots is the correct number and that -- is that something we need to change or is
that something that is -- is set? I mean do we need to include that in our motion -- okay.
We do need to include that in our motion. Okay.
Friedman: Madam Mayor, Members of the Council, Councilman Hoaglun, that's correct.
They are requesting that as a modification to the development agreement. I would
include that in there. I would also, if I could get permission, take this opportunity to offer
a couple more comments for your consideration. Depending on how the Council votes
on the request to phase the sidewalk along Pine Street, Public Works again has
indicated that -- as Bill referenced, that having street lighting along the sidewalk there is
paramount in terms of maintaining public safety, particularly during the darker times of
the year. So, whether it's the Council's desire to see that sidewalk go in in its entirety at
once or in phases as requested, we would simply recommend that however it is
developed that it include the appropriate street lighting consistent with the Public Works
standards. And, then, with regard to the bus stop, the only thought that came to mind --
it's very generous of them to provide the easement. I'm just wondering if it's well past
phase three when the need arises and we only have a homeowners association, no
developer out there, who will actually construct the bus stop. So, perhaps it's worth
having a consultation with VRT and ACHD in terms of the phasing and the construction
of that bus stop. So, I offer that for Council's consideration.
De Weerd: Well, Pete, it seems like I recall the answer being we will get the easement,
but building it was not part of the plan.
Friedman: That's correct. That's correct. I just -- again, I was thinking down the line. If
VRT is willing to build it when the time comes, then, that would be great. So, yeah, we
will stick with that -- that requirement.
De Weerd: I guess just a question. If the lighting is part of that sidewalk connection
how would they get the electricity to that? Do they run it through the right of way?
Friedman: I'm going to refer to Warren on this one.
Meridian City Council
September 16, 2012
Page 19 of 48
Stewart: Typically there is a main connection off of the power grid to a transformer,
then, there is some power lines that run down right of way or right off of the edge of the
right of way to each one of the light poles.
De Weerd: I wish we would have had this conversation before we closed the public
hearing, so the applicant could respond.
Hoaglun: Madam Mayor, I would request that we reopen the public hearing on both --
Zaremba: Second agrees.
Hoaglun: -- PP 12-005 and MDA 12-002 we can address this issue.
De Weerd: Okay. I have a motion and a second to reopen the public hearing on Items
8-A and B. All those in favor say aye. All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Sorry about that, Scott. We thought your business was done.
Noriyuki: Perfectly fine.. I anticipated it. We are willing to put, the lights in, because we
recognize both the sidewalks and the lights are a safety issue and that's a legitimate
concern that would go beyond the typical phasing requirements or expectations of the
building subdivisions. We will do that. We just ask that we have the lateral with the
landscaping and the other improvements that I have requested specific to phase three.
De Weerd: Any further questions from the Council or anything from staff?
Stewart: None from me. That will work for us.
De Weerd: Okay. Very good. Thank you.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I will once again request we close the public hearing on PP 12-005 and MDA
12-002.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on these two
items. All those in favor say aye. All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
September 18,2012
Page 20 of 48
Hoaglun: And, Madam Mayor, I just want to --
Zaremba: Madam Mayor, I would just comment. During the period between when we
closed it and reopened it nobody left the room. So, anybody who had come to the
meeting had the opportunity to know that we reopened the public hearing. I just wanted
to put that on the record.
De Weerd: Thank you. Mr. Hoaglun.
Hoaglun: I just want to make sure that we need to include in our motion the 104 lots.
We need to resolve the issue of the sidewalk and landscaping and include lighting,
which the applicant has agreed to. We need to address the issue of what type of
sidewalk will be around the irrigation box or over the irrigation box requiring the irrigation
box or allowing temporary paving. Landscaping along the southern common lot,
whether they be installed right away or with phase three. And I understand that the bus
stop is no longer an issue and, staff, am I missing something else? I don't believe so.
Parsons: Madam Mayor, Members of the Council, you are not. I think you have
covered everything.
Hoaglun: Okay. Great. Thank you. Well, Madam Mayor, let me make a motion and
see if this flies. We can have discussion on this of course. I would -- and I guess I need
to ask Mr. Nary -- I can do both the PP and MDA in the same motion or do you want --
no, Igot to do it separately, don't I? So, for the preliminary plat, I move approval of
preliminary plat 12-005 and I think all the changes will be in the MDA, unless -- oh, I'm
sorry. No. The preliminary plat we do need the lot changes, correct? So, I would move
approval of PP 12-005 with the 104 lots.
Zaremba: Second.
Hoaglun: And all staff and applicant discussions to be included in the requirements.
Zaremba: Second.
De Weerd: I have a motion and a second. Any discussion? Seeing none, 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.
De Weerd: Item 8-B.
Hoaglun: Madam Mayor?
Meridian City Council
September 18, 2012
Page 21 of 48
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of MDA 12-002 with the proposed changes as requested by
the Planning Department with the exception of allowing sidewalks along Pine Street,
along phase three to be built, but without landscaping, but to include the lighting as
agreed to by the developer. That along the irrigation box that a temporary path for
pavement would be allowed around irrigation box until such time phase three begins its
construction and that they are not required to install landscaping on the southern
boundary -- the southern common lot until phase three is begun. And I think, going
through my notes here, I think that's all I have for now. So, that's my motion, Madam
Mayor.
Zaremba: Do we need to repeat the change in the number of lots for the MDA?
Hoaglun: I can just in case. And will be 104 lots for this approval.
Zaremba: Second agrees. Second I mean.
De Weerd: I have a motion and a second. Any discussion?
Hoaglun: Madam Mayor, just quickly. Appreciate the developer agreeing to the
sidewalk and to the lighting. We have had other developments where we have done the
same thing where they are still empty fields, no landscaping, but we do have the
sidewalks and lighting and that's the main thing that had the access for the kids. It looks
like we have a significant buffer on that temporary box and that is an expensive
proposition and I see as the phases go that will be taken care of in a proper manner. I
do appreciate the common lot that the developer is willing to have on the southern
border along our railway. I'm glad he recognizes that this is an amenity that could be
very beneficial to his development when the time comes, but because that is far off in
the future and there really won't be any use of that lot until other connections are going
to be made, I can see we can wait on that until phase three, but do appreciate that --
that vision that you have, along with the city and the Mayor has been promoting to -- to
reserve some land along that railway for rail to trails, however you want to phase that --
phrase that. So, do appreciate that and I think we can wait on the landscaping until
phase three as well. So, that's why I made the motion that I did and I think it's a good
development and hope it all works out.
Zaremba: Madam --
De Weerd: But it's certainly better than the dirt piles and the weeds that are out there
today. Mr. Zaremba.
Zaremba: The discussion on the landscape -- and I -- or the -- Councilman Hoaglun's
remarks. But staff asked if we also make a comment that the landscape plan needs to
be prior to the final plat. Are we --
Meridian City Council
September 18, 2012
Page 22 of 48
Hoaglun: You know, Madam Mayor and Councilman Zaremba, if you don't mind, I could
amend my motion. I had that in my notes and I couldn't read my notes, because I wrote
too fast. But I do have down and meant to include in my motion that the landscape plan
be submitted and agreed to before the final plat is approved, so --
Zaremba: Second agrees with that addition.
Hoaglun: Okay. So, that --did mean to include that. Thank you, Councilman Zaremba.
De Weerd: Thank you for those comments and corrections. Anything further from
Council? 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.
C. Public Hearing: CPAM 12-003 Olson & Bush by Ronald W. Van
Auker Located at 2950 E. Franklin Road Request: Amend the,
Comprehensive Plan Future Land Use Map Designation on
5.66 +/- Acres of Land From Commercial to Industrial
D. Public Hearing: AZ 12-003 Olson & Bush by Ronald Van Auker
Located at 2950 E. Franklin Road Request: Annexation and
Zoning a Total of 7.2 Acres of Land to the C-G (1.41 Acres) and
I-L (5.78 Acres) Zoning Districts
De Weerd: Again, thank you. Okay. Item 8-C and D are public hearings on CPAM
12-003 and AZ 12-003. I will open these two public hearings will staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The next two
applications before you are a request for Comprehensive Plan map amendment and an
annexation and zoning request. This site consists of 6.84 acres of land. Is currently
zoned RUT in Ada County and is located at 2950 East Franklin Road. The applicant
requests an amendment to the future land use map contained in the Comprehensive
Plan to change the land use designation on 5.66 acres of land from commercial to
industrial. Currently the applicant requests annexation and zoning of 1.41 acres of land
to the C-G zoning district. And 5.78 acres to the I-L zoning district consistent with the
existing and proposed future land use map designations of commercial and industrial for
this site. The applicant plans to replat the portion of Olson and Bush Subdivision No. 2
that lies to the north of this site to include the subject property creating longer light
industrial lots that front on Lanark Street as shown on the proposed concept plan before
you. The portion of the site that fronts on Franklin Road is proposed to be zoned
commercial. This piece right here on the corner. There is an existing home on that
Meridian City Council
September 18, 2012
Page 23 of 48
property to be zoned C-G that is proposed to remain as such until the property
redevelops in the future. The Commission recommended approval of the two
applications. Ron Van Auker, Jr., testified in favor. There was no opposition or
commenting. Written testimony was received from Brad Miller in response to the staff
report. He requested that the existing home be allowed to continue using the well and
sewer until such time as either the well or septic fails or residential use of the property is
discontinued and the property redevelops. The Commission -- key items discussed was
the time of the existing home to hook up to city water and sewer service and the
Commission recommended the existing home not be required to hook up to city water
and sewer service until such time as the property redevelops or the system fails. There
was no written testimony received since the Commission hearing and the only
outstanding issue for Council is whether to follow the Commission's recommendation on
the timing for the existing home to hook up to city services. Staff will stand for any
questions Council may have.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Would you go back to what was probably the first slide of the little broader
area view of what we are looking at? What I'm trying to orient myself to -- is there a
significant grade change between the piece that faces Franklin and the part that's trying
to be changed?
Wafters: Yes, there is.
Zaremba: Okay. So there is a natural separation of that?
Waters: Yes . Yeah. It makes sense in this case.
Zaremba: I thought so. That's it for me.
De Weerd: Okay. Would the applicant like to come forward. Before I chastise you for
taking out a very valued grape growing area, you know, if you will, please, state your
name and address for the record.
Miller: My name is Brad Miller, 3084 East Lanark in Meridian.
De Weerd: Thank you.
Miller: Madam Mayor, Members of the Council, thank you for hearing this. This is
unique property. It's oddly configured and so we looked at it and we figured the best
Meridian City Council
September 18, 2012
Page 24 of 48
thing to do because of the grade change is to try to combine with the light industrial lots
down below. There is also on our southern border there there is an irrigation ditch that
runs along there, so it's a natural break right there. So, it doesn't make any sense to
connect it to the properties on Franklin Road and so we thought that we would go ahead
and see if we could change the land use designation and combine them with the lots
down below.
De Weerd: Council, any questions?
Bird: I have none.
Hoaglun: Madam Mayor, Brad, can a city ever have too much industrial lots?
Miller: I don't think so. I don't think we have enough and it's with great disappointment
that I say that I agree with everything in the staff report, so I usually like to have things
to argue about, but in this case I don't.
De Weerd: Wow. That's a red banner day.
Hoaglun: We have that on the recording, don't we, Mayor.
De Weerd: We do.
Miller: Thank you very much.
De Weerd: Thank you. This is a public hearing on Items 8-C and D. Is there any
member of the public who would like to testify on these items? Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move we close public hearings on CPAM 12-003 and AZ 12-003.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearings on items 8-C and
D. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve CPAM 12-003 and include all staff and applicant comments.
Meridian City Council
September 18, 2012
Page 25 of 48
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 8-C. If there is no
discussion, Madam Clerk, roll call, please.
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 8-D.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 12-003 with all staff and applicant comments.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk, roll call,
please.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
E. Public Hearing: CPAM 12-002 Paramount East by Brighton
Development Located West Side of Meridian Road, Between
W. Producer Drive and E. McMillan Road Request: Amendment
to the Comprehensive Plan Future Land Use Map to Change
the Land Use Designation on Approximately 12.90 Acres of
Land from Office to Medium Density Residential (MDR)
F. Public Hearing: RZ 12-001 Paramount East by Brighton
Development Located West Side of Meridian Road, Between
W. Producer Drive and E. McMillan Road Request: Rezone of
12.47 Acres of Land from the L-O (Limited Office) Zone to the
R-8 (Medium Density Residential) Zone
G. Public Hearing: PP 12-002 Paramount East by Brighton
Development Located West Side of Meridian Road, Between
Meridian City Council
September 18, 2012
Page 26 of 48
W. Producer Drive and E. McMillan Road Request: Preliminary
Plat Approval of 46 Residential Lots and Six (6) Common Lots
on 12.90 Acres in a Proposed R-8 Zone
De Weerd: Items 8-E, F and G are public hearings on CPAM 12-002, RZ 12-001, and
12-002. I will open these three public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next project before you
this evening is Paramount East. The applicant is proposing a Comprehensive Plan map
amendment from office to medium density residential, a rezone from L-O zone to the
R-8 zone and, of course, a preliminary plat consisting of 46 residential lots. This is
really an extension of the existing residential subdivision constructed in Paramount
Subdivision. The project is located on the west side of Meridian Road in between West
Producer Driver and East McMillan Road. Again, here are the -- here is the proposed
map changes before you this evening. You can see the one on the left-hand side
shows how much office is -- is proposed to change. It's approximately 12.9 acres. In
2003 this project was annexed and zoned into the city as part of the Paramount
Subdivision planned development and it was approved for office uses as a use
exception with that PD. If the change is proposed by Council this evening, we are
looking at going at R-8 to the zone, which is consistent with the surrounding residential
properties in the area. Here is the proposed plat that the applicant is proposing this
evening. A portion of the office lots is developed with a church and that happened in
2009, I believe, and, then, to the west of that is the remaining 12.9 acres that is to
change to single familiar residential development on the left-hand side is the concept
plan that the applicant has presented show you how the lots would conform and meld in
with existing subdivision to the west and, then, would mention to Council that all the lots
do comport to the R-8 standards. Because this was part of the planned development
back in the day, there are some modified setbacks that were approved with that PD as
well. The applicant is proposing to extend several stub streets and construct a new
collector street along the southern boundary, which is consistent with both their planned
development in 2003 and also with ACHD'S master street map. Here is the approved --
or the proposed landscape plan before you this evening. Open space for this
subdivision is at 17.4 percent. A majority of that is really parkways along the streets
and, then, center medians. Because this is an extension of the Paramount Subdivision,
anyone that lives in the subdivision will have rights to the constructed amenities that
were built with earlier phases. Here are the elevations that the applicant is proposing.
It is a sample. They submitted quite a bit more with the application, but I thought this
would give Council an idea of what they are proposing. Again, the mix of materials are
pretty consistent with what's in the adjacent subdivisions. Also I would mention to
Council that this property is subject to the original development agreement and was
approved in 2003. At some future time staff anticipates the applicant coming back and
amending that DA of -- in the recorded development agreement there is a restriction on
the number of buildable lots and the amount of square footage on office uses that can
occur within a development. So, they have been conditioned to come back and do that
at some date. At the Commission --during the Commission hearing it was approved on
August 16th. Speaking in favor was Mike Wardle. No one commented in opposition.
Meridian City Council
September 18, 2012
Page 27 of 48
There was a gentleman that stood up. His name was James Mitchell. He wanted to
discuss the R-40 zones property, because that was not part of the application. It had no
relevance on this application. That zoning is currently in place. Key changes to stafFs
recommendation. The Commission made none. And, then, the written testimony since
the Commission hearing came from Mike Wardle. He was in agreement with the
Commission's recommendations. So, outstanding issues before you this evening --
there aren't any. And, again, staff will stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
De Weerd: Okay.
Wardle: Madam Mayor, Members of the Council, Mike Wardle, Brighton Corporation,
12601 West Explorer Drive in Boise. Just a simple statement and, then, respond to any
questions you might have. This is -- these applications really reflect the momentum for
the residential component of Paramount. You have seen a lot of phases coming
through this year and we have three actually under construction right now, phases 19,
20 and 21, and we will be back with some more in the early spring of next year,
assuming that the crystal balls get pieced together and we know that there is still
something happening and it appears that there will be. We would just note that there
are office space parcels on the west side of the project within the section and we will be
coming forward shortly with some additional platting of the commercial property at the
northeast corner of Linder and McMillan and will have some office space in it as well.
So, we are still dealing with office opportunities, but we also need to respond to the
demands for the residential component, so the changes as proposed we ask for your
concurrence and approval and would be happy to answer your questions.
De Weerd: Thank you. Council, any questions? Okay. Thank you.
Wardle: Thank you.
De Weerd: I did have one person signed up to testify. Ralph Chappell. Okay. I will call
on you for the next one. I won't say you signed up on the wrong sheet. This is a public
hearing. Is there anyone who would like to provide testimony on this item? Seeing
none, any further staff comments? Anything further from the applicant? City Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the public hearing including CPAM 12-002, RZ 12-001 and
PP 12-002.
Hoaglun: Second.
Meridian City Council
September 18, 2012
Page 28 of 48
De Weerd: I have a motion and a second to close the public hearings to Items 8-E, F
and G. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we approve CPAM 12-002 with all staff and applicant comments.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 8-E. Madam Clerk, roll call,
please.
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 8-F.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve RZ 12-001 again with staff and applicant comments.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 8-F. If there is no
discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
September 18, 2012
Page 29 of 48
Zaremba: I do have a question I need to ask of staff before this one.
De Weerd: Okay.
Zaremba: Tell me again -- you wanted something about changing the -- since this
changing from an L-O to a residential, you said there were some other paperwork you
needed before we could get to the preliminary plat. Am I remembering that correctly?
No?
Friedman: Madam Mayor, Members of the Council, Council Member Zaremba, I believe
what Bill was referencing is right now under the current development agreement there is
a feeling, if you will, on residential lots, as well as on the amount of commercial use and
so as they start creeping up towards that number of -- towards that ceiling on the
number of residential lots, it's more of a really early notice that we will likely have to
entertain a development agreement modification to raise the ceiling, if you will.
Zaremba: Okay. So, this one doesn't push them over, but they need to be aware that
that may happen at some time.
Friedman: Correct.
Zaremba: Thank you. In that case, with no further adieu, I move that we approve
PP 12-002 with staff and applicant comments.
Hoaglun: Second.
De Weerd: I have a motion and a second without further adieu. Any discussion?
Madam Clerk.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
H. Public Hearing: CPAM 12-001 TM Crossing by Brighton
Investments LLC, Steven Smith and CRS10 Located Northeast
Corner of I-84 and S. Ten Mile Road Request: Amendment to
the Comprehensive Plan Future Land Use Map to Change the
Land Use Designation on 75.5 Acres of Land from LC (Lifestyle
Center), MHDR (Medium High Density Residential) and HDE
(High Density Employment) to Commercial
I. Public Hearing: AZ 12-005 TM Crossing by Brighton
Investments, LLC, Steven Smith and CRS10 Located Northeast
Corner of I-84 and S. Ten Mile Road Request: Annexation and
Meridian City Council
September 18, 2012
Page 30 of 48
Zoning of 89.22 Acres of Land from the RUT Zoning District to
the C-G (General Retail & Service Commercial) Zoning District
J. Public Hearing: PP 12-003 TM Crossing by Brighton
Investments, LLC, Steven Smith and CRS10 Located Northeast
Corner of I-84 and S. Ten Mile Road Request: Preliminary Plat
Approval of 50 Commercial Building Lots and Four (4)
Common/Other Lots on 75.5 Acres of Land
De Weerd: The next items are 8-H and I and J. I will open the public hearings on
CPAM 12-001, AZ 12-005, and PP 12-003 with staff comments.
Wafters: Thank you, Madam Mayor, Members of the Council. The next applications
before you are a request for a Comprehensive Plan map amendment, a rezone, and a
preliminary plat. This site consists of 75.5 acres of land. Is currently zoned RUT in Ada
County and is located on the northeast corner of Interstate 84 and South Ten Mile
Road. The applicant requests an amendment to the future land use map contained in
the Ten Mile interchange specific area plan to change the land use designation on a
total of 75.5 acres of land from a lifestyle center, which consisted of 30.45 acres of the
site, medium high density residential, which consisted of 8.5 acres of the site, high
density employment, which consisted of 39.75 acres, all to commercial. Because 176
acres of mixed employment uses are planned to the south of I-84 and 76-acres of high
density employment uses are planned to the west of Ten Mile Road and lifestyle center
is currently constructed at Fairview and Eagle, the Commission was of the opinion a
commercial designation may be appropriate for this property, as long as the property
develops in accord with the design elements of the Ten Mile plan. The next request is
for an annexation and zoning of 89.22 acres of land, with a C-G zoning district,
consistent with the proposed future land use map designation of commercial. A
conceptual development plan was submitted that depicts future building locations,
parking, streets and drive aisles. Sample building elevations were also submitted.
Because the zoning compatibility matrix in the Ten Mile plan with the C-G zoning district
as a zoning choice for the existing lifestyle center and high density employment
designated areas, as well as the proposed commercial designation, the Commission
recommends approval of the requested zoning. Hours of operation for businesses in
the C-G district that are adjacent to residential uses are limited from 6:00 a.m. to 11:00
p.m. This will apply to businesses along the east boundary of the site adjacent to
Primrose Subdivision. As a provision of annexation staff is recommending a
development agreement with the provisions listed in Exhibit B of the staff report. A
preliminary plat consisting of 50 commercial building lots and four common and other
lots was also submitted. The preliminary plat is proposed to develop in two phases.
Access is proposed by an off-site access to Ten Mile Road north of the site. You can
see here. No other access is available to the site at this time. ACHD policy restricts the
amount of traffic allowed on a collector street with only one public street access in and
out of the site to 3,000 vehicle trips per day. Additionally, the fire department requires
commercial buildings or facilities having a gross building area of more than 62,000
square feet to be provided with two separate and approved fire apparatus roads.
Meridian City Council
September 18, 2012
Page 31 of 48
Therefore, development will be limited until secondary access can be provided. The
transportation system map you see here on the left-hand corner contained in the Ten
Mile plan depicts an off-site access to Ten Mile Road north of the site, which runs south
to the roundabout at the north boundary of the site. From there a collector street is
shown along the north boundary of the site to the east and also to the south and back to
the west under the Ten Mile ramp. From the roundabout the street section map shows
two lane streets as appropriate for this site. After working with the applicant and ACHD
the applicant is now proposing a roundabout at the north boundary of the site as you
can see here with four lane streets and a median turn lane throughout the site, except
for the leg that runs to the west under the Ten Mile ramp, which is a two lane street
consistent with the street section map. A four lane with a median turn lane is an option
for street layout in the Ten Mile area. A street of this size is meant to serve as an
arterial with access restricted to collectors. Because of the high volume of traffic that is
likely to be generated from the proposed development, the Commission is of the opinion
the proposed streets are appropriate in this case. the Perdham Drain currently bisects
this site from the southeast corner to the northwest corner. You can see it here on this
aerial map. The Taylor Drain connects to the Perdham Drain from the south here. The
Perdham Drain is proposed to be relocated along the southern and western boundary of
the site. Both of these existing -- both of these existing easements are proposed to be
vacated. Landscape street buffers and buffers to residential uses are proposed on the
landscape plan in accord with UDC standards. The Commission recommended
approval of the subject applications at their August 16th public hearing. Mike Wardle
testified in favor. No one testified in opposition or commented. Mike Wardle did submit
written testimony in response to the staff report. Key issues of discussion by the
Commission was modifying the future land use map to allow for commercial, rather than
mixed us development in this area. The Commission did make some changes at the
recommendation of staff to the development agreement. Those provisions can be seen
in Exhibit B of the staff report. Outstanding issue for City Council. The applicant
requests a waiver from City Council to UDC 11-3A-6A3A, which requires the Perdham
Drain to be covered due to its large capacity. Council may waive this requirement if it
finds that the public purpose requiring such will not be served and public safety can be
preserved in order to waive the requirement or for large capacity facilities. Written
testimony has been received since the Commission hearing from Marshime Shekari, the
property owner directly to the north, Treasure Valley Investments. He requests an
alternative roundabout design that is more centrally located on the property to the north
be added as an option in the development agreement. This is the design here before
you. The cross-hatched area is what he is proposing. This is the current right of way
that's been dedicated. He also requests screening of roof top mechanical equipment,
loading docks, refuse and storage areas and a heightened level of architectural
emphasis on the rear walls of the buildings facing his property. And staff would just
comment that this will be taken care of with the design review process with certificate of
zoning compliance. Mike Wardle submitted written testimony prior to Council hearing
requesting that development agreement provisions 1.1.2E be modified as follows: A
welcome to Meridian sign shall be constructed north of the I-84 off ramp to Ten Mile
Road. The developer shall coordinate the funding, design, and location of the signs
with city planning staff and the commercial development properties along Ten Mile
Meridian City Council
September 18, 2012
Page 32 of 48
Road north to Franklin Road. In the same spirit, in lieu of the applicant's request staff
recommends the following language: Prior to issuance of the first certificate of
occupancy within the site the developer shall submit a surety to the City of Meridian for
half the cost of a welcome to Meridian sign to be placed at the intersection of South Ten
Mile Road and South Smithfield Drive on the property to the north. Developer shall
coordinate the design and location of the sign with city planning staff. The intent being
for the property owner to the north to pay for the remaining portion of the site at the time
of development of that parcel and construct the sign at that time. If the referenced
property to the north is not developed within five years the surety shall be returned to
the developer and the developer shall have no further obligation pertaining to the sign.
Staff will stand for any questions Council may have.
De Weerd: Council, any questions at this point?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: The thought occurred to me and the -- one of the questions by the property
owner to the north about shielding and appearances and backs of buildings and loading
docks and stuff, would it also be true -- ,anybody on the interstate or even the first
portion of Ten Mile Road is significantly elevated above this property and would be
looking down on the tops of the buildings probably or at least level with the tops of the
buildings and see over -- or in the left a very large building. It would be wonderful if that
was a Costco, but that's not the issue for the evening. But that building in particular
would be very visible from almost above it and the rear of it and just would design
review take care of those issues as well, somebody from an elevated perspective
looking down or do we need to discuss that?
Friedman: Madam Mayor, Members of the Council, Council Member Zaremba, that's a
very good question. Generally when we talk about the screening it's, you know, sort of
from the street level eye up and, obviously, as you correctly pointed out, we have a
signature grade difference there, so chances are they may be looking down on some of
those as they go down there. We would work with the -- our design guidelines don't
really kind of address that overhead view, but, you know, we would challenge the
developer and the builder to come up with something that could at least ameliorate
some of those impacts, recognizing that you're just not going to be able to do it when
you're that high above the building. Certain things might be able to be incorporated
actually into buildings, it just depends how they are designed. So, you know, that's a
future design challenge that we need take care of, because normally we do -- we do get
that sort of in the everyday design of our buildings and, again, trying going to set view
from the street sidewalk level that we mostly address.
Zaremba: Thanks.
Hoaglun: Madam Mayor, I did have a question for staff.
Meridian City Council
September 18, 2012
Page 33 of 48
De Weerd: Yes.
Hoaglun: And that was on the -- along the east boundary with those businesses that
abut the residential properties, that is restricted to closing-opening 6:00 to 11:00. Is it
just those four buildings we see on the concept plan? There is one that's inset quite a
bit, but is it all the buildings along the east boundary that are restricted to that time?
Wafters: Madam Mayor, Councilman Hoaglun, Councilmen, it would be all of those
buildings that are adjacent to that east boundary. The one that's inset probably not so
much, but the other three and the end tenant in that larger building would be subject to
those restricted hours.
Hoaglun: Okay. So, how far in does it make a difference? Distance does make a
difference in this case.
Wafters: Yes.
Hoaglun: Okay. Thank you.
De Weerd: Okay. Anything ,further at this point? Okay.. Would the applicant like to
make comment? The big gun is here.
Turnbull: Madam Mayor, Members of the Council, Mike and I are splitting duties
tonight.
De Weerd: Nice to have you here. If you will, please, state your name and address for
the record.
Turnbull: David Turnbull, 12601 West Explorer Drive, Boise, Idaho. I'll start by saying
it's nice to feel like a developer again. I remember Anna Canning calling me about this
time of the year in '08 or '09 and saying, you know, if you get a final plat in you could be
the only one for the year and so this year I think we are platting Spurwing Greens Two,
Three and Four and Paramount 18, 19, 20 and 21. So, things are happening again and
it feels better and, you know, there is a new vibe out there. I want to start by
acknowledging -- well, first thanking the staff for their presentation. I mentioned to Pete
tonight's my wife's 50th birthday, so I said if you could keep it short we -- I'd like to get
home as early as possible. But we also appreciate the work the staff's put into this.
This has been a -- quite an extensive two year planning process that we have been
going through on this property. Also I want to acknowledge the team that we have here.
We have had three engineers firms, HDR, Horacks, and Keller working on this project in
various capacities, along with The Land Group, and here with us tonight, of course, in
addition to Mike Wardle we have Matt Smith and Craig Hilbig from our company. So,
like I said, this has been a two year planning effort. We have had to consider things like
access and circulation. We have had to deal with 404 permits with the Corps of
Engineers and Nampa-Meridian Irrigation District. We have looked at buildings of
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September 18, 2012
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potential development layouts, we have visited numerous out-of-state developments to
see what's working and what's not working and our priority has always been to create
something that's going to be a positive addition to the city and at the same time having
the maximum chance for success. It takes into consideration unique features and
location of this area and I just want to stress, as I think Sonya has mentioned, our
commitment to the design standards included in the Ten Mile interchange specific area
plan, I think that those architectural elements are -- are the thing that's going to make
this a nice addition to the city. We concur with the staff report and their analysis and the
Planning and Zooming Commission's recommendations. They asked us to make some
revisions and we have done those. Mike, I don't know if you booted up the -- the
updated plan here that we submitted after the Commission hearing, but -- do you know
how to work this or -- Sonya, do you have that one, the one that we submitted? Okay.
Back one. There we go. Okay. So, this includes the roundabout. Now, you know,
there is a lot of things that changed between the time that the plan was conceived and
the actual engineering for the interchange was done. The elevation, the grade coming
over that interchange was extended for an underpass going under the road where you
can see the primary access was moved significantly to the north, which kind of skews
the road coming in. We had numerous discussions with Mr. Shekari, vve are happy to
have further discussions, but as of the time we made this application we couldn't get
any concurrence with him, so we are happy to reengage, but needing to move forward
we have a plan. that we think we would work through with ACHD with city, staff and,
then, through your Planning Commission and we think that it represents this type of
quality that this development needs. We had significant neighborhood involvement
with primarily people to the east, the Primrose neighborhood. We had a general
neighborhood meeting inviting all the surrounding property owners and that was held at
the Ten Mile Christian Church there at Ten Mile and Franklin. We have -- and that was
on May 31st. And at Mike Wardle's instigation and also the request of the Primrose
neighbors, we had a meeting in the Atwood home that backs up to the -- to our eastern
boundary where a significant number of the neighbors came out and the major points of
discussion was a buffer on the easterly boundary which we have addressed and I think
you have in the application a section that shows a significant landscaping buffer that
would be in place on the eastern property when we get to phase two. The status of
Verbena -- now that's a right of way -- Verbena is a street that comes through their
neighborhood and there is a right of way that extends through to our property. Of
course, you know, as I can attest on the street I live on if I called a pizza company and
asked them to deliver to my address oftentimes they come through a neighborhood that
is to the east of me and they can't get through and so these neighbors were, obviously,
concerned about anybody wanting to get to a business on Verbena -- and I guess I
should back up. The street naming committee requested that the -- our east-west
street, because it's in general alignment, be made Verbena and that caused a great
deal of heartburn for those neighbors. So, we submitted -- resubmitted for a waiver of
that and have it tentatively approved the name of Perdham for that street and we would
ask for the City Council's concurrence on that. That would help quell the concerns of
the neighbors to the east. The other points of discussion with them was their own
desire to have any multi-family relocated so that it wasn't abutting their property and we
have taken care of those concerns. Mike Wardle has outlined some outstanding issues
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September 18, 2012
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which I think that the --and Sonya also did pretty well. The first outstanding issue is the
waiver of UDC 11-3A-6A.3A for the relocation of the Perdham Drain in an open facility.
It's a rather large facility that drains that, you know, entire area. And the second
condition on the welcome sign -- we are happy to participate in that, by the way, just the
way the condition was read there is no physical place on our property where that could
be put. You know, the first -- the lowest location would be right in an ITD storm drain,
so there is really no physical way for us to do that. We are happy to participate in the
cost and Mike's suggested language back to Sonya was that property owners on both
the east and west side of Ten Mile participate. We are willing to work that out with staff
or, you know, abide by whatever they decide there. So, in conclusion, I think that we
have met the -- the conditions that staff has recommended that Planning and Zoning
Commission has recommended and we ask for your concurrence and approval on our
three applications tonight. And I will stand for any questions or wait until later if you'd
like to call me back up.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Hoaglun: Madam Mayor. Question, David, on --
De Weerd: Uh-huh.
Hoaglun: -- staff had followed up with different language -- a little bit different than what
Mike had submitted on the sign. Does that work for you guys?
Turnbull: Yeah. My only suggestion on staff language was kind of a hybrid between
what Mike submitted and what Sonya just read was that our feeling was that the
property owners on the east and west side of the road should be participants in that
cost. The way Sonya's read I think it's just the properties on the west side of the road.
So, that was my only comment on that.
Hoaglun: And I think I'd like to hear from
folks on the other side would participate,
doing anything right now, is that --
staff. I think the intent was probably that the
but you can't condition someone who is not
Watters: Exactly. Mayor, Councilman Hoaglun, Councilmen, the ship's already kind of
sailed on the west side of the road. We have development agreements in place and
they did not include that provision. So, that's the reason. So, staff's intent was for TM
Crossing and Mr. Shekari's property to pay for this sign.
Turnbull: That's a true latecomer's agreement. We are fine with that. I'm not going to
make a big issue of that. I understand where you are on that.
Hoaglun: Okay. I had another question and that goes back to the roadway. One of the
things that Tonya -- Sonya had mentioned was, you know, the secondary access --
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September 18, 2012
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development be limited until secondary access can be provided. What is -- is that
timing going to work out for secondary access? I mean that is important to our fire
department and --
Turnbull: Yeah. We have probably two or three different options that we can explore.
Hoaglun: And then --
Turnbull: And we have some similar discussions to do with the fire department as well,
so --
Hoaglun: Okay.
Turnbull: We will work through those issues as they come about.
Hoaglun: And Madam Mayor and David, to follow up on the traffic issue, it -- you know,
commercial sites can generate high volumes of traffic and I was looking at the plan, are
there going to be turn lanes as you're coming around and wanting to access a business
-- and I couldn't tell from that -- that view -- particular view we were looking at -- are
there turn lanes that are going to be -- I would think you would want that to flow, but I
didn't -- I didn't really -- couldn't tell from. the view we were looking at.
Turnbull: Yes, Madam Mayor, Councilman Hoaglun, those will be designed into the
final road design.
Hoaglun: I kind of figured that. You guys have done this a time or two, so -- but you
never know what -- what -- how things move forward. My last question I have regarding
the Perdham drain -- and let's -- we are dealing with Nampa-Meridian Irrigation District
on this particular one?
Turnbull: Yes .
Hoaglun: And they are okay with keeping that open?
Turnbull: Yes.
Hoaglun: Okay. Then what will the landscaping be for -- Madam Mayor and David, for
this area? Will that be landscaped? Are you just going to buffer that, so between the
freeway there will be the open drain and their easements and rights of way and, then,
you will have landscaping or is that landscape of some sort?
Turnbull: Well, we have a slide that depicts that right there. Oops. It keeps jumping
around. Okay. As you can see on the -- on the left-hand side of the freeway side,
which would be 20 foot access road and, then, we would plant -- and this is things we
have all discussed with Nampa-Meridian. On the -- on the south side they want that
planted in dry land seed, grass, to stabilize the bank, but they don't particularly want to
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September 18, 2012
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have any here, but that's going to be maintenance side. On the northern side of that we
would put a nonfescue grass and, then, we would -- we have made arrangements for
planter beds that could encroach into the easement to a certain degree and, then, we
have added another tree buffer on the north side of that. So, it's a fairly wide and
significant landscape buffer.
Hoaglun: Okay. Thank you.
De Weerd: Okay. Any further questions? Okay. Thank you. Okay. I had one person
signed up. Ralph Chappell. If you will, please, state your name and address for the
record.
Chappell: Ralph Chappell. 1899 South Swan Avenue, Meridian.
De Weerd: Thank you.
Chappell: And I think I saw the error of my ways. I saw 12-001 and I signed up on the
wrong sheet. On this particular item here I can remember way back when you were first
doing this Ten Mile thing you were saying you wanted this to be like a model showplace
for Meridian coming in and you were going to have housing down here and no service
stations and how we are going to change this thing from a lifestyle center to a -- what,
commercial? Why do we want to make a change? Why not just go with our
Comprehensive Plan? Why this change? That's all I have got. I just don't want it to
have an interchange like we have every other place, like go to Boise, everything is the
same. It's all commercial. So, thank you.
De Weerd: Thank you, Ralph.
Chappell: Next time I will read all the directions.
De Weerd: This is a public hearing. Is there anyone else -- yes, sir. Good evening,
Eric. If you will, please, state your name and address for the record.
Davis: Good evening, Mayor -- Madam Mayor and Council. Eric Davis, Retail West
Properties, 199 North Capital, Boise. And I represent Marseme Shekari who has the
property to the north. And I think you will remember -- maybe it's -- somebody does
remember ten years ago here with -- trying to get the interchange started and my client
was Eastborn Investments and we did a lot of things together, studies and plans and
ultimately Eastborn sold the property to Brighton and I applaud these guys for what they
have pulled together and their marketing efforts and their planning and, you know, I met
Marseme in that capacity when he was a neighbor of ours and we went on for, you
know, a year and a half and sold out and, then, Merzem would come to my office maybe
once a year, maybe every six months he would come walking in and I'd see him at an
ICSC conferences in Las Vegas and we kept in touch, but didn't have any real --
anything to do with this project until about two weeks ago he walked in and he had a
planning package and, you know, he says, Eric, what do I do and he tells me that he's
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September 18, 2012
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been having health problems, his daughter had health problems, so I took it and looked
at the package and I said you have got the greatest thing going, you're neighbors are
doing a great job and you have got access now off of -- you know, right in your front
door. But his -- his big -- I guess if he had a regret is that he didn't pursue the -- that
access with Brighton as he you probably should have and, you know, it's -- you know, I
-- this is the -- the roundabout and I think it was -- you know, he just -- you know, it's all
verbal with me and he said that back in May he was working with Brighton to do this and
in talking with the Brighton folks it was -- Merseme sort of went silent and they had to go
on and do what they have done. So, our purpose and my advice to Merseme is not to
hold up anything. You don't want to throw a rock at this proposal, have it move along,
but have this at least be on the table as an example of a way to maybe improve the
access for everybody in this joint situation. It would require a much more right of way
dedication by Chicory, additional costs, but I -- you know, just my professional opinion is
this would be a better arrangement, that it would definitely depend on the cooperative, a
lot of things can be agreed to. So, better late than never I guess. Apologize for the late
hour and the rest of the issues that we brought up in the letter about the screening just
seems like that's going to be handled, so -- I guess that's the time limit. Is that the --
De Weerd: It is the time limit. Were you --did you have any further comments?
Davis: No. I think iYs -- you know, I talked about this. with ACHD just briefly and they..
were a little bit concerned that Merseme hadn't been vocal and was hard to reach, so --
butthey were appreciative of this. So, I would just like to have it up on the table and as
an option in the future.
De Weerd: Okay. Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you, Eric.
Davis: Thank you.
De Weerd: Is there any further testimony on this item? Wrap up remarks?
Turnbull: Thank you, Madam Mayor, Members of the Council. I'll just make a few
quick responses to Mr. Chappell's testimony. It's not like everything has changed here.
There are some differences. Part of the difference is because of access is moving and
we have had to accommodate that. You know, lifestyle center is a pretty broad
definition. I don't know if there is a definition for what a lifestyle center is. If you take a
look at what Center Cal is doing, they have parts you might consider a lifestyle center
and parts that you wouldn't. I do know that in our travels we figured out what does work
with them and what doesn't. You can even see examples of it here locally. The first
thing that doesn't work with a lifestyle center is an unanchored lifestyle center. We saw
examples of people that put in kind of the Chichi stuff without the traffic generators that
the anchors provide and they just die. They die. We saw a project that we thought was
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September 18, 2012
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probably the most successful project that we saw and it was beautiful and it seemed to
be doing okay. We met with the -- we wanted to talk to the developer and the leasing
agent on that and we found out that it wasn't so successful after all. It went bankrupt.
And I said what went wrong and he said, well, part of the problem is that they broke
some of the rules. Number one is lifestyle centers, even in the best of circumstances,
have to be a minimum of ten miles apart and we met down in May at ICSC with the --
the real estate representative for Pottery Barn and William Sonoma and he said, you
know, we just don't do second stores a locations like Boise. He says you can go to San
Diego and you will find one Pottery Barn and he says I think maybe we have two
Williams Sonomas and that's, you know, San Diego. So, those are just the realities and
our objective is to adhere to the architectural design standards so you have a real high
quality architectural theme. We programmed in some intersections where we will have
clustered buildings and kind of some, you know, seating courtyard areas. We have got
an area where we will have some kind of an open plaza. We don't know if it's going to
be a fountain park or a, you know, winter skate park. I understand Center Cal is doing
that, so we may not want to do two of those in the valley. But we will work through
those issues and we will come up with architectural themes that will make the city proud
and that will also make this project successful in end kind. It's kind of like people that --
we don't develop golf courses, because generally the second or third owner is the one
that starts making money after the first two have gone broke. We don't intend to go
broke and we want this to be a successful tax revenue generating project for this city
and something that it can be proud of as well. We have retained a lot of the elements --
you know, we have retained the capability to do some, you know. taller office buildings
along the freeway, so that will all be as demand indicates. You know, what I don't want
to do is build a Stevens Henager building that's been sitting there for five years and had
the banner on it that says 12 months free rent, because I can't handle that. So, I
appreciate what Mr. Chappell said. With regard to Eric, Eric has been a real gentleman
in this effort and we are not opposed to opening up discussions with Mr. Shakeri again.
We did that for about nine months and never could get a commitment one way or the
other, so we actually told him or -- you know, early in the spring what -- we have to have
a direction one way or the other and he never could get us an answer and so we will
continue those discussions, but we need to have some certainty that this plan provides,
so we would appreciate approval of this plan as it's presented and if we want to make a
modification we will come back to the city. There is nothing that precludes that we don't
believe, so we will keep that door open and I appreciate Council's forbearance and
would appreciate your approval.
De Weerd: Thank you, David. Any questions that's --
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would just ask if you're amenable to thinking about the view of the buildings
from an elevated perspective as opposed to ground level.
Meridian City Council
September 18, 2012
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Turnbull: You know, Madam Mayor, Councilman Zaremba, I looked at that myself, you
know, and I have the same concern you do. Now I would point out that as you come
across the interchange there is a fairly significant metalwork screening wall already in
place that blocks a significant amount of view coming right off the interchange. It
probably tapers off as you get closer, but, yeah, we will work with the city. I mean we
can't -- you know, we are not going to put a garden on the top of the roof, but --
De Weerd: Oh, come one, that's green.
Turnbull: Well, you know, maybe if you lease it and --
Zaremba: Be a good place for a dog park.
De Weerd: We probably have some community gardeners who would love to raise food
for the food bank.
Bird: They can just get their checkbook out and buy it.
Turnbull: So -- but we will do the best we can. You know, it is a significant problem, but
there are probably some solutions that we bring the bear.
Zaremba: Thank you.
De Weerd: Anything further from Council? Thank you.
Turnbull: Thanks.
De Weerd: Any further comments from staff? Questions from Council? If nothing
further I would entertain a motion to close.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we close CPA -- CPAM 12-001, AZ 12-005, and CP 12-003.
Hoaglun: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 8-H, I
and J. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
Meridian City Council
September 18, 2012
Page 41 of 46
De Weerd: Mr. Bird.
Bird: I move that we approve CPAM 12-001 and to include all staff, applicant, and
public testimony.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-H. Any discussion from
Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, to leave the drain open, that is in the PP, isn't it? It wouldn't be in this?
Would it be in the PP?
Nary: Madam Mayor, Members of the Council, I think on one that could be in the
annexation because there is a DA.
Bird: Oh, the --
Nary: Yeah. There is a DA with that, so --
De Weerd: Okay. Any discussion from Council? I would just make a comment. You
know, I appreciate the testimony by Mr. Chappell and there was a lot of work and
participation in this Ten Mile area specific plan. A lot of that participation was by
Brighton Company and who knows probably better than most what the design criteria is
and I think that where there is confidence from this Council -- and I don't know how they
are going to vote. I can only anticipate. But they have been a quality developer in this
community and they have certainly upped the ante in the development that they have
done and have led -- I think been a contributor to the community and the community we
have become. So, I do have confidence that they will develop this in the manner and
the vision that was anticipated. It looks a little bit different than the blue and brown and
yellow with all that red, but it is a little bit different market and I have full confidence in
the design and quality they will bring to that area. But I appreciate your comments.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I just want to comment on that as well. I thought Ralph brought up a very
valid point and, you know, I will be disappointed if once this is all said and done that the
vision doesn't remain, that if it gets changed completely -- at the same time you weigh
that against what the market will -- will bring forth and can support. In many ways I see
Meridian City Council
September 18, 2012
Page 42 of 48
this development as helping be the springboard for the other parts to be accomplished
as laid out. But at the same time I'm not naive enough to think that there still won't be
further tweaks as we go along. Really, if I had my dream here, I would love to see a
Boise Hawks stadium going right there, right along the freeway, great access, the whole
bit. But they didn't come through with that, so --
De Weerd: Well, maybe the property to the north.
Hoaglun: Maybe the property to the north. I have hope. So, you know, it's one of those
things you have to work within what -- what people are willing to do and how to do it,
but, yeah, I would be disappointed if all that time and effort that laid out here and it looks
good on paper, doesn't come to fruition and --but there will be further tweaks, but I think
-- I hope -- I hope that in the end what staff worked so diligently on and the Council and
Mayor put a lot of time and effort into comes forth, so -- and the only other comment I
have overall is the fact that when I sit in my third story office in the City of Boise and I
look out on the first floor building below me and look at all that ugly duct work there is
nothing I can do about it and it's kind of difficult when one area is higher than another,
you're going to see what you're going to see and it's very difficult to disguise that, so --
and Iknow when you go up Glenwood and Fred Meyers is down there, you can get --
you see the -- it's cost prohibitive to do something different. So, while it would be nice
green to have, but I -- let design review work on the other stuff from ground level.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As long as we are commenting, I think that David and his staff have brought
forward a very very good project and I can't thank -- and I know you feel the same way
about this. I can't thank Eric and his group for ten years ago getting this started. They
are the ones that come in here and got us really believing in what could be done here
and stuff and David has taken farther along with it and, Eric, I just appreciate what you
have done out there in that area for us and what you started for us. I certainly
remember it.
De Weerd: I think I remember Steve and you and I pouring over Powerpoint
presentations and tag teaming perhaps on occasion. I recall those days as well. And,
you know, I have on the public record the developer giving us his word on the quality
and so if I have to pull out those minutes I will. I don't think I will.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just a further philosophical comment. A lot of good work went into the Ten
Mile area plan and a lot of good thoughtful input from a lot of people, stakeholders and
others, and I participated in some of those meetings. Personally, my thinking was that
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September 18, 2012
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the area that is proposed to be commercial probably should have been designated
commercial at that time, but I bowed to the people who were in the process and came
up with what they did. But I will say change -- changing this area to commercial fits a
little bit of my philosophy of how we deal with Meridian as the central city in this valley
and subject to all the traffic that passes through here. Instead of kicking about the traffic
I say we need to find ways to get them to stop and leave a few dollars here and you talk
about one of our major transportation corridors and now with the Ten Mile interchange, I
see this as an excellent opportunity to enhance Meridian's ability to attract passers
through to actually stop and do something here. So, I'm clearly in favor of this.
De Weerd: And I will just note as well, since Mr. Turnbull had mentioned perhaps some
office -- multi-story office, we will certainly work with them in any way we can to attract
users to that site that will bring additional value both to the development and to our
economic development. So, if there is no further discussion from Council, Madam
Clerk.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 12-005 with staff, applicant, and public testimony, with the
provision that the drain stays uncovered.
Zaremba: Second.
De Weerd: I have a motion and a second on Item H. Mr. Bird, I think it's not just the
drain, but there was a requirement that we believe that it's under the annexation on the
sign and the applicant agrees with the --
Bird: That -- would. the applicant testify that he and -- to the plan of the staff. So, I
thought I covered that for --
De Weerd: I would like to offer maybe just one comment is on -- if the north -- property
to the north does not develop within five years or another partner doesn't step forward to
fund, that the surety shall be returned to the developer.
Bird: I agree with that and that's what was agreed upon.
De Weerd: Well, I just added that language.
Meridian City Council
September 18, 2012
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Bird: Okay. I agree.
Zaremba: Second agrees.
De Weerd: Okay. Thank you. Any further discussion? Madam Clerk.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 12-003 and include all staff, applicant, and public
testimony.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-J. Madam Clerk, roll call,
please.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
K. Amended onto the Agenda: Public Hearing Continued from
March 27, 2012: AZ 11-003 King Property by Dexter King
Located at 1195 W. Overland Road Request: Annexation and
Zoning of 8 Acres of Land within an R-8 Zoning District
De Weerd: Item 8-K is amended to the agenda, which is a public hearing continued
from March 27th on AZ 11-003. The applicant has requested that this be continued to
November 6th, 2012. Council, do I have a motion?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move that we continue the public hearing on AZ 11-003 until November 6,
2012.
Meridian City Council
September 18, 2012
Page 45 of 48
Zaremba: Second.
De Weerd: I have a motion and a second to continue this item to November 6th.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Looking at the calendar November 6 is election day. We would hold that
meeting on Wednesday, November 7th.
De Weerd: Thank you.
Hoaglun: Make that motion to be November 7th. Thank you for catching that,
Councilman.
Zaremba: Did I second the original -- I
De Weerd: Yes.
Zaremba: Second accepts the change.
De Weerd: Well, thank you. All those in favor to continuing this item to November 7th
say aye. All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9: Department Reports
A. Mayor's Office: Letter of Support for the Meridian Anatomy and
Physiology Laboratory
De Weerd: Okay. Item 9-A is under Department Reports. Council, you have a draft of
a letter of support for the Treasure Valley -- for ISU's proposed lab and we did make a
couple of changes to it, adding a little bit more specifics to what this lab would bring to
our community and just making a stronger argument for supporting this asset in our
community. Any comments -- oh, yeah, you just got it, so --
Bird: Absolutely fantastic.
De Weerd: President Vailas did make a presentation to the Chamber of Commerce
today. It has such huge potential for this Treasure Valley region, for the entire state and
certainly bringing a lab of this type would bring the kind of research to our community
that I think will enhance the activities in the core, health, science and technology
corridor and the momentum that's building in that area.
Meridian City Council
September 18, 2012
Page 46 of 48
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I believe a laboratory like this would bring so many offshoots of industry and -- to
the core that I just would pray that we get it here. I think it's a great asset.
De Weerd: And, actually, the -- the asset of a forensic lab as being part of this proposal
has certainly good -- good positive ramifications I think for our law enforcement and our
public safety vision in that area as well.
Hoaglun: Madam Mayor, just a comment. My daughter-in-law is a -- graduate studies
to become a physical therapist and doing schooling in Missouri and the cadaver studies
and everything, that was something she really looked for in a school. I mean when they
do the hands on and really understand the human body I guess from talking to her there
is no substitute for that and that would be certainly something that would be beneficial
and you want to bring students to a region when they are looking for that in depth work
and to really understand things, I certainly can support this letter.
De Weerd: Thank you so much. Mr. Zaremba.
Zaremba: Madam Mayor, I saw the original letter and thought that was great. The
additions to it are great as well and I absolutely do support the idea of what ISU is doing
and of our sending a letter in support. So, wondertul.
De Weerd: Council, with that said, I would like to add your names to this letter and ask
that you consider being signatories as well.
Bird: That would be a privilege to me, Tammy.
De Weerd: Okay.
Zaremba: I would be pleased.
De Weerd: Okay. We will make the changes and we will get your signature -- collect
your signatures as well.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: My signature I think is on file electronically. Can I authorize that to be use or
-- I'm happy to come in and sign it in person, but if that's inconvenient --
De Weerd: That sounds good.
Meridian City Council
September 18, 2012
Page 47 of 48
Zaremba: When the letter is ready.
De Weerd: Yes. I'm sure we will have it ready tomorrow, but we also will need
Councilman Rountree's signature as well, so --
Bird: We will wait.
De Weerd: Yes. We will be in contact.
Zaremba: Okay.
Item 10: Ordinances
A. Ordinance No. 12-1527: On Ordinance (RZ 11-001 McNelis
Subdivision) for the Rezone of a Parcel of Land Located in the
SE'/4 of Section 34, Township 4N, Range 1W, Establishing and
Determining the Land Use Zoning Classification for 76.24
Acres of Land from the L-O Zoning District to C-G Zoning
District and .43 Acres of Land from the L-O District to the I-L
Zoning District and Providing an Effective Date Approved
De Weerd: But appreciate that offer. Sometime it's easier to do that than track all of
you down. Okay. Item 10-A is Ordinance 12-1527. Madam Clerk, will you, please,
read this ordinance by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1527, an
ordinance RZ 11-001, McNelis Subdivision for the rezone of a parcel of land located in
the southeast one quarter of Section 34, Township 4 North, Range 3 West, 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 16.24 acres of land from the L-O, Limited Office Zoning
District, to C-G, General Retail and Service Commercial Zoning District, and 4.3 acres
of land from the L-O, Limited Office Zoning District, to I-L, light industrial zoning 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? It's really exciting. Okay. Seeing
none, Council?
Hoaglun: Madam Mayor?
De Weerd: Yes.
Meridian City Council
September 18, 2012
Page 48 of 48
Hoaglun: I move approval of Ordinance No. 12-1527 with suspension of rules.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 10-A. 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 11: Future Meeting Topics
De Weerd: Item 11. Council, do you have anything for future agendas?
Bird: I have none.
De Weerd: Okay. I would like to congratulate our back row for making it through an
entire meeting. Ralph sits with us .every week, so you're certainly invited back. Council,
I would entertain a motion to adjourn.
Hoaglun: So moved.
Zaremba: Second.
De Weerd: All those in favor say .aye. All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
MEETING ADJOURNED AT9:13 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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