2015-04-28C�WEFIDIAI CITY COUNCIL REGULAR
IDAHO MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, April 28, 2015 at 6:00 PM
E
2.
3.
4.
5.
Roll -Call Attendance
X_ David Zaremba
O Charlie Rountree
X Genesis Milam
Pledge of Allegiance
O Joe Borton
X_ Keith Bird
X Luke Cavener
X Mayor Tammy de Weerd
Community Invocation by Larry Woodard with Ten Mile Christian Church
Adoption of the Agenda Adopted
Consent Agenda Approved
A. Findings of Fact, Conclusions of Order for Approval: Public Hearing: RZ
15-001 Paramount Southeast Subdivision by Brighton Investments, LLC
Located Northwest Corner of N. Meridian Road and W. McMillan Road
Request: Rezone of 5.05 Acres of Land from the C -G Zoning District and
3.37 Acres of Land from the R-40 to the C -G Zoning District
B. Findings of Fact, Conclusions of Order for Approval: PP 15-002 Paramount
Southeast Subdivision by Brighton Investments, LLC Located Northwest
Corner of N. Meridian Road and W. McMillan Road Request: Preliminary
Plat Approval Consisting of One (1) Building Lot in the R-40 Zoning District;
Twenty -Two (22) Building Lots in the C -G Zoning District and Five (5)
Common / Other Lots on 36.04 Acres of Land
C. Findings of Fact, Conclusions of Law and Order for Approval: CUP 15-002
Paramount Southeast Subdivision by Brighton Investments, LLC Located
Northwest Corner of N. Meridian Road and W. McMillan Road Request:
Conditional Use Permit for a Multi -Family Development Consisting of 280
Dwelling Units in an R-40 Zoning District
D. Title Amended to Read: ACHD Temporary Construction Easement— Ustick,
Meridian To Linder Project, Settler's Park Section
Meridian City Council Meeting Agenda — Tuesday, April 28, 2015 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.
E. Subgrant Agreement with. Ada County for Homeland Security Grant
Program for TriTech
F. Larkspur Subdivision No. 1 Water Main Easement
G. Larkspur Subdivision No. 1 Sanitary Sewer and Water Main Easement
H. Approval of Change Order No. 2 to Beniton Construction, Inc. for the
"WWTP Maintenance Facility Construction Management Services" project
for a Not -To -Exceed amount of $26,240.00
I. Approval of Change Order No. 1 to Sletten Construction Company for the
"WELL 21 IRON AND MANGANESE REMOVAL / TREATMENT FACILITY"
project for a Not -To -Exceed amount of $32,836.13
J. Development Agreement for Approval: MDA 14-007 Timbergrove by Blue
Marlin Investments, LLC, Located Along the West Side of N. Centerpoint
Way. Request: Multi -Family Development on Approximately 4.28 Acres
Consisting of Twenty (20) Four-Plex Structures in the C -G Zoning District
K. Second Addendum to Development Agreement for Approval: MDA 14-007
Timbergrove by Blue Marlin Investments, LLC, Located Along the West
Side of N. Centerpoint Way. Request: For the Sole Purpose to Exclude the
Property From an Existing Development Agreement for the Sole Purpose of
Entering into a New Development Agreement
L. Approval of the City Council Minutes from April 7, 2015
6. Community Items/Presentations
A. Police Department: Swearing In of 7 New Police Officers and Introduction
of 2 Non -Sworn Employees
7. Items Moved From Consent Agenda None
8. Action Items
A. Continued from April 21, 2015: Community Development Block Grant
(CDBG) Update - Community Center Fagade Improvements
B. Community Development Block Grant (CDBG) Action Plan 2014 Substantial
Amendment (Project Proposals) Approved
C. Public Hearing: RZ 15-002 Calderwood Business Park by GGR, LLC
Located Southeast Corner of S. Meridian Road and E. Calderwood Drive
Meridian City Council Meeting Agenda — Tuesday, April 28, 2015 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.
Request: Rezone of 4.08 Acres of Land from the L -O Zoning District to the
C -G (2.73 Acres) and L -O (1.35 Acres) Zoning Districts Approved
D. Public Hearing: MCU 15-001 Calderwood Business Park by GGR, LLC
Located Southeast Corner of S. Meridian Road and E. Calderwood Drive
Request: Conditional Use Permit Modification to Modify the Site Plan and
Certain Conditions Approved with the Larkspur Planned Unit Development
(CUP 04-025) Approved
E. Public Hearing: VAC 15-002 Calderwood Business Park by GGR, LLC
Located Southeast Corner of S. Meridian Road and E. Calderwood Drive
Request: Vacate a Portion of Note #14 of Larkspur Subdivision That
Requires Lot 5, Block 1 to Provide Commercial Access to Lot 2, Block 1
AND Reduce the Landscape Buffer Width from 40 Feet to 35 Feet
Approved
9. Department Reports
A. Public Works: Citywide Strategic Plan Discussion Discussion was
continued to May 5, 2015 City Council Meeting
B. Public Works: Approval Change Order No. 1 to HDR Engineering, Inc. for
the "NPDES PERMIT STRATEGY AND TECHNICAL ASSISTANCE" project
for a Not -To -Exceed amount of $96,000.00 Approved
C. Parks & Recreation: Agreement with Meridian Tennis Association for Use
of Settler's Park Tennis Facilities Approved
D. Community Development: Budget Amendment for Additional Spending
Authority Based on Contributions from Meridian Development Corporation
(MDC) and the Meridian Chamber of Commerce for Pegasus Multi -Use and
Event Center in the Amount Not -to -Exceed $15,500.00 Approved
E. Community Development: Approval of Change Order No. 1 to Pegasus
Planning and Development for the "Project Development Plan — Multi
Purpose Event Center" Project For A Not -To -Exceed Amount of $7,000.00
Approved
F. Fire Department: EMS Standing Written Orders App Development
Agreement Approved
G. Legal Department: Ordinance Updating Provisions Of Licensing,
Permitting, False Alarm, And Parking Codes Ordinance will be on May 5,
2015 agenda for approval
10. Future Meeting Topics None
Meridian City Council Meeting Agenda — Tuesday, April 28, 2015 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.
11. Executive Session Per Idaho State Code 67-2345 (1)(a)(d)(f): (a) To consider hiring
a public officer, employee, staff member or individual agent, wherein the
respective qualities of individuals are to be evaluated in order to fill a particular
vacancy or need. This paragraph does not apply to filling a vacancy in an elective
office or deliberations about staffing needs in general; (d) To Consider Records
that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code;
AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation
Into Executive Session at 7:50 PM
Out of Executive Session at 8:52 PM
Adjourned at 8:52 PM
Meridian City Council Meeting Agenda — Tuesday, April 28, 2015 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 April 28, 2015
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April
28, 2015, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Genesis Milam
and Luke Cavener.
Members Absent: Charlie Rountree and Joe Borton.
Others Present: Bill Nary, Jacy Jones, Bruce Chatterton, Bill Parsons, Tom Barry, Warren
Stewart, Jeff Lavy, Michae de St. Germain, Mark Niemeyer, Mike Barton, and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba Joe Borton
Charlie Rountree X Keith Bird
X Genesis Milam X Lucas Cavener
X Mayor Tammy de Weerd
De Weerd: Well, good evening. I'd like to welcome you to our City Council meeting. It's
always nice to see a room full of friendly people. So, thank you for joining us. For the
record it is Tuesday, April 28th. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join
us in the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry Woodard with Ten Mile Christian
Church
De Weerd: Item No. 3 is our community invocation. We will be led tonight by Larry
Woodard. He is with Ten Mile Christian Church. It's always nice to see you, Larry.
Woodard: It's good to see you.
De Weerd: Thank you for joining us. I'd ask you to join us in the community invocation or
take this as an opportunity for a moment of reflection.
Woodard: Our Dear Heavenly Father, as we come before you again tonight with our
heads bowed we want to once again thank you for watching over our city and especially
these members of the City Council and our Mayor. Despite the news we see on television
Meridian City Council
April 28, 2015
Page 2 of 40
today, we recognize that there are increasing problems with drugs and violence
throughout the country, but our city remains largely a good place to live and I thank you
for that. Tonight we have a very special evening with new police officers being sworn in
and I just want to take a minute to ask you to watch over these new officers as they begin
their duties and also be with their families, because I know it's doubly hard for wives and
the parents. Want to pray also for our paramedics and for our fire personnel. Keep them
all safe, keep our homes safe this spring and summer and as children come out to play
may our streets be safe and the playgrounds a place of enjoyment as little league, soccer
and other team sports begin. I cannot help but reflect on a scene I saw this week. As
drove north on Meridian Road I passed a pond along the road and here was a grandfather
sitting in a folding chair with his two grandchildren fishing in the pond. I'm not sure they
caught any fish, but the point of it was grandpa had taken them. I hope we have more
scenes like that throughout our city. As a city we wait to hear the news of possibly a new
event center and we ask for wisdom as to the right course of action and these are exciting
times in Meridian and we look forward to further results. I pray tonight for every
household as we all struggle with societal changes. Some good, others not so good.
Keep our families together and for those who are recovering from addictions we ask your
hand on each. Some of us look forward to this Friday night when the Rescue Mission
graduation is held and celebrate the year of long recovery for many young men. Help
them as they return to society. Bless us tonight in Jesus' name, amen.
De Weerd: Thank you, Larry. We appreciated your words.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On Item 5-D, amend the title to read ACHD temporary construction easement,
Ustick, Meridian to Linder, project, Settlers Park section and with that I move we accept
the amended agenda.
Zaremba: Second.
De Weerd: I have a motion and a second to adopt the amended -- agenda as amended.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 5: Consent Agenda
A. Findings of Fact, Conclusions of Order for Approval: Public
Hearing: RZ 15-001 Paramount Southeast Subdivision by
Meridian City Council
April 28, 2015
Page 3 of 40
Brighton Investments, LLC Located Northwest Corner of N.
Meridian Road and W. McMillan Road Request: Rezone of 5.05
Acres of Land from the C -G Zoning District and 3.37 Acres of
Land from the R-40 to the C -G Zoning District
B. Findings of Fact, Conclusions of Order for Approval: PP 15-002
Paramount Southeast Subdivision by Brighton Investments, LLC
Located Northwest Corner of N. Meridian Road and W. McMillan
Road Request: Preliminary Plat Approval Consisting of One (1)
Building Lot in the R-40 Zoning District; Twenty -Two (22)
Building Lots in the C -G Zoning District and Five (5) Common /
Other Lots on 36.04 Acres of Land
C. Findings of Fact, Conclusions of Law and Order for Approval:
CUP 15-002 Paramount Southeast Subdivision by Brighton
Investments, LLC Located Northwest Corner of N. Meridian Road
and W. McMillan Road Request: Conditional Use Permit for a
Multi -Family Development Consisting of 280 Dwelling Units in an
R-40 Zoning District
D. Title Amended to Read: ACHD Temporary Construction
Easement — Ustick, Meridian To Linder Project, Settler's Park
Section
E. Subgrant Agreement with Ada County for Homeland Security
Grant Program for TriTech
F. Larkspur Subdivision No. 1 Water Main Easement
G. Larkspur Subdivision No. 1 Sanitary Sewer and Water Main
Easement
H. Approval of Change Order No. 2 to Beniton Construction, Inc. for
the "WWTP Maintenance Facility Construction Management
Services" project for a Not -To -Exceed amount of $26,240.00
I. Approval of Change Order No. 1 to Sletten Construction
Company for the "WELL 21 IRON AND MANGANESE REMOVAL /
TREATMENT FACILITY" project for a Not -To -Exceed amount of
$32,836.13
J. Development Agreement for Approval: MDA 14-007 Timbergrove
by Blue Marlin Investments, LLC, Located Along the West Side
of N. Centerpoint Way. Request: Multi -Family Development on
Approximately 4.28 Acres Consisting of Twenty (20) Four-Plex
Structures in the C -G Zoning District
Meridian City Council
April 28, 2015
Page 4 of 40
K. Second Addendum to Development Agreement for Approval:
MDA 14-007 Timbergrove by Blue Marlin Investments, LLC,
Located Along the West Side of N. Centerpoint Way. Request:
For the Sole Purpose to Exclude the Property From an Existing
Development Agreement for the Sole Purpose of Entering into a
New Development Agreement
L. Approval of the City Council Minutes from April 7, 2015
De Weerd: Item 5 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the amended agenda -- Consent Agenda as amended earlier
and for the Mayor to sign and the Clerk to attest.
Zaremba: Second.
De Weerd: I have a motion and a second to adopt the Consent Agenda. Madam Clerk,
will you, please, call roll.
Roll Call: Rountree; absent; Bird; yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Item 6: Community Items/Presentations
A. Police Department: Swearing In of 7 New Police Officers and
Introduction of 2 Non -Sworn Employees
De Weerd: At this time I will turn this over to our chief of police Jeff Lavey.
Lavey: Madam Mayor, Council, thank you for the time this evening. This morning as
was preparing for today I was grateful that I was not the chief of police for the city of
Baltimore. But with that being said, regardless of what your views are, I would like to take
this moment to keep our brothers and sisters in public safety in the city of Baltimore and
their community in our thoughts as we have our ceremony this evening. We have a great
place, the City of Meridian, and that great place is because of the men and women that
are a part of this community and only the police department is a very small part, but we
have been working tirelessly -- it's kind of a marathon hiring session as we had to hire new
Meridian City Council
April 28, 2015
Page 5 of 40
people that you were gracious enough to approve in the last budget session. We had to
replace a few people that had left and moved on and we had to replace a couple of people
that had retired from the City of Meridian and so there was about 13 people that we hired
over the last -- the last year and I have been fortunate enough to introduce them to you,
you know, a couple every once in awhile. Never has it been this big a group and the other
thing that I had chosen to do is to also bring our nonsworn employees as well. I don't
believe we have ever included them here at City Council. We have given them
recognition at our department ceremonies, but never at City Council and they are equally,
if not as important as the officers that are in the field and so it's befitting to have them here
today as well. So, if you would allow me, I'm going to call first the seven officers up front
and, hopefully, they will remain in this order, but if Ashley could come up front and kind of
stand over here. And put RD next to her. Matthew. I will be the choreographer, too.
David. Candice. Vijay. And Samuel. Now, the purpose of today is kind of three fold.
First, we are here to swear them in officially. Second we are here to introduce them to
Council and to the community members in the audience. And, third, it's a family moment.
It is a moment for you to take pictures and to celebrate this -- this moment in time as
several of these officers start their law enforcement career and several others start a new
career here at Meridian. So, I want you to come forward and take pictures as soon as we
get down with the oath and, Frank, you also can come forward and get pictures as well,
because sometimes we get pictures -- and I don't want you guys to move, because
sometimes we get pictures of them kind of like standing and walking away and going
can't wait to get down and we want to have some good pictures that show up in the -- in
Facebook and, then, in the ValleyTimes, so --
De Weerd: Well, he told me I could take a picture I did, so --
Lavey: Perfect.
De Weerd: So, thank you.
Lavey: Perfect. Perfect. If the officers can raise their right hand and repeat after me. I,
state you name, do solemnly swear or affirm that I will support the Constitution of the
United States and the constitution and laws of the state of Idaho, and the laws and
ordinances of the City of Meridian. That I will abide by the Law Enforcement Code of
Ethics and the policies and procedures of the Meridian Police Department. That I will
obey all lawful orders of those appointed over me and as I -- that I will, to the best of my
ability, faithfully discharge all the duties of police officer for the City of Meridian, so help
me God. Congratulations. Now, I'm going to -- now I'm going to read a little bio from each
officer, but as I'm doing that any family member or Frank that wants to come forward and
take pictures you may do that. I promise not to get distracted from the flashes if they are
behind me, so -- Ashley Hegman Turner -- make sure we are still in order -- comes with
more than three years of experience as a police officer from the state of California,
Bakersfield Police Department in Bakersfield, California. So, welcome, Ashley. Ashley is
a lateral officer with Meridian and she will have to challenge POST and so she's in that
process right now. Courtney Dozier. He has almost nine years of law enforcement
experience with the majority of that experience being as a police officer for the city of
Meridian City Council
April 28, 2015
Page 6 of 40
Caldwell here in the state of Idaho. Matthew Archuleta has almost eight years of
experience as a police officer with the Nampa Police Department, as well as the
Burlington Northern Railroad in Washington state. During the past year he has also been
a coordinator at the Idaho POST. David Cushing comes from the city of Twin Falls and he
has almost two years of law enforcement experience with that agency. All four of those I
just mentioned are lateral officers. It means they came to Meridian with some level of
experience. The next three officers have chosen the City of Meridian as their first law
enforcement job. Hopefully their last law enforcement job. But it's always exciting to get
new blood that is excited about joining law enforcement after we see all of the negative
things on a daily basis. Candace Hennefer joins the Meridian Police Department as a
police officer recruit. She has spent the last five years working as a wild land firefighter.
She is scheduled to attend the POST Academy in June of 2015 and, yes, Chief Niemeyer,
we did recruit her over. Vijay Sahni joins the Meridian Police Department as a police
officer recruit. He was born in the City of Meridian and is the second generation of a
family policemen here in the Treasure Valley. He is scheduled to attend the POST
Academy in June 2015. What's unique about this young man is that his father is retired
from the Ada County Sheriffs Office, who is standing right behind me. But his brother is a
deputy for Ada County Sheriff's Office, who is standing -- or sitting behind me as well.
And, then, Vijay was the smart one, because he came to the City of Meridian.
De Weerd: I'm glad you said that, because I would have.
Lavey: You would have. Hopefully he is not armed now that he's retired, but -- and Sam
is -- has joined the Meridian Police Department -- Samuel Lang joins the Meridian Police
Department as a police officer recruit. He is scheduled to attend the POST Academy in
2015 and I believe Sam also has U.S. Navy experience as well, so he's also a veteran in
the U.S. military. So, we thank you for that as well. Did we get pictures? Everybody got
pictures? Come and take them. The time is yours.
(Pictures taken.)
Lavey: Thank you. The torture is over. You may have a seat. Madam Mayor and
Council, I would just like to point out that all seven of these officers have just completed a
five week advanced academy training program. Four of the lateral officers are currently
working the streets in the field training process. The other three officers are awaiting their
academy slot, which is not until June -- June 21st. So, what they are doing is riding with
officers, riding with detectives. I think they are going to -- down to dispatch to spend a
week down at dispatch as well and kind of learn behind the scenes before they actually hit
the road in a training capacity and they will have ten weeks of the police academy and,
then, they will come back and do 14 weeks of field training. So, congratulations, officers.
De Weerd: So, Jeff, before you move on, I would just like to welcome you to our City of
Meridian family. You have joined a department that has a good reputation in our
community. They have a different culture here. They have embraced our CARE values of
customer service, accountability, respect and excellence, where our police officers are
partners with our citizens. We know that our police can't do it all and our citizens are
Meridian City Council
April 28, 2015
Page 7 of 40
willing partners to our law enforcement. You have joined a family that's very supportive of
one another and we are thrilled to have you join us. Now, I'm glad I didn't know about the
Caldwell, Nampa, and Twin Falls before now, because I just saw their mayors and I would
have had to apologize. But I don't know how sincere that apology would have been. We
think you chose the right law enforcement department and we hope that your -- you're
here and we -- we come to your retirement party. So, to the families thank you. We know
that your officer is going to need your support and it's probably a difficult row for our
families and certainly Councilman Cavener, growing up in a law enforcement household
probably can say a lot about how that -- how that works. But to our families thank you.
We appreciate you sharing your loved ones with us and we will keep them safe as they
work to keep our community safe. So, again, congratulations. We look forward to seeing
you on the street, waving at you. I did tell the chief that is the sign of success when our
police officers wave at people when they drive by them. So, just saying. Any other
comments from Council? Okay.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I will be brief. Well, this is a family here. We know there is a true family for our
emergency responders, but here at the City of Meridian it's a family, too, and we are
excited and honored that you choose to continue your career with our community and we
are excited to have you here. You will follow a long line of other officers that have
continued to make our -- our police officers and our emergency responders the best in the
county and we are really excited and honored to have you here. So, thank you.
De Weerd: And we do know it's because of our -- our safety personnel that we are one of
the safest communities in Idaho. We are third. We are going for number one, but we
have to beat out Weiser and Rexburg -- or Rigby or something. So, there you go. Again,
welcome and I will turn this back over to you, Chief.
Lavey: Thank you, Madam Mayor. I'd like to call Kendall and Christi forward and if you
could stand in the same area that the officers did. As I was coming to Council today I was
sitting out in the parking lot and I was receiving e-mails from Kendall and I was wondering
why is she working so late and, then, I realized that she was probably just working before
she had to be here. These -- these two introductions are kind of special, because as I
hinted to you before, we have people that work behind the scenes and they do a major
part, if not a bigger part, than what the officers often do. Christi works in the support staff
in the records division as a data clerk, but Kendall is a little bit more out there in the
community, because she is doing the substance abuse coordinator role for MADC. But I
couldn't do it justice introducing them and so I asked them to write me a short paragraph
for a bio that I would like to read -- read to you as well. They -- they are not more than a
couple of pages long, so -- no. Kendall is an Idaho native born in the city of McCall. She
and her husband of nearly 20 years are grateful to be raising their daughter -- their
daughters in such a safe and supportive community. She comes to the Meridian Police
Department with a strong background working throughout the community as an advocate
Meridian City Council
April 28, 2015
Page 8 of 40
for families and youth. She has been a nonprofit president, a business operator and
teacher. Kendall enjoys teaching and mentoring children, which is reflected in her choice
of volunteer commitments such as soccer coach, girl scout troop leader and active PTA
member. She says she very much looks forward to serving the Meridian Community as
she works to reduce drug use through education and prevention in her new position as the
substance abuse prevention coordinator and she's also in charge of the Mayor's anti-drug
coalition. So, welcome aboard Kendall.
Kendall: Happy to be here.
Lavey: Christi has been a resident of Meridian for the past ten years. She is married --
she has been married for 25 years and has two daughters. She and her husband are
expecting their first grandson next month. Prior to being hired on full time Christi has
volunteered for the Meridian Police Department in records and our own Meridian City Hall,
supporting the Mayor's office, as well as running the information desk in the lobby. If she
looks familiar you probably have seen her at those one or two places. She continues
giving up her time volunteering for the VA in downtown Boise and during the winter
months spends as much time as possible on the ski slopes. Christi previously owned a
videographic business and spent time in a computer networking firm working in facilities
and security. Christi is excited to begin her career with law enforcement at the Meridian
Police Department. Welcome aboard, Kendall and Christi.
De Weerd: Well, Christi and Kendall, we would like to welcome both of you two to our city
family and I know we will be seeing both of you. I look forward to meeting with you,
Kendall, and touching base on the anti-drug coalition and getting a good grip on what your
vision is for it as well. You have great leadership, a lot of support, and you make it -- that
program and the people that are involved in it make a huge difference in our community in
partnership with our law enforcement. It's a hand and glove type of a duty and -- and
have been assured by the chief that it's a passion for you and I look forward to working
with you. And, Christi, it's great to see you and I just wish you a lot of success in this new
venture. So, thank you for being here tonight.
Lavey: Madam Mayor, Council, I actually spoke about Kendall sending out an e-mail right
before we came here. You probably haven't had an opportunity to read it yet, but if you
read that e-mail you can -- you can just sense the passion in that e-mail and so it's just --
it's just exciting. So, I think we have many positive moments in store -- she's kind of like
Stephanie, kind of a fireball, so -- I would like to thank you for giving me this -- this time. I
know it's -- it's -- Councils have gone for many, many hours this month and so we -- we
were trying to keep them as short as possible as you go to the month, but I'm glad that
you gave me this time to have this -- this awesome responsibility in introducing our new
employees. We are very, very, very excited about this group of people, probably had the
greatest success through the hiring process this time around than we have ever had and
don't know what we had done differently, so -- the quality of people that we -- we got this
time was just phenomenal. Not to say that we haven't had great people in the past, but
we have had to work very, very hard to find those people in the past and it was just a little
bit easier this time.
Meridian City Council
April 28, 2015
Page 9 of 40
De Weerd: Well, chief, I think that speaks to the team that you have and the reputation
that you're building as a -- as a team, as a family, as a good place, a good culture to work
in. So, that -- that goes well to the team that you have in the back in the room that's
always so unruly, but it's all part of the culture.
Lavey: And they are always in the back, too. Right? In the back on the right-hand side.
Thank you.
De Weerd: Thank you. And, no, you all don't have to stay here. You can really leave if
you would like.
Item 7: Items Moved From Consent Agenda
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: Action Items
A. Continued from April 21, 2015: Community Development Block
Grant (CDBG) Update - Community Center Fagade Improvements
B. Community Development Block Grant (CDBG) Action Plan 2014
Substantial Amendment (Project Proposals)
De Weerd: So, we will go right into Items 8-A and B and turn this over to Sean.
Kelly: Thank you, Madam Mayor, Members of the Council. I appreciate the opportunity to
be here tonight to talk to you about this -- this will be the first of probably many of my
appearances at Council all summer long, so start my marathon, so, hopefully, you don't
get too tired of me. What I would like to talk to you about tonight is the community center
fagade improvement, why that failed, and bring you up to speed on what the genesis of
that was and, then, also -- because I missed last week, this week is going to be my
amendment that I wanted to propose, so I will go ahead go into that afterwards. Thank
you very much. So, this project -- we started it last summer. It was developed in the '14
action plan as a slum and blight remediation. When I tried to -- when I started the process
of making sure that this is a qualifiable project before we spent money and dug any dirt on
this project, we discovered that HUD was not going to fund this project, it wasn't
qualifiable. The reasons why is because in the past we have done all of our -- all of our
urban renewal, all of our slum and blight projects are fagade improvements. Under the
auspices of the MDC URA we found out this year that HUD will only allow you to use the
URA for the first ten years of its life span, even though the state statute allows us go
further to do other projects. So, in order to do a CDBG -- CDBG product -- or project we
have to have something to base that off of. We are now in year 12 or 13, 1 think, of the
MDC URA. So, it no longer provides the justification for us to do those types of projects.
So, it's good that we started to do the digging before we actually started digging and had
to pay any money back. That means that we still have a 160,000 dollar project that we
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April 28, 2015
Page 10 of 40
have to back fill for 2014. HUD really did work with us and tried to find another way to
qualify this project. They wanted to see it go, because it was a planned project. They
saw it, they approved it, they admitted that they missed that piece when they did their
check of our action plan last year. The end result is this project is dead. It's not going to
go forward. The remedial action that I have come up with -- we are currently planning for
the 2015 action plan year. That means we have a lot of applications coming in, different
projects, certain people who are applying for next year's funds. I have -- or I found that
there were a least two that were -- had the capacity to and the ability to carry out their
projects that they submitted this year. They qualified. They were able to carry them out
within this program year 2014, one of which is Meridian Parks and Recreation Storey
Park. That is an ADA upgrade. That's a remodel. No, we are not building a new facility
there. We are not knocking one down. It's an actual ADA compliant piece and parks have
assured me that they can go ahead and cut on that really quickly and Boise City, Ada
County Housing Authority has approached us as well. They want to again partner with the
City of Meridian to direct home buyer assistance. We have done that with them in the
past. We have been successful. They were willing to take that on as well again. So,
those are the two that came through that were immediately qualifiable. They fit a large
chunk of that 2014 year project -- or programming year 2014 budget. The other part of
this is we have a problem that we have got to fix and that's we don't have anything to
justify doing slum and blight, urban renewal, economic revitalization, historic renovations
or any of those types of projects and really great tools for CDBG to use and we have done
them in the past. So, what I recommend is that we use the admin budget, which part of
what it's there for is to do planning, like we do the consolidated plan and some of those
other pieces, as a planning project. We submit RFPs to qualified organizations that can
do the life study on the City of Meridian, identify contributing factors of slum and blight.
Contributing factors, such as deteriorating stericity of our building in our downtown and
once we have that I bring that to Council, Council goes -- Council takes a look at that and,
then, we submit that to HUD for approval. We can use that as our justifications for the
next ten years. So, those are the three that I am recommending to put into the substantial
amendment, because we have to do a substantial amendment and as we all know
substantial amendments require a citizen participation plan trigger, which means we have
a 30 day comment period, which will probably be a little bit longer than that, because I will
start it as soon as possible and, then, it will have to have a public hearing, which will --
which we will do at Council and close. So, my staff recommendation is to direct staff to
execute the substantial amendment as described, barring any feedback from Council and
Mayor, to begin -- and to begin the citizen participation process immediately. I will go
straight to the newspapers and put that out there. And also to direct staff to return and
present that amendment, close the public comment period, whenever it does expire, and,
then, submit that to HUD. And with that staff will stand for any questions that you may
have.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you. So, do you need a motion tonight to move forward?
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April 28, 2015
Page 11 of 40
Kelly: I believe I do, ma'am.
De Weerd: Okay.
Kelly: Madam Mayor.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Keep that up on the screen so I can read it. I move that we direct staff to execute
the substantial amendment as described and begin the citizen participation process
immediately and also to direct that staff to return to present the amendment and close the
public comment period when expired and submit to HUD.
Zaremba: Second.
Milam: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will
you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes. Thank you.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Kelly: Thank you, Madam Mayor.
C. Public Hearing: RZ 15-002 Calderwood Business Park by GGR,
LLC Located Southeast Corner of S. Meridian Road and E.
Calderwood Drive Request: Rezone of 4.08 Acres of Land from
the L -O Zoning District to the C -G (2.73 Acres) and L -O (1.35
Acres) Zoning Districts
D. Public Hearing: MCU 15-001 Calderwood Business Park by GGR,
LLC Located Southeast Corner of S. Meridian Road and E.
Calderwood Drive Request: Conditional Use Permit Modification
to Modify the Site Plan and Certain Conditions Approved with
the Larkspur Planned Unit Development (CUP 04-025)
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April 28, 2015
Page 12 of 40
E. Public Hearing: VAC 15-002 Calderwood Business Park by GGR,
LLC Located Southeast Corner of S. Meridian Road and E.
Calderwood Drive Request: Vacate a Portion of Note #14 of
Larkspur Subdivision That Requires Lot 5, Block 1 to Provide
Commercial Access to Lot 2, Block 1 AND Reduce the
Landscape Buffer Width from 40 Feet to 35 Feet
De Weerd: Okay. Items 8-C, D and E are public hearings on RZ 15-002, MCU 15-001
and VAC 15-002. 1 will open these three public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next hearing -- or next
item on the agenda this evening is the Calderwood Business Park. It's located on the
southeast corner of South Meridian Road and East Calderwood Drive and it's currently
zoned L -O within the city. The project before you consists of approximately 4.08 acres of
land and in 2004 this property was before you. At that time the developer was proposing
to develop a 12 lot office park. That was approved with the assisted living facility that's to
the east of this site and, then, also the 40 single family lots that are directly to the south of
this development. So, they came in with a planned unit development and got a use
exception to develop an office park on this property. The current land designation of this
piece is medium density residential on the Comprehensive Plan. Because the property
sits adjacent to commercial designation and because the land use designations aren't
parcel specific, both staff and the Planning and Zoning Commission find merit in floating
that Comprehensive Plan designation across this property to rezone a portion of the site
to the C -G zoning district and the next exhibit here shows you the approved concept plan
that came through before you with the business park -- or the office park, excuse me,
which shows the 12 office buildings, the assisted living facility and, then, also the single
family lots that are south of this. With the rezone application the applicant has provided a
revised concept plan to replace the concept plan I just showed you. You can see here the
lots that front along Meridian Road are proposed to be zoned C -G, which is approximately
2.73 acres of the site. Along the east boundary we have three office pad sites and that
consists of approximately 1.35 acres of land. Access to this development will be provided
from East Calderwood Drive, which is currently constructed, and another access -- full
access point is constructed along the east boundary that would provide another access to
a local street, which is labeled Black Spur Way and both streets were developed and
improved with the development of the Larkspur Subdivision in 2004. The concept plan
before you this evening does not show any access to Meridian Road and none is
proposed with this application. ACHD did provide comments on this application and
because the applicant is not changing the two access points that they acted on in 2004
they really have no comments related to this application. The applicant is asking for a
vacation this evening to, one, reduce the landscape buffer along Meridian Road. At the
time that they came before you the PD required a 40 foot wide landscape buffer and
under the current UDC standards we only require a 35 foot wide landscape buffer. So,
that is one modification. And, then, the other modification or vacation that they are asking
for you to act on is to vacate several lots that were platted with the subdivision in 2004
that required cross -access within the development and also cross -access to the property
to the south. Because the applicant is here going through that rezone before you this
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April 28, 2015
Page 13 of 40
evening staff is recommending a development agreement be part of the rezone process
and we have a recommended DA provision that requires cross -access between all of
these parcels and also to the property to the south. So, although we are vacating those
modifying the recorded plat, we are getting a separate agreement to facilitate cross -
access not only with -- internal to this development, but also the property to the south.
The applicant has provided sample elevations for you this evening. On the left-hand side
you can see the office elevations and on the right-hand side are the retail components --
of retail buildings fronting along Meridian Road. Staff finds that these are consistent with
the design standards in the UDC. Ultimate design will be dictated when the applicant
submits for certificate of zoning compliance and administrative design review applications.
As I mentioned to you, the applicant is required to comply with the DA -- or at least staff is
recommending a DA with the rezone of the property. What's before you are the
recommended DA provisions and I have also went ahead and inserted the revisions that
occurred during the Planning and Zoning Commission on March 17th in which Planning
and Zoning Commission did recommend approval of the project to you this evening. The
first one would be the compliance with the concept plan and the elevations shown to you.
A certificate of zoning compliance for the future pad sites, which is consistent with today's
code. The biggest item -- or one of the modifications that the Planning and Zoning
Commission was allowing the applicant to pull a building permit prior to initiating the DA
and both Planning and Zoning and staff was comfortable with that due to the fact that the
applicant already has existing zoning in place, which would allow -- and buildable lots that
would allow them to get started on the office portion. So, both staff and Commission
supported that. The previous concept plan showed common open space with the office
park and so staff wanted to keep consistent with that approval, so we had recommended
that a central open space be provided within the commercial or the business park and that
open space is at 1,500 square feet minimum. The applicant did provide details of that
and, unfortunately, I didn't get that in the presentation to show you this evening, but I can
assure you it's a pretty nice trellis and sitting area centrally located within the
development. Again, the applicant will have to comply with the dimensional standards of
the C -G zone and the L -O zone and because of this proximity of this development
adjacent to the residential to the south staff wanted to insure that this had a neighborhood
commercial feel to it, not necessarily vehicle dominated and so we wanted to make sure --
we looked at our schedule of uses and we wanted to restrict specific uses from developing
on this site and I will go through those very quickly. We are recommending that we are
restrict drinking establishments, vehicle repair, equipment sale and rental and service,
wireless communication facilities, vehicle washing facility, fuel sales facility, outdoor rec
facility and, then, vehicle sales and rentals are the uses prohibited on this site. The
Planning and Zoning Commission did recommend that the application be allowed to go --
allowed two drive-thru uses on site. Again, they will have to go back through the Planning
and Zoning Commission for approval of that. Staff's original recommendation was to
restrict the site to a single drive-thru use. Again in our recommendation was to be located
in the location shown on the concept plan, but during the hearing, again, Commission
sided with the applicant and allowed for the two drive-thru uses to be located anywhere on
this site, provided that they go through that conditional use process. Because it is
adjacent to a residential develop -- district, staff is recommending restricting hours of
operation of the development from 6:00 a.m. to 11:00 p.m. in the C -G zone and the L -O
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April 28, 2015
Page 14 of 40
zone would be restricted to 6:00 a.m. and 10:00 p.m., which is consistent with the zoning
use as well. Item DA Provision H is the restricted access to Meridian Road and also
speaks to the shared parking and cross -access agreement between the development and
the adjacent property to the south and, then, also because the applicant is entering a
development agreement with the city staff feels there is no longer merit for them to comply
with the recorded planned unit development or the PD because they are changing the
plan substantially. Again, here is the requirement for the landscape buffers along the
perimeter of the development, which, again, is consistent with the UDC and the one item
that the applicant would like you to take under advisement this evening is that buffer
requirement along the south boundary, because we have two different zoning districts
along that boundary, the C -G zone would require a 25 foot wide landscape buffer along
the south boundary and, then, the L -O zone portion would only require a 20 foot wide
landscape buffer. So, the applicant this evening is seeking a waiver from Council to
reduce that buffer to 20 feet along the entire southern boundary to have a uniform buffer
width along that. The applicant has received a letter from the adjacent owner on the south
boundary and he's supportive of the reduced buffer, because he envisions going
commercial or changing that zoning in the future as well. So, he envisions some sort of
commercial in the future as well. So, he -- he's supportive of the 20 foot wide landscape
buffer and I'd also mention to Council that there is an existing six foot vinyl fence along the
south boundary as well that would screen the commercial development. So, those are in
place. Testifying at the hearing we had Lance Warnick, which is the applicant's
representative, and, then, Ron Guartney. We had Marilyn McIntyre commenting on the
application and she was in opposition of the project. And Lance Warnick did submit
written testimony on the application and a lot of the modifications that you see to the
recommended DA provisions were a result of his written testimony. So, a few items of
discussion by the Commission. One was the implementation of the cross -access
driveway to the property on the south. Restricting vehicle washing facility from developing
on the property and, then, discussion of how many drive-thrus would be appropriate on --
on the property as well. As I alluded to in my presentation and what's before you this
evening as far as recommended DA provisions, those were items that Commission did
change at the hearing, so I won't go into all those again. And other than the reduction of
the landscape buffer discussed in my presentation, staff has not received -- or staff has no
knowledge of any other outstanding issues for you this evening. We have not received
any written testimony on the application since the Planning and Zoning Commission. I will
conclude my presentation and I will stand for any questions Council may have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would like to ask about the two drive-thrus if I may. The second. It's apparent
from the concept plan where the first one would be and that appears that it probably is
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April 28, 2015
Page 15 of 40
intended to be a bank building. Maybe or maybe not. The L -O zone -- okay. So, the
discussion was the second could be on any of these other properties subject to the
conditional use permit. Do we allow drive-thrus on L -O with a conditional use? So, this
actually would be offering them something that we prohibit elsewhere, but -- should we be
doing that?
Parsons: Madam Mayor, Members of the Council, the intent of that provision would --
again, looking at the DA provision it was -- they are subject to whatever uses are allowed
in those districts, so if it's not allowed in the L -O zone they can't propose that use.
Zaremba: Okay.
Parsons: So, by default of that DA provision they would only be allowed to have a drive-
thru use within the C -G zoned portion and they, again, would have to go through that
conditional use process because of the proximity to the residential district.
Zaremba: Good. I appreciate that explanation, because I didn't want to accidentally have
the applicant think that they suddenly had something that we didn't intend. So, my second
question on the same subject would be don't we also through the conditional use permit
require any drive-thru to be something like 300 feet from residential or -- that would kind of
preclude the southern property in the C -G. Am I remembering that correctly or is that not
true?
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, the 300 foot
threshold is -- it's not a separation between residential district, it's what triggers a
conditional use permit.
Zaremba: Okay.
Parsons; So, if it wasn't within 300 feet it would be an administrative approval, instead of
a conditional use approval, but because they are within 300 feet of a residential district
both drive-thrus are going to require that conditional use. There is no way to get around it
under the ordinance. They are within the R-4 zoning district along the southern boundary,
so they are going to have to go through the CU process based on that measurement.
Zaremba: Great.
De Weerd: Okay. Anything further? Okay. Would the applicant like to comment? Good
evening. If you will, please, state your name and address for the record.
Warnick: Yes. Thank you very much. For the record my name is Lance Warnick. I am a
professional engineer with Aspen Engineers. My business address is 45 West Main,
Suite B, P.O. Box 205, Kuna. 83634. I'm here tonight on behalf of the applicant GGR,
LLC, to come and talk about this project that we are calling Calderwood Business Park.
think -- I just first want to thank Bill for the time and effort they put on this project. I
personally have been in this project -- been involved on this property with previous owners
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April 28, 2015
Page 16 of 40
dating clear back to like 2003 and so it's nice to see that a vacant parcel gets some life
again. And that's essentially what we are talking about. You know, that three acres that's
located to the southeast corner of Calderwood and Meridian Road it sat idle for the last
ten years. The applicants recently purchased it and would like to bring some growth and
some business to the area. As Bill stated, we are asking, essentially, for four different
things. The first to rezone the westerly portion of the property from L -O to C -G. The
second to modify the existing conditional use permit -- essentially the CUP would go away
and as a result we would enter into a new development agreement, as opposed to trying
to put a list together like 24 items to put in that amendment, which I tried to do and it
became very, very cumbersome. So, I appreciate staff's recommendation for just the --
for the -- the development agreement. Also to vacate a few of the plat notes to essentially
adjust -- configure with the new layout of the site. And, then, also to adjust that landscape
buffer on the south that Bill had talked about. I think that the staff report summarized
things pretty well, but I just kind of want to highlight on a few items and hopefully I can
address a few questions. I just want to note that originally, as you see this map that's up
here on the screen, we were originally to leave the south portion at L -O and keep -- and,
then, rezone the north portion to C -G. We thought that would help provide a buffer. But
as we talked with the neighbors it -- they seemed to want to have it along Black Spur and
so that was one thing from our first neighborhood meeting that we had, we took back -- we
came back, we changed it, so that that C -G portion is along the highway -- which I think
makes sense. You know, kind of maintaining the businesses adjacent to the roadway
there. I believe the applicants have gone -- expended a lot of effort to try to communicate
with the neighbors. The neighborhood meeting we had, you know, right here in the City
Hall -- I don't know, we had probably 20 people show. A lot of questions, a lot of
concerns. We followed up with that with a packet of information I mailed out to each one
of them that talked about the specific uses and, then, we invited them back to another
meeting several weeks later, so they could see the changes we have made to the plan
and on that one we had maybe eight people. So, it seems with each time we
communicate with them we have been able to address more and more of their comments
and I think we went from a situation where people just wondered what's going to happen
where I think we now have most of the surrounding areas pretty much happy with what's
being proposed and that's what we would try to do. Mr. Simpson, the property owner to
the south, has given a letter essentially supporting the rezone to the C -G. He's the only
property that would be adjacent to that particular zone. He's also the one that would be
adjacent to that reduced buffer width of going from a 25 feet down to 20 feet. You know,
we looked at the recommended condition to include it on Exhibit B in the staff report and
as I have stated before, we are in agreement with those recommended conditions. The
map that you see before you -- one of the notes on the plat was requiring access,
essentially, through Lot 5, which is kind of over on the westerly side of the property. One
of the things that we have asked to do is have that, essentially, be eliminated. The goal
would be to the have access to Mr. Simpson's property would be at that very south end of
the property where you see that yellow line. The nice thing about that it provides more of
a direct route to him to get to that back access up to Calderwood Drive. So, I think it will
increase connectivity between the parcels if he does develop as a commercial property
some day. Boy, Bill stole a lot of my thunder. He does such a great job. So, I don't want
to beat around the bush, but just to reiterate that, you know, we think that the rezone will
Meridian City Council
April 28, 2015
Page 17 of 40
actually apportion the C -G in accords with the comp plan. We think it makes sense being
adjacent to the highway. The three office pads that you see in the L -O, we are actually in
the process of preparing plans for that as we speak and we hope to have those submitted
to the city soon to just demonstrate that this project is moving forward. In fact, two of the
items on your Consent Agenda tonight were water and sewer easements for the project
that -- that we have got underway right now. So, we appreciate your approval of those.
So, we are asking for the rezone, modifying the property, take it out of the CUP, vacate
those plat notes that have been discussed and, then, allow us to have that reduced
landscape width so it's consistent 20 feet along the south. And if I may, Madam Mayor,
Members of the Council, in terms of the drive-thru, simply all we are asking for with the
drive-thru is just have that opportunity to come back. We recognize that not every drive-
thru is compatible with all locations, so if -- you know, if the owners or future lot owner
wants to come in with a drive-thru they can submit a conditional use permit and the P&Z
folks can judge it on the merits and that's why we are simply asking for no more than two
that would absolutely be in the C -G portion. We -- we are not planning to put anything on
the other zone and we recognize that that's the process. So, with that I would stand for
any questions and thank you very much.
De Weerd: Thank you. Council, any questions?
Zaremba: Madam Mayor, if I may.
De Weerd: Uh-huh. Mr. Zaremba.
Zaremba: Two. I appreciate your understanding the clarification on where a second
drive-thru would be appropriate and where it wouldn't be appropriate, subject to the CUP.
And, forgive me, when you were discussing cross -access of the south C -G process -- the
south C -G property with a neighbor, I missed whether you are for that or against that. I
didn't quite catch what you said.
Warnick: Madam Mayor, Members of the Commission, I was probably running a hundred
miles an hour. What I had stated is that the existing plat was locking us into a very
specific condition that was -- yeah. Bill -- do you see he's moving it up and down --
Zaremba: Yeah.
Warnick: -- on the screen at that location. What we have asked for in that modification is
to have that specific location be removed. We will absolutely provide cross -access. We
think it's good for us. We think it's good for the neighbor, but it's going to be more where
Bill is showing the arrow right now and the nice thing about that it fits in well with this, but
also if -- if he develops commercial and folks are coming to his business, it's going to be a
lot easier to find looking down that driveway from Calderwood and not having to kind of
zig and zag through somebody else's parking lot to get to there. So, I think it's a better
process and we are for the connectivity.
Zaremba: Appreciate the clarification.
Meridian City Council
April 28, 2015
Page 18 of 40
De Weerd: Thank you. Any other questions? Mrs. Milam.
Milam: Madam Mayor. And I might just be confused, because there is -- it's been talked
about in so many different places, but on the landscape buffer I'm looking at the Planning
and Zoning recommendations and I'm looking at -- on this form and it -- so, on here it says
there is a -- there will be a 25 foot buffer unless we reduce it to 20 feet and a -- or a 35
foot and, then, 15 foot landscape buffer adjacent to Black Spur, but on here it says ten
foot landscape buffer. So, are we reducing all of the buffers or just the -- the one from 25
feet to 20 feet?
Warnick: Madam Mayor, could I jump in on this?
De Weerd: Yes.
Warnick: Okay. Let's start from the north and kind of work our way around. So, the
landscape buffer I believe that's required under code along Calderwood is 20 and we are
proposing to have that stay at 20. Along Black Spur, which forms our easterly boundary, I
believe the required minimum there is ten, but due to some easements and just the way
we are putting the buildings, we will actually have a 15 foot landscape buffer along there.
Along the south portion on that portion that is to the right of that yellow line, since it's an
L -O zone, requires a 20 foot setback. Code on the portion that's west of that line in the
C -G zone requires a 25 foot setback and so what we have asked is that that could be
consistent along the south boundary to be a 20 foot and that's when that letter from Mr.
Simpson essentially supporting that comes into play. And, then, over on the westerly
boundary adjacent to Meridian Road, as Bill had stated, when the property was originally
platted there was a condition placed upon the property that required a 40 foot landscape
buffer. We are asking to just have that go to 35 feet, which is the width that's required
under city code at this time.
Milam: Thank you very much.
Warnick: Thank you. Did I miss anything, Bill?
Parsons: You're hired.
De Weerd: And he was. Any other questions from Council?
Bird: I have none.
De Weerd: Thank you.
Warnick: Thank you.
De Weerd: Okay. Thank you. This is a public hearing. Is there anyone else who would
like to provide testimony on this item? Good evening. Thank you for joining us.
Meridian City Council
April 28, 2015
Page 19 of 40
Runyon: Good evening. Madam Mayor, Council Members. My name is Bob Runyon,
P.O. Box 2579, Eagle, Idaho, and I'm a member of the -- the owners. Managing partner.
The only thing that I didn't hear is that we had a landscape plan ready to go on the -- what
would be the east side, the office side, the didn't show any berms and when we met with
the neighbors I told them I would do a berm. So, we got that drawing done and submitted
with a berm. We worked with the neighbors and they were great. We met two times and
other than that we took Bill's lead and tried to work through the process as best we could
and Bill was good and we hope -- hope you approve our project. That's it.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: We appreciate you being here.
Runyon: Okay. Thank you.
De Weerd: Okay. Any other comment? Council, any additional information needed? I
would entertain a motion to close.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we close the public hearings on RZ 15-002, MCU 15-001, and VAC 15-002.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearings on these three
items. All those in favor say aye. All ayes. All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve RZ 15-002 and include all staff, applicant, and public testimony.
Milam: Second.
Zaremba: Second.
De Weerd: I have a motion and a couple of seconds to approve. If there is no discussion,
Madam Clerk, will you call roll.
Meridian City Council
April 28, 2015
Page 20 of 40
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Bird: Madam Mayor?
De Weerd: Item 8-D. Yes, Mr. Bird.
Bird: I move we approve MCU 15-001 and to include all staff, applicant, and public
testimony.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk, will you
call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
De Weerd: Mr. Bird.
Bird: Madam Mayor. I move we approve VAC 15-002 and to include all staff, applicant,
and public testimony.
Milam: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-E. Madam Clerk.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Meridian City Council
April 28, 2015
Page 21 of 40
Item 9: Department Reports
A. Public Works: Citywide Strategic Plan Discussion
De Weerd: Item 9-A is under our Public Works Department. Kind of. It's just -- it's a
citywide thing. Just Tom is tagged.
Barry: Good evening, Madam Mayor, Members of the Council. I am it this evening. Sorry
to disappoint. However, my pleasure to bring back this item, the citywide strategic plan, to
your attention. You might recall two weeks ago the Mayor and I co -presented the citywide
strategic plan draft and asked for your comments and suggestions over what was to be
the -- the next couple of weeks. We did make one small change that I did send out via
e-mail to all the Council members, which was a retitling change. The health and safety
now ception is safe, healthy and -- or safe -- safety -- I'm confused.
De Weerd: Safe, heath, and secure.
Barry: Thank you, Madam Mayor. That is the only change that was made to the
document. There were no comments received over the two week period that we had
hoped to allow for comments. So, the document stands as it is. I'm just here -- I don't
have a presentation or anything. I have no new information to share for you -- or share
with you, rather. So, I'm just here to continue the dialogue just to see if this is something
that we might be able to move forward to adoption, either this evening or sometime very
soon after this meeting. So, with that I will turn the time over to you for conversation and
stand for questions you might have.
De Weerd: Thank you, Tom. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I just this moment I'm remembering a question that I had earlier, so I'm sorry
that I haven't submitted it, but -- and I forget which page it's on, but there is a listing of
services that the city performs -- it says directly. The list does not include trash collection,
which we do by contract, but I'm wondering if that somehow ought to also be
acknowledged as a city responsibility in that full list. And I would say recycling and trash
collection, actually, to emphasize the fact that we do have a recycling program. But that's
a question, not a statement.
Barry: Madam Mayor, Councilman Zaremba, that is a good catch. The services via
Republic Services in the form of recycling and trash collection are not listed as either a
direct or indirect service that you receive. Apparently an oversight on our part. And with
the Council's approval I would recommend, therefore, that we include not necessarily
Republic Services as a provider, but that we do have other partners that provide recycling
Meridian City Council
April 28, 2015
Page 22 of 40
and trash collection services and we put that at the top of page five with the other
government partners and nongovernment partners that provide services to the city.
Bird: I agree with you, Tom.
Milam: Yes.
Barry: Great. I will make that addition then.
De Weerd: Thank you. Any other comments?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Maybe kind of dovetailing off of David's point -- Tom, can you explain the
thought process about -- there is a lot of things that are in our strategic plan that are things
that we -- we are already doing and I'm just -- and in my background strategic plans have
always been about the -- the next step that we should be doing that we currently aren't.
Talk to me about why we are talking about things that we are already doing as part of our
planning process for the future.
Barry: Madam Mayor, Councilman Cavener, the intention is not to wrap or operationalize
existing activities into the strategic plan. However, some of what you might be picking up
are activities that we might want to do better, for example, or activities we want to expand
or areas of service that we provide currently that we would like to expand into the future.
So, the idea behind this strategic plan draft is to identify those and to, essentially,
communicate those expansions of either service or quality or delivery or whatnot, so that
it's clear that we intend those advancements in those areas. It is sometimes confusing
when you see an item that appears to be something we already do without some of that
context to know that it might be something we want to do better or in a different area or
with a different partner and so on and so forth.
Cavener: Madam Mayor? To that point that's been my biggest challenge with the plan is
that there is -- there is a lot of ambiguity to it. I find myself time and time again saying,
well, who is doing this.
Barry: Uh-huh.
Cavener: Who is responsible for this. Is this something that we as a community want to
occur or is this something that we say the Public Works Department need to be taking the
lead on or the Council needs to be focused on? And when I go through I count a lot of
who's and so, again, is that intentionally done to keep things ambiguous and, if so, why?
De Weerd: Well, right now it's really -- you have a document that's 30,000 feet level.
Before each of the departments took this and identify roles and started to develop key
Meridian City Council
April 28, 2015
Page 23 of 40
performance indicators, that we can measure success and put a tactical plan together
around, those items will be further flushed out, but right now we didn't want to move
forward with that level of effort until we knew we were on the right track.
Cavener: Okay.
De Weerd: Do you have anything you want to add to that?
Barry: Madam Mayor, I think you have handled that well. The ambiguity -- there is no
intention for ambiguity. We are relying on the tactical plans which will follow these broad
goals and objectives to provide that specificity.
Cavener: Madam Mayor, one more question.
De Weerd: Mr. Cavener.
Cavener: Some of these are -- there is much more flushed out and there is some that are
maybe at a 30,000 foot view and sometimes I feel like at 40 or 50 thousand foot view, but
responsive government was the one that I naturally sunk my teeth into a lot and I had a
question about Item D, number four. I'm not quite sure what that means. What --
evaluate the need for centralized professional administrative operational oversight for city
functions.
Barry: Excellent question.
Cavener: That can be drawn a lot of different ways.
Barry: It can be. And there isn't a prescription here that would suggest that we have any
particular way that we would like to go. The intention behind D-4 under responsive
government, as you read, is to, essentially, evaluate if this city has grown and matured
enough in its administrative and operational component to justify the need of additional
assistance at that level -- at a higher level professional, like a city administrator type of
level. So, that it was intentional to have all of the department directors and the Mayor and
the City Council begin to evaluate whether or not that was something that we wanted to
entertain as a city going forward. As you know, when the Mayor -- I think this is correct,
Mayor, I wasn't here when you first took your first term, you were the first full-time mayor;
is that correct?
• 7 •
Barry: No.
De Weerd: The mayor prior me -- two years -- the remaining two years of his term was full
time.
Meridian City Council
April 28, 2015
Page 24 of 40
Barry: Okay. So, a full-time mayor position two years prior to the Mayor's terms. Exactly.
The community continues to grow. There are over 20 cities in the state of Idaho operating
with a city administrator right now. There is a city manager operating in Twin Falls. We
are not prescribing that -- that outcome. All we are suggesting is is there a way to align
better some of the administrative and operational functions with a professional
administrative arm of the city that would work part -- in partnership with the City Council
and the Mayor -- is that a model that is something we want to entertain? Is it a model that
has any meaning or merit for the city and if it's not that's fine, that's why it's a strategic
objective to evaluate. So, that was the point behind -- or the purpose behind that
particular section goal I should say and objective under the responsive government
section of the strategic plan.
De Weerd: Kind of like explore district for City Council. It's -- it's pretty broad, it's -- as we
start to really roll up our sleeves that's when you have the more in depth --
Cavener: And that particular one -- I mean that one made sense to me. I wasn't bright
enough to figure out what -- that particular one. But that was my assumption, but I didn't
want to move forward with the assumption if that's what we were talking about, so --
Barry: Thank you for your question.
De Weerd: Okay. Any other questions? Good questions.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Oh. Go ahead.
Cavener: Madam Mayor and Tom -- so, what are the next benchmarks if we were to
adopt this tonight or in the relatively near future, what do you envision as the next step
and when is the next time that we as a Council are updated on this? I know when you
presented it two years ago -- or two weeks ago you had mentioned, you know, the
strategic group would present an annual update.
Barry: Uh-huh.
Cavener: I would assume we would be hearing more about this, oh, before a year from
now.
De Weerd: Oh, yeah.
Barry: Yes. For sure. So, the intention behind -- and I -- I can't speak for all the directors
or the Mayor, but I can tell you at least my impression of the process as to where we are
today is that we are looking for adoption of this particular broader goal adopted as a
strategic plan. Once we get that adoption the department directors will be put on notice
Meridian City Council
April 28, 2015
Page 25 of 40
that they need to align their resources and their finances and develop tactical plans which
will support, essentially, this particular strategic plan. Those tactical plans will provide the
specificity that you have actually commented on, Councilman Cavener, which would
include things like who is going to be the lead, what is the priority of the -- of the tactics.
Are they going to support the objects and the goals of this particular plan. When are they
going to get done. What is the general cost for those types of things. All of that detail
would be generated -- pulled together. Once that occurs -- and that could take some time
to put together. I can tell you from my experience in the Public Works Department that it
took between six and nine months for us to do. So, we -- we may be able to accelerate
that. We might not. I can't comment on that -- that component at this point in time. But
what I can say is that that process will have to be one that every department director work
closely with the Mayor on, too, and, then, once we develop those tactical plans, then, we
would bring those back to the City Council and show the City Council how we intend to,
essentially, operationalize the plan. At that point we would begin implementation of the
plan and that would start our calendar year period for review. That's at least my
impression as to how things would roll out and I yield to the Mayor if she would like to
modify that or correct that.
Cavener: Follow-up question, Madam Mayor? Tom, during this process, then, let's say
six months from now a new goal for one of these sections emerges. Is this liquid? Are
new goals added? Are things dropped? I mean what's -- what's your vision on what that
process would look like or once we adopt it are things kind of locked in stone?
Barry: Uh-huh. Well, I can give you my impressions and recommendation on that front,
but, again, I would -- I would want to make sure that I had the support of the Mayor and
my colleagues, the other directors. But, essentially, I would imagine that in the annual
review we would provide updates as to progress on attainment of the goals and objectives
in the plan and if the plan had become -- say, for example, out of date or needed
modification, for example, this goal -- we tried to do this, it doesn't make any sense, we'd
like to take this goal off or take this objective off, this is a different objective that we'd like
to place back on. But that would follow the same process as the annual update, meaning
that at the time the annual updates occurred with the City Council, the City Council would
also be presented with modifications to the plan for the next period. That way the
Council's always made aware as to what's going on in the plan, where progress is in the
plan for the things that we have committed to pursue and where those things that we
thought we would like to pursue, but maybe didn't quite workout under evaluation or under
some other analysis need to come off and, alternatively, with some new opportunities that
we didn't see -- at least at this point in time might be able to be included. But because this
is a high level document my opinion is that the Council needs to be informed -- at least
annually and also be in alignment with any changes that might be proposed. So,
essentially -- almost like a readoption process on an annual basis. Now, I would caution
the Council in this way: It is very important while -- while I won't stand here and say that
everything is locked in stone, we do need to make sure that we are committed to what at
least we know and have identified as today's path forward. If this plan gets undermined
every three months or six or whatnot, then, it's not really a strategic plan. It doesn't guide
us to do anything. So, there is a certain level of tolerance for modification, but at the
Meridian City Council
April 28, 2015
Page 26 of 40
same time this plan has to transcend even Council changes, for that matter. This is not
necessarily this City Council's plan, this is the community's plan and so we want to make
sure that there is synergy, that there is alignment, and there is direction that continues
even when council members come and go, mayors come and go, department directors
come and go and certainly staff comes and goes. So, we feel like because this is a
community document it needs to have some continuity in time in order to insure that we
will be progressing toward the targets we have at least identified for ourselves today.
Cavener: Madam Mayor. Sorry. I appreciate your comments and I'm happy to hear that.
You said something, though, that kind of -- to quote Councilman Zaremba, it may be a
sideways question, but if something is or isn't successful, who is the one that's deciding
that? Is that the department director that's involved in that? Is it strategic subcommittee?
Is it the overall larger picture? Is it the Mayor?
De Weerd: It's the conversation that we had at this level. That's when you come back for
your update and you -- you say here are the milestones that have been reached and --
and let's discuss the variances. So, you're over, under, and what -- you started down a
path and this is what you learned and this path is not what it first seemed and you have
that conversation. So, no, it's -- it's the leadership team. It's the directors. It's the people
that are sitting up here and I think that's the value of that -- that conversation.
Cavener: I think that's it for my questions. Thank you.
De Weerd: Okay. Mr. Bird.
Bird: Yeah. I -- I would have no problem moving on. I don't agree with it a hundred
percent, but there is one thing about it, the Council's always got the pocket book. So, I --
but with a third of our Council gone tonight I -- I would like to do it, Tom, when we have six
guys here.
Barry: Uh-huh.
Bird: Six people. That would be my -- but I -- I'm willing to -- myself personally, but I think
we need to --
De Weerd: When we -- when we set this out we didn't know we were going to have --
Bird: I know, Tam. I know it.
De Weerd: -- two people missing, so -- it -- it wasn't intentional.
Bird: But one week isn't going to hurt us.
De Weerd: No, it won't. But we did want to have the conversation, entertain the
questions, again encourage if there is -- if you are not bought in, Mr. Bird, we need to
have that conversation. If there is something on there that concerns you, we -- when you
Meridian City Council
April 28, 2015
Page 27 of 40
say we agree that these are the directions we want you to explore, you may not believe
one hundred percent, but who knows what that outcome is going to be. We will come
back again and you will see what the measurements are, you will see more an operational
plan that supports this, then, you know, maybe those conversations --
Bird: My philosophy is is we as a city do a very sufficient job of covering what we as a city
should be covering. A strategic plan to me is let's make sure we do it in a better way and
a more efficient way. Let's don't add a bunch of -- a bunch of added things that we
probably don't even need to be putting our noses into. That's my way of thinking on a
strategic plan, so -- but I think I have always been one that if I had been on the negative
side and it's come out and I'm the negative one, when I walk out of here I'm with the
positive ones, I have never ran to the press and said anything, you know, or anything like
that and I never would, so -- anyway, that's my thought.
Zaremba: Madam Mayor?
De Weerd: I'm not sure what he just said, but --
Bird: I don't know if I know what I said.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I guess I would comment that I may be interpreting this differently. I look to a
strategic plan to be a future document for us to determine what direction do we want to
go. It kind of starts where we are already and -- and says that's fine for 90,000 citizens,
but we know that there are huge changes coming -- the kind of changes that we have had
in the last ten, 15, 20 years are going to keep happening and -- and the way I describe it is
it's like climbing a ladder, every step up the ladder or every 10,000 more citizens -- but
every step up the ladder you see a little farther over the horizon and you see something
you didn't see on the lower rung and things are different and I -- I look to this document
and this process that surround this document as a way to start trying to anticipate each of
those steps up and what we are likely to see when we get there, because there are other
people in the world that are ahead of us and to say, okay, what do we need to do about
that -- some of which we need to do right away to get ourselves going the right direction
and some of it we don't need to do until we have got 110,000 citizens. But by that time
maybe we do need to do it. And so I guess I interpret the strategic planning process is
how do we prepare for that future. But that's kind of what I'm hoping this will do.
De Weerd: It is. It's a road map and it's -- if there are things on here that you do not
agree with, we need to have that conversation, because before we start down a road
where staff believes they have a clear picture of the direction they are going and they start
putting a lot of effort and resources behind that, we want to make sure that's actually what
has been approved. So --
Meridian City Council
April 28, 2015
Page 28 of 40
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: You just kind of stole what I was about to say, but that's all right. No. So, the way
I see this is as --
De Weerd: You can have it back.
Milam: -- a road -- it's a road map. But not only for us, but for the future us, because Tom
isn't going to be the head of Public Works forever. I'm probably not going to be on City
Council forever --
De Weerd: Yes, you are.
Milam: -- and so it's a starting place and that's why it has things that we are currently
doing -- not because we have to plan for what we are currently doing, but we could paint a
picture of what is going on and what needs to happen, so that it makes it simpler for
everybody who comes along after us to just pick up and continue making it better. That's
my --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: And I don't disagree with that. Don't get me wrong. I think you need strategic plans
and stuff. But I -- I think there is a point to where -- and it's a philosophy difference. I
believe that government can grow too big and while you have your strategic plans to make
sure that what -- what you are charged by ordinances and laws, state statutes and stuff to
do, that you do it right and you do it efficient and everything, but I don't think you need to
be out dreaming up stuff to do. I don't see this as doing that, don't get me wrong, and I
think we would do this in a resolution, am I right, Mr. Nary? So, it's not going to be an
ordinance. So, I have no problem with it. I don't agree with it a hundred percent, but I
don't think everybody would want everybody to agree a hundred percent. But, anyway, I
don't disagree with what the strategic plan stands for, but I think we just need to make
sure that we do everything that we are charged to do as a city right and we are doing it. I
have probably seen this thing -- Charlie and I have probably seen this thing -- this city go
harder and faster than anybody sitting up here or in this room and I watched a bunch of
employees work their rear ends off just to keep their eyeballs above water back in the --
from '96 to 2002. So, we have the basis, Tom, and we got brilliant people working for us.
So, the strategic plan I have no problem with it. I might disagree with some things, but
that's me. Anyway, I would like, Madam Mayor, to have this done when we have six
people here, so that everybody buys into it -- buys it on sight into it.
De Weerd: Uh-huh. Mr. Cavener.
Meridian City Council
April 28, 2015
Page 29 of 40
Cavener: I don't want to reopen this up, because we may be discussing it more down the
road, but just -- because I did see it reflected here in the -- the plan. You have the
strategic planning team, but, then, you have a -- a sub group within that; is that correct?
Like a -- I don't know, like a -- not like an executive leadership team, but like a strategic
group within this; is that correct?
Barry: You might be referring to the subcommittee -- the strategic planning subcommittee.
Cavener: Yes. And who was on that again, because I don't see it reflected anywhere.
Barry: You bet. So, that would be myself, the Fire Chief Mark Niemeyer, Robert Simison,
and the Community Development Director Bruce Chatterton.
Cavener: Follow up? Again, we are not talking about individuals or positions, it would be
the intent that if any of those people in that capacity were to leave, that their predecessor
-- or whoever would follow them would also serve in that capacity, so it's more of a --
De Weerd: No.
Cavener: No.
De Weerd: No. It's a group that -- there is a lot of work in that and you try and get ten
people around the table doing it, it was a smaller -- it was more of a working group and it
was a group that kept everyone meeting their deadlines and following up on the things
that they needed to follow up on, so --
Cavener: Well, just -- Madam Mayor. Sorry. Question.
De Weerd: Uh-huh.
Cavener: Would this group have, then, an active role as this process progresses or since
we have received this document once we adopt it, does that -- the need for that group no
longer exist?
De Weerd: That is yet to be determined.
Cavener: Fair enough.
De Weerd: That's the TBD part of it. To be determined. And certainly there is going to
have to be oversight and I will ultimate -- I ultimately own this and will -- we will have an
updated process to our senior management team to keep each other on task and meeting
deadlines and those kind of things. So, I can't completely answer you on what that
structure will look like, so -- but at this point that's all I can share. Unless you have
something that I haven't --
Barry: No, Madam Mayor.
Meridian City Council
April 28, 2015
Page 30 of 40
De Weerd: -- dreamed up yet.
Barry: No. I think you handled that well. Thank you.
De Weerd: Okay. Anything else? Okay. We will put this again on the agenda next week
and have further conversation.
Zaremba: Who will be here?
De Weerd: You four will be here; right? Okay.
Milam: Plan on it.
Barry: Thank you for your time.
B. Public Works: Approval Change Order No. 1 to HDR Engineering,
Inc. for the "NPDES PERMIT STRATEGY AND TECHNICAL
ASSISTANCE" project for a Not -To -Exceed amount of $96,000.00
De Weerd: Thank you. Okay. Item 9-13 is under our Public Works Department. Mr.
Barry.
Stewart: Madam Mayor, Members of the Council, sorry. My boss was talking to me and I
was paying attention to him.
De Weerd: And his was talking to him.
Stewart: This is a -- as you guys know, we have been having HDR -- it's a consulting firm
here in town -- offer and provide support for us through the NPDES permitting process, as
well as the TMDL development process. They have done that in several different ways.
One, they have been, essentially, a voice -- HDR, specifically Dave Clark with HDR, has
got a very good rapport and good connections with the EPA and he has been key in
helping us to discuss and negotiate and get an NPDES permit that we feel although is not
exactly what we would like, appears to be -- although we haven't got the final draft yet, but
we have got the preliminary draft -- appears to be reasonable and something that the city
can live with. In addition to that, the TMDL process, which we have been involved in
extensively -- specifically HDR has been involved in the modeling that's going along with
that and Clint Dolsby has been a key individual, he's been on that committee. He is now
the -- actually, the chair of that TMDL group. They have been working very hard to try and
make sure that the strategies, the technical strategies that have been used are those that
are going to provide the -- the most reasonable outcome -- best possible outcome for the
City of Meridian. That TMDL process has been accelerated and we do anticipate that the
TMDL is going to come out for public comment here in the very near future. We also
anticipate -- we have been told that the NPDES permit for the city is going to be issued
shortly thereafter in combination with the -- the NPDES permits for Nampa and Caldwell
Meridian City Council
April 28, 2015
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and we need the HDR's ongoing support technically and also their expertise in negotiation
and strategy with the EPA on all of those fronts, because we do anticipate that we will
probably have to provide comment not only on our own permit, but on the TMDL process
and also the Nampa and Caldwell permits as well, just to insure that we get a fair deal out
of all of this and this change order is for the 2015 -- continued 2015 services for HDR to
provide that ongoing support. Now, if things go smoothly and we get, you know, really
favorable results out all of those things, we certainly hope that we won't need all of that.
But based on what we believe could occur, this scope of work has been put together and
that's the need for the change order. And with that I will stand for questions.
De Weerd: Thank you, Warren. Council, questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Warren, what was the original contract?
Stewart: I don't know off the top of my head, to be honest with you.
Bird: I couldn't see it in here either.
Stewart: I -- it was -- it was I think around 300 -- yeah, 300 and some thousand, but I can't
remember the exact number.
Bird: Okay. I'm sorry, it is there. Yeah. Thank you.
De Weerd: Any other questions? Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve change order number one to HDR Engineering for the
NPDES permit strategy and technical assistance project for a not to exceed amount of
96,000 dollars.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you
call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: Okay. Those were some enthusiastic ayes.
Meridian City Council
April 28, 2015
Page 32 of 40
MOTION CARRIED: FOUR AYES. TWO ABSENT.
C. Parks & Recreation: Agreement with Meridian Tennis
Association for Use of Settler's Park Tennis Facilities
De Weerd: Okay. Item 9-C is under our Parks and Recreation Department. Good
evening, Mike.
Barton: Good evening, Madam Mayor, Council Members. We have an agreement for use
of Settlers Park tennis facilities for your consideration this evening. The reason we are
bringing it in front of you is two part. Number one, we want to recognize the effort of the
Meridian Tennis Association and the partnership that we have had in developing the
tennis court complex. They have been at the table doing design. As you know, they --
their first vision was an indoor complex and the challenges of fundraising kind of doomed
that project and -- but we went ahead and with their help cut the ribbon on the seven court
tennis court facility last week and not only did they help us through design, but they have
-- they helped us obtain two different grants, one for 7,500 dollars from USTA and another
from Idaho Tennis Association for 1,000 dollars. So, what we would like to do in
appreciation of their efforts is offer them six weekend tournaments -- it would be held
between June 1st and July -- two tournaments for three years for a total of six
tournaments at no charge. We have kind of structured so we have a definite beginning
and end to this appreciation recognition and also offer tournament during time when the
park is not quite as busy as it is in the spring and fall with flag football and Meridian Youth
Baseball. So, with that I will be happy to answer any questions you might have.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't have questions, I just want to make a public statement that our ribbon cutting
out there really showed what a fine facility, Mike, and I know it -- it's the effort of all the
parks and everything, but I know you're the leader of that park and that is one of the finest
facilities I think -- I think we have got great facilities throughout the city. Everything we
have done has been first class and it shows. It still does. But those tennis courts are
some of the finest facilities I think I have ever seen and it -- and our parks look -- I mean
our Parks Department does such a great job, I just -- you just bust with pride when you
drive through those things and I -- I just can't thank you guys in that department enough
for what you do and --
Barton: Appreciate that.
Bird: -- I mean you're the face for the City of Meridian and you make us elected officials
look awful good. Thank you very much.
Meridian City Council
April 28, 2015
Page 33 of 40
Barton: Appreciate that.
De Weerd: And that's hard.
Barton: You make us look good.
De Weerd: No. We appreciate just what Mr. Bird said. The pride that the staff takes in
the facilities that they are assigned to, they own, and they wear responsibility like a badge
of honor. I mean kudos to Debbie and -- because I know her heart and soul is in that
park, but if you will, please, pass along Mr. Bird's comment and our appreciation from the
entire Council.
Barton: Certainly will and, in fact, right after the ribbon cutting I sent Debbie a message
that said: Good job. The park looks great and it was well received. So, we -- we
recognize their efforts and we pass it along every chance we get. We really -- our staff
owns -- like you said, owns their area of responsibility and it's -- we have a good thing
going.
De Weerd: Yeah. And seeing those -- those kids out on the lower courts was just
awesome. I mean that was awesome, so --
Cavener: Madam Mayor?
De Weerd: Yes.
Cavener: Quick question for you, Mike. What would be the total amount of fees if they
would have had to pay those for this event? For their six events that they would have
scheduled.
Barton: Yeah. Madam Mayor, Councilman Cavener, the total amount -- each tournament
would be approximately 300 dollars in reservation fees. So, 1,800 dollars. Yeah.
Cavener: That's what I thought. I appreciate that. I think it's showing that it is a great
partnership, that they are giving a lot and this is great. Thank you.
Barton: Yeah.
De Weerd: Okay. Any other questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
April 28, 2015
Page 34 of 40
Bird: If there are no other questions, I move that we approve the agreement with the
Meridian Tennis Association for three years of two tournaments per year without a fee
charge and for the Mayor to sign and the Clerk to attest.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 9-C. Madam Clerk, will you
call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: I really did like the enthusiasm behind this one, so -- passes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
D. Community Development: Budget Amendment for Additional
Spending Authority Based on Contributions from Meridian
Development Corporation (MDC) and the Meridian Chamber of
Commerce for Pegasus Multi -Use and Event Center in the
Amount Not -to -Exceed $15,500.00 Approved
E. Community Development: Approval of Change Order No. 1 to
Pegasus Planning and Development for the "Project
Development Plan — Multi Purpose Event Center" Project For A
Not -To -Exceed Amount of $7,000.00
De Weerd: Item 9-D is under our community -- D and E is under our Community
Development Department. So, Bruce. Oh. And just -- I know most of the Council knows.
I don't know if Mr. Bird knows. But congratulations, Bruce, on your engagement and --
Bird: Congratulations.
Chatterton: Let's see if I can actually go from there. Threw me off, Mayor. Items 9-D and
9-E are financial housekeeping for the multi -use center project development plan. You
will remember that you originally budgeted and gave spending authorization for 30,000
dollars for this project from the city. In the meantime we received contributions. We are
really appreciative of those contributions from MDC and the chamber and those totaled
15,500 dollars. So, that revenue -- that contribution is Item 9-D. So, that's the first piece
of this. Also you may remember back when Sean Garritson with Pegasus was giving his
final presentation, we talked a little bit about -- we took a little bit of a breather -- about a
two week breather on the project to take a close look at it and not rush to a final
presentation. So, we took two or three weeks to do that. I also made the call to request
an additional trip from Sean to talk to stakeholders more to flush things out more, to get
more detail for the recommendations. So, 7-E is the change order for that work. So, with
the contributions from our partners the city to date has spent 21,500 dollars on this project
Meridian City Council
April 28, 2015
Page 35 of 40
and, or course, under the 30,000 dollar cap that you originally placed on the project. So, I
did have one other thing I wanted to mention, but are there any questions about that piece
of it?
De Weerd: Council, any questions?
Bird: I have none.
Chatterton: I wanted to mention that we would like to get some additional assistance from
Pegasus as we move through the RFP process, both in helping write portions of the RFP
to make it more effective with developers and also to help us review and assess the
proposals that we actually get back from developers. That change order is not before you
tonight. It will probably be in the amount of -- it will be coming up in an upcoming agenda.
It will be in the amount of 8,500 dollars. We would still -- that would bring us to 30,000
dollars total spending from the city, which, of course, was our original budgeted amount. I
wanted to mention that and ask if there are any questions about that before you see that
on an upcoming agenda.
De Weerd: Any comments, questions? Okay.
Chatterton: Thank you.
De Weerd: So, Council, in front of you are two items that need action. So, do you have
any further questions, please, let us know or do I have a motion.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move that we accept the budget amendment for additional spending authority
based on contributions from MDC and the Meridian Chamber, for Pegasus multi -use
event center in an amount not to exceed 15,500 dollars.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 9-D. Madam Clerk, will you
call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Cavener: Madam Mayor?
Meridian City Council
April 28, 2015
Page 36 of 40
De Weerd: Mr. Cavener.
Cavener: I move that we approve the change order number one to Pegasus Planning and
Development for the project development plan multi-purpose event center project for a not
to exceed amount of 7,000 dollars.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 9-E. Madam Clerk, will you call
roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
F. Fire Department: EMS Standing Written Orders App
Development Agreement
De Weerd: Item 9-F is under our Department -- our Department Reports for Fire.
Niemeyer: Madam Mayor, Members of Council. Thank you. I'm going to sit over here
and do this. It should be pretty quick. But I do want to pass on and echo Chief Lavey's
comments about Baltimore. We have colleagues in Baltimore and so our thoughts are out
with them, along with the elected officials of Baltimore. That's a heck of a situation. But it
struck me today -- if you have seen pictures there you have seen the riot police
surrounding firefighters as they try to put out fires and I know a few folks in Baltimore and
that's not a natural thing for those agencies. They don't necessarily get along very well.
And today I had the opportunity -- I went to a two alarm structure fire on Franklin and
Battalion Chief Shaul got there before me, so he assigned me as traffic control, a very
stressful job, until law enforcement got there and long story short is I have spent 21 years
in public safety and if there is one thing I know law enforcement loves is for us to get our
stuff off the road, so they can get traffic going again. Am I right? So, I went up to the
officer and I said, hey, we are working hard to get our apparatus off the road and we will
get it off as soon as we can and this officer looked at me and said, chief, don't worry about
it, we are here for you. Whatever you need you got it. And I thought that was cool. So,
just pass on that story. It's just another great story of cooperation between our two
departments. So, with that before you tonight is an agreement with Wolf Apps, LLC, to
digitize our standing written orders to be able to put them on electronic devices. This is
something IT cannot do. We did confer with them. It's been planned for for a year. It's in
our existing budget, so there is not money added to it. It is heavily supported by our two
medical directors. Just a history. In the past we have always printed off hard copies of
these and several of them for all of our providers. The medical directors meet quarterly,
Meridian City Council
April 28, 2015
Page 37 of 40
so about twice a year we have changes to our protocols, which causes a reprint If all of
those hard copies and so this is going to digitize that. The agreement does allow for
updates to be made as well. So, it's, essentially, an iPad app, an iPhone app, an Android
app that those automatic updates happen just like you would with any other app. So, that
is the request and we are looking for your approval.
De Weerd: Thank you, Mark. Council, any questions?
Bird: I have none.
De Weerd: Okay.
Bird: Seeing Joe isn't here -- Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the change order -- or the agreement with Wolf Apps, LLC, and
for the Mayor to sign and the Clerk to attest.
Milam: Second.
Zaremba: Second.
Cavener: Second.
De Weerd: I have a motion and everyone second it. Madam Clerk, will you call roll.
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
G. Legal Department: Ordinance Updating Provisions Of Licensing,
Permitting, False Alarm, And Parking Codes
De Weerd: 9-G is under our Legal Department. And this will be just a couple minutes?
Nary: Thank you, Madam Mayor. We certainly hope. Thank you, Madam Mayor,
Members of the Council. What you have in front of you that we would like to bring forward
at a future meeting is periodically we collect a lot of information from our departments on
outdated ordinances that we have or things that need to be modified and all of the ones
that are in this ordinance are what we consider to be fairly small changes. We have
vetted them through the department. Again, I could briefly go over what the changes are
for the record. One section repeals the massage therapist license. We used to require
Meridian City Council
April 28, 2015
Page 38 of 40
that as a city license. The state actually requires it now for a state license, so it's
duplicative for the city to do that, so we have removed that section. One section repeals
the open burning provisions. We previously required permits to do open burning within
the city. They actually eliminated that a number of years ago. They don't require that any
longer and the open burning is covered by the International Fire Code. So, it's still
enforceable under our city code, but we don't' require permits any longer. The next
section removes the planning divisions from the firework stand application workflow.
Firework stands are required to get permitted through the city, but we route them also
through planning. Well, the planning very often doesn't have any comments for them.
What we found is it's more effective if they find issues with them either at the inspection
level from fire, they will, then, bring them to planning's attention as part of the fire
inspection. So, not wanting to slow the process down by having it go through the planning
department when it's not needed. We are changing the deadline for the fireworks stands.
The current deadline for winter is June 1. Most people don't think about putting up a
fireworks stand in June for December, so now it's December 1, because it makes more
sense to people. It used to be in the past that the fireworks stand requirement for the
summer in July was in April and most people in April don't think about what they are going
to do in July and so we shortened that time up and moved it up earlier. This is just
catching up with the winter one. Another section adds the public fireworks display permit
application requirement that the applicant describe the number and types of mortars and
ignition sources they are using. So, again, our fire department knows what they are doing
and where they are . doing it. We also changed the public fireworks display permit
application from 45 days in advance to 30, again, for the same reason, it's when people
start thinking about doing those projects and that's an adequate time for us to have time to
review the plans, review the request, and inspect the sites. We added the fire department
to the false alarm section. Currently under our false alarm code there is a charge that
you can have for having too many excessive false alarms, but it doesn't account for the
fire alarms. That didn't make any sense to the fire department or the police, because they
certainly have the same cost and expense in responding to false alarms. So, it adds the
fire alarms in to that. The police department recommended we conduct background
checks on new pawn brokers. So, we did -- we added that section into the broker
ordinance. It's not for the ones that are renewal or already existing, but it's for new people
entering that market. To be honest, I don't know how many people enter the pawn
brokering market these days, but if they do we certainly want to make sure we do an
adequate background check. The pawn broker licenses also are specific to the locations.
As you recall a few years ago we changed that. We also have computer systems that are
required that are a part of this system, so, again, it's related to the location, as well as the
-- not the individuals. Clarified also with state law. Our federal prohibits us from requiring
written records of regulated pawnshop transactions, so certain things at the federal
government doesn't allow us to collect we have deleted it from the ordinance, so that way
we aren't going to be in violation. The last one is one to remove the parking time limits for
law enforcement or public safety types of equipment, because we -- if you recall our trailer
requirements is a trailer has to be attached to a vehicle, then, it's allowed to be on the
street. But that also would, then, apply to the speed trailer and would require to any trailer
that's used for road diversions, road closures, those types of things. Obviously that wasn't
what was intended. We weren't really trying to not deal with public safety or roadways
Meridian City Council
April 28, 2015
Page 39 of 40
things. So, this just exempts those from that. So, a very quick few minute summary, but
those are all we think fairly minor, the things we have collected probably over the last
year, Mrs. Kane does a good job of tracking all of those and, then, putting them into one
ordinance so we could bring it forward next week or the week after, whatever is your
preference.
De Weerd: Thank you. It's very nice to see common sense and simplicity trying to weave
its way and find those kind of archaic pieces in our ordinances. So, please, extend our
thanks to Emily.
Nary: I will.
De Weerd: Any questions from Council? Okay. Then, we will bring that forward.
Nary: We will bring it up next week.
Item 10: Future Meeting Topics
De Weerd: Okay. Any items for Item 10 for future agendas?
Bird: I have none.
Item 11: Executive Session Per Idaho State Code 67-2345 (1)(a)(d)(f): (a) To
consider hiring a public officer, employee, staff member or individual
agent, wherein the respective qualities of individuals are to be
evaluated in order to fill a particular vacancy or need. This paragraph
does not apply to filling a vacancy in an elective office or deliberations
about staffing needs in general; (d) To Consider Records that are
Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code;
AND (f) To Consider and Advise Its Legal Representatives in Pending
Litigation
De Weerd: Okay. So, I would entertain a motion to adjourn into Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(a),(1)(d)
and (1)(f).
Zaremba: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Meridian City Council
April 28, 2015
Page 40 of 40
Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea;
Cavener, yea.
De Weerd: All ayes.
EXECUTIVE SESSION: (7:50 p.m. to 8:52 p.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Milam: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
De Weerd: Do I have a motion to adjourn.
Bird: Move we adjourn.
Milam: Second.
De Weerd: All those in favor? All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
MEETING ADJOURNED AT 8:52 P.M.
LE OF THESE PROCEEDINGS)
MAYOR A Y de WEER DATE APPROVED
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-001; PP-15-002; CUP-15-002
- 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Rezone of 5.05 Acres of Land from the C-G to the R-40 Zoning
District and 3.37 Acres of Land from the R-40 to the C-G Zoning District; Preliminary Plat
Consisting of One (1) Building Lot and Five (5) Common Lots in the R-40 Zoning District and
Twenty-Two (22) Building Lots in the C-G Zoning District on 36.04 Acres of Land for Paramount
Southeast Subdivision; and Conditional Use Permit for a Multi-Family Development Consisting of
280 Residential Dwelling Units in an R-40 Zoning District, Located at the Northwest Corner of N.
Meridian Road and W. McMillan Road, by Brighton Investments, LLC.
Case No(s ). RZ-15-001; PP-15-002; CUP-15-002
For the City Council Hearing Date of: April 7, 2015 (Findings on April 21, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 7, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 7, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 7, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 7, 2015, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-001; PP-15-002; CUP-15-002
- 2 -
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 7, 2015, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for a rezone is hereby approved per the Staff Report for the hearing date
of April 7, 2015, attached as Exhibit A.
2. The applicant’s request for a preliminary plat is hereby approved per the provisions in the Staff
Report for the hearing date of April 7, 2015, attached as Exhibit A.
3. The applicant’s request for a conditional use permit is hereby approved per the provisions in the
Staff Report for the hearing date of April 7, 2015, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Two (2) Year Conditional Use Permit Duration
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-001; PP-15-002; CUP-15-002
- 3 -
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of April 7, 2015
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 1
STAFF REPORT
HEARING DATE: April 7, 2015
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: RZ-15-001; PP-15-002; CUP-15-002 – Paramount Southeast
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Brighton Investments, LLC, has submitted an application for a rezone (RZ),
preliminary plat (PP) and conditional use permit (CUP) for Paramount Southeast.
The applicant proposes to rezone 5.05 acres of land from the C-G to the R-40 zoning district and 3.37
acres of land from the R-40 to the C-G zoning district.
A 28 lot preliminary plat consisting of 1 building lot and 5 common lots in the R-40 zoning district
and 22 building lots in the C-G zoning district on 36.04 acres of land is proposed.
The conditional use permit is for a multi-family development consisting of 280 dwelling units in an
R-40 zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ, PP & CUP based on the Findings of Fact and
Conclusions of Law in Exhibit D of this report.
The Meridian Planning & Zoning Commission heard these items on March 5, 2015. At the
public hearing, the Commission moved to recommend approval of the subject RZ, PP and
CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle
ii. In opposition: Jennie Withers; Brian Heffley
iii. Commenting: None
iv. Written testimony: Mike Wardle, Applicant’s Representative; Dr. Linda Clark, West
Ada School District; Brenda Duggan; Ken Swanson; and Wendy Ann Trent.
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. General consensus that the applicant has been responsive to neighborhood concerns and
made changes to the plans accordingly that have enhanced the project;
ii. Support of the applicant’s request for a wavier to UDC 11-3A-3 for access to allow all of
the driveways shown on the site plan.
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 2
The Meridian City Council heard these items on April 7, 2015. At the public hearing, the
Council approved the subject RZ, PP and CUP request.
a. Summary of City Council Public Hearing:
i. In favor: Mike Wardle; David Turnbull
ii. In opposition: David McKinney; Becke Barnes; Don Doss; Amy McPherson; Sally
Reynolds; Wendy McKinney
iii. Commenting: Justin Lucas
iv. Written testimony: Dr. Linda Clark; Kerri Carmouche; Bob Cooper; Brian Heffley;
Frank Brannon; Michael Arnold; Chris LaPeters; Greg Reynolds; Erin & Drew
Ebright; Sally Reynolds; Alan Riddle; Kerry Payton-Jenkins; Cheryl Tenbrink; Becky
& Erik Phillips; Carol & Joe Davis; Lisa Wood; and Wendy McKinney
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. The access points proposed via the adjacent arterial streets (Meridian & McMillan
Roads).
c. Key Council Changes to Commission Recommendation
i. The City Council approved a waiver to UDC 11-3A-3, which restricts access points to
arterial streets to allow the access points as proposed on the site plan.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-15-
001, PP-15-002 & CUP-15-002, as presented in the staff report for the hearing date of April 7, 2015,
with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-15-001,
PP-15-002 & CUP-15-002, as presented during the hearing on April 7, 2015, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers RZ-15-001, PP-15-002 & CUP-15-002 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at the northwest corner of N. Meridian Road and W. McMillan Road, in the SE
¼ of Section 25, Township 4 North, Range 1 West. (Parcel No. S0425449800)
A. Applicant:
Brighton Investments, LLC
12601 W. Explorer Dr., Ste. 200
Boise, ID 83713
C. Owner:
Same as applicant
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 3
D. Representative:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer Dr., Ste. 200
Boise, ID 83713
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for rezone, preliminary plat, and conditional use permit. A public
hearing is required before the Planning & Zoning Commission and City Council on this matter,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: February 16 and March 2, 2015 (Commission); March 16
and 30, 2015 (Council)
C. Radius notices mailed to properties within 300 feet on: February 12, 2015 (Commission); March
12, 2015 (Council)
D. Applicant posted notice on site(s) on: February 23, 2015 (Commission); March 27, 2015
(Council)
VI. LAND USE
A. Existing Land Use(s): The site consists of agricultural land, zoned R-40 and C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Single-family residences in Paramount Subdivision and agricultural land, zoned R-8
South: W. McMillan Road and property approved for single-family residences in Amberwave
Subdivision, currently in the development process, zoned R-8 & R-15
East: Rocky Mountain High School, zoned R-4; and property approved for single-family
residences in Ventana Subdivision, zoned R-8
West: Single-family residences in Paramount Subdivision, zoned R-8
B. History of Previous Actions:
• In 2003, the following applications were approved for the larger Paramount Subdivision,
which included the subject property:
Annexation and zoning (AZ-03-006) of 397.11 acres of land with R-8, R-40, L-O and
C-G zones. A development agreement (DA) was required as a provision of annexation,
recorded as Instrument No. 103137116;
Preliminary plat (PP-03-004) consisting of 764 building lots on 397.11 acres of land;
Conditional use permit/planned development (CUP-03-008) which requires a detailed
CUP application to be submitted and approved prior to any development occurring in
the multi-family portion of the Paramount development.
• In 2007, a modification to the DA (MI-07-007, Paramount Commercial Southwest) was
approved and recorded as Instrument No. 107145935;
• In 2008, a modification to the DA (MDA-08-001) was approved and recorded as Instrument
No. 108108427; and,
• In 2013, a modification to the DA (MDA-13-005) was approved and recorded as Instrument
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 4
No. 113083665.
C. Utilities:
1. Location of sewer: The city currently owns and maintains sewer mains directly adjacent to
the proposed development.
2. Location of water: The city currently owns and maintains water mains directly adjacent to
the proposed development.
3. Issues or concerns: None
D. Physical Features:
1. Canals/Ditches Irrigation: There doesn’t appear to be any open ditches on the site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site does not lie within the floodplain overlay district.
VII. COMPREHENSIVE PLAN
The Comprehensive Plan Future Land Use Map (FLUM) currently designates approximately 21 acres
of the site as High Density Residential (HDR) and approximately 15 acres as Commercial.
The purpose of the HDR designation is to allow for the development of multi-family homes in areas
where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre.
The purpose of the Commercial designation is to provide a full range of commercial and retail to
serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-
family residential, as well as appropriate public uses such as government offices.
The applicant proposes to develop the HDR designated area with 280 apartment units consisting of a
mix of 1, 2, and 3 bedroom units at a gross density of 17.9 dwelling units per acre in a C-G zoning
district consistent with the HDR designation. There are no specific uses proposed on the Commercial
designated/C-G zoned portion of the site at this time. Future development and uses should be
consistent with the Commercial FLUM designation and the C-G zoning district.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics ):
• “Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development.” (3.07.03B)
The proposed multi-family residential development will contribute to the variety of housing
types available within this part of the City and offer rental options for 1, 2, and 3 bedroom
units.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 5
• “Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City sewer and water services are available to be extended to the subject property and the
site is already annexed into the City.
• “Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.) (3.06.02F)
A 25-foot wide street buffer is required along W. McMillan Road and N. Meridian Road, both
arterial streets; a 20-foot wide street buffer is required along W. Studio Drive, a collector
street; and a 10-foot wide street buffer is required along the east sides of Motion Picture
Drive and N. Oscar Avenue, both local commercial streets, in accord with the standards
listed in UDC Table 11-2A-7 & 11-3B-7 as shown on the landscape plan included in Exhibit
A.3.
• “Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The proposed multi-family residential development should be compatible with existing
residential uses and provide a transition and buffer to existing residences from the future
commercial uses on the corner of W. McMillan and N. Meridian Roads.
• “Encourage infill development.” (3.01.02B)
The subject property is surrounded by property that has been developed or is currently in the
development process. Development of this parcel will allow city services to be extended to the
property as intended.
• “Plan for a variety of commercial and retail opportunities within the Area of City Impact.”
(3.05.01J)
The C-G zoned portion of the site should provide for a variety of commercial and retail uses
in the northern part of the City.
• “Require all commercial and industrial businesses to install and maintain landscaping.”
(2.01.03B)
Landscaping is required to be installed and maintained within the street buffers and parking
areas on this site.
• “Require screening and buffering of commercial and industrial properties to residential use
with transitional zoning.” (3.06.01E)
The proposed roadway layout and street buffers provide separation and screening between
the multi-family, commercial and single-family portions of the development (R-40, C-G and
R-8 zoning.) Staff is recommending additional berming is added along W. Studio Drive to
buffer/screen the massing of the multi-family buildings.
• “Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.” (2.01.04B)
Landscaping within planter islands in the parking areas of the residential and future
commercial portions of the site and the street buffers are required to be installed with
development of this site/lots.
The Comprehensive Plan states that, “A desirable project (in the HDR designated area) would
consider the placement of parking areas, fences, berms, and other landscaping features to serve as
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 6
buffers between neighboring uses. Developments need to incorporate high quality architectural design
and materials and thoughtful site design to ensure quality of place and should also incorporate high
quality architecture design and materials and thoughtful site design that incorporates connectivity
with adjacent uses and area pathways, attractive landscaping and individual project identity (pg. 21).”
The site and landscape plans depict a street buffer along both sides of W. Studio Drive, a residential
collector, separating the single-family from the multi-family residential development (see Exhibit
A.4). Garages and surface parking spaces are proposed adjacent to W. Studio Drive as a transition to
the taller multi-family structures. Staff recommends berms are provided along the portions of the
perimeter of the development adjacent to W. Studio Drive where garages aren’t proposed as an
added buffer to the existing single-family residential properties to the north and west of the site.
Staff has reviewed the proposed building elevations for the multi-family structures and deems them to
be of high quality materials (e.g. mix of horizontal and vertical cement board with cultured stone
veneer accents) and architecture design that should be comparable with that of adjacent homes (see
Exhibit A.5). Buildings on the commercial portion of the development are required to obtain design
review approval prior to issuance of building permits.
For the above reasons, staff believes the proposed development is consistent with the Comprehensive
Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zones:
Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing
opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of
Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service
needs of the community in accordance with the Meridian Comprehensive Plan. Large-scale and a
broad mix of retail, office, service and light industrial uses are allowed in the C-G zoning district
in close proximity and/or access to interstate or arterial intersections.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-40 zoning district. The proposed multi-family
development is listed as a conditional use in the R-40 zoning district. The specific use standards
listed in UDC 11-4-3-27 for multi-family developments apply to development of this property.
Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning
district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-8 for the R-40
zoning district and UDC Table 11-2B-3 for the C-G district applies to development of this site.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B
and 11-4-3-27F apply to development of this site.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-
3-27C; and11-4-3-27D.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 7
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ): The applicant proposes to rezone 5.05 acres of land from the C-G to the R-40
zoning district and 3.37 acres of land from the R-40 to the C-G zoning district for an overall
increase of the R-40 area and decrease of the C-G area. Currently, approximately 18.43 acres of
the site is zoned C-G and 18.25 acres is zoned R-40. The C-G and R-40 zoned areas are basically
proposed to be reconfigured with the C-G portion at the corner of Meridian and McMillan Roads
reducing in size but extending to the north along the Meridian Road frontage.
The applicant has submitted a site plan, included in Exhibit A.4, which depicts how the site is
proposed to develop with a multi-family residential development and commercial lots. The
applicant states that the northeast 6 commercial lots may develop with multi-family residential
uses in the future if market demand is insufficient to consume the available commercial property
at the corner. In that case, a conditional use permit would be required for a multi-family
development on that portion of the site.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be rezoned.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. Because the existing zoning is not changing substantially, only the
configuration of the zoning, and the current development agreement anticipates a multi-family
development and commercial uses on this site, staff is not recommending the existing DA is
revised, nor a new DA required.
CONDITIONAL USE PERMIT (CUP): A CUP is requested for a multi-family development in an
R-40 zoning district as required by UDC Table 11-2A-2. The multi-family development is
proposed to consist of 280 dwelling units on one 15.62 acre building lot. The existing
CUP/Planned Development (CUP-03-008) also requires a detailed CUP application to be
submitted and approved prior to any development occurring in the multi-family portion of the
Paramount development.
The multi-family development is proposed to consist of four two-story 16-plex structures fronting
on a pedestrian corridor at the center of the project, and nine three-story 24-plex structures. These
structures will contain a mix of one bedroom (92 units – 33%), two bedroom (152 units – 54%)
and three bedroom (36 units – 13%) units.
The original CUP/Planned Development (CUP-03-008) for the Paramount development
anticipated a total of 270 apartment units at a gross density of 18 dwelling units per acre
(d.u./acre). The reconfigured R-40 area with 280 units results in a comparable density of 17.9
d.u./acre. The Development Agreement currently in effect for Paramount does not restrict the
number of apartment units that may be constructed within this development.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site as follows:
• A minimum of 80 square feet (s.f.) of private useable open space is required to be
provided for each unit. The applicant states that 81 s.f. of private useable open space will
be provided for each unit through private patios and balconies. Staff recommends floor
plans are submitted with the Certificate of Zoning Compliance application to verify
compliance with this requirement.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 8
• Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory map of the development
at an entrance or convenient location for those entering the development. A revised site
plan should be submitted prior to the City Council meeting that depicts the location of
these items.
• At a minimum, 250 s.f. of common open space is required for each unit containing more
than 500 s.f. and up to 1,200 s.f. of living area. Because all of the proposed units contain
between 500 and 1,200 square feet of living area, a minimum of 70,000 s.f. (or 1.61
acres) of common open space is required to be provided. A total of 138,700 s.f. (or 3.18
acres) of common open space is proposed consisting of 52,000 s.f. of open play/picnic
area for the southwest pod, 51,500 s.f. pedestrian sidewalk area for center pod, and
35,200 s.f. of open play/picnic and pool area for the northeast pod, in compliance with
this requirement. Staff recommends the landscape plan is revised to include these
calculations.
• For multi-family developments with 75 units or more, 4 site amenities are required to be
provided with at least one from each category listed in UDC 11-4-3-27D. For
developments with more than 100 units, the decision making body shall require
additional amenities commensurate to the size of the proposed development. Because 280
units are proposed, more than 4 amenities should be provided for the site with at least
one from each category. The applicant proposes to provide a clubhouse, swimming
pool, hot tub, (2) accessible playgrounds with open play and picnic areas, (4) barbeque
areas with picnic tables, walking paths, and open grassy areas in compliance with this
requirement. Staff believes these amenities are commensurate with the proposed
development.
• The architectural character of the structures shall comply with UDC 11-4-3-27E. The
conceptual elevations appear to comply with this requirement. Administrative design
review is required with the Certificate of Zoning Compliance application to ensure final
design of structures comply with this requirement and design review requirements.
Note: Windows are required to allow views to exterior activity areas or vistas. Windows
shall be provided on any building facing any common area used for children’s
recreation. All rooftop and wall mounted mechanical, electrical, communications and
service equipment should be screened from public view from the adjacent public streets
and properties by the use of parapets, walls, fences, enclosures or by other suitable
means.
• Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows: the landscaped area shall be at
least 3-feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped
with ground cover plans. The landscape plan submitted with the Certificate of Zoning
Compliance for the structures should comply with this requirement.
• The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant should submit documentation of compliance with this requirement
with the Certificate of Zoning Compliance application.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 9
Access: Access to the multi-family development will be provided off of N. Meridian Road and
W. McMillan Road via one access to/from W. Studio Drive, a residential collector public street;
and three accesses to/from N. Oscar Avenue and Motion Picture Drive, both local/commercial
public streets.
Parking: For multi-family developments, off-street parking is required in accord with the
standards listed in UDC Table 11-3C-6 as follows:
For each 1-bedroom unit, 1.5 spaces are required; at least 1 in a covered carport or
garage. Based on (92) 1-bedroom units, a minimum of 92 covered spaces and 46 open
spaces are required.
For each 2 or 3-bedroom unit, 2 spaces are required; at least 1 a covered carport or
garage. Based on (188) 2-3 bedroom units, 188 covered spaces and 188 open spaces are
required.
A total of 280 covered spaces and 234 open spaces are required to be provided for the multi-
family portion of the development. The site plan depicts 98 garage parking spaces and 276
carport spaces for a total of 374 covered spaces and 149 open parking spaces, in compliance
with the UDC requirement.
For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to
be provided in accord with the standards listed in UDC 11-3C-6B. Based on 7,000 square feet, a
minimum of 14 parking spaces are required as shown on the site plan.
A total of 523 vehicle parking spaces are depicted on the plan; 514 spaces proposed for the multi-
family portion of the development, 14 spaces for the clubhouse. Five additional spaces are
required to be provided for an overall total of 528 spaces. Because there appears to be
sufficient parking in the clubhouse area, staff recommends the applicant analyze the parking
provided for each building to ensure adequate parking is provided for each building based on the
number of bedrooms per units in the structure(s); the additional spaces should be located
accordingly.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof
is required to be provided on the site. Based on 528 vehicle spaces required to be provided on the
site, a minimum of 21 bicycle spaces are required. The applicant proposes 7 bicycle racks capable
of holding a total of 21 bicycles in compliance with this requirement. However, because no
bicycle parking is proposed near the clubhouse, staff recommends a bicycle rack is provided as
close as possible to the entrance of the clubhouse in accord with the standards listed in UDC
11-3C-5C.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11-3B-8C. Street buffer landscaping is required in accord with the standards listed
in UDC 11-3B-7C. Landscaping is required along the foundation of all street facing elevations in
accord with the standards listed in UDC 11-4-3-27F.
Open Space: A minimum of 10% (or 1.56 acres) of the area of the site is required to consist of
qualified open space in addition to the requirements listed in UDC 11-4-3-27, per UDC 11-3G-
3A. Qualified open space must comply with the standards listed in UDC 11-3G-3B. The applicant
has provided detailed calculations for the qualified open space proposed with this development
consisting of 52,000 s.f. of open play/picnic area for the southwest pod; 51,500 s.f. of open area
with a pedestrian walkway for the center pod; and 35,200 s.f. of open play/picnic and pool area
for the northeast pod, which totals approximately 138,700 s.f. (or 3.18 acres) of common open
space in accord with this requirement. (Note: 1.56 acres of open space is required in accord with
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 10
UDC 11-3G-3A and 1.61 acres is required in accord with 11-4-3-27 for a total of 3.16 acres; a
total of 3.18 acres is proposed in accord with both UDC requirements).
Site Amenities: A minimum of one site amenity that meets the requirements listed in UDC 11-
3G-3C is required to be provided with this development in addition to the site amenity
requirements listed in UDC 11-4-3-27, Multi-family Developments, per UDC11-3G-3A.
Qualified site amenities must comply with the standards listed in UDC 11-3G-3C.
Because the applicant is proposing site amenities that staff feels is commensurate with the scope
of this development, staff deems the proposed amenities sufficient and in satisfaction of this
requirement (see specific use standards above for a list of proposed amenities).
Building Elevations/Floor Plans: Conceptual building elevations for the multi-family and
garage structures were submitted by the applicant and included in Exhibit A.5. Administrative
design review is required for all multi-family and garage structures in accord with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of the new use and to ensure all site
improvements comply with the provisions of the UDC prior to construction, in accord with UDC
11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be consistent with the standards listed in UDC 11-3A-19 and the
design guidelines included in the Meridian Design Manual.
PRELIMINARY PLAT (PP): A 28 lot PP consisting of 1 building lot and 5 common lots in the R-
40 zoning district and 22 building lots in the C-G zoning district is proposed on 36.04 acres of
land for Paramount Southeast Subdivision. A phasing plan was not submitted with this
application as the applicant is unsure at this point if the development will be phased.
The applicant anticipates that many of the commercial lots will be consolidated at final platting as
users determine precise site area requirements.
Existing Structures: There are no existing structures on this site.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.8 for the R-40 zoning district and Table 11-2B-
3 for the C-G zoning district. All of the lots comply with the minimum standards. Construction of
buildings on the site should comply with the setback and dimensional standards for the applicable
district. Note: The building setbacks noted on Sheet 1 of the plat should be revised to reflect a 5
foot side setback per story and street landscape buffer of 25 feet for arterial streets.
A minimum 25-foot wide street buffer is required along N. Meridian Road and W. McMillan
Road, both arterial streets; a 20-foot wide street buffer is required along W. Studio Drive, a
collector street; and a 10-foot wide street buffer is required along the east sides of Motion Picture
Drive and N. Oscar Avenue.
The proposed plat is required to comply with the maximum block length standards listed in UDC
11-6C-3F; staff has reviewed the plat and it complies with these standards.
Access: Access to streets should comply with the standards listed in UDC 11-3A-3.
Four public street accesses are proposed for this development; two via W. McMillan Road and
two via N. Meridian Road, both arterial streets, as shown on the plat. In addition, one driveway
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 11
access is proposed via McMillan Road between Meridian and Motion Picture Drive and one via
Meridian Road between W. Studio Drive and W. McMillan Road; these access driveways will be
restricted to right-in/right-out by ACHD.
In an effort to improve safety, the UDC (11-3A-3) limits access points to arterial streets by
combining and/or limiting access points. In accord with this requirement, Staff recommends the
driveway accesses via N. Meridian and W. McMillan Roads are removed and only the public
street accesses are allowed. A waiver from Council is needed for the proposed access points to
the site via McMillan and Meridian Roads as shown on the plat (see Exhibit A.2). ACHD
deemed the proposed access points complied with District policy when constructed with the
intersection project and is granting approval of the accesses as proposed with the caveat that the
driveway accesses are restricted to right-in/right-out. ACHD deems the proposed layout will
provide a good split of the vehicular traffic in all directions within this development.
Cross-access easements should be depicted on the plat for all of the commercial lots in accord
with UDC 11-3A-3A.2. Direct lot access to N. Meridian Road and W. McMillan Road is
prohibited except for those accesses approved by the City and ACHD with this application.
Stub Streets: There are 3 existing stub streets to this site; one via W. Bluefir Street constructed
with Cedarcreek Subdivision, and one via W. Cagney Street and one via W. Valentino Street,
both constructed with Paramount Subdivision that will connect to Studio Drive. These stub streets
are being extended with the subject project. No other stub streets are proposed or required with
this development.
The right-of-way for Studio Drive should extend to the north property line to provide access to
that parcel (Parcel S0425417360) when it develops in the future, as required by ACHD.
Traffic Impact Study (TIS): ACHD did not require a TIS for this development as they reviewed
and approved this site in 2003 as part of the original Paramount preliminary plat and the proposed
density is substantially the same.
Street Improvements: The ACHD report states the applicant is required to widen the pavement
to a minimum of 17 feet from centerline plus a 3-foot wide gravel shoulder on both N. Meridian
and W. McMillan Roads, and dedicate an additional 3 feet of right-of-way on McMillan Road to
accommodate future road widening. Studio Drive is required to be extended to the north property
line to provide access to that parcel when it develops. No on-street parking is allowed on Studio
Drive and should be signed accordingly.
Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11-
2A-8 and 11-2B-3 as discussed above under Dimensional Standards. Landscaping within the
street buffers should be provided in accord with the standards listed in UDC 11-3B-7C. The
landscaping shown on the landscape plan appears to comply with these standards; however, the
project calculations table on the landscape plan needs to be revised to include calculations
for the street buffer on the east side of Motion Picture Drive and N. Oscar Avenue to ensure
compliance. A 10-foot wide landscape buffer easement or dedicated buffer should also be
noted on the plat along the east sides of Motion Picture Drive and N. Oscar Avenue per
UDC 11-3B-7C.2.
There is a large conifer tree that exists on this site that is not depicted on the landscape
plan. If, this tree is proposed to be removed, the applicant should contact Elroy Huff, City
Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior
to removal of the tree in accord with UDC 11-3B-10C.5. If this tree is proposed to be
retained on the site, it should be protected from damage to bark, branches, and roots
during construction in accord with UDC 11-3B-10C.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 12
Multi-Use Pathway: No multi-use pathways are designated on the Pathways Master Plan for this
site.
School Crossing: There is an existing pedestrian crosswalk across N. Meridian Road
approximately 1,100 feet north of the Meridian/McMillan Road intersection for access to Rocky
Mountain High School east of this site. Staff recommends the applicant coordinate with
ACHD to possibly relocate the crosswalk and pedestrian signal closer to the Motion Picture
Drive/Meridian Road intersection to provide a more direct pedestrian route from the
apartments to the school.
Waterways: There doesn’t appear to be any open ditches on this site. The UDC (11-3A-6A)
requires all irrigation ditches, laterals and canals to be piped, or otherwise covered unless left
open as a water amenity or linear open space.
Fencing: No fencing is depicted on the landscape plan for this site. All fencing should comply
with the standards listed in UDC 11-3A-7.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17.
A detached sidewalk exists along the entire frontage of N. Meridian Road and along a portion of
the W. McMillan Road frontage; the remainder of the sidewalk along McMillan is required to be
constructed with the first phase of development. A 5-foot wide detached sidewalk is proposed
along Studio Drive and along both sides of Motion Picture Drive and N. Oscar Avenue as shown
on the landscape plan.
Utilities: Street lighting is required to be installed within the development in accord with the
City’s adopted standards, specifications and ordinances. All development is required to connect
to the City water and sewer system unless otherwise approved by the City Engineer in accord
with UDC 11-3A-21.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Building Elevations: No building elevations were submitted for the commercial portion of the
development. The architecture in the commercial portion should tie in with that of the residential
portion of the development in accord with the guidelines listed in the Meridian Design Manual.
See analysis above under Conditional Use Permit for information on the building elevations
submitted for the residential portion of the development.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of new uses and to ensure all site
improvements comply with the provisions of the UDC prior to construction of any structures or
site improvements on the site, in accord with UDC 11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design of all structures on the site is required to be consistent with the design standards
listed in UDC 11-3A-19 and the design guidelines included in the Meridian Design Manual.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per
the Findings in Exhibit D.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 13
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated: April 2014)
3. Landscape Plan (dated: January 2015)
4. Site Plan (dated: 1/14/15)
5. Conceptual Building Elevations
B. Agency Comments/Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 14
Exhibit A.1: Vicinity Map
Site
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 15
Exhibit A.2: Preliminary Plat (dated: April 2014)
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 16
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 17
Exhibit A.3: Landscape Plan (dated: January 2015)
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 18
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 19
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 20
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 21
Exhibit A.4: Site Plan (dated: 1/14/15)
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 22
Exhibit A.5: Conceptual Building Elevations
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 23
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 24
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 25
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 26
B. Agency Comments/Conditions
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 Development of the site shall substantially comply with the site plan and building elevations
included in Exhibit A, the design standards listed in UDC 11-3A-19 and the guidelines contained
in the City of Meridian Design Manual, and the conditions in this report.
1.1.2 The developer shall comply with the specific use standards for multi-family developments listed
in UDC 11-4-3-27, including but not limited to the following:
a. The applicant shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not limited to,
structures, parking, common areas, and other development features, per UDC 11-4-3-27G.
b. Provide a minimum of 80 square feet (s.f.) of private useable open space for each unit; submit
floor plans for each structure type demonstrating compliance with this requirement.
c. The architectural character of the structures shall comply with UDC 11-4-3-27E.
The plans/documents submitted with the Certificate of Zoning Compliance and Design Review
application(s) for this development shall demonstrate compliance with these standards.
1.1.3 The preliminary plat included in Exhibit A.2, dated April 2014, shall be revised as follows:
a. A 10-foot wide landscape buffer easement or dedicated buffer shall be noted on the plat along
the east sides of Motion Picture Drive and N. Oscar Avenue on the commercially zoned portion
of the site as required by UDC 11-3B-7C.2.
b. The building setbacks noted on Sheet 1 shall be revised to reflect a 5 foot side setback per
story and street landscape buffer of 25 feet for arterial streets.
c. Cross-access easements shall be noted and/or depicted on the plat for the commercial lots in
accord with UDC 11-3A-3A.2. A separate cross-access easement agreement may be recorded.
d. The driveway accesses via W. McMillan Road (between N. Meridian Road and Motion
Picture Drive) and N. Meridian Road (between W. Studio Drive and W. McMillan Road) are not
approved and shall be removed, unless a waiver to UDC 11-3A-3A is approved by City Council
with this application. City Council approved a waiver to UDC 11-3A-3A to allow the access
points as shown on the site plan.
e. A note shall be added to the plat that prohibits direct lot access to N. Meridian Road and W.
McMillan Road except for those accesses approved by the City and ACHD with this application.
1.1.4 The landscape plan included in Exhibit A.3, dated January 2015, shall be revised as follows:
a. Landscaping is required to be provided along the foundation of all street facing elevations in
accord with the standards in UDC 11-4-3-27-F.
b. Include berms along the portions of the perimeter of the development adjacent to W. Studio
Drive where garages aren’t proposed as an added buffer to the existing residences to the north and
west of the site.
c. Include a calculations table demonstrating compliance with the qualified open space
requirements listed in UDC 11-3G-3B and 11-4-3-27C.
d. The project calculations table needs to include calculations for the street buffer on the east
side of Motion Picture Drive and N. Oscar Avenue on the commercial portion of the site.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 27
e. A minimum 5-foot wide detached sidewalk shall be depicted along the portion of W.
McMillan Road where none exists in accord with UDC 11-3A-17.
f. The large conifer tree that exists on this site along N. Meridian Road shall be depicted on the
plan as an existing tree to either be retained or removed. If, this tree is proposed to be removed,
the applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of the tree in accord with UDC 11-3B-10C.5. If
this tree is proposed to be retained on the site, it shall be protected from damage to bark,
branches, and roots during construction in accord with UDC 11-3B-10C.
1.1.5 The site plan included in Exhibit A.4, dated 1/14/15, shall be revised as follows:
a. Depict the location of a property management office, a maintenance storage area, a central
mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular
access and a directory map of the development at an entrance or convenient location for those
entering the development, in accord with UDC 11-4-3-27B.
b. Provide an additional 5 vehicle parking spaces within the multi-family portion of the
development per UDC11-3C-6 for an overall total of 528 spaces as discussed in Section IX of the
staff report.
c. A bicycle rack shall be provided as close as possible to the entrance of the clubhouse in
accord with the standards listed in UDC 11-3C-5C.
A revised site plan reflecting these requirements shall be submitted at least 10 days prior to the
City Council hearing.
1.1.6 The final plat shall substantially comply with the approved preliminary plat in accord with the
requirements listed in UDC 11-6B-3C.
1.1.7 A minimum 5-foot wide detached sidewalk shall be constructed along McMillan Road where
none exists with the first phase of this development.
1.1.8 The applicant shall provide at a minimum, a clubhouse, swimming pool, hot tub, (2) accessible
playgrounds with open play and picnic areas, (4) barbeque areas with picnic tables, walking
paths, and open grassy areas as proposed in accord with the site amenity requirements listed in
UDC 11-3G-3C and 11-4-3-27D.
1.1.9 The architecture in the commercial portion of the development shall tie in with that of the
residential portion of the development in accord with the guidelines listed in the Meridian Design
Manual.
1.1.10 A minimum of 3.18 acres of qualified open space is required to be provided on the site as set
forth in UDC 11-3G-3A and 11-4-3-27C in accord with the standards listed in UDC 11-3G-3B
and 11-4-3-27C.
1.1.11 The developer shall coordinate with ACHD to possibly relocate the existing crosswalk and signal
on N. Meridian Road closer to the Motion Picture Drive/N. Meridian Road intersection to provide
a more direct pedestrian route from the apartments to the school.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 28
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I,
11-3B-8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-5C.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11-3A-6B as applicable.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth
in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the
use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set
forth in UDC 11-5B-6F4.
1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 29
2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can’t be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 30
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer’s expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The
contractor’s work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 31
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. FIRE DEPARTMENT
3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and
48’ outside, per International Fire Code Section 503.2.4.
3.4 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and
have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
3.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13’6 as set forth in International Fire Code Section 503.2.1.
3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
3.11 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
3.12 Buildings over 30’ in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 32
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or
rolson@republicservices.com to obtain approval of the dumpster locations on the multi-family
residential portion of the site.
6. PARKS DEPARTMENT
6.1 The Park’s Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 If there are any deficiencies to existing facilities on Meridian Road or McMillan Road, the
applicant shall be required to improve per the Minor Improvements Policy.
7.1.2 Widen the pavement on Meridian Road to a minimum of 17-feet from centerline plus a 3-foot
wide gravel shoulder.
7.1.3 Dedicate 3-feet of additional right-of-way on McMillan Road; and provide a sidewalk easement
for the detached sidewalk.
7.1.4 Widen the pavement on McMillan Road to a minimum of 17-feet from centerline plus a 3-foot
wide gravel shoulder. If the applicant chooses to construct vertical curb and gutter, then
McMillan Road should be improved to one-half of a 46-foot street section.
7.1.5 Studio Drive shall be constructed as a 46-foot street section to accommodate the turn lanes, 2-thru
lanes and bike lanes at the intersections with Meridian Road and McMillan Road. Beyond the
intersection the roadway can narrow to a 36-foot street section to accommodate 2-thru lanes and
bike lanes. Vertical curb and gutter is required, with either a 5-foot wide detached concrete
sidewalk or a 7-foot wide attached concrete sidewalk. Right-of-way shall be dedicated to extend
to 2-feet beyond the back of sidewalk. At the north property line, the right-of-way for Studio
Drive shall extend to the north property line to provide access to that parcel when it develops. The
street shall be signed for “NO PARKING”.
7.1.6 Construct Motion Picture Drive and Oscar Avenue as 36-foot street sections, with vertical curb,
gutter and 5-foot wide attached concrete sidewalk, within 50-feet of right-of-way.
7.1.7 All street intersection locations are approved as proposed, per the preliminary plat.
7.1.8 All driveways shown on the preliminary plat are approved as proposed. Driveways shall be
constructed as curb return driveways with 15-foot curb radii, with a maximum width of 30-feet.
7.1.9 The driveway on Meridian Road located 320-feet north of McMillan Road shall be signed for
“NO LEFT TURNS” at the driveway exit.
7.1.10 The driveway on McMillan Road located 340-feet west of Meridian Road shall be signed for
“NO LEFT TURNS” at the driveway exit.
7.1.11 Extend the existing median in McMillan Road to extend 75-feet west of the proposed driveway
located 340-feet west of Meridian Road.
7.1.12 The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without
the installation of root barriers. Class II trees may be allowed in planters with a minimum width
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 33
of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-
feet.
7.1.13 A license agreement is required for all landscaping proposed within ACHD right-of-way or
easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities.
Landscaping should be designed to eliminate site obstructions in the vision triangle at
intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height
restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from
stop signs. Landscape plans are required with the submittal of civil plans and must meet all
District requirements prior to signature of the final plat and/or approval of the civil plans.
7.1.14 If medians are installed in the road, there shall be a minimum of 20’feet of pavement on each side
of the median; the median shall be platted as right-of-way owned by ACHD; the width of an
island near an intersection is 12-feet maximum for a minimum distance of 150-feet. Beyond the
150-feet, the island may increase to a maximum width of 30-feet; the Developer or Homeowners
Association shall apply for a license agreement if landscaping is to be placed within these
medians; the license agreement shall contain the District’s requirements of the developer
including, but not limited to, a “hold harmless” clause; requirements for maintenance by the
developer; liability insurance requirements; and restrictions; vertical curbs are required around
the perimeter of any raised median. Gutters shall slope away from the curb to prevent ponding.
7.1.15 Meridian Road and McMillan Road are classified as minor arterial roadways. Other than the
access specifically approved with this application, direct lot access is prohibited to these
roadways and shall be noted on the final plat.
7.1.16 Payment of impacts fees are due prior to issuance of a building permit.
7.1.17 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 34
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 35
C. Legal Description and Exhibit Map for Proposed Rezone
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 36
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 37
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 38
D. Required Findings from Unified Development Code
1. REZONE :
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an annexation and/or rezone,
the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds the proposed reconfiguration of the R-40 and C-G zoning districts and
associated rezone is consistent with the HDR and Commercial future land use designation for
this site.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the existing and proposed R-40 zoning district and proposed
multi-family residential use is consistent with the purpose statement of the residential district
in that it provides for a range of housing opportunities including apartments as proposed.
Additionally, the City Council finds the proposed existing and proposed C-G zoning is
consistent with the purpose statement of the commercial district as it will provide for a
variety of commercial and retail uses.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Because this application is for a rezone, the City Council finds this finding is not applicable.
2. PRELIMINARY PLAT :
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information .
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services will be provided to the subject property upon
EXHIBIT A
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) the
City Council finds there is public financial capability of supporting services for the proposed
development. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council finds the platting of this property will not will not be detrimental to the
public health, safety or general welfare. ACHD considers road safety issues in their analysis.
3. CONDITIONAL USE PERMIT :
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds that if the site is designed in accord with the site plan in Exhibit A and
the conditions of approval in Exhibit B, the site will be large enough to accommodate the
proposed use and meet the dimensional and development regulations of the R-40 zoning
district and the specific use standards for multi-family developments.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed multi-family residential use in the R-40 zone meets
the objectives of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds that the general design, construction, operation and maintenance of
the multi-family use will be compatible with existing residential and future commercial uses
in the vicinity and with the existing and intended character of the vicinity so as to not
adversely change the character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
EXHIBIT A
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The City Council finds that the proposed development should not involve activities that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The City Council recognizes the fact that traffic and noise will increase with the approval of
this development; however, whenever undeveloped property is developed, the amount of
traffic generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature(s) of major importance.
AGREEMENT NO.
SUBGRANT AGREEMENT
THIS SUBGRANT AGREEMENT(the"Agreement") is made and entered into this -3 day
of -)-)\au j , , by and between Ada County, a duly formed and existing County
pursuant to the laws and Constitution of the State of Idaho, as a subgrantee of the Idaho Bureau of
Homeland Security, ("County")and City of Meridian("Subawardee").
WITNESSETH:
WHEREAS, County is authorized and required by Idaho Code § 46-1009 to maintain a
County wide disaster preparedness agency;
WHEREAS, in furtherance of those duties County has received grant # 2014 Homeland
Security Grant Program(HSGP)grant from the Idaho Bureau of Homeland Security (the "Bureau")
for the purpose of implementing strategies to address identified planning, organization, equipment,
training, and exercise needs to prevent, protect against, respond to, and recover from natural and
other catastrophic events,a copy of which is attached as Exhibit"A;"
WHEREAS, County desires to build and sustain regional core emergency management
capabilities across the prevention,protection,mitigation,response, and recovery mission areas, more
specifically set forth in Exhibit "B" attached hereto and by this reference incorporated herein; and
County concurs that regional core capabilities and capability targets are not exclusive to any single
level of government or organization, but rather require the combined efforts of the whole community.
WHEREAS, Subawardee desires to enter into this Agreement with County to build and
sustain regional core emergency management capabilities while ensuring compliance with state and
federal grant requirements.
NOW,THEREFORE,the parties agree as follows:
1. REGIONAL CORE CAPABILITIES PURPOSE. County and Subawardee agree that
subgrant funding and distribution will be based on building or sustaining high priority regional core
capabilities that address prioritized threats, hazards, vulnerabilities, and/or risks. Subawardee shall
allow use of grant purchased equipment in support of emergency management functions, consistent
with existing mutual aid or resource sharing agreements, for any local government member of Ada
City County Emergency Management ("ACCEM") or their various public or private sector partners
with emergency management missions.
SUBGRANT AGREEMENT- 1
.
DATED the day and year first above written.
Board of Ada County Commissioners
By: Jit bbs, Com issio er
R. zaguir e, mmissioner
vi . Case. Commissioner
ATTEST:
7(..,P
Christopher D. Rich,Ada County Clerk
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Name• 1
Title:
STATE OF IDAHO )
) ss.
County of Ada )
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SUBSCRIBED AND SWORN to before me this I i --
day of KA Cic, 2015.
Ac,Est JO4�•• s�
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SUBGRANT AGREEMENT-8
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ADA COUNTY RECORDER Christopher D. Rich 2015-035829
BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/291201502:16 PM
MERIDIAN CITY NO FEE
11111111111111111111111111111111111111111111111111111
00092209201600368290060067
WATER MAIN EASEMENT
THIS INDENTURE, made this 092r day of AIL- 20 16 between GGR, LLC, the
parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the GRANTEE;
WITNESSETH:
WHEREAS, the GRANTORS desire to provide a water main right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipeline from time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS,
and other good and valuable consideration, the GRANTORS do hereby give, grant and
convey unto the GRANTEE the right-of-way for an easement over and across the following
described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line
and their allied facilities, together with their maintenance, repair, replacement and
subsequent connection at the convenience of the GRANTEE, with the free right of access to
such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE,
it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs, performing maintenance, replacements or subsequent connections
to the water mains, GRANTEE shall restore the area ofthe easement and adjacent property to
that existent prior to undertaking such procedures. However, GRANTEE shall not be
responsible for repairing, replacing or restoring anything placed within the area described in
this easement that was placed there in violation of this easement.
Water Main Easement EASMT WAT 11-15-13.doc
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of
the right-of-way and easement hereby granted shall become part of, or lie within the
boundaries of any public street, then, to such extent, such right-of-way and easement hereby
granted which lies within such boundary thereof or which is a part thereof, shall cease and
become null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
Robert Runyan, Managing Member
GGR, LLC
PO Box 2579
Eagle, Idaho 83616
STATE OF IDAHO )
: ss.
County of Ada )
On this ZO day of ADV'I I , 201 � , before me, the undersigned, a Notary
Public in and for said State, personally appeared Robert Runyan, known or identified to me
to be a Managing Member of that Limited Liability Company that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WUNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
�AS & DEAUSTIN
Notary Public
Stale of Idaho
ClefAM DMh �
NOTARY PUALIC FOR IDAHO
Residing at: D
Commission Expires:1012311-1
Water Main Easement EASMT WAT 11-15-13.doc
7GRAN;TEE: 'CITY OF MERIDIAN 2�o�4o�PrIIonueLsr 9�
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Attest y Ja cee L. Ho ma , Clerk
Approved By City Council On:\�
STATE OF IDAHO, )
: ss
County of Ada )
On this day of 0,0 v -\k '20 —J-� before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and fayeeet—gelr —�" Jori
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho,
and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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NOTARY PUBLIC FOR IDAHO
Residing at: F'iwL.. 1 ✓J
Commission ExpC�b
Water Main Easement EASMT WAT 11-15-13.doe
' Sawtooth Land Surveying, LLC
--•" ^ �• < P: (208) 398-8104 F: (208) 398-8105
20305 Washington Ave., Emmett, ID 8361 I
EXHIBIT A
City of Meridian Water Easement
A parcel of land being a portion of Lot 11 and Lot 12, Block 1, Larkspur Subdivision No. 1, as
shown on file in Book 93 of Plats, at Page 11064, Ada County Records, for the purpose of a
City of Meridian Water and Sewer Easement, and located in the SWI/4 of the NW1/4 of
Section 19, T. 3 N., R. 1 E., City of Meridian, Ada County, Idaho, more particularly described
as follows;
COMMENCING at a found brass cap marking the northwest corner of said Section 19;
Thence South 0055'00" West, coincident with the west line of said SWI/4 of the NW1/4 of
Section 19, a distance of 1519.50 feet;
Thence South 89059'26" East, 60.01 feet to the northwest corner of said Larkspur Subdivision
No. 1;
Thence continuing South 89059'26" East, coincident with the north line of said Larkspur
Subdivision No. 1, a distance of 180.68 feet to the POINT OF BEGINNING;
Thence continuing South 89059'26" East, coincident with the north line of said Larkspur
Subdivision No. 1, a distance of 20.00 feet;
Thence South 0100'34" West, 32.00 feet;
Thence North 89059'26" West, parallel with said north line of Larkspur Subdivision No. 1, a
distance of 20.00 feet;
Thence North 0000'34" East, 32.00 feet to the POINT OF BEGINNING
The above described parcel contains 640 square feet more or less
Together with and subject to covenants, easements and restrictions of record.
PA2015\15044-CALDERWOOD BUSINESS PARK\Drawings\Descriptions\City of Meridian Water Easement.docx
Page 11
13 18 E. OVERLAND RD,
24 19
EXHIBIT B
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PROJECT:
OWNER/DEVELOPER;e'�2030
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WATER EASEMENT
GGR LLCEMMETT
S. WASHINGTON AVE.
ID 83617
15044-E
CITY OF MERIDIAN
PO Box 2576
EAGLE, IDAHO 83616
P: (208f 398-8104
F: 398-8105
PROJECT#
(208)
15044
SHEET
DATE r 4/15WWW.
SAWTOOTHLS. COM
1 DE 1
ADA COUNTY RECORDER Christopher D. Rich 2015-035830
BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/29/2015 02:16 PM
MERIDIAN CITY NO FEE
1111111111111111111111111111111111111111111111111
00092210201500960300060062
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made thisZ6day of IL- 20 /S between GGR, LLC, the parties of
the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho,
the party of the second part, and hereinafter called the GRANTEE;
WITNESSETH:
WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipelines from time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS,
and other good and valuable consideration, the GRANTORS do hereby give, grant and
convey unto the GRANTEE the right-of-way for an easement over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair,
replacement and subsequent connection at the convenience of the GRANTEE, with the free
right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE,
it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs, performing maintenance, replacements or subsequent connections
to the sanitary sewer and water mains, GRANTEE shall restore the area ofthe easement and
adjacent property to that existent prior to undertaking such procedures. However, GRANTEE
shall not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of
the right-of-way and easement hereby granted become part of, or lie within the boundaries of
any public street, then, to such extent, such right-of-way and easement hereby granted which
lies within such boundary thereof or which is a part thereof, shall cease and become null and
void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized
and possessed of the aforementioned and described tract of land, and that they have a good
and lawful right to convey said easement, and that they will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
NW6, I :
GRANTEE: CITY OF MERIDIAN
OV -11 V 9OgVOG
d` s
Z;;Mayor Gryof
ER
IDIAI
n oANo
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Atte: by Jaycee L. a ity Clerk
/� a�f"e TAlA6�•`Vp`
Approved By City Council On: ��31
STATE OF IDAHO, )
: ss
County of Ada )
On this O't; day of Aj;�rk , 20 Jam, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and4ayccc-L-Huhma, -� wc'A Jo n e'3
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho,
and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Altx
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:•'•0006, TE o�: '•�;
J1, � E.J"J--.
NOTARY PUBLIC FOR IDAHO
Residing *: ����1 / )0Commission Expirbs: Ob 34 a c7 / FS
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
Sawtooth Land Surveying, LLC
P: (208) 398-8104 F: (208) 398-8105
2030 5. Washington Ave., Emmett, ID 83617
EXHIBIT A
City of Meridian Water and Sewer Easement
A parcel of land being a portion of Lot 12 and Lot 16, Block 1, Larkspur Subdivision No. 1, as
shown on file in Book 93 of Plats, at Page 11064, Ada County Records, for the purpose of a
City of Meridian Water and Sewer Easement, and located in the SWI/4 of the NW1/4 of
Section 19, T. 3 N., R. 1 E., City of Meridian, Ada County, Idaho, more particularly described
as follows;
COMMENCING at a found brass cap marking the northwest corner of said Section 19;
Thence South 0055'00" West, coincident with the west line of said SW1/4 of the NW1/4 of
Section 19, a distance of 1519.50 feet;
Thence South 89059'26" East, 60.01 feet to the northwest corner of said Larkspur Subdivision
No. 1;
Thence continuing South 89059'26" East, coincident with the north line of said Larkspur
Subdivision No. 1, a distance of 333.92 feet to the west right of way of S. Blackspur Way;
Thence South 0000'34" West, coincident with said west right of way of S. Blackspur Way,
237.00 feet;
Thence North 89059'26" West, parallel with said north line of Larkspur Subdivision No. 1, a
distance of 25.00 feet to the POINT OF BEGINNING;
Thence South 0000'34" West, parallel with said west right of way of S. Blackspur Way, 30.00
feet;
Thence North 89059'26" West, parallel with said north line of Larkspur Subdivision No. 1, a
distance of 120.00 feet;
Thence North 0000'34" East, parallel with said west right of way of S. Blackspur Way, 30.00
feet;
Thence South 89059'26" East, parallel with said north line of Larkspur Subdivision No. 1, a
distance of 120.00 feet to the POINT OF BEGINNING.
The above described parcel contains 3600 square feet more or less.
Together with and subject to covenants, easements and restrictions of record.
End Description
P:\2015\15044-CALDERWOOD BUSINESS PARK\Drawings\Descriptions\City of Meridian Water and
Easement.docx
Page 11
_ E. OVERLAND RD.
24 19
60.01'
89'59'2(
E. CAIDERWOOD DR.
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333.92'
S 89'59'26" E
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PROJECT
OWNER/DEVELOPER:
DWG (/
WATER & SEWER EASEMENT
GGR LLC
2030 S. WASHINGTON AVE.
EMMETT ID 83617
15044-E
CITY OF MERIDIAN
PO BOX 2579
P: 208 398-8104
(208)
PROJFCT
EAGLE, IDAHO 83616
d'A�^^T F: 398-8105
/SSL
15044
ts.�ry;,y, tcc
SHEET
DATE:
4/15
„Q WWW. SAWTOOTHLS. COM
1 OF 1
City of Meridian
Purchasing Dept.
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, David Allison
Date: 4/22/15
Re: April 28th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
April 28th City Council Consent Agenda for Council's consideration.
Approval of Chance Order No. 2 to Beniton Construction , Inc. for the "WWTP
Maintenance Facility Construction Management Services" project for a Not-To-
Exceed amount of$26,240.00.
Recommended Council Action: Approval of Change Order No. 2 to Beniton
Construction for the Not-To-Exceed amount of$26,240.00.
Thank you for your consideration.
•Page 1
Page 1
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Clint Worthington
Date: 4/22/2015
Re: April 28th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
April 28th City Council Consent Agenda for Council’s consideration.
Approval of Change Order No. 1 to Sletten Construction Company for the “WELL 21
IRON AND MANGANESE REMOVAL / TREATMENT FACILITY” project for a Not-
To-Exceed amount of $32,836.13.
Recommended Council Action: Approval of Change Order No. 1 to Sletten
Construction Company for the Not-To-Exceed amount of $32,836.13.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
ADA COUNTY RECORDER Christopher D. Rich 2015-035828
BOISE IDAHO Pgs=4 VICTORIA BAILEY 04/29/2015 02:15 PM
MERIDIAN CITY NO FEE
IIII1111111111111111111111111111111111111111 II III
00092208201500368280040044
SECOND ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Blue Marlin Investments, LLC Owner/Developer
THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day
of 2014, ("SECOND ADDENDUM"), by and between City of Meridian,
a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642 and Blue Marlin Investments, LLC, an Idaho limited liability
company whose address is PO Box 8204, Boise, ID 83707, hereinafter called
OWNER/DEVELOPER, the successor in interest to Winston H. Moore ("former owner").
RECITALS
A. City and FORMER OWNER entered into that certain Development
Agreement that was recorded on April 21, 2005 in the real property records of Ada County as
Instrument No. 105048793 ("DEVELOPMENT AGREEMENT") on the parcel of property as
described in Exhibit A in the original Development Agreement, attached hereto. An Addendum
to Development Agreement was recorded on April 20, 2006 as Instrument No. 106060856 and a
New Development Agreement was recorded on December 8, 2006 as Instrument No.
106191305. A Second Addendum to Development Agreement was recorded on January 1, 2014
as Instrument No. 114002255.
B. City and OWNER/DEVELOPER now desire to amend the Development
Agreement (Instrument no. 106191305) and the Second Addendum to Development Agreement
(Instrument no. 114002255) with this Second Addendum to Development Agreement, which
terms have been approved by the Meridian City Council in accordance with Idaho Code Section
67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement,
except as specifically amended as follows:
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
Titnbergrove MDA -14-007 Page 1
5.1 Exclusive of the driveway stub, a 5 foot wide landscape buffer designed in
accordance with UDC 11-3B-9 shall be constructed on the north boundary of Lot 1,
Block of Centrepointe Subdivision.
5.k The property described in Exhibit "A" is no longer subject to the recorded
Development Agreement Instrionent #'s 106191305 and 114002255.
2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that
are consistent with the terms of the Development Agreement and this Second Addendum and the
Project Site shall be subject to de -annexation if the DEVELOPER, or their assigns, heirs, or
successors shall not meet the conditions of this Second Addendum as herein provided, and the
Ordinances of the City of Meridian that are consistent with the terms of the Development
Agreement and this Second Addendum.
3. If any provision of this Second Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Second Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
4. This Second Addendum sets forth all promises, inducements, agreements, condition, and
understandings between OWNER/DEVELOPER and City relative to the subject matter herein,
and there are no promises, agreements, conditions or under -standing, either oral or written,
express or implied, between OWNER/DEVELOPER and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Second Addendum shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City,
to a duly adopted ordinance or resolution of City.
a. Except as herein provided, no condition governing the uses and/or conditions governing
development of the subject Project Site herein provided for can be modified or
amended without the approval of the City Council after the City has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
5. This Second Addendum shall be effective as of the date herein above written.
6. Except as amended by this Second Addendum, all terms of the Development Agreement
and the Second Addendum shall remain in full force and effect.
Timbergrove MDA -14-007 Page 2
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
Blue Marlin Investments, LLC
By:
CITY OF MERIDIAN
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ATTEST:
STATE OF IDAHO, )
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County of Ada )
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On this zl day of ( ,_20}$-,-6efbre me, the undersigned, a Notary
Public in and for said State, personally appeared Jt�+ W OM known
or identified to me to be the of Blue Marlin Investments, LLC and
acknowledged to me that he executed t efl same with authority on behalf of Blue Marlin
Investments, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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(SEAL)
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PUBLIC Residing at: (r.l($d�]OQQ,kr
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Timbergrove MDA�I`40a
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STATE OF IDAHO )
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County of Ada
On this day of ��FLl� 20i �, before me, a Notary Public,
personally appeared Tammy de Weerd and da know or identified to me to be
the Mayor and Clerk, respectively, of the City of di i , MC ogxecuted the instrument of
behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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Timbergrove MDA -14-007 Page 4
Meridian City Council April 7, 2015.
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April 7,
2015, 2015, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David
Zaremba, Joe Borton, and Luke Cavener.
Members Absent: Genesis Milam.
Others Present: Bill Nary, Jaycee Holman, Calelb Hood, Sonya Watters, Bill Parsons,
Colin Moss, Warren Stewart, Berle Stokes, and Mark Niemeyer.
Item 1: Roll-call Attendance:
Roll call.
X _ David Zaremba X _ Joe Borton
X __ Charlie Rountree X_ Keith Bird
_____ Genesis Milam __X___ Lucas Cavener
_X Mayor Tammy de Weerd
De Weerd: Okay. I would like to welcome all of you for -- to our City Council meeting.
We appreciate you joining us. It's always nice to have citizens that care about their
community and come to participate in the -- in the government process. So, thank you for
being here. For the record it is Tuesday, April 7th. It 6:00 p.m. We will start with roll call
attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge -- in our Pledge of Allegiance.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Nate Lacy, Pastor with Parkview Christian
Church
De Weerd: Our community invocation will be led by Nate Lacy. Nate is with the Parkview
Christian Church. Nate, we would like to thank you for joining us and afterwards I will
present you a City of Meridian pin for joining us.
Lacy: Very good.
De Weerd: Thank you for being here.
Meridian City Council
April 7, 2015
Page 2 of 76
Lacy: Thank you. Do I face this way or this way? Okay. My name is Nate Lacy and I'm a
family pastor at Parkview Christian. I did just move back here from Hawaii. I had kind of
a -- a -- ah. It was a little bit of grass is greener syndrome, but I think we all have
experienced that. If you're a guy it's the truck that you bought. Or the dress that you just
purchased, but we have something pretty amazing here and I moved back here because
the people here are amazing. Safety is incredible for my family and there is this beautiful
wide open spaces here. So, be thankful for where you live. If you would bow with me we
will thank God. Lord, you are amazing and just give us wonderful blessings to each of us
and we can just be thankful for that. We just ask, Lord, that you would be in our hearts to
apply the golden rule that -- the wonderful lessons that you have given us through this
wonderful education that we get here in Idaho and we just ask that you would help us to
be mindful of our brothers and sisters here. Help us to use the minds you have given us
as you have said worship you with all our mind and our soul and we want to use that to be
-- to be mindful of the God given ability you have you given us here. Help us to be
respectful, to be mindful of all the blessings you give us here, including your son Jesus.
We just pray that you would give us wisdom and respect, but be with the leaders here.
Help them to make wise decisions based around the beautiful people of Meridian, Idaho.
We pray all this in Jesus' name, amen.
De Weerd: Nate, if I could give you a City of Meridian pin for joining us. Thank you.
Item 4: Adoption of the Agenda
De Weerd: Okay. Item No. 4 is adoption of the agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Item 6-I and 6-E have been requested to be vacated by staff. Item 6-Z, the
resolution number is 15-1059. Item 6-AA, the resolution number is 15-1060. On Item 8,
8-B, the resolution number is 15-1061. Under Item 9, 9-B, the resolution number is 15-
1062. Under item 11-A, the ordinance number is 15-1640. And under Item 11-B, the
ordinance number is 15-1641. And with those additions, Madam Mayor, I move that we
approve the agenda.
Bird: Second.
De Weerd: I have a motion and a second to approve the agenda as read. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Proclamation
A. Proclamation for Parkinson's Awareness Month
Meridian City Council
April 7, 2015
Page 3 of 76
De Weerd: Council, I'm going to head down to the podium to read a proclamation. Lisa,
are you here? Thank you for being here. I'm going to read a proclamation that we have
been fortunate enough to join with this group each year to bring awareness to this by
proclaiming this day Parkinsons Awareness Month and, then, Lisa, if you would like to say
a few words afterwards. Okay? Whereas Parkinsons Disease is a chronic, progressive,
neurologic disease that is estimated to affect a half a million to 1.5 million Americans and
whereas the exact cause of Parkinsons Disease is still unknown. Research suggests the
cause is a combination of genetic and environmental factors. And whereas symptoms of
Parkinsons Disease may include tremors, cognitive impairment and mood disorders,
difficulty with balance, swallowing, chewing and speaking and whereas there is no known
cure. There are treatments currently in place to improve the quality of life for people
diagnosed with Parkinsons Disease and their families and whereas increased research,
education and community support are needed to discover more effective treatments,
which will, hopefully and ultimately, result in discovering a cure for those living with
Parkinsons Disease today and whereas April has been proclaimed as Worldwide
Parkinsons Awareness Month for all to recognize the need for research and help in
dealing with Parkinsons Disease, therefore, I, Tammy de Weerd, Mayor of the City of
Meridian, hereby proclaim April 2015 to be Parkinsons Awareness Month in the City of
Meridian and I encourage all citizens to increase their awareness of this disease and the
continued need for research, better treatment and eventual cure. I sign this this day the
7th day of April and thank you so much for joining us in helping to raise awareness.
Bain: Thank you, Madam Mayor, Members of the City Council. My name is Lisa Bain
and I am a member the Parkinsons community here in Idaho and here in Meridian. We
are a small group tonight, but we represent people who have Parkinsons, people who
have loved ones with Parkinsons and even in our medical community who are supporting
advanced research to find a therapy and find a cure. Every nine minutes someone in this
country is diagnosed with Parkinsons Disease and their lives and their family's lives have
forever changed. That means from the time this meeting was called to order to the time
that Mayor Tammy just proclaimed it Parkinsons Awareness Month two more families --
two more communities have been forever changed by this disease. So, we appreciate
your helping us bring awareness and thank you very much. We look forward to the day
when we don't need this, because this disease is gone.
Item 6: Consent Agenda
A. Approve Minutes of March 24, 2015 City Council Meeting
B. Approve Minutes of March 17, 2015 City Council PreCouncil
Meeting
C. Approve Minutes of March 17, 2015 City Council Meeting
D. Agreement to Accept Payment in Lieu of Installing Streetlights at
Knighthill Subdivision
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April 7, 2015
Page 4 of 76
F. Water Main Easement for Commercial Southwest Subdivision
No. 2
G. Approval of Award of Bid and Agreement to AME ELECTRIC, INC
for the “LANDING LIFT STATION SCADA UPGRADES -
CONSTRUCTION” project for a Not-To-Exceed amount of
$100,000.00
H. Approval of Contract Amendment No. 1 to the Agreement with
Taser International for the “Body Worn Camera System” Project
for a Not-To-Exceed amount of $57,890.00
J. Approval of Award of Bid and Agreement to Cascade Pipeline
Corp. for the “SEWER LINE REPLACEMENT SITE 12B -
CONSTRUCTION” Project for a Not-To-Exceed amount of
$509,194.50
K. Professional Services Agreement for Kleiner Park LIVE Concert
Series Production Services Between Plan Ahead Events - Boise
and the City of Meridian
L. Community Development Block Grant (CDBG) Sub-recipient
Agreement for Meridian Food Bank
M. Community Development Block Grant (CDBG) Sub-recipient
Agreement for Charitable Assistance to Community's Homeless
(CATCH)
N. Meridian Community Block Party 2015 Sponsorship Agreement
Between the Boise Co-op and the City of Meridian for a Not-To-
Exceed Amount of $1,500.00
O. Meridian Community Block Party 2015 Sponsorship Agreement
Between Idaho Central Credit Union and the City of Meridian for
a Not-To-Exceed Amount of $3,600.00
P. Meridian Community Block Party 2015 Sponsorship Agreement
Between Meridian United Sports Center Academy and the City of
Meridian for a Not-To-Exceed Amount of $750.00
Q. Meridian Community Block Party 2015 Sponsorship Agreement
Between CenterCal and the City of Meridian for a Not-To-Exceed
Amount of $1,500.00
Meridian City Council
April 7, 2015
Page 5 of 76
R. CableONE Movie Night in Meridian 2015 Single-Night
Sponsorship Agreement Between Tucanos Brazilian Grill and the
City of Meridian for a Not-To-Exceed Amount of $550.00
S. CableONE Movie Night in Meridian 2015 Single-Night
Sponsorship Agreement Between Parkview Christian Church
and the City of Meridian for a Not-To-Exceed Amount of $500.00
T. CableONE Movie Night in Meridian 2015 Presenting Sponsorship
Agreement Between Saint Alphonsus Medical Group - Meridian
Health Plaza and the City of Meridian for a Not-To-Exceed
Amount of $3,000.00
U. CableONE Movie Night in Meridian 2015 Presenting Sponsorship
Agreement Between Connections Credit Union and the City of
Meridian for a Not-To-Exceed Amount of $3,000.00
V. CableONE Movie Night in Meridian 2015 Single-Night
Sponsorship Agreement Between RC Willey and the City of
Meridian for a Not-To-Exceed Amount of $500.00
W. CableONE Movie Night in Meridian 2015 Single-Night
Sponsorship Agreement Between Meridian United Sports Center
Academy and the City of Meridian for a Not-To-Exceed Amount
of $500.00
X. CableONE Movie Night in Meridian 2015 Single-Night
Sponsorship Agreement Between the Meridian Library District
and the City of Meridian for a Not-To-Exceed Amount of $500.00
Y. Development Agreement for Approval: AZ 14-015 Granton
Square by Granton Properties, LLC Located on the East Side of
N. Locust Grove Road, South of E. Ustick Road. Request:
Annexation and Zoning of 5.13 Acres With the R-8 Zoning
District
Z. Resolution No. 15-1059: A Resolution Amending The City Of
Meridian's Citywide Records Retention Schedule
AA. Resolution No. 15-1060: A Resolution Authorizing the Mayor of
the City of Meridian to Donate Certain Theater Seats from Old
City Hall to the Harvest Church
BB. Final Order: FP 15-007 Whitebark Subdivision No. 1 by BHH
Investments 1, LLC Located 2135 E. Amity Road Request: Final
Plat Approval Consisting of Twenty-Nine (29) Building Lots and
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April 7, 2015
Page 6 of 76
Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning
District
CC. Final Order: FP 15-008 Three Corners No. 3 by Conger
Management Group Located Southeast Corner of N. Locust
Grove Road and Chinden Boulevard Request: Final Plat
Approval Consisting of Twenty-One (21)
Single-Family Residential Building Lots and Four (4) Common
Lots on Approximately 6.81 Acres of Land in the R-4 and R-8
Zoning Districts
DD. Findings of Fact, Conclusions of Law for Approval: AZ 15-001
Bellabrook East by ZWZ Properties, LLC Located 398 S. Locust
Grove Road Request: Annexation and Zoning of 5.19 Acres of
Land with an R-15 Zoning District
EE. Findings of Fact, Conclusions of Law for Approval: Continued
from March 17, 2015: PP 15-001 Bellabrook East by ZWZ
Properties, LLC Located 398 S. Locust Grove Road Request:
Preliminary Plat Approval Consisting of Nine (9) Buildable Lots,
Two (2) Common Lots and One (1) Other Lot on 5.14 Acres of
Land in a Proposed R-15 Zoning District
FF. FP 15-009 Biltmore Estates Subdivision No. 2 by Oakwood
Estates, LLC Located South of W. Victory Road and West of S.
Meridian Road Request: Final Plat Approval Consisting of
Twenty-Nine (29) Building Lots and Five (5) Common/Other Los
on 10.62 Acres of Land in the R-4 Zoning District
De Weerd: Thank you. Okay. Council, Item No. 6 is our Consent Agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: With the vacation of Items 6-E and I, I move that we approve the Consent
Agenda. Authorize the Clerk to attest and the Mayor to sign.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as changed.
Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
Meridian City Council
April 7, 2015
Page 7 of 76
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 7: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update
De Weerd: So, we will move right into Department Reports and I will invite our Youth
Council representative forward to give you an update on what their activities are.
Lawrence: Madam Mayor, Members of the Council, my name is Mackenzie Lawrence
and I'm a senior at Renaissance High School and I'm also the vice-chair for the Youth
Advisory Council and today I will be updating you on the events that were held in March.
So, the first thing that our council did in March is -- our last meeting we had 80 of our
council members in attendance, which for this time of the year where seniors are getting
ready for graduation and there is prom and there is all kinds of spring sports and events is
unprecedented, that's an amazing number of students that are still coming to the meetings
and we have 125 active members, which has never happened before. That's our highest
number so far I think in the history of our council and it had been really awesome to see
how much we have grown over the past couple of years, but with that we have also had a
few growing pains, so we have over this last year redefined some of our leadership roles,
specifically with the vice-chair position, so as you might have noticed, I have been
updating you guys for the last about four times, so we decided to add that to the vice-
chair position, because it's something that just kind of worked out that way and also the --
that specific position has kind of fallen by the wayside over the past couple of years. It
kind of -- there is not really specific duties that it has, so it's been kind of difficult to find
things that I can do regularly to help. So, one of the things is the Council updates and
also I make all of the PowerPoints for the general meeting, so we are kind of defining what
it means to be the vice-chair. I also have been putting together information and materials
for the rest, so that they can distribute that through the schools. We have also revised the
communication liaison position where they are using new ways to get information out for
our council, as it has grown. It's not enough just to send an e-mail, because there is so
many contacts that the e-mail can't really facilitate that anymore, so we have been using
Remind 101, which students can sign up for, and it's kind of a blind text messaging
application where the communication person, she can't see anyone's number or see
anyone's contact information, but she can send out a message to everyone as a
representative for MYAC and also we have elected and appointed sub committee leaders
for TAC community service and government affairs, so that some of the responsibilities is
taken away from Ken and it allows other people within the council to have a leadership
position that's separate from just the executive council, so that has been really interesting
and exciting and I know that the sub committee leaders are excited to report to Ken and
Meridian City Council
April 7, 2015
Page 8 of 76
the executive council monthly to kind of keep us updated on what they are doing. So,
that's been really interesting as we have grown to kind of define more specific leadership
roles and, then, the next thing is the Prom Extravaganza and that was on March 14th. It
was a Saturday. And it was a fashion show showing off Paige's Boutique, their prom
dresses and the tuxes and rentals for this upcoming season and it benefited CATCH,
which is the Charitable Assistance For The Community's Homeless and it really raised
awareness of the importance of reaching out to the homeless in our community and that
it's an issue that we like to help and it was a good way for our council to be involved in
kind of a fun thing, you know, we all love to get dressed up and walk and have pictures
taken of us and I think we learned some really valuable lessons about the importance of
awareness and community partners and I think it was a really fun thing for our council to
be a part of for a first year event. The next thing is in executive council we have been
meeting with different department directors and kind of getting their advice on leadership
and kind of their methods for working with their team and talking about important topics.
So, this month we had talked to Chief Lavy and he had kind of talked to us about
awareness of bullying and teen suicide, which is something that our council has tried a
few times to really talk about, but have been unsure how to proceed forward with a
sensitive issue. So, this is really interesting, because he gave us a lot of really good
advice on how to start the conversation and one of those things was just to talk about it.
We don't have to put on a grand event, we can just slowly start to talk about it with friends,
with the family, with students we go to school with, with our council and he also talked
about caution communication and confidence and this applies to a lot of different
situations, specifically personal safety and internet safety and it was really interesting for
him to give us different tools to talk with the council and with our fellow students about the
issues of bullying and teen suicide, because that's something that our council have
expressed an interest in working with and kind of trying to start a community conversation
about. So, we really enjoy these director meetings. I know that I get a lot out of them.
And the next thing that we did was TAC Dart Warz and this was just our March fun youth
event and we like to try and have a monthly event, usually on a Friday night or a Saturday,
where our advisors and the members of our council can just go and have fun without
having to worry about any sort of pressures or bullying. This is a way that we support that
anti-bullying message. We try and facilitate events where students can come and hang
out with other students and get to know them and have that support network available to
them and also we really like to do fun things, like Dart Warz. And after that we also like to
do fund things at our meetings. We know that -- I think everyone knows our meetings can
get really dry sometimes, kind of boring when we are getting down to the nitty gritty
planning stuff, so about once a month I would say we try to have a guest speaker -- a
guest speaker or a fun event that we plan and have an activity with the other council
members, so for the March 30th meeting we had ComedySportz come and talk to us and
if guys don't know about ComedySportz, they have been an amazing partner with us.
They come to any meeting we ask them to come to. They do a lot of very fun --
sometimes embarrassing activities, but they also support our anti-bullying message and
they have a nobody cares about you kind set of activities where it's like they get us to do
all kinds of silly things. Like you have to pick an animal and like go walk around the room
and make that animal noise and like everyone has to make different noises to each other
and it's kind of the idea of don't be so preoccupied with what everyone thinks about you,
Meridian City Council
April 7, 2015
Page 9 of 76
because they are really not thinking about you, they are thinking about what they are
doing and kind of be comfortable with yourself by doing all these weird, funny activities
that are also team building and fun and in their actual performances they do
ComedySportz, it's family friendly, they get penalized if they swear or if they make any
sort of explicit reference, so it's kind of interesting seeing their family message and it really
-- they work really well with us and they are so fun and we really enjoy doing things with
them. And, then, finally, tomorrow is April 8th and it is Do The Right. So, we have 5,000
Do The Right stickers. I'm sporting one right now. And we also have 2,500 Be Kind
stickers that Ken is wearing one of them and we are really, really excited about this event
and I know that we have been talking about ways to share the message and to really get
involved and one of the ways that we have done that is the stickers and we have also
distributed Post-it pads to all the local Dutch Bros, Albertson's, the Boys and Girls Clubs,
the Meridian Library, about 50 Chamber businesses and we are really trying to support
our message of Do The Right, get the community involved, share the message with other
people. So, we are going to play this video that we made for this as like kind of our
promotional video.
(Video played.)
Lawrence: So, for all of you I have a pad and both the stickers and as a council
encourage you guys to participate in Do The Right and you will also see one of these fun
little tokens and these are called Kindness Coins and it's from Denzels and what their
message is is that it takes about five people to make just one of these -- one of these
Kindness Coins and the idea that not only are we spreading kindness in the community,
but everyone is coming together to spread that message, so by distributing the Kindness
Coin it's showing how the community comes together in events like this to show how
supportive everyone is of each other. So, tomorrow and even every day, but specifically
tomorrow we encourage you guys to participate in Do The Right and to share your
kindness messages with everyone.
De Weerd: Thank you, Mackenzie. Council, do you have any questions or comments for
Mackenzie?
Rountree: Just a comment, Madam Mayor. The enthusiasm hasn't slowed down a bit.
Are we going to see you next month or are you going to be departing?
Lawrence: We just talked about that and I think I am planning on doing the April update
and, then, a May update. So, two more times.
Rountree: Great. Great.
Lawrence: Pass the torch on to someone else.
De Weerd: Thank you, Mackenzie. And those of you that came in might have noticed a
sticky note on your seat. We hope that you will all be part of that movement of
compassion and be kind tomorrow to a person on your right, whether it's a coworker, a
Meridian City Council
April 7, 2015
Page 10 of 76
neighbor, or a friend, to just pay it forward and we would love to see this really take wind
and our -- our youth council, they were tired of seeing the negative, they were tired of
seeing the suffering of some of their fellow students and they are being part of a solution
they hope does take and gains speed. So, thank you, Mackenzie, for the role that you
play on our community.
Lawrence: Also one last thing. If you have been on social media #dotheright, so we can
track everyone. Take a picture of what you do, so we can kind of see how you have
shared kindness messages.
De Weerd: Thank you. And Mackenzie is just one of 125 kids that we get to work with.
So, that is -- that is our future.
B. Mayor's Office: Resolution No. 15-1061: Re-appointing Stephen
Lewis to Seat 5 and Tracy Hopkins to Seat 6 of the Meridian
Transportation Commission
De Weerd: Okay. Item 8-B is also under the Mayor's Office. Council, in front of you you
to have a Resolution 15-1061 to reappoint Stephen Lewis to Seat 5 and Tracy Hopkins to
Seat No. 6 of the Meridian Transportation Commission and I would entertain any
questions. If not, I would entertain a motion to approve these appointments.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: With appreciation to the service that these two gentlemen have already given
to Meridian Transportation Commission, I move that we approve Resolution 15-1061
reappointing Stephen Lewis to Seat 6 and reappointing Tracy Hopkins to Seat 6 of the
Meridian Transportation Commission.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion,
Madam Clerk, will you call role.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
C. Parks and Recreation Department: CableONE Movie Night in
Meridian and Meridian Community Block Party Sponsor
Recognition
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April 7, 2015
Page 11 of 76
De Weerd: Item 8-C is under our Parks and Recreation Department and I will turn
this over to Colin.
Moss: Thank you, Madam Mayor, Members of the Council. I am here this evening at
Council's request. I'm very appreciative of the request to pay respect to the businesses
locally here who support our local events and so, you know, I will jump right into the first
one. We are -- we are talking about CableOne Movie Night in Meridian. CableOne Movie
Night in Meridian is coming into its ninth season this year and it's been -- become one of
those events that, you know, it's every Friday in the summertime. People have kind of
gotten used to it. It's become a family favorite and we are very -- very happy that it's been
that. So, Movie Night costs the city approximately 17,000 dollars to put on. About 80
percent of that is covered through sponsorships from local businesses. The other 20
percent we are able to raise with concessions revenue. Obviously, sponsorships is the --
is the ticket. We need sponsorships to be able to put on this event and so that's why we
are here tonight to -- to recognize those sponsors and the first one has to be CableOne.
They are the ones that are on the -- that are on the title of the program. They have been
with us since day one in our ninth season. So, CableOne, I just wanted to put them, you
know, at the front, just because you don't see a contract with them every single year,
because we are in the middle of a five year contract with them. We are in our fourth year
of our contract and I just want to make sure that Council knows that that contract is alive
and well, that we are very much beneficial -- you know, mutually beneficial partners with
CableOne. They did purchase our movie screen that we use for Movie Night and, then,
our partnership conditions every single year. They produce our welcoming videos and
they also have a representative there that works with all of our sponsors, so that every
single -- every single week I'm able to have a DVD with our welcoming video and all of the
sponsor commercials that are, you know, there for that week and so it's a hugely
beneficial service or program and after this contract is up at the end of 2016 I can tell you
right now we will be, you know, pursuing another five year contract with CableOne if it's
amenable to them and I hope that it is. We were supposed to have -- we were going to
have a representative from CableOne here tonight and we may and if you will bear with
me for a moment, with the fantastic audience that we have tonight I was really not able to
connect with her and so if you don't mind -- Cheryl, were you able to make it? Thank you
so much for coming, Cheryl, I appreciate it. So, Cheryl is the general manager for
western Idaho and eastern Oregon. Typically we work with CableOne representatives out
of Arizona to put together the contract. Cheryl -- I have not had a chance to meet Cheryl
before. We work on a fairly limited basis with representatives here in the Treasure Valley,
except for with CableOne advertising, who we work with very closely every year. So, very
happy that Cheryl was able to make it tonight. So, in addition to Cable One, Rocky
Mountain Audio Visual has been our audio visual sponsor for -- the sixth season is coming
up. They have provided all of our AV services for Movie Night at a discounted rate and so
we are very happy to have them on board again this year. St. Alphonsus Meridian Health
Plaza is one of our presenting sponsors and this is going to be their fourth season as a
presenting sponsor, seventh season total as a sponsor. They were a single night sponsor
before that. And so very excited to have St. Alphonsus Meridian Health Plaza back as a
sponsor again. They have, obviously, been -- been here one of the longest supporting
businesses. And, then, our other presenting sponsor this year is Connections Credit
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April 7, 2015
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Union. This is their first year as a sponsor of Movie Night. They have recently began to
be very, very involved in the events that we have done here in Meridian, because they are
in the middle of construction for -- on a new Meridian Branch at Ten Mile and Pine and so
they were at the -- they were at the Trunker Treat in the fall. They were also one of the
big sponsors of our Christmas parade this year and so we are very happy to -- to have
Connections Credit Union on board this year and we have worked very well with them
over the past year or so. And, then, we have a whole bunch of single night sponsors and,
you know, we have been very lucky to have a lot of single night sponsors who have been
supportive of this program year after year. I will try to go through them -- you know,
Mayor's Youth Advisory -- Mayor's Anti-Drug Coalition has been the longest supporter.
This is going to be their sixth season as a sponsor of Movie Night. Meridian Firefighters
Association has also been a big supporter. This is the fifth season. Sierra Trading Post it
is going to be their sixth season as well, including two as a presenting sponsor. And,
then, we have R.C. Willey is going to be back with their fourth season. Meridian Library
District for the third season. Idaho Central Credit Union for their third season. Meridian
United Soccer Club for their third season Westside Body Works for their second season.
Tucanos, Brazilian Grill for their second season. And Bio Lab Plasma Services for their
second season. And, then, Parkview Christian Church, right across the street from
Settlers Park, is going to be their first season. So, we are extremely lucky. You can tell
by the number of return sponsors that we get for the season, only two, Connections Credit
Union and Parkview Christian Church, are first year sponsors and so, you know, it's a
testament to how supportive and engaged our business community is in the -- in, you
know, city events that we have those businesses coming back year after year. So, we are
very lucky in Movie Night. So, with that I will move on. We are also recognizing sponsors
from the Meridian Community Block Party. This -- tonight, because we have all of -- all
four of our major sponsor contracts on your agenda. I know it's a little bit early. The block
party isn't until September 19th, but we are very excited for the move to Kleiner Park this
year. This is an event that's been at Settlers Park and has been extremely involved with
in the past and, you know, we were at Settlers Park for five years. This is our sixth year of
the event and with the move to Kleiner Park there has been a lot of opportunities to grow
the event, to bring in some of the new businesses that are coming in over at The Village
At Meridian and we have local business that we are working with to put -- to put on a chalk
art festival during the event and we are also planning on adding a concert at the end of
the event in the band shell now that we have a built-in band shell to use for the event, so
we are very excited about that. But our sponsor is still the block party. Idaho Central
Credit Union, who is -- as I have already mentioned, has been a big sponsor of Movie
Night. They jumped on board as our presenting sponsor and so that was really the first
big domino to fall and we are very appreciative to Idaho Central Credit Union to be our
presenting sponsor. And, then, we have -- The Village At Meridian has joined on to be the
stage sponsor during the block party and, then, the Boise Co-op, kind of a newcomer to
town, who is going to be going in right there at the end of the Village At Meridian, they
were extremely excited to be what we are calling the Kids Corner, kind of a new thing for
the block party this year and not only is Boise Co-op sponsoring the Kids Corner, they
have actually offered to run it themselves and to go out and get the face painters and the
balloon twisters and -- and all those different things and so they were extremely excited.
They have their own initiative that involve -- that involve youth and healthy choices for
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April 7, 2015
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youth and things like that. So, it really ties into, you know, the Meridian Parks and
Recreation and the city's overall, you know, goal. So, we are very excited to have those
new sponsors for the block party this year and, then, returning sponsors for the block
party, the Meridian United Soccer Club, who also has been involved with -- with Movie
Night. This is going to be their third year coming back as the sponsor of our mascot
dance off event during the block party, which has been extremely fun and very popular
and then -- and, then, Rocky Mountain Roll as been with us for five of six years as a
Meridian Community Block Party. They are the ones that provide all the bounce houses
and other inflatables and the climbing walls and the mini bikes for the mini bike races and
so Rocky Mountain Roll has been an credible partner in the block party as well. So, that's
really all that I have to say about those events. You know, I'm just excited that Council
was interested in having us come and give those sponsors some public recognition,
because they most definitely deserve it and so with that I would stand for some comments
from Council about those events and our sponsors. Thank you.
De Weerd: Thank you, Colin. I think you picked the right meeting to give exposure to the
sponsors; right? Council, any questions?
Cavener: Madam Mayor?
De Weerd: Yes, Mr. Cavener.
Cavener: Maybe just a quick comment and it speaks to some what of Mackenzie talked
about and that's making community and this is truly a partnership for our community and I
think ultimately the vote of confidence in you, Colin, and our Parks Department, what a
great job you do in executing these events. They are great for our community to come out
and participate. It's a win-win for our sponsors, it's a win for our community and our
residents, so great job. Keep up the good work.
Moss: Thank you.
De Weerd: Thank you. Mr. Bird.
Bird: Thank you, Colin, for everything you have done to get the sponsors and thanks for
the sponsors and this just proves that Meridian still is a community minded community.
De Weerd: Thank you, Mr. Bird. And you know that it's your comments the reason that
this is on the agenda. So, we wanted to give recognition to our community partners.
Bird: I did call him Colin.
De Weerd: I know. Offline I was going to congratulate you for that, too. Any other -- you
beat us all to the punch. Any other comments? Mr. Zaremba?
Zaremba: Madam Mayor, I would just add my appreciation for Colin's work. He's been
the driving force behind many of our events. Getting the Christmas parade going back.
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April 7, 2015
Page 14 of 76
Winterland lights parade going and Fourth of July program and several of the other things,
whether or not they were his original idea, which they may have been, but even if they
were somebody else's idea, he has taken the leadership of making sure they happen,
make sure they are successful, making sure that if it's a good thing it happens again the
next year and I really appreciate the leadership that you have taken, so --
Moss: Thank you.
De Weerd: Well -- and to CableOne, we do appreciate your partnership. Colin had this
great idea first in Idaho to really bring the Family Movie Night to our city park and it has
been wildly popular, in some cases too popular with teens that are not there to watch a
movie. I know. Dark park and, you know, that's kind of -- but the challenges to a
successful event is -- doesn't even hold a mirror to the -- the community building that you
have done and I cannot believe it's been nine years.
Moss: Well, thank you. And if I may just build on your comments just a bit. With -- you
know, with the challenges we have had in Movie Night, as you know this year we did
expand our security efforts for the event. We are bringing in a third party security
company, which is greatly increasing the cost for the program and, in turn, we have to
raise the prices for all of our sponsorship opportunities and, again, it's just a testament to
how committed those businesses are, that we only have two new sponsors this year.
Returning sponsors, having paid less the year before, agreed to sign on again having to
pay a little bit more just, you know, wanting to be a part of that community event. So, I
was -- I was very -- I was a little bit surprised, you know, very humbled by -- by how -- by
how interested those businesses were in coming back and continuing their support. So,
we are very -- we are very lucky to live in the community that we do.
De Weerd: Any further comments?
Rountree: Thanks, Colin.
De Weerd: Thank you.
Moss: Thank you.
De Weerd: I think all of you are doing the right tonight with this applause. I think it's great
that you recognize the efforts of our -- our employees and what they do to make a
difference. Thank you.
Item 9: Action Items
A. Public Hearing: Proposed Summer 2015 Fee Schedule of the
Meridian Parks and Recreation Department
Meridian City Council
April 7, 2015
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De Weerd: Item 9-A is a public hearing under Action Items and so who is doing this?
There you go. Jake, welcome. I saw Colin walk out and it was like, okay, I'm not sure
who is up.
Garro: Thank you, Madam Mayor and Members of City Council. Well, it is -- surely
excited to be here. This is my first City Council meeting in the City of Meridian. I was just
hired in February. Moved over from Nampa. So, it's great to be here. Exciting times in
the Parks and Recreation Department. We are currently working on our Summer Activity
Guide, which will be scheduled to be released April 17th with our summer classes
beginning -- registration for our summer classes beginning April 20th, that Monday. Then
our summer classes, which will kick off May 5th. Some of the summer classes I'm excited
about. Our Mer-Ida-Moo summer day camp will begin June 8th. Our Let's Play Sports
camp will begin June 15th and, then, our Outdoor Adventure camp will kickoff June 22nd
and some of the new classes that are coming on board this summer are Learn To Love
Lacrosse. Lacrosse is something that's huge in our community and we found a gentleman
of the Idaho Indoor Soccer Center that has numerous years of coaching Lacrosse, so we
are going to offer a Learn To Love Lacrosse for children ages three through ten. And
another exciting trip that I'm really excited about -- one of my goals was to come over here
and increase the number of activities that we offer to our senior citizens in our community
and May 8th I will be taking a -- a trip down to Shoshone Falls to look at the -- to look at
the water falling over the falls. That's something I'm -- I'm excited about doing and just
working -- working at increasing the number of activities that we have for that
demographic in our community. And with that being said, I am seeking approval of these
new fees and if there are any questions I would gladly take those at this time.
De Weerd: Thank you, Jake. And Jake also works with our Mayor's Youth Advisory
Council on the teen activities efforts. Any questions for Jake? Okay. Thank you, Jake.
Garro: All right. Thank you.
B. Resolution No. 15-1062: A Resolution Adopting the Summer
2015 Fee Schedule of the Meridian Parks and Recreation
Department; Authorizing the Meridian Parks and Recreation
Department to Collect Such Fees; and Providing an Effective
Date
De Weerd: Okay. Council, Item No. 9-B is Resolution 15-1062.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Resolution No. 15-1062, resolution adopting the summer 2015
fee schedule for the Meridian Parks and Recreation Department.
Cavener: Second.
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April 7, 2015
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De Weerd: I have a motion and a second -- and would ask is there anyone who would
like to make comment on these park fees? Oh, so you weren't all here for that. Gosh. I
was misled. Okay. I have a motion and a second to approve the fees for our next season
of classes. Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
C. Public Hearing: RZ 15-001 Paramount Southeast Subdivision by
Brighton Investments, LLC Located Northwest Corner of N.
Meridian Road and W. McMillan Road Request: Rezone of 5.05
Acres of Land from the C-G Zoning District and 3.37 Acres of
Land from the R-40 to the C-G Zoning District
D. Public Hearing: PP 15-002 Paramount Southeast Subdivision by
Brighton Investments, LLC Located Northwest Corner of N.
Meridian Road and W. McMillan Road Request: Preliminary Plat
Approval Consisting of One (1) Building Lot in the R-40 Zoning
District; Twenty-Two (22) Building Lots in the C-G Zoning District
and Five (5) Common / Other Lots on 36.04 Acres of Land
E. Public Hearing: CUP 15-002 Paramount Southeast Subdivision
by Brighton Investments, LLC Located Northwest Corner of N.
Meridian Road and W. McMillan Road Request: Conditional Use
Permit for a Multi-Family Development Consisting of 280
Dwelling Units in an R-40 Zoning District
De Weerd: Okay. Council, Item 9-C, D and -- are public hearings on RZ 15-001 and PP
15-002. I will open these public hearings -- oh, as well as 9-E on CUP 15-002 -- with staff
comment. Thank you.
Watters: Thank you, Madam Mayor, Members of the Council. The first application before
you tonight is a request for a rezone, preliminary plat, and conditional use permit. This
site consists of 46 acres of land. It's currently zoned R-40 and C-G. It's located at the
northwest corner of North Meridian and West McMillan Roads. This property was
annexed into the city in 2003 and was included in the preliminary plat and planned
development for Paramount Subdivision. The conceptual development plan approved
with the planned development included multi-family and commercial uses on this site. A
detailed conditional use permit was required prior to any development on the multi-family
portion of the site and that is what is before you tonight. The Comprehensive Plan future
land map designation for this property is high density residential and commercial. The
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April 7, 2015
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rezone request consists of 5.05 acres of land from the C-G to the R-40 district and 3.37
acres of land from the R-40 to the C-G district, increasing the overall R-40 area by 1.68
acres. There is a detail on the screen there that shows the proposed rezone areas. The
applicant states that the northeast six commercial lots -- these right here -- may develop
with multi-family residential uses in the future if market demand is insufficient to consume
the available commercial property at the corner. In this case a new conditional use permit
would be required for a multi-family residential development on that potion of the site.
Staff is not recommending a new development agreement or amendment to the existing
development agreement with the rezone as the proposed development is consistent with
the previously approved concept plan. The preliminary plat consists of 28 building lots --
excuse me -- a total 28 lots consisting of one building lot and five common lots in the R-40
district and 22 building lots in the C-G district on 36.04 acres of land. All of the lots
comply with the dimensional standards of the applicable zone. Landscaped street buffers
are required along all collector and arterial streets and along local streets within the C-G
district. Four public street access are proposed for this development, two via McMillan, as
you see here where my pointer is, and two via North Meridian Road. Both arterial streets.
Additionally, two driveway accesses are proposed, one here and one here. One via
McMillan between Meridian and Motion Picture Drive, and one via Meridian Road between
Studio Drive and West McMillan Road. These driveways are restricted to right-in, right-
out. Because the UDC limits access points to arterial streets in an effort to improve
safety, staff recommends access to the site is limited to the public street accesses and the
driveway accesses are removed. Approval of the accesses as proposed requires City
Council approval of the waiver to UDC 11-3A-3. ACHD did deem the proposed layout will
provide a good split of vehicular traffic in all directions within this development and
approved the access point as proposed by the applicant. ACHD did not require a traffic
impact study for this development, as they reviewed and approved this site in 2003 as part
of the original Paramount preliminary plat and planned development and the proposed
density is substantially the same. There are three existing stub streets from Cedar Creek
and Paramount Subdivisions to this site that will be extended and connect to Studio Drive.
A detached sidewalk exists along the entire frontage of North Meridian Road and along a
portion of the West McMillan Road frontage. The remainder of the sidewalk along
McMillan is required to be constructed with the first phase of development. Detached
sidewalks are also proposed along the public streets within the development. A
conditional use permit is requested for a multi-family development in an R-15 -- excuse
me -- R-40 zoning district as required by the UDC and the previously approved planned
development. The development is proposed to consist of a total of 280 dwelling units
within four two story, 16-plex structures fronting on a pedestrian corridor at the center of
the project and nine three story 24-plex structures containing a mix of one, two, and three
bedroom units. The previously approved planned development for Paramount anticipated
a total of 270 apartment units at a density of 18 units per acre. The reconfigured R-40
area with 280 units results in a comparable density of 17.9 units per acre. The applicant
is required to comply with the specific use standards for multi-family developments listed
in the UDC, which include requirements for private usable open space, common open
space, and site amenities. And this is a copy of the original conceptual development plan
that was approved with the planned development for Paramount. It depicted multi-family
residential here and, then, commercial right on the corner. Building elevations were
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April 7, 2015
Page 18 of 76
submitted for the two and three story multi-family structures and the garages as shown.
The garages are these units right here. Building materials are proposed to consist of a
mix of horizontal and vertical siding with stone accents. Final approval will take place with
certificate of zoning compliance and design review application. Staff finds the proposed
development is consistent with the planned development previously approved for this site,
the zoning, and the Comprehensive Plan. The Commission recommended approval of
the subject application. Mike Wardle testified in favor. Jenny Wethers and Brian Hessley
testified in opposition and written testimony was received from Mike Wardle, Dr. Linda
Clark, Brenda Duggan, Ken Swanson and Wendy Ann Trent. Key issues of discussion by
the Commission. There was a general consensus that the applicant has been responsive
to neighborhood concerns and made changes to the plans accordingly that have
enhanced the project. They were in support of the applicant's for a waiver to UDC 11-3A-
3 for access to allow all of the driveways as shown on the site plan. The Commission did
not make any changes to the staff recommendation. The only outstanding issue for City
Council is applicant requests a waiver to UDC 11-3A-3 as previously mentioned for
access to allow all of the driveways shown on the site plan. Written testimony since the
Commission hearing has been received from the following: Please excuse me if I
mispronounce your name. Carry Karmashu or something like that. Bob Cooper. Brian
Hessley. Frank Brannon. Michael Arnold. Crystal Peters. Greg Reynolds. Aaron
Ebright. Sally Reynolds. Allen Rittle. Terry Patten Jenkins. Cheryl Tenbrink. Becky and
Eric Phillips. Carol and Joe Davis. Lisa Wood. W endy McKinney. All of which are
concerned with traffic and they request a new traffic impact study to replace the one done
in 2003 with the original Paramount development. A letter has been received from ACHD
in response to the request for a new traffic impact study. In short, ACHD did require a
new study, as the proposed development substantially complies with the concept plan and
density approved for this site in 2003. The city also received another note from Dr. Linda
Clark with the West Ada School District, stating that the West Ada School District rezone
Paramount Elementary to accommodate the growth from the proposed subdivision.
Middle and high school growth will be accommodated by the boundary changes for the
new middle school and expansion of Meridian School. Staff will stand for any questions
Council may have.
De Weerd: Thank you. Council, any questions for staff at this time?
Bird: Not at this time.
Rountree: None right now.
De Weerd: Okay. Would the applicant like to make comment? And just because we
have probably some new people here, we have the applicant give comments for 15
minutes, then, we will accept testimony at three minutes each and they will have
concluding remarks up to ten minutes.
Rountree: The applicant.
Meridian City Council
April 7, 2015
Page 19 of 76
De Weerd: The applicant. Yes. If you will, please, state your name and address for the
record.
Wardle: Madam Mayor, Council Members, Mike Wardle, Brighton Corporation, 12601
West Explorer Drive in Boise. Sonya made it quite easy and I'm not going to take 15
minutes, because she has covered the basis of very, very well. I just wonder if there is
any enthusiasm still bottled up from your Youth Advisory Committee that might be
available for some of the rest of us that have moved a little bit further down the path. I
would just note that this item was in front the Council, as noted by Sonya's presentation,
12 years ago and I did present to the Planning Commission and I would give you
additional copies if you wanted, but this should be in your record. This is -- these are
excerpts -- an eight page excerpt from the original hearing record application and the
hearing records before Planning and Zoning and the City Council. If you desire additional
copies of these in front of you I would be happy to provide them. But this simply shows
that 12 years ago all of the issues that are in front of you this evening relative to
apartments on that specific site and the commercial uses were considered and approved
and in all cases they were clearly called out as apartments. At that point it was estimated
to be a 270 unit project. It is 280, but it's still within and slightly below the densities
approved in 2003. Sonya, how do I -- okay. Sonya showed the existing zoning. The next
slide, then, shows the -- the changes that were made through this applicant where a few
of the acres -- 3.37 specifically from the C-G -- excuse me -- the R-40 zone will be
rezoned to commercial and 5.05 acres of the commercial ground will be rezoned to R-40,
even with that additional five acres of ground we are still talking about ten unit increase in
the density. The other application as noted -- and Sonya did make the comment in our
narrative submitted with the application we identified the future commercial to apartment
option and this actually came about as a result of extensive discussions with the
neighborhood. We had our first neighborhood meetings in April of last year and it was
pretty obvious that there were a lot of concerns. So, we took six months to work with a
neighborhood committee to identify ways that we could moderate the impacts and the
concerns and noted them in the final discussion with that committee. In fact, the
committee itself put out an e-mail to the neighborhood and this is also of record with the
Planning and Zoning Commission that should also be in your Council packet. They
specifically noted that Brighton converted a portion of the land for the apartment to
commercial or high density. This is now planned for professional office spaces and will be
marketed as such. However, if it doesn't lease, Brighton will need to rethink that land,
reserving the right to develop as they choose, including potentially more apartments and
Sonya noted that process, of course, would require additional applications and
consideration by the Council and Planning and Zoning Commission in the future. Next
slide -- in fact, the next two slides are simply kind of a history. We have had kind of a
crayon version in 2003 of a master plan, but this is the first professionally prepared plan
from 2006. We clearly identified the multi-family and commercial uses and the current --
the next slide shows the current version that's on the Brighton website today, which still
carries that multi-family residential and commercial designation. During the discussion at
the Planning and Zoning Commission there was a lot of concern about impact on schools
and we appreciate Dr. Clark's restatement of the fact that those issues were addressed at
the original point of approval. Brighton's initiatives over the course of this 12 year period
Meridian City Council
April 7, 2015
Page 20 of 76
include helping the school district acquire the high school site at a discount. The
elementary school site was donated to the district. And there are some yellow and red
designations that show intersection and sidewalk improvements that were done because
in 2007 Brighton initiated joint development agreements with the Ada County Highway
District to improve both the Linder-McMillan and Meridian-McMillan intersections to their
full eventual capacity and, then, there was -- we also constructed a sidewalk along
Meridian Road from the Producer Drive to the north down to the intersection, so that the
students going to the muddle school would be able to traverse that area safely and, of
course, the highway district did put in a crosswalk signal that also activates in that vicinity.
I noted the extensive neighborhood process that we went through for a six month period
last year that led to this refined project. I would also note that the amenities being
provided in this project really addressed a lot of the concerns. There were issues about
would the people in this facility be utilizing facilities in the single family community at
Paramount. There are actually two playground areas. There will a clubhouse. A pool.
There is, in fact, a pedestrian corridor that will connect the existing single family
community through the apartment site between two story 16 unit buildings to the
commercial area that would enable at least pedestrian access if people choose to do that.
So, the two arrows referenced and those that you will see on the next slide, refers to the
pedestrian boulevard as it's identified in some of our submittals that show how people will
be able to go through that area. There would be only one drive aisle that will be right at
the front of that slide that people will have to cross in order to reach to back of that project
at a public street. The second view down below -- excuse me. Back one, Sonya. Shows
the setback buffer evidence of the three story units behind the garage structures and I
would note that the landscape plans and the details that we were provided to that are in
the record indicate a significantly greater buffer and landscaping than depicted in this
particular rendering, but it shows how visually buffered those taller structures are. Those
three story structures specifically. The next slide is -- references the only item that to the
Council and that would be the driveway access waiver that we have requested, that
ACHD has approved and that was recommended by the Planning and Zoning
Commission. You will see that in the improvements that we did in 2007 with the highway
district, there are two access points created on Meridian Road and on McMillan. Both of
those -- well, the one on McMillan will have to shift just slightly in order to meet the
dimensional separation that ACHD would like to include now, but, essentially, those were
accommodated in the original improvements of that intersection. So, we would, again,
request the Council's approval of that waiver. And, finally, in summary, we just note that
from the very beginning of this project the apartments have been a significant component,
as has the commercial. All of our public documents and marketing renderings have
clearly identified those uses. The traffic study that was submitted in 2003 and approved
by the highway district accounted for those densities and uses. Brighton's initiatives have
provided for schools, enhanced pedestrian safety and transportation system
improvements, and I think most important is the fact that Brighton did respond to
neighborhood concerns and in those in -- in the changed plan that was formally presented
for hearing the density was reduced significantly. The elevations and scale of the
buildings was softened and moderated and so, Madam Mayor, Council Members,
because the proposal is consistent with the plan from day one and because the traffic
issue is addressed, and as identified and considered by the highway district from day one
Meridian City Council
April 7, 2015
Page 21 of 76
and that Brighton has, in fact, accelerated some of the long-term solutions by the
improvements that have been made to the intersections and because the project is in full
compliance with the Paramount plan and agency requirements, we respectfully request
that the Council approve the proposed zoning modifications, the preliminary plat, and the
conditional use permit for the apartment building, along with the access waiver. And if
there are -- I would be happy to answer questions.
De Weerd: Thank you. Council, any questions?
Bird: I have none, Mayor.
Rountree: I have none. Thank you.
De Weerd: Okay. Thank you, Mike.
Wardle: Thank you very much.
De Weerd: Okay. I do have a few people that have signed up. When I read your name
and what you checked on the sheet, if you would like to provide testimony at that time I
will invite you to come forward. David McKinney signed up against. Okay. Good
evening.
McKinney: Thank you. My name is David McKinney. I live at 1225 West Bacall Street in
the Paramount Subdivision.
De Weerd: Thank you.
McKinney: Many of the concerns that the residents of the subdivision have relate to traffic
issues and in particular, you know, the impact of this development on the surrounding
traffic. I'd like to refer to the ACHD traffic report that was provided with this particular item.
I presume the Council has a copy of this report. It's dated February 12th, 2015. The -- if
we look at the -- oh, I guess page 14 of the report it just sets forth the basic -- in their
conclusions of law restates the criteria that are used for analyzing this kind of a
development. Conclusions of Law Item F-2: ACHD requirements are intended to assure
that the proposed use or development will not place an undue burden on the existing
vehicular transportation system within the vicinity impacted by the proposed development.
The concerns that -- that I have and that other residents have relate to that issue and so I
would like to look at some of the aspects of this report that raises some concerns that
suggest that perhaps some additional information is needed. If we look at page two of this
report, Item B, it gives the traffic findings for consideration in this case. Particularly there
is a table that gives traffic counts on Meridian Road and McMillan Road and if you notice
at the far right, the projection of traffic of the level of service of the streets, including this
project, is level of service E on McMillan Road, but if you look in the footnotes, ACHD
indicates that a level of service D is considered acceptable. That suggests that their own
report gives facts that suggest that the project gives traffic volumes that are not actually
acceptable under ACHD standards. Now, another concern here -- if we look below that to
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Item B-3, it indicates that the traffic counts that were used in making this analysis were
taken on Meridian Road south of McMillan Road and on McMillan Road east of Meridian
Road. The trouble is this project is on Meridian Road -- most of McMillan Road and on
McMillan Road west of Meridian Road. So, we have traffic volumes that are being used
for this particular analysis that don't reflect the actual traffic at the location of the project
and that raises a little bit of a concern. Additionally, the -- if we look at page five of this
same report, under Item 4-C, it indicates that the applicant is proposing to construct
detached sidewalk on McMillan Road and is proposing to widen the pavement and
construct vertical curb and gutter. Then below in Item D it indicates the applicant should
widen the pavement to a minimum of 17 feet from center line, plus a three foot wide gravel
shoulder. This item simply is one thing that's unclear whether that is exactly what is
happening or not and I would request some clarification from the applicant on that matter.
De Weerd; Mr. McKinney, I'm sorry, I will have to ask you to summarize your testimony.
McKinney: Okay. Thank you. Basically the inconsistency in ACHD's own report suggests
that additional information is needed on the traffic issue. In fact, the traffic impact study
that was done in 2003, one lingering question was simply have all the assumptions that
were the basis for that report been actually considered to see whether reality today is
consistent with those assumptions and, if not, that would suggest that a new traffic impact
study is needed. Thank you very much.
De Weerd: Thank you. Council, any questions for Mr. McKinney?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Thank you. I have Barbara -- okay. That's understandable. Okay.
Thank you. Becky Barnes signed up against. Good evening, Becky. If you will, please,
state your name and address for the record.
Barnes: My name is Becky Barnes and I live at 4431 North Kylie in the Cobblefield
Crossing Subdivision.
De Weerd: Thank you.
Barnes: First of all, I want to thank you and I honor you for your service. I come to you
tonight not really prepared, but I do want to speak from my heart. I have had contact with
Mr. Wardle. I have worked with him on trying to get sidewalks on McMillan. I am very
concerned about the traffic on McMillan. I have testified before the transportation
commission. My main concern is -- along with the traffic is the safety of our children. But
for this reason I come with the safety of our children, but not only that, the building of all
these apartments, we will have additional enrollment in our schools. I have used this
chart before. We have enrollment -- I have the enrollment in the big numbers last year.
We have increased the enrollment at these schools -- the schools right here within a one
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mile area of Linder and McMillan. Schools in Meridian are already overcrowded. If you
add 280 additional units and they have already been said that they are going to be one,
two and three bedroom, that tells me that there is going to be additional children. Just
guessing, but I think there is going to be kids in those three bedroom apartments.
Paramount is going to be building another section directly across from Cobblefield
Crossing. It's 60 acres. Now, logic tells me that those 60 acres are going to have houses
in them and in those houses there are going to be two, three, four, maybe five bedrooms
and there is going to be kids in those. Now, with that, guess what, those schools in that
area are going to grow and grow and grow. What are we going to do about it? It just
seems logical to me that we really can't afford to build something this -- on this scale. This
was approved in 2003. Great. But in the meantime we have had apartments built right by
Rocky Mountain now. Right next to us west of Cobblefield Crossing Subdivision there
was 20 -- there is 28 four- plexes being built. They are almost ready for occupancy. And
down at Linder and Ten Mile there is a whole bunch of apartment buildings almost across
from Hunter Elementary. Now, those have all been built since 2003. I just ask you to take
a look at what's been happening. The growth of Meridian is exponential. Meridian is a
beautiful city, a beautiful place to live, so I just ask you to revisit, look at the impact,
schools, police fire, safety, and most of all look at it for our kids. Look at it for the schools.
De Weerd: Thank you, Becky. Council, any questions for Becky?
Rountree: I have none.
De Weerd: Becky, we will need your poster, because it is now part of public testimony.
Holman: Madam Mayor?
De Weerd: Can we take a picture of it?
Holman: Yes. That's what I was thinking.
De Weerd: The look on your face I hate to take that from you, but we do need a picture of
it.
Barnes: You have seen it before; right?
De Weerd: I have seen that somewhere before. Next Donn Doss signed up against.
Good evening, Donn. If you will, please, state your name and address for the record.
Doss: Donn Doss at 381 West Dreyfuss, Meridian. Mayor Tammy, City Council, I wasn't
prepared to speak this evening, but I am a property owner within the Paramount
Subdivision and I have attended several meetings in which Brighton outlined their
proposal on the original 280 apartments and I have been in contact with several other
concerned property owners concerning the rezoning that is before the City Council this
evening. I'm going to make this as brief as possible. I don't pretend to hold any -- any
weight within the community in which I live, I am speaking as an individual, and it was
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brought to my attention after the fact that Brighton used an e-mail that I had sent to David
Turnbull as a recommendation for the original 280 units and I -- in that e-mail it was
certainly not any formal recommendation, I was speaking for myself and it was a way that
-- e-mail was strictly as a -- a thank you, David, for allowing our concerns to be heard and
they were addressed subsequently and this evening I would appreciate the Council taking
into consideration everything that has come before the board in relationship to the request
for this zoning from commercial to the R-40. We do have major concerns with the -- the
density that is currently planned for future developments within Paramount, as well as the
traffic study, which is under consideration now and when I say under consideration now by
virtue of having it proposed this evening and without further adieu I would really
appreciate some further consideration in this regard, because this proposed additional
rezoning and -- this is only the start of what is going to happen in that particular
subdivision, as there are other major parcels concerned that are going to be proposed in
front of the board at some future date and without some consideration as to the density
that we are faced with, the width of that street between the Paramount Subdivision and
McMillan and Meridian Road, that our children are going to be in danger of just walking
down that street to get to the school and we would really like some relief and really some
discretion amongst you all. Thank you.
De Weerd: Thank you. Elaina -- and I don't know the last name, but -- signed up against.
It begins with an H, I believe. Okay. If -- so, at the end of this, if I didn't call your name
and you might be on here, I will still invite you up. Amy McPhearson. Thank you.
Amy, thank you for joining us. If you will, please, state your name and address for the
record.
McPhearson: Yes. Thank you, Madam Mayor and Council Members. My name is Amy
McPhearson. I live at 530 West Dreyfuss Lane in Meridian and that's in the Paramount
Subdivision.
De Weerd: Thank you.
McPhearson: I just want you all to think about proposals -- where were you told your
investments would be 12 years ago versus where they are now? Where have they
forecasted that the housing market would be today with prices and what's happened in the
interim. They didn't forecast that we would have that great drop. So, I am very grateful
that Paramount and Brighton has heard our concerns about the elevations and some of
the others and that they have added the sidewalk. I appreciate that, as I have two sons
that get themselves to and from the middle school on Meridian Road. But, yes, they may
have fulfilled the legal requirements of this study 12 years ago, but that was based on
what they thought might happen and there are so many housing developments that have
come up beyond that. It was farmland 12 years ago. And so I would really like them to be
asked to -- to do that again, because we all know that things change over time and we
can't accurately predict and that is a significant time period in the development of the City
of Meridian if you look at what your population was 12 years ago versus what it is now. I
also have some concerns about adding two more roads onto both Meridian and McMillan
-- or access roads with the safety of our children, but I haven't researched that enough to
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know if that's a valid concern or not. But I would like you to -- before you approve any of
these changes to ask of them to do another road study to check the schools. The
superintendent has given her approval for these and says that the issues will be dealt with
of the overcrowding, but that would be four or five years down the line and that's only a
middle school and a high school. That doesn't address the issues of Paramount
Elementary, which is already overcrowded and so to keep Meridian an appealing place for
people to want to move into, I think -- even if school districts and schools aren't your thing,
but I do see a conflict of interest of the superintendent who has received land free and
land at a discounted rate that she has said she's okay with this and with what it will do to
the schools. Thank you.
De Weerd: Thank you. Any questions from Council?
Cavener: Madam Mayor?
De Weerd: Yes, Mr. Cavener.
Cavener: Brief question. Thanks for your testimony. Did you participate in the
neighborhood committee that Brighton had formed?
McPhearson: I was not on the committee.
Cavener: Okay.
McPhearson: I received some of the e-mails and things, but I was not on the committee.
Cavener: Okay. Thank you.
McPhearson: Uh-huh.
De Weerd: Is there anyone else who would like to provide testimony on this application?
Yes. Good evening. If you will, please, state your name and address for the record.
Reynolds: Sally Reynolds and I live at 1166 West Bacall Street in Paramount. I actually
previously just lived at 472 Dreyfuss in Paramount, so I have owned two homes in
Paramount and it's been a wonderful place to live. We have enjoyed it. We have enjoyed
the neighborhood and the surrounding areas and my children have enjoyed also attending
the schools, so -- we have lived in Meridian for eight years previous and we just came
back, because we loved it so much. So, it's been a wonderful city to live in and I thank
you all for your service. I'd just like to echo the concerns with Mr. McKinney with the traffic
findings. I did also send an e-mail to ACHD asking them to please do another traffic
impact study and the e-mail that they sent back I even replied to that, because I said, well,
then, just some clarification. So, from 2003 your statement is still valid now. I haven't
received clarification from them on that yet, but as Mrs. McPhearson said, I just find it hard
to believe that something 12 years ago when things have changed so much and Meridian
as they are a growing community, could be valid as of today. Also it concerns me that
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those traffic findings were not in the correct location. I do have a middle schooler that I
drive every morning and, you know, middle schools, I mean they are wonderful, but that
bus service that goes works from Heritage into Paramount has now stopped and during
the winter months many parents have chosen to drive their children. Now that I'm on I am
1.3 miles away from Heritage and my son has to get to Heritage and he carries a
saxophone in a large backpack, I have decided to drive him during the winter months and
I can tell you that that traffic is insane. There is no other word for it right now and, you
know, people are crazy trying to get to work and trying to get their kids here and there and
I am worried about the extra two access points and they create a congestion that's going
to be especially as cars already line up all the way through that light. So, the traffic is a
concern. Also the enrollment issue, I also echo the concerns about our superintendent
where she has expressed that this will not create a lot of overcrowding in our school, but,
I'm sorry, I don't remember her name, that showed up with the chart that shows that the
numbers show otherwise. So, I just would urge the Council if they would, look at those
numbers, look at those findings, I think that there is a great value and analysis and that
these numbers do bear out the residents' concerns and I thank you for your time.
De Weerd: Thank you. Is there any further testimony? Yes, ma'am.
W.McKinney: My name is Wendy McKinney and I also live at 1225 West Bacall in
Paramount.
De Weerd: Thank you.
W.McKinney: I really appreciate all that Brighton has done. When my husband and I
looked to move to Meridian back in 2010 we specifically found Paramount Subdivision,
because it was a planned unit development and they had mixed use. That was one of the
draws that we had to Paramount and two years later when we actually moved there we
chose Paramount again because of those things. We knew from the start that we were
looking at Paramount, that those things were in the master plan and we saw them clearly
and we have no qualms with people in apartments living there. In fact, all of us have been
in apartments and a lot of those people will probably be building single unit homes within
our subdivision and will be our neighbors in different spots within Paramount. So, that's
fabulous, we welcome that. I am also grateful for the sidewalk, but because it is so crazy
-- my daughter bikes to a close location and, then, walks. She can't even get there safety
by bike. I would encourage you to go to this corner and sit there on a school morning
anytime between 7:30 and 8:30. Just sit there for an hour and you will see what we are
talking about. I'm also concerned that with Brighton spending six months talking to us
about improvements and all of the things that they are working with us as a subdivision,
what other areas were developed on those other two corners that did not take the time
and we were not asked for improvements and slid under the radar and got their places
approved quicker and faster, I don't think you should be asking Brighton to do all these
improvements and by doing a traffic study and by asking ACHD to do their part, they
should be asking all of the builders in this area that has all of this growth to contribute to
the proper roadways for our citizens.
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De Weerd: Thank you. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Another question. It sounds like you were very active in the process. Is it fair to
assume that you were a part of this neighbor group that worked with Brighton?
W.McKinney: I spoke with one of the leaders the day after the first meeting a year ago
May -- or almost a year ago and offered my services to help them, but they were very on
top of things and met without needing me, but when my husband and I went to the
Planning and Zoning Commission meeting a month ago we were alarmed that some of
the rezoning that took place there would give them the possibility of doing many more
apartments at a higher density than the R-18 all the way to the corner and that's an open
issue and we will have another meeting to discuss that. But that's when my husband and
I jumped in and started participating a little more fully.
Cavener: Follow up?
De Weerd: Uh-huh.
Cavener: You made a comment that intrigued me and that's that your daughter doesn't
feel safe to bike all the way to school. Would you mind elaborating what you mean by
that?
W.McKinney: There is too many bikes. She would get knocked down trying to bike to
school by other bikes.
Cavener: Thank you. I appreciate that.
De Weerd: Now, I don't think I have ever heard someone say there are too many bikes in
Meridian. Actually, I think that's awesome. My daughter went to Heritage Middle School,
so I certainly have driven those roads. Any further testimony? Okay. Mr. Wardle, would
you like to come back and have your concluding remarks and address some of what we
have heard. Council, before I ask Mr. Wardle to do that, do we want -- Justin, are you
here tonight? ACHD's representative. I hate to put you on the spot, but would you like to
also make comment? There has been a couple of concerns related to the 2003 study and
some of the responses from ACHD on this application. If you can make comment.
Lucas: Madam Mayor, Members of the Council, Justin Lucas. I represent the Ada County
Highway District. Business address is 3775 Adams Street, Garden City, Idaho. I don't
have too much to add than what was in writing from the highway district. Just speaking to
the requirement of what was required in 2003 and what's required today, it is not
uncommon that ACHD requires a traffic study and that the development lags behind that,
especially a development the size of Paramount. So, we do our best to look at it
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holistically and not piece by piece and so a few comments on that. The level of service
comment related to McMillan Road -- so, that's an existing level of service and it does
show a little bit higher than what we would normally accept, but as you are all aware,
Chinden Boulevard is not fully improved and so we anticipate over time the level of
service on McMillan to fluctuate depending on what happens with Chinden. So, as
Chinden is fully improved, would anticipate that the McMillan Road will actually potentially
have a better level of service as those improvements are made along Chinden. Now
people are using McMillan, because Chinden, as you know, as a state highway is not a
very efficient facility during certain times of the day and McMillan Road is an obvious
bypass to that. Now that's not preferential to the highway district and I don't think to the
City of Meridian. The state facility should be carrying those regional trips. If we were to
widen McMillan Road and accommodate those trips they would certainly come, but I don't
think that will be the answer we all want, which is more traffic on McMillan. By keeping it a
three lane facility with bike lanes I'm certain in the short term while Chinden -- while we
wait for Chinden to be widened, there may be some pressure there, but we anticipate that
pressure to be less as Chinden is developed as a state highway, which we would all hope
for and expect. So, I just wanted to speak to that one point, which I can hear. Other
questions I can certainly respond to. Hopefully I discussed the -- I addressed the issue
why no further traffic study was required. The main reason being that the densities and
the land uses and the zoning that was anticipated in 2003 has not changed in any
significant manner and the traffic counts and all the other things that are happening out
there show that what was anticipated is what is happening. The school issue -- now, that
one is a very specific issue and ACHD works very closely with the school districts to try
and mitigate those issues as best we can. But anytime you have a middle school located
basically on the corner of two arterial roadways, you're going to have these kinds of issues
and ACHD does not control where the school district locates their schools. We work with
them as best we can to mitigate those issues, sidewalks, special lights specifically for the
schools, et cetera. But the -- the issue of having a school on the corner, there again,
there is going to be traffic issues during the buses and kids and all those things happening
that are somewhat outside the control of the highway district. So, I hope that addresses
most of the concerns and I can certainly respond to any questions.
De Weerd: Council, any questions?
Rountree: I have none.
De Weerd: Okay. Thank you.
Lucas: Thank you.
Wardle: Madam Mayor, Council Members, Mike Wardle, 12601 West Explorer Drive. And
I just have a couple of very brief responses and, then, Mr. Turnbull will conclude. It's
pretty interesting that communities grow and the city has had a Comprehensive Plan for
many years of anticipated growth. It has been noted by some of the testimony that the
thing that appealed was the fact that Paramount was planned. It had mixed uses and did
include the schools and so forth. But I have to assume -- and we can't take the
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responsibility for other development that occurs within the vicinity, but those also occurred
within the context of the city's Comprehensive Plan and planned densities and so ACHD
and its -- and COMPASS in their long range planning anticipate those and project the
types of facility improvements that are needed. Let me just comment to Mr. Doss that we
did not include his comments to note endorsement. We included them to simply show a
process of how we took time to work with the neighborhood and how he and others
expressed acknowledgement of that effort. One other concern expressed about the time
of school drop off. School drop peaks are quite different from commercial peaks. The
commercial activity will occur at times of day that are quite different from what the -- the
drop-off period would be. And, then, with regard to checking out -- we actually did, as
Mrs. McKinney suggested, to go sit on that corner for an hour from 7:30 to 8:30 and we
have the results of that if the Council are interested in seeing it, but just to note that we
believe that we put a great deal of good faith effort in implementing the plan as presented
12 years ago. I would ask Mr. Turnbull now to conclude.
De Weerd: Good evening. If you will, please, state your name and address for the
record.
Turnbull: Thank you, Madam Mayor, Members of the Council. David Turnbull, 12601
West Explorer Drive in Boise. You know, as I was going through some of the records for
tonight's meeting I came upon an article from 2003, the cover of the Business section of
the Idaho Statesman and I was going to hold it up for you, but Mayor Tammy would
confiscate it for the record and it's the original article and I'm not about to give it up. But
they did an article, front page of the Business section, when Paramount was approved
and it specifically noted that there would be several mixed use areas, there would be 270
apartments, 73 townhomes, areas of commercial. Exactly what we have always
represented. I want to go back a little bit when I believe Councilmember Zaremba was on
the Planning and Zoning Commission -- Mayor de Weerd, I think you were on the City
Council, along with Council Member at that time Nary and Council Member Bird, when we
initiated, in a captive agreement with all of the land owners in Ten Mile square mile area,
North Meridian Area Plan and the idea was to bring all the stakeholders together to put
together this long-term plan. We involved ITD, ACHD, the school district, utility providers,
everybody that's included and the thought was let's get out ahead of this, let's plan this to
be a unique area, not just cookie cutter subdivisions, but let's have a mix of uses, a mix of
housing types, a mix of services. This was all planned starting in 2001, adopted in 2002,
and we had the opportunity in 2000 -- latter part of this. It was kind of a surprise. We
owned other property in that area -- the opportunity to purchase what is now known as
Paramount came to us and we did that. It was at that time called Celtic Heights and I
don't remember if it had an approved preliminary plat or one that had been submitted, but
it didn't meet the planning principles that we had just adopted in the North Meridian Area
Plan. And so Mike Wardle and I started from scratch. That newspaper article I was going
to show you I was 43 years old in the photo. I don't seek publicity, but they insisted on
putting a photo in there. I'm now getting senior citizen discounts at certain establishments
around this town. So, we were -- we were -- we started from scratch. Took a blank slate
slat and everything that we have done since then has been implementing that plan. Some
things come first. That's the way it always is. I remember a conversation with this City
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Council and certain mayors about, you know, we didn't have very many services back in
the '90s and I just said be patient, certain things come first. First roof tops, then, services
and so this is just a natural progression of the city. I do just want to address a few
comments as -- you know, Becky Barnes talked about all of the different developments
that are getting approved. Ours has really been the one that's been the most uniquely
master planned and implemented over time and so if you're saying that this can't be built
-- I thought I had ten minutes. It's already been ten? I mean you're talking moratorium
and I don't think that's where this city is going. As Mike said, we didn't reference Mr. -- Mr.
Doss actually came up to me after the second neighborhood meeting, shook my hand,
told me he appreciated how we have worked with them. Then later sent me an e-mail and
we only included that in the record, because there were many others that came to me and
thanked me, but that was one where, you know, I had something that I could submit to
show our good faith intent in working with this neighborhood. I do think we came up with
a much better plan. We are really happy about it. We have significant open space. We
have a pool. We have a community center that's probably bigger than this Paramount
community center. You know, just one other item. And I guess, you know, I might
preference this. We went out there Monday morning from 7:30 to 8:30. If you took
ACHD's grid on level of service A through E, that intersection at peak hour a.m. traffic was
operating somewhere between level of service B or C and that's the current situation. I
will say this: We are in discussion -- we initiated this over a month ago, because this
project will potentially generate over two million dollars in impact fees to ACHD. We
initiated discussion with ACHD over a month ago to allocate those funds to further
improvements of Meridian and possibly McMillan Roads. So, those are discussions that
we are having right now and you may see further extensions, curb, gutter, sidewalks,
crossings, all of those things. We are cognizant of the fact that the school is there. We
have always planned for their safety. You know, I hear this with -- you know, we made
available the site for the Rocky Mountain High School. Well, that's a -- that's a tough thing
to do, you know. Not everybody wants to have a high school in their neighborhood. But
we have a proactive effort -- record of working with the school district to locate their
facilities and so we hate to see that effort used as a two edge sword to cut against us. So,
with that, you know, as Mike said, the only thing that -- well, let me -- one more thing. The
rezone we are asking for, everything we are doing here could be done with the existing
zoning. The rezone we are asking for is to accommodate the residents' desire to perhaps
add more commercial, less residential. Otherwise, everything we are asking here could
be done with the current zoning and the access points as mentioned were -- were built in
2007 and we just appreciate the City Council's recognition of those previously planned
and constructed efforts. Thank you. I will stand for questions.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Turnbull: Thank you.
Rountree: Thanks, David.
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De Weerd: Thank you. Council, do you have any further needs for any of the -- those
that testified, the applicant, or staff?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Question for Sonya. Is this conditional use permit required for an R-40?
Watters: Excuse me. This was -- excuse me just a second, Councilman Rountree. It was
required as a provision of the planned development and I can't remember if it is in the CU
or not. Yes, it does require conditional use approval in the R-40 district.
Rountree: That's all I needed.
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor, I just would follow up on a comment that Mr. Turnbull made. I
was on the Planning and Zoning Commission at the time that this was first presented and
it was a very good example of what was intended by the North Meridian Area Plan and, in
fact, the planning and development for the Paramount project worked its way -- worked its
way into much of what we did when we created the Unified Development Code. You
heard Sonya mention UDC, that's what that means, Unified Development Code. Before
that we had a series of ordinances that were not necessarily coordinated with each other
and the Unified Development Code is -- is now our ordinance for development, but we
depended very heavily on the process of this particular project. At the time when the
entire Paramount project was proposed -- sorry, my microphone is not on.
De Weerd: Thank you. I thought it was just me.
Zaremba: It was the first project of its size and my recollection is that if it wasn't the entire
square mile, it was like 90 percent of the entire square mile and the ability to plan a project
of that size -- frankly, before the Planning and Zoning Commission made any
recommendation to the City Council we beat them up for quite a few of the amenities that
-- that were not part of the old ordinances. They have become part of the new UDC. But
many of the amenities that the current citizens that live there now enjoy were the result of
that planning process at that time and the ability to either act with a development of a
process of -- of a project that was that size enabled the balancing of the different uses.
Unfortunately, many of our projects are smaller and so we are saying, okay, we are talking
about this one little area, but here is how we hope it will fit into the whole area around it.
With this project we were able to talk about that whole big area and -- and in balancing the
uses and in determining where the different densities would go, where the different types
of uses would go and seeing how it has come to fruition over the 12 years since we first
started talking about it -- 12 or 13 years -- this is the kind of development that makes
Meridian what it is. It's why people want to come here as several people have said and
this additional aspect of it was already considered, was already planned, as ACHD has
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mentioned, in our Comprehensive Plan, and in the North Meridian Area Plan, we knew
there would be other developments around it and much of that is taken into account. So,
in the minor adjustments that I believe are being asked for tonight, I feel this still meets the
intent of the plan that started many years ago and I will have to say I'm in favor of it,
because I think it's what was expected and even looked forward to.
De Weerd: Thank you, Mr. Zaremba. Any other comments? If not, do I have a motion to
close?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we close the public hearings on RZ 15-001, PP 15-002 and CUP
15-002.
Cavener: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 9-C, D
and E. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: A number of issues. Appreciate the issues of concern. You have to keep in
mind that we also rely on other agencies and independent groups to provide us
information. One specifically in this case is Ada County Highway District. We don't
control the roads, they do. We rely on them to be our traffic engineer and our road -- and
our highway department. They have corresponded and in their conclusion of law, in their
information that they have provided both the applicant and the city, they have stated that
the proposed site is approved and follows the site specific standard, conditions of
approval are satisfied, which the application has -- has agreed to. Given that it's hard for
me to counter for what Ada County Highway District says -- ask them again to do
something they have already done and said is sufficient. We have a similar situation with
the school district. But the reality is is this particular proposal before you, as Mr. Turnbull
just stated, would go forth without any of this public input per se on zoning change, but
just how you could go about conditioning the already approved multi-family development
in this particular zoning to make it more acceptable, if you will, to the community, which
appears to have happened. The idea that you can testify that you don't want it or it needs
to be something else, they already have a right now with the zoning that's there to put
multi- family dwellings to a density very close to what they are proposing with this new
proposal with zoning shifts in commercial zoning to allow for more frontage of commercial
endeavors on Meridian Road. So, to me the idea that what's being proposed here this
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evening is going to be inconsistent with what's already approved and they already have a
right to do, really the only way I could say you can't do it is if you don't incorporate
measures into your plan that address such things as elevations, design criteria, which
they have met. Access and those such things. But they are allowed the density of an R-
40, which they are way under. So, I guess from my perspective I have a hard time either
denying or requesting more from them.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I agree with what Councilman Zaremba and Rountree has stated and I -- they are --
I don't see any way that we can ask for anymore out of it and if we don't have anymore
discussion, I will be glad to make a motion. I move that we approve RZ 15-001 and to
include all staff, applicant and public testimony.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-C. And this is about the
rezone. Any comments, discussion? Okay. Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Item 9-D.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve PP 15-002 and I think this is where we waiver UD 1 --
Rountree: 1.1.3.
Bird: -- 1.1.3D. Is that right? Waiver that and to include all staff, applicant, and public
testimony.
Rountree: Second.
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April 7, 2015
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De Weerd: I have a motion and a second under Item 9-D to -- for approval. Any
discussion? Council, I believe that one of the comments was regarding the connectivity
and the sidewalks and the sidewalks will be done in phase one. So, any comments?
Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Item 9-E.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve CUP 15-002 and to include all staff, applicant, and public
testimony.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-E. Any discussion from
Council? Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Thank you for those that came and joined us tonight.
Bird: It's nice to see everyone doing --
De Weerd: It is nice to see participation. Oh, thank you for that.
F. Public Hearing: RZ 15-003 Jayker Village Subdivision by Oak
Leaf Development Company, Inc. Located North Side of Chinden
Boulevard; West of N. Tree Farm Way and N. Tree Haven Way
Request: Rezone 26.09 Acres from the C-N and the R-15 Districts
to the R-15 (8.48 Acres) and C-C (17.61 Acres) Zoning Districts
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G. Public Hearing: PP 15-003 Jayker Village Subdivision by Oak
Leaf Development Company, Inc. Located North Side of Chinden
Boulevard; West of N. Tree Farm Way and N. Tree Haven Way
Request: Preliminary Plat Approval Consisting of One (1)
Residential Lot, Three (3) Commercial Lots and Three (3)
Common Lots on Approximately 23.59 Acres in the Proposed R-
15 and C-C Zoning Districts
H. Public Hearing: CUP 15-003 Jayker Village Subdivision by Oak
Leaf Development Company, Inc. Located North Side of Chinden
Boulevard; West of N. Tree Farm Way and N. Tree Haven Way
Request: Conditional Use Permit for a Self-Service Storage
Facility Consisting of a Care-Taker's / Office Building and Fifteen
(15) Storage Buildings on Approximately 11.18 Acres of Land in
a Proposed C-C Zoning District
I. Public Hearing: MDA 15-001 Jayker Village Subdivision by Oak
Leaf Development Company, Inc. Located North Side of Chinden
Boulevard, West of N. Tree Farm Way and N. Tree Haven
Request: Development Agreement Modification to Exclude the
Proposed C-C Zoning Boundary from the Existing Development
Agreement
De Weerd: Item 9-F, G, H and I are public hearings RZ 15-003, PP 15-003, CUP 15-003
and MDA 15-001. I will open all four of these public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
is the Jaykers Village Development. You can see here on the plan before you that the
property is annexed and zoned in the city, currently zoned C-N and R-15. The
development is currently -- or the property currently has two existing buildings on the site
here located near the southwest corner of the development. They will remain with the
development of the property. The applicant is proposing that they remain with the
development of the property. You can see a majority of this property is currently vacant
and has been that way since approximately 2006 when it annexed into the city.
Surrounding this development is primarily single family residential homes, zoned R-8 and
R-15. As I mentioned to you, this project was annexed in 2006. The project at that time
was known as the Tree Farm. Here is the approved concept plan that was tied to the
original annexation and as part of tonight's presentation I have highlighted the area in
which we are discussing that was part of -- and approved with that concept plan in 2006.
You can see here that a portion of it was approved for a neighborhood -- mixed use
neighborhood commercial and, then, also village housing, which is hard to read the
legend here, but the village housing component was to contain a mix of townhomes,
condominiums, or apartments, and, then, of course, the commercial portion would have a
mix of neighborhood from the commercial uses. You can also see on this concept plan
that the original concept included the primary access into that development would be from
Tree Farm Way or the mid mile access point, which is currently in this location here and it
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is currently constructed -- and was constructed with the earlier phases of the residential
development. The applicant is here tonight to discuss a rezone from the R-15 and the
C-N zoning district to the C-C zoning district in the R-15 zoning district. So, here in the
highlighted -- the red area here I have highlighted which area is proposed to go -- is
proposed to change from C-N to C-C and, then, what is to remain R-15 going forward.
The applicant is also proposing to preliminary plat the project, consisting of one 6.41 acre
residential lot, which could be further subdivided in the future. No plan for that at this time.
Lot 2, Block 1, as I mentioned earlier in my presentation, will contain the two existing
structures located here in the southwest corner. Lot 3, again, is another vacant
commercial lot that may be developed with three office buildings in the future. And, then,
the applicant has also followed up -- or submitted a concurrent application in a DA
modification to allow not only the CUP for the proposed service facility, but also tie them to
a new concept plan and request a new development agreement for the entire zoning
boundary of the proposed C-C zone. And for simplification tonight, instead of attaching
the plat, the landscape plan and the concept plan, I'm basically going to focus my
presentation on this exhibit, because it really details what the applicant is proposing to do.
So, as I mentioned to you, the primary access to this development is from Chinden
Boulevard, which is this street here labeled as North Tree Farm Way and, again, that was
developed with the residential development. Also with the residential development North
Tree Haven Way was also constructed, which is a local street, which provides access to
not only the future commercial, but also the proposed storage facility and, then, as part of
the preliminary plat requirement, the applicant will be required to extend a portion of the
collector road, which, again, is also North Tree Farm Way and this is part of ACHD's
master street map and this is a future collector road that will ultimately run through the
property to the west as shown on the concept plan and will ultimately tie into Black Cat
Road and serve as a backage road to Chinden Boulevard, much -- much as to Brighton
testified in the previous application where McMillan is acting as a backage road to
Chinden Boulevard until the improvements are done. So, typically these improvements do
happen at the time of lot development and now that this plat contains that roadway
extension, they will have to extend it with the development of this project. Landscaping for
this site will consist of a 35 foot wide landscape buffer along Chinden. Existing
landscaping exists on common Lot 1, Block 1, here in the southwest corner and that was
installed with the residential portion of the development. The 20 foot wide landscape
buffer was installed along the west side of North Tree Farm Way, the collector road, and,
then, when commercial development happens on Lot 3, Block 1, there will be a
requirement for a ten foot wide landscape buffer and, then, along the proposed collector
street the applicant is doing common lots and they will be providing the 20 foot wide
landscape buffers and also enhancing -- if you have ever been out there and seen that
North Tree Farm Way they have proposed to install center medians to give it a more
attractive look and a boulevard look to the development as well. Here is the visual impact
from the adjacent roadway. So, the applicant has provided these exhibits for you this
evening. Here is the visual view from Chinden Boulevard, which will include the 35 foot
landscape buffer, decorative walls and berming and, then, per the specific use standards
of the storage facility the applicant will have to provide solid fencing or a block wall along
the Chinden Boulevard side, in which they are proposing this evening. This would be the
view looking from the north side of the development adjacent from North Tree Haven Way
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and, then, also the main entrance off of North Tree Haven Way and I will get to that --
back to that. So, basically, here is the Chinden Boulevard view, the main entry from Tree
Haven Way, and, then, that other exhibit was for the northern boundary of the
development in order to mitigate those concerns from the residences. The applicant,
again, did provide a concept plan for Lot 3, Block 1, which is located in this area here.
You can see they are proposing a mix of office buildings or uses. This one building rate --
sizes range in between 6,000 square feet and 13,000 square feet. The applicant has tried
to have the buildings front towards the street and provide all the parking internal to the
development, so it does minimize impact to the adjacent residences. Moving forward the
applicant will have to receive certificate of zoning compliance and design review for those
office buildings on Lot 3, Block 1. One thing that I did bring to the attention of Council and
Planning and Zoning Commission was currently the existing two buildings on lot 2, Block
1, are operating with commercial businesses that have not received city approval.
Because the applicant is rezoning the property tonight and has provided proposed DA
modification, we have some DA provisions that recommend that he bring that site into
compliance within 90 days if you Council desire to approve this application this evening.
Here are the proposed elevations for you this evening for the office -- for the concept plan
of this office building I just discussed. You can see they include a mix of materials. Staff
finds that these are consistent with the design standards in the UDC. Again, any building
proposed for that lot will have to come back, get city approval -- or staff level approval and
be consistent with these elevations moving forward. The proposed storage facility. This
is the office slash caretakers unit. It will have someone that lives on the sight 24/7 for
security purposes and maintenance of that facility. Hours of operation for that facility will
be restricted between the hours of 6:00 a.m. and 11:00 p.m., due to the fact that it is
adjacent to a residential land use slash zoning and elevations this evening are meant to
emulate or match the existing elevations constructed within the Spurwing Subdivision as
well. The CUP for the storage facility itself will -- there will be 15 buildings on
approximately 11 acres of land. The primary building materials for that will be metal. In
the staff report staff has recommended additional design criteria to be added to the
building and the plans that are presented this evening do -- are consistent with staff's
recommendations in the staff report. And these are just -- I don't have color views of
those for you, but it's -- as you can see, it's a mix of metal siding and splotched
wainscoting along the perimeter. Because that facility will be screened by a majority of a
fence and landscaping, really, our focus, as far as, design review process goes will
involve the building along the east boundary and the buildings along the north boundary.
So, in our staff report we have paid particular attention to those elevations and moving
forward they will have to comply with the design standards as well. So, the Planning and
Zoning Commission did recommend approval -- or denial at their March 5th hearing. In
my hearing outline for you this evening in the interest of time I will spare you the details of
all the folks that have testified, but they are -- all of their names are part of the public
record. So, 17 residents testified in opposition. There was also a petition with 238
signatures from the residents in the area in opposition of the project. The applicant and
his representative did testify in favor of the application and there was one resident that
also supported the application moving forward. Key items of discussion by the
Commission included the commercial traffic entering the development with that single
access point, as I mentioned to you. Hours of operation for the commercial development.
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And, then, rezoning the property to a more intense commercial zoning, merely to allow the
self storage facility to use. That's really where the Commission felt this didn't -- wasn't
really compatible with the adjacent subdivision. Again, some of the concerns and some of
the issues discussed by the Commission was the entrance of that facility for the storage
facility in the relation to the pool complex and you can see this is the primary entrance to
that facility and the adjacent subdivision and the pool facility adjacent directly to the north
of this here and per the specific use standards the applicant will have to have a secondary
access from Chinden Boulevard. So, primary access, again, would be from the local
street consistent with the UDC. Secondary access coming from Chinden Boulevard. And
outstanding issues for this evening. In looking at the proposed development agreement
provisions I did note an error in there. So, one thing that I want to bring to your attention --
because along the west boundary of this site the applicant adjacent to R-15 zoning, the
applicant is seeking a Council's -- seeking Council's waiver to reduce the landscape buffer
from 25 feet down to 15 feet. Staff is amenable to that, because the property adjacent to
that is currently vacant. So, the storage facility will be constructed before the residential
comes in and also there is an existing landscaping that the applicant wants to utilize along
that boundary. So, as part of the development agreement modification this evening we
are recommending these DA provisions moving forward. So, the first one will be
consistent with the design standards and the design manual. As I mentioned to you, I
errored in one of the DA provisions and we forgot to include Lot 4 as part of the approval
with the concept plan, the site plan and the landscape plan that I'm presenting to you this
evening. Because of the neighborhood opposition we wanted to insure that there were
neighborhood friendly uses on this particular property, so we have prohibited specific uses
on this site moving forward to minimize the impact to the adjacent residential
development. Again, ordinances, change over time, so we wanted to make sure that
there is adequate provisions in place that they comply with the ordinances in effect.
Again, because the Commission's concerns with the hours of operation we have limited to
those as well -- restricted the site to that. And, then, as I mentioned to you currently the
two office buildings in there -- two commercial buildings are operating with illegal uses at
this time, so they will need to come back before the city and get approval of those if it is
your desire to approve this application tonight and that really references the last four or
five DA provisions here. So, in closing -- or I should say after the Planning and Zoning
Commission hearing we did receive additional testimony. One from the applicant, but also
in looking at the public record I have identified over 308 residents who submitted either
written testimony or a petition in opposition of this project and the applicant did submit
comments in regards to the Commission's recommendation. In general they are in
agreement with the -- the conditions in the staff report. The applicant -- if the Council acts
favorably on this application they are asking that you modify two conditions. The first will
be Condition 1-B, which recommends -- which originally staff had recommended a wider
landscape along the east boundary of the proposed self storage facility. Because the
applicant has reached out to the irrigation district and received approval for them to add
additional landscaping within their easement area, staff is amenable to that change and,
then, also in our staff report we had required that solid gates be located along the entry off
-- at least the secondary access off of Chinden Boulevard and we wanted a solid gate to
minimize the impacts of the visual effects from -- into the development from North Haven
Place or Tree Haven Place -- or road, excuse me, and so the applicant -- based on the
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mechanical mechanism to operate that gate, the applicant has to put in a lighter door or a
wrought iron fender in order for that mechanism to allow folks to enter and exit that
building. So, we are amenable to that change provided they provide solid fencing
adjacent to the gates and that was represented in the exhibit that the applicant provided
here. You can see they are doing solid fencing here, along with the entry of the gate, and,
then, the gate would be visible from the street. Other than the reduced buffer along the
west boundary, the modification to the DA that I presented to you and, of course, with
Planning and Zoning Commission's recommendation of denial, this will conclude my
presentation and I would stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions at this point?
Bird: Not at this time.
De Weerd: Mr. Zaremba?
Zaremba: Madam Mayor, if I may. You have mentioned the second access, which would
be off Chinden several times. Recently there was a storage unit project a little farther up
or down Chinden, depending on which way you say, but within maybe a mile or two of this
one and the discussion on that one was that the required second access would be an
emergency only access. I have not heard you use this word on this one. Is that going to
be -- is the intent for that to be a usable access or would it be an emergency only access?
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, that is the
intent, is that it would be in an emergency access only per the conditions of approval.
Zaremba: Okay. Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, what uses originally or under the original approval in C-N were allowed?
Parsons: Councilman Rountree, from the Planning and Zoning Commission -- Madam
Mayor and Councilman Rountree I don't have the exact list, but there is a couple of things
that set out in my mind what you're seeing on the concept plan or the plan this evening. In
the C-N zone currently the -- on the concept plan here this larger building shown here
depicts that space in the proposed storage facility here. Based on the C-N zone, neither
one of those uses would be allowed in the C-N zoning district. So, we need the C-C zone
in order for that to happen. But anything from medical office, retail, restaurants, those
types of uses, professional services, they could all happen in either district. The original
DA did not really specify specific uses on this property. It was pretty much the DA was
structured that it would be subject to what -- what was allowed in the zoning district at the
time that they annexed in. And so right now, as it currently sits, there is C-N. So, they are
allowed to do whatever is allowed in the C-N zoning district and I can look for the --
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April 7, 2015
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through this very quickly for you. Caleb provided this to me. So, it looks like animal care
facility, artist studio, arts and entertainment, recreational indoors. Outdoor facility would
be a conditional use in the C-N zone. It would be a permitted use in the C-C zone.
Building material, gardening equipment supplies, conditional use in the C-N zone.
Allowed use in the C-C zone. A church is a permitted use. Civic organizations,
conditional use in both zones. Gravel mining, conditional use in both zones. Education --
private and public education is principally permitted. Equipment rental, conditional use.
Fuel facility is conditional use in the C-N zone, permitted use in the C-C zone and that's
why we restricted that in the development agreement. We wanted to make sure and
minimize those impacts. Those seem to be the gist of it. Laundromat. Dry-cleaning. A
multi-family would be allowed in the C-C zone with a conditional use permit and it's not
allowed in the C-N zone, so --
Rountree: Thank you.
Parsons: So, it's pretty wide open.
De Weerd: Any other questions for staff at this time? Okay. Would the applicant like to
make comment? Gary, is this what your slide show will be?
Allen: Yes.
De Weerd: Okay. Well, we want to make sure that these are included, so that the
audience knows what was part of this.
Allen: Everybody get a copy? Thank you, Madam Mayor, Members the Council. My
name is Gary Allen. My address is 601 West Bannock in Boise with the Givens Pursley
law firm, representing the developer Oak Leaf Development. You have a choice tonight.
The easy thing to do would be to decide this application on emotions and politics. If you
do that you're going to deny the application and you will probably make most of the people
here go home happy. But the question we ask is if you deny the application will you make
Meridian a better city and will you do it in the real long term interest of this neighborhood.
You have -- next slide. Or can I work this? I'm sorry.
Parsons: Take the pen there and touch the screen.
Allen: This one?
Parsons: Just take the pen and touch the screen.
Allen: Oh. Okay. There we go. Oops. That turned into something else. How do I jump
to the next -- oh, I have to use that. Okay. All right. So, sorry about that. Technical
difficulties. So, you do have another choice. So, you can look at this project based on the
facts and we believe that the facts lead you to these conclusions. Number one, storage is
a good use in this location based on the large inventory of commercial properties in the
area and the desirability of placing storage near the residents who use it. Number two, a
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April 7, 2015
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storage facility and other uses in Jayker Village will provide a quiet buffer between
Spurwing Greens and Chinden Boulevard. Number three, the neighborhood will only
have a limited view of this facility and what they will see is attractive and well landscaped.
Number four, traffic is a nonissue. Number five, the storage facility will be safe and
secure based on the excellent security measures that are provided by Republic Storage.
Now, let me briefly introduce the project, the developer, and the storage facility owner
and, then, I'm going to discuss those points. So, Bill's been through this with you. We
have a -- this area of the project. This is the original plan for Jayker. This is the first
commercial element of the Tree Farm master plan that was approved about ten years
ago. So, as mentioned we have got C-N zoning for what's proposed to be rezoned C-C
and, then, R-15 zoning on the remainder of the parcel that's already in place. Your
Comprehensive Plan asks you to balance a variety of commercial and retail opportunities,
protecting the residential properties from incompatible development and requiring a site
design that's compatible with surrounding uses and we just want to note staff's opinion at
this point, this storage is an ideal transitional use from Chinden Boulevard into this
neighborhood. Bill showed you the site plan. It's a nice, clean plan. Well designed plan
that has the residential on the north, the office area in the east and, then, the storage area
tucked in behind it. So, we think that that's -- that's really a -- it's a well designed plan for
what we are trying to do. So, staff's analysis was that the project meets the requirements
for all needed permits and they recommended approval. Now, let's talk about the
neighborhood concerns here. A number of Spurwing Greens residents oppose this
development and they feel that a nearby self storage facility would detract from the
country club setting that they live in. They are concerned about this adversely affecting
their property values and they are concerned with traffic. Mr. Carnahan met with the
neighborhood three times and tried to address the neighbors' concerns, but the bottom
line is they are not interested in the storage use in any form in this location. Now, our
point is simply that the most affected neighbor is the developer himself. Not only is he
developing both the office and the residential parcels that are immediately adjacent, he's
also the owner of Jayker Nurseries to the west. This means that nobody cares more than
the developer that this development is an asset to its neighbors. So, for those of you who
don't know Doug Carnahan, he's the principal of Oak Leaf development. Doug and his
wife Meredith have made Meridian their primary home since 1985. Doug and Meredith
are sitting right here. For many years Doug ran the Boise division of Hewlett-Packard.
Meredith started Jayker Wholesale Nurseries in 1982 and this application is part of that
Jayker facility. The Carnahans and Jayker have made innumerable contributions to
Meridian over the decades, but this is relevant to this application only as a testimonial that
this developer and his family care deeply about this community and would only offer you a
project that they firmly believe makes Meridian a better place. Republic Storage is owned
by Jake and Stacy Smith. They own 17 Treasure Valley storage facilities and are also
very deeply engaged in your community. What has struck me about Republic is that
cleanliness, safety, and security are central to their business model, as it providing
services within the neighborhoods where they are located. In short, their business doesn't
work if they aren't good neighbors. So, let's talk about some of the questions that have
been raised about the storage facility. First, is there a need for storage here? What's the
facility's role as a buffer? What's the visual impact of this facility? What are the traffic
impacts? How does the facility affect neighborhood access and, then, will the facility be
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safe and secure. First looking at the need for storage. So, there is a strong national trend
to take self storage uses with residential customer bases out of industrial areas and put
them near the residences where they are serving, so there is convenient access for those
self storage users and this application follows that trend. The market demands storage in
this location more so than additional commercial and office uses, so the application
responds to that, and it's also -- storage is in keeping with the city's desire to have all the
uses that residents need within your city boundaries. So, as we will discuss more in a
minute, the storage facility is not going to harm property values and here is the question
we want to leave you with there is a need for self storage in north Meridian. So, if you're
not going to put it here where will you put it, because there aren't a lot of locations you're
going to find that are as good or certainly not better than this one. So, we asked that -- to
further this market discussion we asked Peter Oliver of Thornton Oliver Keller to prepare a
market analysis and addressing the demand for storage in this location compared to other
commercial uses. I know his letter is going to be hard to read here. It should be
elsewhere in your records, but I will point out some of the highlights. First of all, self
storage is critical for neighborhoods like Spurwing where the CC&Rs require people to
park in their garages, so they are not supposed to keep their stuff in their garages. Those
folks need a place to store their things and this is Peter's quote on that issue. And, then,
secondly, what we found is looking at the Linder self storage facility, which is in
Paramount that we just heard about, the storage facility itself has become a valuable
amenity for that facility and the surrounding neighborhoods benefit from that and as you
know Paramount has been one of the more successful neighborhoods in Meridian. And
we will take, you know, from our own experience, there are six lots that are across the
road by the pool house next to this property and they were put on the market and priced at
the high end of the range for this neighborhood. All sold within a week with two full price
offers and this was after those buyers were shown the plans for the Jayker Village
Subdivision. All right. Next. So, the second issue is that this development wouldn't work
with a larger office or commercial component, instead of storage. This has sat vacant for
this long for a reason and one of the reasons is that, you know, there is only so much
demand for office and commercial uses that can fit here. Peter's opinion is that this is
about the right -- that commercial office component is about the right size and that if there
were more commercial we don't think that the project could absorb it . So, storage is not
the most lucrative use from the owner's standpoint, so we have a strong incentive to
develop something with more -- with intense commercial uses, but the market just isn't
there. Looking at the potential -- or the -- the buffering potential here, you see that the
storage facilities is already a nice buffer for -- from Chinden to the residential
neighborhoods and, in addition, you have got about 400 feet of buffer in the residential
and office areas between the storage facility itself and the surrounding residences and, or
course, on the west that property is owned by Jayker, so they can provide appropriate
buffering there when they develop. Let's look now at the visual impact. Just to
summarize. This project is screened on all sides by landscaping and walls and various
other devices. It includes various -- varied attractive walls and six foot wainscoting on the
adjacent walls. It has a quality manager home that's matched to the pool house and will
have unobtrusive signage. So, that's -- you have seen what this looks like. Let's go
through that briefly again. You can see the landscaping and screening that's consistent
with the city's requirements here on Chinden. It's a combination of trees and shrubs,
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varied fencing materials or features to break up the walls and this is very much in keeping
with what -- what you will -- the city wants to see along Chinden Boulevard. If we go to
the next slide you see the north side and as Bill discussed, you have a strong landscaping
here, various heights of walls. Some of these walls are ten -- or 14 -- 12 and 14 -- even
16 feet high six foot wainscoting, varied heights, varied materials, windows, and, you
know, just a very attractive use and please remember this will be completely invisible to
the existing neighborhood once the R-15 area builds out. Then we look at the pool house.
Again, you have got the architectural style matching the adjacent pool house, strong
landscaping along here, six foot solid fences to match what's by the pool and a wrought
iron gate as the entrance to the storage facility. Now let's talk about traffic. From the
standpoint of the traffic agencies, first of all, traffic is a nonissue for this application. It
meets district policy for ACHD and even had too little impact for a traffic study. From
ITD's perspective no objection. The project will not generate more trips than anticipated
under the Comprehensive Plan. So, notwithstanding that, because traffic was a
significant concern of the neighborhood, the developer had Thompson Engineering
prepare a report comparing the possible uses that might go on this site, so he did a
residential option, an office option, and, then, a storage office residential mix that was
actually proposed. Bill, could you -- there we go. Pressed the wrong thing there. Okay.
So, if you look at a conservative residential opportunity -- option based on R-8 housing
you can see in the office portion it generates 847 trips a day. If you go to the overall it's
1,589 trips a day. Now, moving to the office -- or the storage portion, 1,180 trips a day
and 2,217 total. Then looking at what was actually proposed, you only got 461 trips under
the ITD manual for storage and 1,313 trips total. So, if you add all that up the traffic
agencies find traffic is insignificant. The Thompson study shows that this generates less
traffic than other uses and Republic did their own study based on actual usage of a
comparable facility and found that it only produced ten percent of the level of traffic that
the ITE manual would -- would expect. Plus having a close in location near the
residences that will use the storage facility reduces overall traffic on the road system. So,
we do want to point out that contrary to what some of the neighbors have said that Tree
Farm is not the only access to this property, that there is, in fact, a second access, which
it connects to Long Lake and Chinden as a gated access that all the residents have
access to in there and, then, as Bill pointed out there will be a -- there is a future access
on Black Cat as this area builds out. So, there is a minor traffic impact and there is
certainly adequate access for everyone here. From a safety and security standpoint there
is an on-site manager for this facility and it will be there 24/7, an advanced alarm system,
so when you key into the gate in this facility in notifies the manager you're there, it only
allows you to open your -- your own unit. An alarm goes off if any other unit is opened, so
if somebody jumps the gate or tries to get into somebody else's unit you can't do that. So,
this is proven effective. There have been virtually zero break ins in Republic facilities
since this was implemented several years ago and despite the concerns of neighbors
about meth labs, there has never been a meth lab in a Republic facility. I will be just a
moment here. Almost finished.
De Weerd: You do need to wrap up.
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Allen: I will. Yes, ma'am. So, as Bill mentioned, the conditions of approval are
acceptable, with a couple of minor changes that we mentioned that we believe the staff is
in agreement with and, in conclusion, we think this is an appropriate mixed use that
protects the neighborhood, is attractive and unobtrusive and we ask your approval with
the minor changes that the staff has recommended and with that I would take your
questions.
De Weerd: Thank you. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I do have a couple if I may. Thank you for the presentation. You mentioned
that there are a number of the residents who simply don't want to have a storage unit
there. Have they expressed to you what they would like to see there?
Allen: I probably will leave that to Mr. Carnahan for his testimony, unless you would like to
have him come up, because he has been present at those meetings. You know, I think
everybody wants a coffee shop or -- but you're own -- you can only do one coffee shop,
you can't do 16 acres of coffee shops and I think you might would probably be hearing
complaints about just any commercial use, because, you know, as we discussed the
traffic impacts would be much much higher for any type of commercial use than what we
are proposing. In fact, you know, it's going to be kind of dead on that 11 acres and so,
you know, there is not going to be a lot of opportunities for life that's going to make, you
know, restaurants or something else like that work in here.
Zaremba: Madam Mayor, a second unrelated question. I'm sure one of the issues that I
noticed about other storage units around is after they are in operation for a while they tend
to take on truck rental or trailer rental, like U-Haul places, and they store their trucks and
trailers visibly out in front of their -- their units and there are two or three of them around
town that I can think of now that are doing that. Is there anything in your CC&Rs or your --
whatever you would impose on the storage facility that they are not able to display rental
vehicles in their front parking lot or visible.
Allen: I have no information that anything like that is planned. We do have the storage
center owners here tonight and so, you know, if you think that's inappropriate, perhaps a
condition of approval would -- you know, could address that. Is anybody cringing here?
You're not going to do that. Okay. So, they are not going to do that. So, however you
want to address that.
Zaremba: Thank you.
Allen: Yes. Okay.
De Weerd: Okay. Council, any other questions at this point?
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Bird: I have none.
De Weerd: Councilman Zaremba, you got all your questions asked for now?
Zaremba: So far. Thank you. Yes.
De Weerd: Okay. Thank you. Okay. Thank you, Gary. I would ask Robert Newfeld.
He's a spokesperson for the subdivision, so he is allowed ten minutes. Thank you for
joining us. If you will, please, state your name and address for the record.
Newfeld: Thank you, Madam Mayor, Members of the City Council. My name is Robert
Newfeld. I reside at 3756 West Snow Cherry Court in the Spurwing Green development.
De Weerd: Thank you.
Newfeld: I also serve as the chairman of the Spurwing Green Homeowners Association
Advisory Committee. Tonight I'm here to talk to you about many items. You will also hear
from several of the residents in our community about our concerns and the reasons why
we believe that you should uphold the decision of the Planning and Zoning Commission
and deny the request for the Jayker Village Development, Action Items F, G, H and I on
your calendar this evening. First, I find it quite enlightening to sit in the audience and
listen to legal counsel for the proponent make some statements that bear absolutely zero
fact. We will tonight address those issues and, hopefully, we will be able to answer any
questions that you have. Following tonight's meeting we have gathered the signatures of
90 percent of all of the homeowners in Spurwing Greens. These homeowners are
opposed to the rezoning and to the conditional use permits. These signatures now
represent 191 of the 211 homes that are in the development and while we have had some
that declined to sign, they are only seven homes and represent only three percent of
those that would favor the project or had no opinion. That is a very significant minority. At
the Planning and Zoning Commission meeting, Mr. Carnahan placed into the public record
the following and I will quote directly from his remarks in the transcript, quote: The
country club image. This is a mixed use master planned facility. It is not a country club
community. That's great. I live there. I appreciate that it's turned out to be very nice.
That's great. End of quote. A bit later in his remarks he returned to the country club issue
with these remarks. Quote: We think we have an attractive option and it's just an image
thing that we are in a country club community. And if we had the slides up here now -- if I
can get to that, Bill. Go back to the -- can you get me to the very first slide, Bill, and, then,
I can start from there? We are almost there. Right here. Go back one. Right here. If
you will see the sign on the lower left potion of your screen there, you will see this very,
very clearly in the brown in the center below the pictures, a country club community. That
sign has been there for many years. I will also let you know that back in 2006 I believe --
I'm not sure of the exact date -- there was the groundbreaking for the new Spurwing
Green development. I believe Mayor Tammy was there as I recall. There were also
several of the developers from the community and several of the builders that were there.
I happened to be looking for a place to move at that particular time and that video and the
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vision that was shared by the Mayor, by the developers, and by the builders is one of the
reasons why I decided to move to Meridian and to the Spurwing Greens development.
The issue of saying that is not a country club facility is not a true statement. It is, in fact,
identified as this picture here and it is also identified by the fact that each and every
homeowner in the organization -- within the development, rather, pay an annual fee to
belong to the club at Spurwing. To me that makes it a country club community and I don't
think anybody can logically argue that that is not the case. During the issues that were
presented at the Planning and Zoning Commission we heard a lot of these concerns. We
understand the issues about traffic and we were educated. The traffic is not really
relevant -- of concern for the development of a storage facility there. This particular
facility, though, is more than just a storage facility. As you can see you have a request to
rezone and there would be additional residential in there and there would also be
commercial development. That development does add to the traffic. The fact that Mr.
Carnahan in his statements before the Planning and Zoning Commission and the
statements by Council tonight indicated that the traffic counts are very low from the
storage unit, but they are unusually high for the residential developments in there. Nine
point two trips per day for a residential development and I can tell as a resident and with
many of the people behind me here in attendance tonight that if you found anybody in that
development that makes 9.2 trips per day as part of the residential development, that that
is, again, an incorrect statement and that makes us question, then, whether the numbers
that are presented are actually correct to begin with. Tonight you will hear the neighbors
that will talk and many of them will speak against the project, but there are some who will
speak for the project. These people are our friends and our neighbors and we certainly
respect the right that they have to be able to make those kind of statements and to make
their position heard. But another statement that was made by legal counsel that is false is
nobody -- absolutely nobody in the Spurwing Greens development is against Mr.
Carnahan's development of that property. Everybody understands he has a property
right, he can delve that to the best use. The only thing that we are asking is that the use
that he presents for the community is one that is consistent with the standards that have
been established by the City of Meridian in their vision, excuse me, and also by the
developers. Back in the beginning of this the City of Meridian and Brighton did have a big
vision for Spurwing Greens and Brighton and all the builders who followed that plan have
made that dream come true. Now we have Mr. Carnahan who wishes to change that
vision. Not only of those of us who reside in Spurwing Greens, but many others
throughout the Treasure Valley look at Spurwing Greens as the premier development in
the Treasure Valley and do not want to see that image tarnished. Mr. Carnahan wants to
change that by building a storage facility that rightly belongs in a heavy commercial or
industrial area. At the March 5th Planning and Zoning Commission meeting
Commissioner Wilson stated as part of his remarks after the hearing that, quote: I don't
think that this reup in zoning makes any sense and I'm troubled by the fact that the
developer, you know, and the community have not been working together and I, too, have
serious issues with this. Well, to correct another false statement in the time that -- that
was stated that Mr. Carnahan has met three times with the public, twice was as a
requirement for the application that he had submitted, excuse me, to notify people within
300 feet of the project boundary and he met with them. We meet with him, though, as a
result of that comment by Commissioner Wilson on March the 28th. Ten of us sat down
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with Mr. Carnahan and I thanked him for meeting with us. We asked what can we do to
make this thing work and we were lectured to and we were told that we had no idea what
was good for the community. I found that to be reprehensible. The results of that meeting
were disappointing to say the least. We listened to Mr. Carnahan and now he is telling
you that he has a different message or different vision for what he is proposing for the
property. He also closed that meeting by saying that he would do whatever is necessary
to get this project approved. To us that shows that he is not really willing to work with the
residents to find a project that would fit in the neighborhood. Tonight we respectfully
request that our representatives, the Mayor, City Council of the City of Meridian, follow the
recommendation of your Planning and Zoning Commission and deny the RZ 15-003, PP
15-003, CUP 15-003 and MDA 15-001.
Thank you and I would be pleased to answer any questions you may have.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: You mentioned that you and the folks that you have been talking to will be
supportive of development that is essentially approved here by the existing zoning and
you heard a partial list of those kinds of activities, so --
Newfeld: Right.
Rountree: -- those are amenable to you -- you feel that you represent --
Newfeld: Absolutely, Mr. Rountree -- Councilman Rountree. If I may, if we could get --
one more time. They were here. I saw them before. Have a lot of pictures in here and I
apologize for this. Because people coming up, some of them will be using this as well.
I'm trying to find the pictures here that are part of the Paramount entrance and I don't -- do
not see them. I know they are in here. But when you drive off of Linder into the
Paramount development in through the commercial development that's there, I think that
that -- and I'm not speaking on behalf of every resident, but I think that I can honestly say
the majority of the people could deal with something like that of we had that type of
development proposed for that property up there or something that looked like that, very
attractive, would certainly be supported.
Rountree: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Newfeld: Oh. There we go. Thanks, Bill. Yeah. This -- something like this -- this is,
obviously, just the -- the entrance, but, here, something like this would be very, very
beneficial to improving the -- the image that would be presented as you enter into the
Spurwing Greens development. The single entrance is, obviously, an issue of concern.
The traffic counts we understand are something that could be questioned, but we are not
here to do that tonight, we are here to say we are not opposed to Mr. Carnahan
developing the property. We never have been. We want it to be consistent with the
community that we live in and something that would support the lifestyle that we all bought
into.
De Weerd: Mr. Cavener.
Cavener: Thank you for testifying tonight. A question I guess to your point about the
community standards. Do you feel the esthetics of the proposed project meet your
community standards?
Newfeld: I do not.
Cavener: Can you maybe give me some clarification as to the why not?
Newfeld: It was presented to us that the bedding -- the buildings, excuse me. The
buildings will be metal buildings. They are not the stone face that the -- even the north
side building that would be, quote, screened on there would have a metal backing. They
would not be something that is substantial. If you look at the project that was recently
approved by the Council and the Planning and Zoning Commission for the Citadel project,
they required a block wall all the way down on the Chinden side of that property down
there. Something like that in a colored block wall I think would be acceptable in the areas
where it actually faces out to where people would look at it from their homes.
Cavener: Appreciate it. Thank you.
Newfeld: Thank you.
De Weerd: Okay. Any other questions from Council?
Newfeld: Thank you very much, Mayor.
De Weerd: Thank you. Travis Hawks. Good evening. If you will, please, state your
name and address for the record.
Hawks: Travis -- excuse me. You guys could make some money by selling water I think
up here. It's been kind of a long night. Travis Hawks. 6828 North Sunset Maple Way in
Meridian. Madam Mayor and Members of the Council, appreciate the opportunity to
address you. As way of background, I have been a resident of Meridian for 19 years. I
have a business that I own that's in Meridian and I also employ 30 people who live in
Meridian and I have chosen to live and do business in Meridian because I am pro growth
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and I am pro business, pro growth, and I have appreciated the way in which Meridian has
grown and supported growth. That issue with this storage unit in this neighborhood is
simply one of it does not fit. My wife and I bought a lot in the Spurwing development
about three years ago and at the time we purchased that lot we checked on the zoning in
the surrounding areas to look at the type of projects that could come into the
neighborhood and certainly a storage unit was not a possibility based on the zoning at the
time we purchased the lot. For -- you know, the developer, had they wanted to put in a
storage unit they should have asked for that zoning originally. There is a lot of talk about
traffic and a lot of talk about traffic counts. I think it's important for the Council to
understand that the storage units are going to bring the wrong kind of traffic for our
neighborhood. It's going to bring RVs and boats and large trucks and moving vans and
trailers that are going to be passing next to a school bus stop and next to a community
pool and in a residential area with kids walking around. So, I could care less about the
number of cars or the traffic counts, I care for my family and my children about the boats
and the RVs and the trucks and the type of traffic. Simply put, it's not smart growth. It
does not fit in this neighborhood and I would just leave the Council to think about this, that
there is really no reason -- no compelling reason to go against the recommendation of the
Planning and Zoning Committee, no compelling reason to change the zoning in this area
and no compelling reason to bring this type of traffic into this neighborhood. Thank you.
De Weerd: Thank you. Okay. Jennifer -- I will not even try to mutilate your name.
Because I see it with O's and I see it with A's. So, I will just let you tell us what your last
name is.
Domiano: Thank you, Madam Mayor and Members. My last name is Domiano. Jennifer
Domiano.
De Weerd: I'm so glad I let you say it.
Domiano: No worries. Eleven years of marriage and I'm still working on it, so --
De Weerd: Thank you for joining us.
Domiano: I -- excuse me. I reside at 3656 West Red Jade Court in the Spurwing Greens
Estates. My husband and I bought a lot in 2013 and we built a custom home there. We
reside there with our nine year old son and our three year old son. When we originally
looked we had been in Idaho for ten years and we looked in Eagle, Boise, Meridian, to
find where we were going to build our home -- our dream home. My husband and I both
work full time and we wanted a great place to raise our children. A safe place. And so we
found Spurwing and we have loved it. We have invested everything to be able to live in
that neighborhood. Our children play outdoors every day and we will soon be using the
bus stop that's there within the subdivision. My concerns are that the traffic and the
individuals that will be using the entrance to our neighborhood, again, won't see our
children. I have seen the RVs and I have seen the trucks -- it's just not possible to see
little children on bicycles and scooters and walking and I'm concerned. I'm concerned for
our kids that use the pool that there is going to be an accident. It's evitable. So, that's
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where my husband and I's large concern is is for the safety of the kids that live in that
neighborhood. Thank you.
De Weerd: Thank you.
Domiano: Thank you.
De Weerd: Don Wyman. Good evening.
Wyman: Good evening, Mayor, Council Members. My name is Don Wyman. I live at
4304 West Highland Fall Drive in the Spurwing Greens development in the area that's
known as The Grove, which is directly north of this planned development. I come to you
today to address -- is this coming across? Okay.
De Weerd: Yes.
Wyman: To address the concerns that we have regarding the public safety. I'm sure that
storage units build safe and secure facilities for the people that you use them. However,
what I'm here to talk about is is the fire and hazardous exposure and potential in those
units. I'm a firefighter of 40 years. I have been on fires in storage units such as these that
have people living in them that can't afford a home, unfortunately. They jerry with the
electrical and they fall asleep smoking or they put a camp stove and it takes off in their
unit it, spreads to the next and the next one and before you have it you have half of one of
those long rows of buildings going. Well, when that happens, if everybody is honest and
lawful, there is not too much of a worry about having exposure to your citizens around the
storage unit and that's probably why they put them in industrial and heavy commercial
zoned areas. But what happens is those nice sofas that we store in there, they meet fire
and they produce smoke, they produce cyanide gas, depending on the materials they are
made out of. I have also been on fires where there were clandestine drug labs inside the
units, pot grows, and meth labs. Now, I'm a little concerned about Council's comment --
we never had a meth lab. LA probably thought at one point in time they never had a meth
lab. I would ask that you be proactive and take into a realm of possibility that what I have
just put before you can happen. It puts your city employees at risk, public works with the
runoff, it puts your firefighters at risk. It puts your police officers at risk. I mentioned this,
because staff didn't include any of these comments that I made to the planning division,
so I'm having to repeat them to you and the other thing -- police can't get in there, you
can't in there, I can't get in there, the 24/7 resident that lives on that property cannot get
into those storage units to inspect them on any kind of regular basis. So, once the person
leaves something in and pulls that door down and locks it shut, we have no way of
knowing what's going in there. The state doesn't provide for it and the city code doesn't
provide for it. I think that's something we, as not just Meridian, but as a state and as a
nation need to address. So, with those minor concerns, I would simply ask that you, the
Council and the Mayor, stand with that 300 and some people that have signed this petition
and deny the rezoning request. We don't have a problem with the neighborhood
commercial, because this can't go in under neighborhood commercial. But when you
change it to community commercial, it can go in and they can explore your electorate,
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your friends, neighbors, and possibly family that live in this area to what I have described
to you tonight. Thank you.
De Weerd: Thank you, Mr. Wyman. And I will assure you that these minutes are part of
the public record. All testimony that was given at the Planning and Zoning hearing has
been reviewed by this Council and it's also part of the public. So, it doesn't fall on deaf
ears.
Wyman: Okay. Great. I just wanted to make sure you got it, so --
De Weerd: Thank you.
Wyman: Thank you very much.
De Weerd: Gary Walker. Good evening. If you will, please, state your name and address
for the record.
Walker: Good evening. Gary Walker. I live at 6856 North Topaz Jewel Place in Meridian
in the Spurwing Greens Subdivision.
De Weerd: Thank you.
Walker: And I do want to second Mr. Hawks' statement you need water in this room.
De Weerd: There is a water fountain just right in the lobby.
Walker: I'm a retired sheriff's commander. I have handed you a copy of a document from
the Meridian Police Department. It was distributed by Sergeant Matt Parsons at our HOA
meeting on the 31st of March. It shows crime statistics from January 1, '14, to 12/31/14.
You can see that our subdivision had a total of three incidents. One break in, one DUI,
and one other offense. I suspect it must be a misdemeanor of some sort. Sergeant
Parsons stated that our area was the, quote, jewel of Meridian. He stated that our area
has probably less than one percent of the crimes of other subdivisions in Meridian. I don't
know if that's true or not, because I didn't see the other crime statistics. I would ask that
you not tarnish this jewel by allowing the change in zoning to allow a storage unit to be
built next door. In my experience as a commander I can recall incidents where storage
units were involved in housing meth labs and all the toxic materials that go with it, stolen
property from burglaries, robberies and thefts, and were utilized as an illegal transfer
point. No one really knows what's in a storage unit. Storage units are treated like a
home. An officer needs sufficient evidence to get a search warrant to enter a storage unit.
The units themselves are not inspected by the workers. Anyone, including crooks, can
store just about anything they want without question. I have two personal incidences
involving my family. My older son is a special agent for the FBI. He related to me an
incident recently where tens of thousands of gallons of gasoline, which was stolen, was
discovered in a storage unit. It was stashed there by an organized crime unit. I'm not
saying there is one here, but I'm just saying it exists. My oldest daughter had most of her
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household stolen and it was stashed in a storage unit. It took the better part of three
months, countless hours of personal investigative work, thousands of dollars in attorney's
fees and the help of a confidential informant to obtain a search warrant and a court order
to seize her own property. I would venture to say that not one of your police officers in
this jurisdiction knows exactly what is stored in a storage unit. I want to comment a little
bit about what the attorney stated earlier. I strongly object to what he said. He was
determining what was in the long term best interest of our community. I object to that
strongly. There are 308 residents who do not believe so and neither does the Planning
and Zoning Commission. He also stated that the entrance -- there is two entrances and I
believe that he's referring to the entrance that goes to the country club. It takes two gates
to go through there and if you look at the ACHD map there is no road that connects to
Spurwing Greens. It goes Balata and, then, it goes to two separate gates, through a golf
course. It is not a county road. I believe it's a private road. I would encourage you to
support the decision of your Planning and Zoning Commission and not allow the proposed
change to the zoning of the property in question. Thank you.
De Weerd: That was perfectly timed.
Walker: I timed -- I timed myself at home, but I had to add those two comments. It was
supposed to be two minutes and 50 seconds.
De Weerd: Well, we will give you that.
Walker: Thank you.
De Weerd: Thank you.
Walker: Any questions? Thank you for your time.
De Weerd: Larry Graham. Keith Allred. So, we will open it up to open testimony.
Bird: He's Larry.
De Weerd: Oh. Well -- okay. Larry, I just called your name. Come on up.
Graham: My name is Larry Graham. I live at 6824 North Tree Haven Way. And just a
couple of comments tonight. First off, there is going to be a lot of RVs in that storage
facility that's proposed. Most of the RVs will run approximately nine feet to 14 feet in
height. We were told at the last meeting, the Planning and Zoning Commission meeting
that we attended, that the north fence would be -- if I recall correctly, six foot in height.
So, the RVs are going to be stored underneath the covered overhead area and they will
be visible to the residents of Spurwing Greens and also in addition to that, there is safety
items involved. Almost all RVs have propane tanks. So, if there is a fire in any one of
those buildings and it spreads to the RVs, you can't manage the explosions that will occur
around that area and it will be a safety threat to the residents of Spurwing. As stated
earlier, that storage facility belongs in an industrial area. It doesn't belong in a residential
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area. The facility down the road, Citadel, does not have RV storage. You don't see RVs
from that facility, because they are not there, they are not permitted to go in there. That's
-- I'd just like to close. Thank you.
De Weerd: Thank you, Mr. Graham. I am going to call a five -- five minuteish break, so
all of you can get a drink of water and so can we. So, we will reconvene at 9:10.
(Recess.)
De Weerd: -- a few minutes break and we will reconvene. I will ask if Keith Allred is here.
Good evening. If you will, please, state your name and address for the record.
Allred: Keith Allred. 6811 North Topaz Jewel Place. When I was here last month
testifying I noted that these microphones needed to be higher. It hasn't happened so far.
I will do my giraffe impersonation here if I may. I have lived in Meridian for the last seven
and a half years. The first five years I was in the Lochsa Falls Subdivision and two and a
half years ago my wife and I moved to Spurwing Greens and so about six days a week I
travel on Chinden to Boise State University where I'm a faculty member and I would like
the record to note that data if it's tortured enough will confess to almost anything. I say
that to note that seven and a half years ago I could drive to Boise State University in 25
minutes. Now it takes me anywhere from 50 to 60 minutes and so when I hear Idaho
Department of Transportation and ACHD saying 20-26 is doing fine, some day Chinden
will be expanded, I really struggle with that kind of data, since I'm living it every day and
the fact that there is one entrance and one exit that hundreds of people are using now into
Spurwing Greens is a significant safety issue. Bainbridge is beginning to be developed
south of Chinden now and several hundred homes will be going in there. The same
intersection will be used by those folks and so to keep talking about how traffic isn't really
an issue is just disingenuous. It's a major issue regardless of what the numbers may
indicate. I think many of you have heard a statement attributed to Mark Twain and others,
which goes like this: I use data the way a drunk uses a lamp post. Not for illumination,
but for support. And you're hearing all kinds of data. Both sides on this issue have data.
Doesn't it remind you almost of a presidential debate? So, as much as it would be
convenient if this were a matter of just facts, it would probably have been solved before
now. There are more than just facts involved. There are ethical issues and the fact that
Chinden -- no one knows and no one will acknowledge when it may be expanded, it just
keeps getting kicked down the road, like our fearless leaders in Washington DC are doing.
So, whether the facts align exactly is almost a moot point. I'm asking you to consider
ethical issues of safety and welfare and well being for the community of Meridian as a
whole and not just Spurwing Greens. Thank you.
De Weerd: Thank you, Mr. Allred.
Allred: Questions?
De Weerd: No.
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Rountree: I just had one comment. You don't need to go to Washington DC to see
politicians kick transportation down the road.
Allred: Amen.
De Weerd: Yeah. I had to take a breath after that one. Helen Little. Pardon? You bet
you can. Sue Philman.
Philman: Madam Mayor and City Council Members, my name is Sue Philman. I live at
6550 North Lonicera Way in Spurwing Greens. My comments tonight are mostly going to
be specific to things I have been digging out of the city's own Comprehensive Plan and it's
really interesting the things that you can find in there. We are here tonight because as
homeowners we believe the Jayker Village Subdivision does not match the city's own
vision for the future and, then, that could harm our community. The city Comprehensive
Plan is a guide that balances the city's vision for the future with the concerns of the
neighboring properties, while also balancing the developer's visions and it's a huge
challenge, which is why we are all here again. So, when I look at this, one of the things
that comes up is quality of life. The plan states that land use decisions must sustain,
enhance, promote and protect elements that contribute to the livability and high quality of
life for all Meridian residents. We all want Meridian to be a premier place to live, work,
and to raise our families. There is nothing about building a storage facility within the
community of Spurwing Greens that enhances livability or high quality of life. We have
already heard it's a potential eye sore, but also brings the real probability of crime, fire
hazard, and traffic with oversize vehicles going by that swimming pool over and over.
One of the things I found in the plan this morning at 5:00 o'clock was that we need to
protect Meridian's self identity. Well, those of us here tonight want to protect the self
identity of our own community in Spurwing Greens. The second element is land use. The
Comprehensive Plan encourages compatible uses -- we have heard this before -- to
minimize conflicts and maximize use of land. There is nothing compatible about placing
this storage facility in a community. It just doesn't fit. The entrance to the new pool -- and
if you will look at -- we have got two maps here for you to look at. The one that's on the
screen now is the one that was filed with the application and I believe on the plans that
you have in front of you I have highlighted it in color and -- oops. The entrance is directly
across. The pool and the storage facility are directly across from each other and it's a
narrow road. So, you're going to have cars going by there daily. Going to the next one.
This gives a -- sort of a master view of the community and you can see where traffic
comes in through the only entrance on Tree Farm and to the left they would go to Tree
Haven -- I think I must be making that turn with the pen, so I'm going to put it down. So,
when you go left to the Jayker Village, the entrance to the subdivision for the storage
units is down there to the left and the pool is directly across from it. But the other issue is
trucks go all the way around and, then, they come back down through there, because it's
easier to turn. So, you're going to have traffic coming from both directions on a narrow
street where people are parked, because there is no parking -- very little parking at the
pool. So, one last comment and that is property rights. We don't dispute that he has the
right to develop at C-N, but when one party benefits and everybody else suffers, your own
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Comprehensive Plan says that's wrong. We ask you to, please, stand with the Planning
and Zoning Commission's decision and deny this application. Thank you.
De Weerd: Thank you. Do I have to tell you not to do that? Okay. Thank you. Steve
Hubble. Thank you for lasting this long. If you will, please, state your name and address
for the record.
Hubble: Yes. My name is Steve Hubble. I live at 6748 North Moondrummer Way in
Spurwing Greens. And, Madam Mayor and Members of the Council, I really appreciate
this opportunity. I'm going to express what I feel, not necessarily what everyone behind
me is saying, but just a little bit of experience. I'm retired. My wife and I decided that we
would move to Idaho about three and a half years ago from the cold east and enjoy this
mild climate and we did a lot of searching in the beginning for a subdivision. In fact, we
rented for about eight months and we searched from Boise and all the towns around,
including Meridian, and a lot of subdivisions and we selected Spurwing Greens and the
reason we did that is because -- after doing all the searching I decided to become a real
estate agent myself. It just made it easier and learned from real estate there is something
called a wow factor in the real estate industry and what I mean by that -- if an agent takes
a client in to look in a subdivision, they are always looking for that statement from a client
saying, wow, we love this subdivision or we love this house and, obviously, Spurwing
gave us that wow factor and we bought in there and after purchasing the home we
absolutely love it. We have some of the greatest neighbors you could ever want to have
and we plan on staying there and living there for the rest of our lives. At the time we
bought that -- when we looked at the entrance of Spurwing there were no large buildings
that had Republic Storage on it at the entrance at the front door of that subdivision and
there were no directional signs directing me to a storage unit. It was a very open and
pleasable look at a facility that as a subdivision we thought this would be the perfect place
to spend the rest of our lives. From a real estate perspective I know that our feeling at the
time we would have never bought if we had seen those things and I feel that there would
be others have that same impression. We know -- really feel that property values will be
impacted. Obviously, assessments of the current properties -- there have been 211
homes built in that subdivision in the last four years and we collectively as residents have
probably invested 75 million dollars of our life savings, many of us, to live in this
community. We consider it a premier community. Whether it's country club living or not
I'm not sure. I have got to speak quickly here. You, as a city, did a very smart thing when
you a few years ago elected to -- and gave a developer the permission to develop
Spurwing Greens. It was the right decision and you have done an excellent job. So,
tonight I don't always speak -- I speak for myself, so I feel like I have -- right now there are
316 that have signed the petition to deny this petition by the -- by the Oak Leaf
development project and I think they are behind me when I say we want to encourage this
Commission -- this Council today to do the same thing, to deny it and really preserve what
you envisioned in the beginning as to what a premier sub should look like from the
entrance right on through it. For me keep the wow factor going. Just not for Spurwing,
but for the City of Meridian as well. Thank you for your consideration.
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De Weerd: Thank you. Okay. At this point I'd like to say -- ask if anyone wants to testify?
Now, I will tell you that I have five sheets and I'm not going to read all of your names. So,
it is part of the public record, but I would invite you to come forward. This is part of the
public hearing.
Carnahan: I signed up just like you did.
De Weerd: Yes.
Carnahan: My name is Douglas Carnahan. I live at 7270 North Tree Haven Way in
Meridian.
De Weerd: Thank you.
Carnahan: I am the guy with the target on the back. We -- my wife and I live in the
community. I don't call it the Spurwing Greens community, because it's not only a
Spurwing Greens community, there are over 50 acres of other developments and
properties. My -- I live in a subdivision that's not Spurwing Greens and I think one of the
confusing things that people are dealing with -- it is not just Spurwing Greens, it's the
Jayker Village Subdivision. It's several other subdivisions that exist there. And so I just
wanted to get that clear, because I think there is some confusion on it. My wife and I
believe in the project. We think it best meets the needs of the community with the
proposed attractive design and we do think it's an attractive storage design. The storage
image will go away over time, just like it does in other communities. The position taken is
-- and in all the meetings I have had one thing is clear, we don't care what it looks like, we
don't care what benefit it is for life, all we care is that it has storage in the label and that
storage in the label is the whole reason we don't want it. Not appearance. I couldn't get
anybody to engage on appearance when I went to talk to them. I tried. I said can we
change something. Would not talk. The room was quiet. And so that's the issue. It's a
psychological issue totally to do with -- with image. I had some remarks that I was going
to make. I think it's going to be repetitive and we would be more efficient with our time if I
-- I don't repeat the benefits. I will repeat a couple of them. The benefits -- the benefit in
traffic. People keep talking about children. They talk about all these issues related to
traffic. That traffic causes. If you use the data from the Republic Storage, the 11 acres,
the traffic they will have at full build out computes to five homes. The equivalent of five
homes. If you use the ACHD information it equates to seven homes equivalent traffic. If
you use the national standards, which are probably too high for Boise, it's 50 homes. The
point is it is so substantial, the traffic benefit, that it's just a -- why people keep arguing I'm
just -- just kind of confused. But, at any rate, I wanted to make one other point and it has
to do totally with the -- the petition. I wanted to study the petition, because I didn't know
what was going on. Was this information I was sharing, was it really getting out to the
people? And the answer was it wasn't. And how did the petition run? What happened?
You can pull this up on your computer if you have access to the petition file. There was a
document in there.
De Weerd: Doug?
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Carnahan: Yeah.
De Weerd: Can I ask you to summarize?
Carnahan: Yeah. I will just make this last point.
De Weerd: Thank you.
Carnahan: There is a document in there that was a response to one of the people that
asked them to sign a petition and here is what was said. You absolutely have my
permission to add my name and address to your petition. I would be interested in learning
more about the monstrosity you speak of. That is how that petition has been sold. It's in
writing. You can look it up. E-mail was used. Knocking on doors was used. That's how
you got 300 and some odd signatures. People didn't know what they were signing. Look
it up, folks.
De Weerd: Council, any questions for Mr. Carnahan?
Bird: I have none.
De Weerd: No.
Carnahan: I made notes on a lot of questions and things that I could answer. Do you
want me to do that all later?
De Weerd: In the --
Carnahan: It's just answering questions that were raised.
De Weerd: Yes. That's part of the closing.
Carnahan: Okay.
De Weerd: Thank you.
Carnahan: Thank you.
De Weerd: If you will, please, state your name and address for the record.
Lattimer: Sandy Lattimer. I live on the corner of Tree Farm and Jayker Village, directly
across from that. What does make Meridian better than Middleton or Kuna or Nampa?
The same thing that makes Spurwing Greens better than Paramount or Bridgetower or La
Mirada. We have a great golf course. In fact, Spurwing Greens markets themselves as
being on the corner of exclusive and accessible. I looked at the plot before I bought my
house. I'm semi retired and I saved my whole life up to live this dream I bought in
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April 7, 2015
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Spurwing Greens. Nowhere on this plot does it show storage units. I looked at the
zoning. It's not permitted. Planning and Zoning says no. So, it's up to you guys to follow
through. As for my dream, my house is for sale, because I can't deal with it. So, there
goes my dream. But let me end by bringing up that paragon of logic, Mr. Spock. He said
in his brilliance the good of the many outweigh the good of the few. Thank you.
De Weerd: Okay. Ma'am in the back.
Hickey: Good evening.
De Weerd: Good evening.
Hickey: My name is Jan Hickey and my address is 4192 West Greenspire.
De Weerd: Thank you.
Hickey: And I just want to comment the attorney that opened with his comments
mentioned for you not to rule on emotion or politics, so I just want to state that my
comments will be neither based on emotion or politically driven, but more on just an
appreciation for the spirit of zoning best use and certainly preexisting zoning and I just
wanted to comment to you, Mr. Councilman, about your -- I really appreciated your
comments about the item that was up before with the Paramount Subdivision. They had
clearly planned out at least 12 years in advance what those -- what their development was
going to look like and so those apartments did not come as a big surprise to the people
that had purchased in those subdivisions that they have done. But this is different. I
mean we -- you can tell no one saw the storage units coming and, you know, I kind of
want to add that I have a -- have an Idaho real estate license and was focused more on
the commercial side and, then, went into some commercial banking and so I understand
that a lot of times land sellers will approach application for zoning changes when there is
contingencies on contracts. I don't know if that's the case with this, but I'm assuming
based on their presentation and I guess I just want to end by saying to just kind of keep
that in mind, that the -- the original intent is obvious, but was laid out and, you know, just
from talking to several of the neighbors they are not opposed, as the attorney said, to any
kind of commercial development, they are just opposed to storage units, which clearly
don't fall in the current zoning. Thank you.
De Weerd: Thank you. Yes, sir. Good evening. If you will, please, state your name and
address for the record.
Humphreys: Good evening. Glen Humphreys. I live at 6880 North Pyra Avenue,
Spurwing Greens.
De Weerd: Thank you.
Humphreys: I'm going to speak from experience. Spent just under 40 years in law
enforcement in California. I retired as an operations captain for a sheriff's office. I spent
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many years as a patrol officer and I know what attracts the criminal element. The
statistics that were displayed earlier about Spurwing Greens and how low the crime stats
are, that's for a reason, because of the residents who pay particular attention to what
comes and goes and it's also -- because right now we don't have anything to attract the
criminal element. We don't have any commercial. There is no building. There is no mini
storage. There is no items that people come to to commit those kinds of crimes. Granted,
there has been conversation about what you will find in a mini storage, but there is also
the element that comes to the mini storage, puts their stolen property inside and, then,
drives around to see what's around the area and what you're going to find is a golf course,
a high end residential area, which is going to attract a certain element. The other
commercial property, it's in the plan, we can't stop it. It's also going to attract more traffic
that is going to look to see what's in the area. I have stopped plenty of people who were
in the area for no purpose in other jurisdictions, other than looking for something. I don't
want them in Spurwing Greens looking for something to burglarize, because they were
there using the mini storage and I would ask that you also oppose approval of the
rezoning as the Planning Commission did. Thank you very much.
De Weerd: Thank you. Yes, ma'am. Good evening.
Klure: Madam Mayor and fellow Council Members, my name the Melinda Klure. My
address is 3752 West Magic Spruce Drive. I'm a homeowner of the Spurwing Greens
residential community. I oppose the application for the use permit, which would allow the
construction of a storage facility near Tree Farm and Chinden. I have three points I would
like to make. At the last Planning and Zoning meeting an Oak Leaf developer's
representative stated that the traffic would not have an impact on our neighborhood. The
statement is simply not true. The type of traffic created by this facility is not compatible
with residential use and would impact our community's livability. Instead of local cars and
trucks traveling on our streets that are paying attention to children and all the other people
that use the space for walking, it will be nonresidents driving large vehicles, pulling trailers
and boats and driving their RVs in and around our narrow streets. The streets in our
neighborhood were not designed for that kind of traffic, especially since the entrance of
the storage unit is directly located across the street from where our swimming pool is. It
was also stated that we are a multi-use neighborhood, which is true. However, we are
also a country club neighborhood. According to our CC&Rs we are required to pay dues
to Spurwing Country Club as social members, with the opportunity to join as golf
members. Putting in industrial storage units will greatly diminish the value of our property
and how we live in the community. There is no way the units can be built to disguise their
use as proposed by the developer. And as an aside, I did notice on their -- their plan that
they have these beautifully large trees and plants and said that we won't notice. I would
like to know how many years it's going take for those plants to mature in which to
completely cover what is being built. My third point concerns safety for our neighbors.
We had the police officer, which you have heard about, come and speak at our HOA
meeting last week. He stated that there is no crime rate to speak of in Spurwing Greens,
because we know our neighbors and we know who is coming and going. When you have
people who do not live here driving through our streets with full access to our community
and no accountability for its safety, we lose the ability to monitor local traffic and help
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insure a safe community. In short, this proposed use is not compatible with the existing
residential community and contrary or our Mayor's stated desire to maintain safe
neighborhoods in an attractive and sustainable environment. I respectfully urge you to
decline using -- issuing the requested use permit. Thank you.
De Weerd: Thank you. Yes, ma'am, in the back. Good evening.
Lee: Hi. My name is Sharon Lee. I live at 6832 North Topaz Jewel Place in Meridian.
Spurwing Greens.
De Weerd: Thank you.
Lee: I represent two areas and I am a consumer of storage units, so I come from that
experience and I am opposed to the rezoning. First, I work in the healthcare industry,
which I have had the honor of having the Mayor through and showing her our facility. We
use storage. I am the administrator there and I get the calls when the locks have been cut
off our storage unit. This has happened multiple times and in those times -- this is in a
residential area -- this particular area where the storage is. My other is from an owner of a
construction business and I will tell you that the majority of the folks in Spurwing
Subdivision do not need a storage unit. We have three to five car garages and most of
our hobbies are located in there. What you will get is my husband's construction company
in there. It's close to where all your new developments are going out on Chinden and we
make money by using less gas. So, I will store my concrete chemicals in there and my
trucks will go in and out and as the owner of this I will get the calls when we broke the
curbs when we run over stuff and this will happen, because it's already happening in our
subdivision. So, I am opposed to this and it's from a consumer point and as an owner in
this subdivision. Thank you.
De Weerd: Thank you. Sir.
Welch: Thank you, Madam Mayor and Council persons. My name is Major Wendell
Welch, 96 Air Force retired. I came to Meridian as a last assignment down in Mountain
Home and just recently my second crew where I work with the Bureau of Land
Management, in particular with the National Wildfire Coordinating Group, doing distance
learning for wild land fire training. Last year and this year we have trained over online
information about wild land fire training over 15,000 folks, because we are getting ready
for a season that could be -- well, you know, you have been here long enough. I also
am the principal trombonist with the Meridian Symphony Orchestra and now I look forward
to a performing arts facility in Meridian someday and I also invite you to our performance
on April 25th, we have our young artist concert and you will hear amazing playing while
we are at the Centennial Performing Arts Center and I also serve as an elder with the
Linder Road Church of Christ. So, I'm involved in this community and when the -- my wife
and I started searching all over this area for a new home we kept going back to Spurwing
Greens. We tried not to. We tried not to go back, but we would look in other areas and
we would say let's go back to Spurwing Greens and we would drive by and, then, we
would look at each other and say do you think we will ever live here? And while our
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house was being built we kept saying do you think we will ever live here? I have pictures
of it going up. It's a wonderful place and on March 14th, my wife's birthday, we signed the
papers for that house. And so I tell her I bought her a birthday -- or a birthday gift of a
house. Now, the next year she only got flowers. But I bought her a house in a country
club community, because it says so when I moved in and at that time it was not near or
next to a storage facility, nor was there any known intention of building one. We have
been very involved in Meridian. I am an empty nester, which, just think about it, I'm
downsizing and I got a 1,000 square foot garage. I got plenty of room and I also use it as
my office for my study. I practice my trombone in it. No one can hear me. My wife
doesn’t know what I'm doing when I'm practicing, because she's asleep. I also wanted to
make a point that I -- when I -- I do research. Have been for over -- in my job when I was
in the Air Force and now. I do research and I look through all the information that I can
get and I always use the best scenario to support my point of view and, you know what, I
usually win, because the scenarios are way better than the actual outcome. So, I
encourage you to deny this rezone. Thank you.
De Weerd: Thank you.
Howell: Thank you. My name is John Howell. I live at 6562 West Lonicera Way and kind
of adding onto some -- all the comments that have been said before. Traffic that's been
said a lot. Yeah, there is traffic. The big thing about traffic is the type of traffic, not the
quantity of traffic I think people are concerned about. The initial briefing talked about --
my concern is the compatibility of this plan with the -- with the subdivision. The initial
briefing talked about there is a considerable amount of storage that exists -- or storage
requirement. I think that there is probably a considerable amount of storage already
available in the Meridian area and I'm -- that's just an off-the-cuff comment from there.
We talked about signage and the security of the facility. On the display there was no
indication of signage on -- on the building that they -- on the drawings that they showed.
Security of the building -- security being -- security system of the Republic area, my
thought there is the Republic areas that I'm familiar with when I drive up and down
Chinden have concertina wire around them and -- and the view there and that just, in my
mind, just does not fit in with the atmosphere with the environment that we are in here.
That step may or may not be what is envisioned with this development -- with this plan,
but that's what's in my mind from driving up and down and seeing the other Republic
Storage area. So, lastly, if there is not really enough demand to fill up the current C-N
storage, one option -- possible option would be to explain the residential option and put in
something like patio homes or something along those lines for -- to complete that
development area. Thank you.
De Weerd: Thank you. Okay. Any further testimony? Oh. Mr. Turnbull.
Turnbull: Madam Mayor, Members of the Council, I generally endeavor to stay out of
applications by other developers. Oftentimes it's nonproductive or counterproductive. I
mostly came here and to the Planning and Zoning Commission meeting to defend my
reputation, if necessary. Now, I would say I have known Doug Carnahan for a number of
years. He used to be a tenant in one of my buildings when he was turning out lots of laser
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printers and so forth at HP and Gary Allen is a pretty decent attorney. He actually
represents us in a lot of applications and he --
Rountree: But he is an attorney.
Turnbull: He's a very fine attorney. You know, when -- I will just -- the reason I have
come here is because when this application first hit the -- you know, the neighborhood
meetings we got a tremendous number of calls. You know, Brighton, along with Chris
Anderson, we are the -- basically, the board of the homeowners association and the
homeowners wanted us to take a position. As I stated previously we find it sort of
counterproductive to do that as a developer, so we just yielded that to the advisory
committee, which we formed. Now, we keep control of our subdivisions until we are done
with them and oftentimes maintain them after the fact on benefit -- for the benefit of the
homeowners, because we think we do a pretty good job of that. But left that to the
advisory committee and what they have organized here is what you have seen is a result
of that and so I was warned, though, that many people were upset with us, because they
thought that we owned that property, that we had something to do with the application,
and as much as we tried to dispel those rumors it didn't seem to work, but -- so, I just
came here more or less to defend myself if somebody blamed us for whatever and I didn't
hear any of that and, actually, what I heard was I think we have been doing a pretty good
job. But, then, Gary Allen introduced a letter for Peter Oliver, who used to be a partner of
mine, talking about the comparison between Paramount and this application. We did do a
storage unit in Paramount. It's about half this size. Paramount is roughly four or five
times the size of Spurwing Greens. There is no outdoor storage. It is in a C-G zone. It
didn't require a rezone. It shares a commercial collector access and so, you know, as
much as you want -- if you want to bring those comparisons in they are really not
applicable. It's an inept comparison. I'm not able to comment on this particular
application, but that's just -- I just didn't want that comparison to stand. I think that -- then
one of the residents got up and compared Spurwing Greens to Paramount and saying one
is better than the other. I think they are both great. Paramount is a different type of
community. Totally different type of community. W e recognize that. We marketed it as
such. It happens to be the best selling community in Idaho and we are pretty proud of
that. So, that's all I had to say. I just wanted to clarify that for the record if you have any
questions I would be happy to answer them as well.
De Weerd: Good timing on that.
Rountree: Thank you, David.
De Weerd: Any comments?
Cavener: Just maybe a quick question and maybe this is a better question for the
advisory committee, but in -- in Spurwing Greens, the CC&Rs, does it specifically ban
recreation vehicles, trailers with four wheelers or snowmobiles, those types of things?
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Turnbull: There are limitations on what you park, where you can park, what kind of
garages you can have. You have probably seen other neighborhoods in the area that
have turned big overwhelming RV garages on small lots. I call them quasi-residential
industrial zones. You know, they -- they start to look awful and we -- we are very, very ,
very careful with our architectural control. You know, we do allow some larger doors that
maybe you could pull a boat into, but you're required to park your vehicles in the garage.
You're not supposed to use your garages for storage that would prevent you from parking
the number of vehicles you plan to keep. So, we have marked this as a country club
neighborhood. That's what it is. All of our residents pay into lifestyle membership for the
country club and -- so, anyway, I'm not here to comment specifically on that, but --
Cavener: Appreciate your clarification on that. Thank you.
De Weerd: Thank you. Lynn Southam.
Southam: Madam Mayor, Council Members, my name is Lynn Southam. I live at 6408
North Salvia Way, Spurwing Greens. We moved here a year ago with my wife. We had
been attracted here like approximately 60 to 65 percent of the people in that development
from out of state, because this place is known out of state for what is it. Meridian is an
exemplary community and this particular area is premium. It is special. Most of us have
not had houses like this until we have been able to retire and put things together and we
simply want you to protect what we have worked for all of our lives and what was
represented to us. There was representation made by counsel today about a number of
things. I'm also an attorney. I'm retired. So, there is a doctrine called burden of proof and
there is also something that happens in the law where straw men are set up and all of
these irrelevant things get thrown at us that hopefully will take us away from the real
issues. I will simply say that if we make the wrong assumptions we will come to the wrong
conclusions. Therefore, I'm going to go very quickly -- and I hope you can bear with me.
We were told that after the last hearing before the Planning and Zoning Committee there
was a traffic study done by Thompson Engineering. If you look at that it was dated a
month before that hearing ever took place. It doesn't give any specifics as to what actual
traffic count is, it simply uses the word estimate. It is not fact. Secondly, the artwork that
was presented by counsel showing what these units look like, did not show any of the
large signs that you will see in the photographs that are here for Republic Storage, nor
does it show the end of the buildings with the huge Republic Storage signs on them.
Furthermore, when you look at the trees -- someone has already mentioned them. It
shows them fully grown. Well, they are not fully grown. And, frankly, the leaves that you
see on them are not going to be there six months out of the year. You know what
happens here when the cold weather comes. People driving up and down Chinden will
see those units and when you look at the artwork you don't see the side view, you see the
end views. But if you look at the photographs that have been given to you, you will see
what those buildings look like. Republic Storage facilities are Republic Storage facilities
regardless of what they are made of in terms of the color of the metal. I would also like to
suggest to you that the zoning is something that all of us have relied upon. You have
relied upon it. Mr. Carnahan has. He knew what it was. This is not anything new to him
that this is C-N. Why would he think to change it now? None of us have asked to change
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it. So, let's play the democratic process and take a vote. I will just ask those who are
here who are against --
De Weerd: No. Please don't.
Southam: You can't do that? Well, let me illustrate it for you, then.
De Weerd: We already got the hint.
Southam: Okay. There is 300 people who have signed a petition against this. There is
one man who says do this. That has to count for something. I would suggest to you that
if we wanted to have an industrial facility in our neighborhood we would have moved to
that kind of neighborhood. I would suggest to you a rhetorical question, which we do in
the law. How many of you would buy a home next to an industrial storage facility? I
would suggest, as I get ready to close here, then, that there are some things that we
would hope that you would suggest. When you look at those drawings and the artwork,
the scale of the fence is not in proportion to the actual size of the buildings. That's a little
bit of a disillusionment on my part to see that. Also we were told that six of the lots were
sold for full value. Yeah. They were sold to a builder, not to private landowners. Not to
people building their own homes. Put all of it in perspective, make the right assumptions,
come to the right conclusions, deny the petition. Thank you.
De Weerd: Thank you. Okay. Mr. Allen, are you going to wrap this up or Mr. Carnahan?
Yes.
Allen: Thank you, Madam Mayor, Members of the Council. Gary Allen. 601 West
Bannock in Boise. One thing is very clear from tonight's testimony and that's that the
people who live in Spurwing Greens love their neighborhood and that -- that's a great
thing and that's -- that's important and that's the basis for a quality community. So, we
appreciate that and we want to remind everyone that Mr. Carnahan has a property right
next to the -- that he's operated a wholesale -- a business there for over 30 years. So, he
in invested in this neighborhood as well. So, this isn't just a -- you know, this is -- this is a
bunch of people who all care about this neighborhood and they are trying to do the best
thing for it. Yes, Tree Farm had a nice commercial node that was set forth for this area.
Well, what's very clear now is that, you know, with that and other things that are available
along Chinden, there is too much commercial property. So, you know, Mr. Oliver's opinion
-- and we have no reason to doubt this -- is that there is no reasonable basis to think that
you're going to be able to fill up all of that commercial property with the type of uses that
people would like to see. It would be much more lucrative for Mr. Carnahan if he could
put the type of office and commercial buildings that the neighbors were showing in this
development and fill that entire 16 acres with it. But that's simply not -- not realistic at this
point. So, what do you do at that point? Can you put in residential in an area like that?
Well, I think that, you know, what anybody will tell you is the closer you get to a road like
Chinden the more difficult it's going to be for -- to put in residential properties, the less
they are going to be worth, the more they are going be a problem for the neighborhood.
So, that's not a viable option and that is why you had a buffer area along Chinden in the
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original plan. So, it still comes back to what do you do and the only thing that we have
found that is a viable use there is the storage use and we recognize that's not a desirable
use from the standpoint of this neighborhood. But if you look at that site plan it is almost
one hundred percent blocked from the neighborhood. So, it's behind all of those acres of
R-15 development, behind five acres of commercial development. The only thing you see
is a well landscaped entrance with a home and a gate and -- you know. So, we think that
that's gone an awfully long ways to -- to limiting those -- those visual concerns that people
have. Otherwise, what we heard over and over again from the neighbors is simply, you
know, there is a taint with this use. They have bad perceptions in their minds about --
about what storage units are like and, you know, what Republic plans to do here and what
they have done in other places is -- obviously, you have to hit the highest level you
possibly can with a storage facility here. So, it's a very high quality design. It's -- you
know, the best, you know, type of building materials and things that you can do with this
type of facility and the best safety -- the best safety practices that you can possibly use.
So, they know that the bar has to be high and I think this one of those things that once it
goes in it's -- it's, essentially, going to disappear within this neighborhood. It's a tiny little
entrance within here and, you know, I think that it's -- it's something -- it's one of those
things that everybody is thinking about it now, because we are talking about it, but if you're
living with it we don't think that they are going to see it. You know, you hear a traffic count
of possibly as low as 40 something trips a day is what Republic is experiencing in their
facilities. Even if those are trucks they are -- you know, that's a few trucks an hour -- or a
few trips an hour and, you know, I'm sure some of them are trucks. There would be RV
storage and things in here, but that's not the bulk of what's happening. A lot of people are
just coming in in their regular vehicles, like anything else. So, again, the question to you
tonight is what's going to fill that hole if it's not going to be a storage facility? I think you're
going to be waiting a while to come back for this piece of property or you could have it
productively on the tax rolls and performing a useful service for you community. So, I
don't want to take up anymore time than that. I want to save a little time for Doug. So,
Doug, do you have a few things to say?
Carnahan: Again, my name is Doug Carnahan and I live at 7270 North Tree Haven
Place. I just made a lot of little notes that are just kind of small things and, then, I will say
big things about the use. These are going to be real quick. There is a severe compliance
problem with parking in driveways in the community and storage is a need. People
laughed about club access. I confirmed with the club every one of those members has
the code who can get in. If they can ever get connected into the remote they have
access. I don't know why they see it as an issue. The one gate opens automatically and
they can use it. I'm confused about that one. The six lots were not all sold to builders.
So, these are kind of small ones. But let's talk about the use for a minute. That's my --
my issue. And in all fairness, we did talk about use with the homeowners and they said
residential. They also said commercial would be good uses. So, if we took half of that
and let's say could make half of it commercial and half of it residential, there might be a
plan that works like that. All I want to make sure people do understand, because we will
probably end up having a discussion like this again. We could put -- it's R-15. We could
put multiple hundreds of homes in that area and that -- that would be the outcome. We
did this plan because it met some of these other goals of demand and the traffic problem.
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So, that's the thing that we are having to face off with and we could do it. We would
probably make more money selling it that way than selling it as a storage facility. But, you
know, it's -- that's the issue we are going to be faced with. All right. Any other questions
for me?
De Weerd: Council -- is --
Allen: I don't have anything to add.
De Weerd: Okay. Council, do you have any questions for -- for Mr. Carnahan and Mr.
Allen?
Bird: I have none.
De Weerd: Thank you.
Carnahan: Thank you.
De Weerd: Okay. Council, any further questions for any of those that testified, the staff,
or the applicant?
Rountree: Madam Mayor, just to kind of go back in history, because we have had a lot of
history tonight, so -- that's the one right there. When this whole area came to us it was
conceptual. It was a bubble plan. It was kind of a first for the Council and we were
uneasy with it, because of the possibility of -- for lack of a better term -- bait and switch.
But we went with it and as the property was slowly annexed into the city you got -- what
the next slide will show, the zoning that actually occurred and in both of these it went
through a public process and it's always been conceptual in that area, that piece of
property, is going to be good for the community and that question was asked of me,
what's going to be good for the community? This has been through a public process
several times and the community, the applicant, the owners -- yeah, commercial
neighborhood. That's going to be good for the community. That's what it is. That's what
it is today. I do not see that the request to change the zoning to C-C to accommodate this
particular application is necessarily the best for the community. Obviously the neighbors
don't believe so. There is 300 and some customers that may or may not use this facility if
it were to -- to go in, so I'm not sure who that's going to be best for. So, that's kind of
where I am. There has been a lot of reasons generated for -- for not doing this, but in my
mind my position is we have lived through this process to get where we are a number of
years and a number of times and the opportunity to say that's going to be a high rise motel
or whatever have past. The storage units, that's past. I personally believe that the C-N is
probably a good zoning. I don't believe up scaling it or downscaling it, however you want
to look at a C-C, is going to -- to make it better for the community. So, that's where I am.
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor, if I may -- if I may turn my microphone on.
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April 7, 2015
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Rountree: Please do.
Zaremba: Thank you, Madam Mayor. One of the parts of our job is managing
expectations and there are expectations about neighborhoods when people move into
them and I ask myself is there a difference between this and the application before us that
you all sat through as well. If those people did their due diligence they learned what the
zones -- the part of the application that was before us wasn't really changing the zones, it
changed the shape of the two zones that already existed, but anybody that did their due
diligence could have known what was intended for that corner and our agreement that the
shapes of those two zones could change didn't really change the nature of that area. I
see this application as different. As Councilman Rountree pointed out, we have been
through this many times and C-N seems to be the appropriate thing for this area. Those
of you who did your due diligence before you bought your property expected that to be a
C-N. Now, what can go into a C-N varies and I don't think the city has a problem with
what can go into C-N. You all have said by buying property there that you don't have a
problem with what could go into C-N and I do see the difference between -- they are both
called a rezone, but this is a change of zone, as opposed to a reordering of it and my
opinion would be that I don't support the rezone.
De Weerd: Any other comments from Council?
Cavener: I will be brief, because I know the night is getting long. This is -- this is -- to
quote my grandpa, it's been a real humdinger for me, you know. I respect, you know,
property owner's rights and I also respect -- quite frankly, you know -- somebody asked
the question would you want this next to your home. Personally, I wouldn't mind that. I
think they have put together a great project, something that I think esthetically would look
nice. The challenge for me is -- is what you as homeowners have said is important to you
and your community, specifically related to safety and so you -- you sit here and you go
back and forth and you don't want to paint with a brush broad strokes and for me the thing
that I keep coming back to is that you as a community said that recreational vehicles,
boats, four wheelers, those things are something that's part of our community, in part
because of safety element and it's a challenge to open that Pandora's Box and say, well,
it's okay if you participate in storing those products there and so I sit here and say, okay, I
can see this side, I can see this side, and what I come to is -- and I think one of the -- I
have heard from so many attorneys tonight my head is going to spin. But one of the
attorneys talked about burden of proof and it's a challenge for me to say that there has
been enough evidence shown that the benefits to make the change. You guys have
demonstrated it is important to our community and you don't want it changed and -- well, I
don't mind it. I respect you as residents say this is important to us. So, like the two
Councilmen who much more eloquently spoke before me, I have to say I agree in denying
of this.
Rountree: And that is a humdinger.
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April 7, 2015
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De Weerd: I was just going to say when you started with humdinger that that does set the
tone.
Rountree: That would be a first being a new Council person.
De Weerd: I want to just make a remark. I agree with what the Council Member said that
one of the things that disturbed me was Mr. Carnahan standing up and saying he had a
target on his back. I can't think of -- of two people that are better than the Carnahans.
They have been a valuable member of this community in getting trees to our parks and
our golf course and supporting nonprofits and -- in fact, I think I went to their house when
they opened it up to botanical garden tour and, you know, the visual -- I believe they could
probably achieve that, because that's the kind of people they are. With that said, I
disagree with Mr. Allen that it's going to disappear. It may disappear on the neighborhood
side when you put stuff in front of, but you drive by it to get into a subdivision every time
and I agree with the neighbors, this is a premier neighborhood. The same thing that the
Carnahans had a vision for -- they were part of Tree Farm, they have been a part of
Spurwing Greens. They want what's best for this community as well. Different visions.
The neighbors did their homework. I agree with -- is it the best use, no. Is it compatible?
Not for the premier community that it is. Does that mean that storage units don't belong
near subdivisions? I don't agree with that. We do have it by subdivisions, but they
generally are before the homes so they know what they are buying by and they buy it
because that's important to them. They can store their toys and have the confidence of it
being well kept. I also liked what was -- was said that it's not necessarily the traffic, it's the
wrong kind of traffic and when someone mentioned that in order for the -- the boats or the
RVs to make that corner and that -- you might have to go around and come back, that
made sense. That would have disturbed me, too. I just want to tell the Carnahans you do
not have a target on your back. You had neighbors that disagreed with this development
and that's when the emotion comes in and I don't think that -- we hear emotion almost
every week. We look for the right arguments and you have had very solid arguments that
I think has convinced this Council up here and we appreciate that for the most part you
have been well respectable and behaved. But I just think that we will find the right thing
and I encourage you, Doug and Meredith, to work with your neighbors and find what can
benefit you and the community as a whole and I just want to thank you for your
involvement in the community and your generosity and -- and whether you have a target
or not, I still really like you. So, Council, any other discussion? If not, I would entertain a
motion. Because I can't make it.
Bird: We have got to close the public hearings. I will close the public hearings.
De Weerd: I would entertain that motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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Bird: I move we close the public hearings on RZ 15-003, PP 15-003, CUP 15-003, and
MDA 15-001.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 9-F, G , H
and I. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Rountree: Madam Mayor?
Bird: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I just had a question, Madam Mayor. Based on the anticipated motion that if --
if that's a denial, do -- is it moot for G, H and I or is there action required on those as well?
Nary: Madam Mayor, Members of the Council, you still need to take action on the other
three. The basis of those -- if there were to be a denial on Item F, the basis of denial on
the other three is because you haven't granted the rezone.
Rountree: Okay. Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we deny the request for the rezone in Item 9-F for RZ 15-003
based on the reasons stated by Council.
Bird: Second.
De Weerd: I have a motion and a second. I think there was a discussion -- probably Mr.
Attorney has that basis. Okay. Any discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Item 9-G.
Rountree: Madam Mayor?
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De Weerd: Mr. Rountree.
Rountree: I move that we do not approve the preliminary plat for Item 9-G, PP 15-003.
Bird: Second.
De Weerd: I have a motion and a second to deny Item 9-G. Any discussion from
Council? Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Item 9-H.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we do not approve the conditional use permit PP -- or 15-003.
Bird: Second.
De Weerd: I have a motion and a second to do not approve --
Rountree: Yes.
De Weerd: -- 9-H. Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: 9-I.
Rountree: 9-I. Madam Mayor, I move that we do not approve the requested amended
development agreement, 15-001.
Bird: Second.
De Weerd: I have a motion and a second to deny Item 9-I. Madam Clerk.
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Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Thank you all. Item 10-A is under Department Reports. I will turn this over --
Caleb, why don't we just take a quick break and -- I won't recess this, but I'm just going
to --
(Pause.)
Item 10: Department Reports
A. Community Development: Review and Approve City Roadway,
Intersection and Community Program Project Priorities for 2015
De Weerd: Okay. Item 10-A. I will -- I will turn this over to Caleb.
Hood: Thank you, Madam Mayor, Members of the Council. This item has actually been
moved to this -- this agenda item. We discussed on March 17th the city's priority project
lists for 2015. At -- near the end of that meeting on the 17th it was requested that I put
together a draft cover letter or our priorities, as well as the top 15, top 20 project rankings.
So, you have not seen the top 20 -- top 15 yet. It's actually 15 and, then, there is the next
roadways, the next five intersections, if you would want to change these, but as we
discussed last time, it's the top ten, the 15 projects, that really carry any points or weight
with ACHD in their prioritization process. So, these are the most important ones. In the
packet you also have, again, the cover letter and all of the lists that we discussed -- what
was that, three weeks ago. The only change I have made to the list thus far -- and I didn't
really receive much feedback last time, so if there is any other changes, please, share
them. Just as a quick refresher -- I can't remember if Councilman Borton was here last
time or not. It seems like we had somebody absent anyways. But the yellow highlighted
projects are projects that either moved up or down five position points from last year that
you all approved at the recommendation of the transportation commission. So, on the far
left-hand column is their rank. The only change I have made was -- I heard from the
Mayor last time about the Rail With Trail project. She didn't give me an exact number, but
commented it was somewhere around 20. She asked that it be moved up. I moved it up
to five and, in fact, I just flip-flopped it with another project, the Locust Grove, McMillan to
Chinden, project. This one is a pretty small project. It is under construction. We are
actually working with ACHD right now on their project team, setting design -- it will
probably move forward. I think moving it back ten or 15 spots isn't going to hurt it any. It
will probably move forward again. It's only a couple hundred feet of sidewalk. An
important project still, but just for simplicity, it was pretty easy for me to just flip-flop them.
So, other than that, the lists are, again, what you have seen before. I'm not going to read
the letter to you, but on the second page of my memo in the packet is the letter. I did
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discuss briefly today with Councilman Rountree some changes potentially to paragraph
four. I'd like to just read to you what I drafted over the past three and a half, four hours, or
however long we have been here not -- as a change to that paragraph four. This really
was an effort in anticipation of the joint meeting today with ACHD. It talks about engaging
VRT, ITD, and the other cities within Ada county to talk about things like public
transportation, state highways, and not maybe overbuilding the -- I will try to get it, so that
you can read that entire paragraph. To work with ITD so they don't -- ACHD doesn't
overload their portion of the network, because ITD was failing to do some of their
improvements, Chinden was an example we even talked about during the Paramount.
ACHD may overreact on McMillan and, then, Chinden gets widened and maybe you don't
need to make McMillan seven lanes. So, I have really paired that down, again, at the
direction of Councilman Rountree and I would just like to read to you to replace with what
you see on the screen now as -- as a follow up instinct we are meeting with the council
and myself. This is in the Mayor's voice. On April 7th. We encourage you to continue the
dialogue about potential partnerships with other agencies, particularly VRT, ITD, and the
cities within Ada county. And it just -- it ends with the transportation network is not made
up solely of ACHD roadways, so, please, let us know how we can support you in having a
dialogue with these agencies and the other cities. Please come forward. It takes all of
that and makes it two sentences. Again, kind of a thank you for meeting with us today
and it doesn't say anything here that was really talked about today. So, that's -- that's
what I heard. So, I can give it to the Mayor to review and edit. If the Council is
comfortable with that -- this version. But I stand before you now to seek your approval of
the priorities for 2015. Oh. One more thing. Since Brian made the map for me, I would
be remiss if I didn't at least put it up. Last year you all requested a visual of how the
projects lay out around our city and area of impact. So, this is updated for this year with
roadway and intersection priorities. The bigger the box you will circle the higher the
number priority rank. So, you can see 26 is smaller than a four. So, one through five is a
certain diameter, five through ten, 11 through 15 and so on and so forth. So, this is kind
of what that -- in visual form what our priority list looks like and I will let you take that in for
a minute, because this is -- you don't have this in your packet. But, again, Madam Mayor,
not a lot has changed since we talked about this three weeks earlier. I hope you have all
had a chance to look at the list and I am ready with my pen if we need to change anything,
so --
De Weerd: Thank you, Caleb. And I love the visual, so let's make sure to have that next
year --
Hood: We will keep on doing that.
De Weerd: -- as we are looking at the list, because this makes it make a lot more sense.
Council, any questions or comments? Changes needed?
Bird: I have none.
Rountree: I'm okay with the changes and --
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April 7, 2015
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De Weerd: Yes.
Bird: I am, too. Yeah. Go for it.
Rountree: Joe was not there today, but it was a good session with ACHD. We talked
about partnerships, being involved in the railroads --
De Weerd: Is your mike on?
Rountree: It should be. Okay. And getting those relationships started moving forward
and they were receptive to that.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I think another thing that we -- I took away from today was we need to make sure
that we get with ITD, ACHD, ourselves, and not let Linder overpass fall under the -- it took
us -- with Locust Grove it took us about two -- two years to get that going, because the
ITD usually goes and gets federal money and you have that deal, but I think -- I think
that's one of the major items that we need for our transportation in this city is -- and, then,
we are done with overpasses and, then, when they get the interchange at McDermott we
are done. So, I think it's something that we need to just get a -- not let it fall through the
cracks and I think ACHD was very receptive to that, too. I liked their attitude today.
Rountree: Yeah.
De Weerd: Okay. Well, we will move forward and -- with the letter and the list as is and
appreciate all your work and thank Brian for the visual. Okay?
Item 11: Ordinances
A. Ordinance No. 15-1640: Repealing And Replacing Meridian City
Code Section 3-1-2, Regarding Authorization Of FBI National
Criminal History Records Checks
De Weerd: Item 11-A is Ordinance 15-1640. Madam Clerk, will you, please, read this by
title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1640, an
ordinance repealing and replacing Meridian City Code Section 3-1-2 regarding
authorization of FBI National Criminal History record checks, adopting a savings clause,
and providing an effective date.
De Weerd: You have heard this read by title. No one is here, so do I have a motion?
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 15-1640 with suspension of rules.
Rountree: Second.
De Weerd: You're not no one, but --
Bird: I know the lieutenant didn't want it read. He didn't want to read it.
De Weerd: Madam Clerk, will you, please, call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Ordinance No. 15-1641: An Ordinance (AZ 14-015) for the
Annexation and Rezone of a Parcel of Land Being a Portion of
the N 1/2 of the SW 1/4 of the NW 1/4 of Section 5, Township 3
South, Range 1 East, Ada County, Idaho, Establishing and
Determining the Land Use Zoning Classification of Said Lands
from RUT to R-8 and Providing an Effective Date
De Weerd: I didn't mean no one was here, just no one from the public. Okay. 11-B is
Ordinance 15-1641. Madam Clerk, will you, please, read this by title.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1641, an
ordinance AZ 14-015, Granton Square for annexation and rezone of a parcel of land being
a portion of the north one half of the southwest one quarter of the northwest one quarter of
Section 5, Township 3 North, Range 1 East, Ada county, Idaho, as described in
Attachment A and annexing certain lands and territories situated in Ada county, Idaho,
and adjacent and contiguous to the corporate limits of the City of Meridian as requested
by the City of Meridian, establishing and determining the land use zoning classification of
said lands from RUT to R-8, medium density residential district in the Meridian City Code,
provided 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: You have heard this read by title. Council, do I have a motion to approve?
Meridian City Council
April 7, 2015
Page 75 of 76
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 15-1641 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 11-B. Madam Clerk, will you
call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 12: Future Meeting Topics
De Weerd: Under Item 12, Council, any agenda items for future meetings?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Does everybody know that tomorrow's meeting with Ada County
Commissioners has been canceled?
Bird: Yeah.
Zaremba: Okay. I was the last to learn that.
De Weerd: Well, you know, save the best for last.
Zaremba: Okay.
De Weerd: Do I have motion to adjourn into Executive Session?
Bird: Madam Mayor?
Borton: Madam Mayor?
Bird: Go ahead, Joseph.
Change Order 1 to Contract 10264.c
This scope of services is for the Consultant to assist the City of Meridian through the comment
and implementation phases of the pending NPDES permit, participation in the TMDL process,
and assistance in water quality negotiations with EPA and DEQ. Additional services will be on
call and will vary depending on the progression of the TMDL by the regulators.
The proposed scope of Consultant services is identified in the following tasks. Consultant will
commence with services upon written notice to proceed.
Task 100 - Project Management
Objective
Provide scope, schedule, and cost control services; and initiate and attend project coordination
meetings during the life of the project.
Approach
The approach involves completing necessary project management tasks.
• Communicate frequently to the City and the project team through progress reports and email
communications including the identification of information requirements or decisions to be
made by the City.
• Weekly review of project team charges.
• Monthly review of remaining budget.
• Monthly project management coordination meetings between City of Meridian project
manager and HDR project manager.
• Prepare invoices for the work progress to date and the budget expenditures to date (1 copy
each month).
• Project Guide and QC Plan for the FY2015 work plan will be updated and used for this
project.
• Provide quality control review of project deliverables.
Assumptions
• Invoice format will follow standard format by the Consultant.
• Quality control reviews will be conducted with each task.
• Project management plan will not be submitted to City.
City Input
• Feedback on project progress.
• Interface with Consultant on project issues.
• Process invoices within 30 days of receipt.
Deliverables
• Invoices and progress reports (1 copy each month), through September 2015.
Task 200 - Technical Services
Objective
Provide the City with technical services to support NPDES strategy development, permitting
assistance, and TMDL technical support and documentation.
Approach
Examples of the activities that could be provided under this task include:
• Continue technical support of the Lower Boise River TMDL.
• Review receiving water quality data in Fivemile Creek and Boise River.
• Continue to closely monitor the development of the TMDL, provide comments and
work with DEQ on the modeling, analysis, and TMDL language, and provide updates
to the City.
• Perform AQUATOX model scenarios to support the TMDL and the City's interests.
Maintain the strategic approach and support activities with the compliance schedule.
• Conduct internal strategy workshops/meetings.
• Task includes necessary preparation time for the review and presentation of
information for strategy decisions, conducting the meeting, and meeting minutes and
initial of paths forward for action items.
• Meetings with EPA and/or DEQ to discuss issues related to the City of Meridian's
NPDES permit and TMDL development.
• Attending and actively participating in Lower Boise Watershed Council meetings and/or
special meetings that are called and of which the City of Meridian is invited to attend,
including the Boise River Phosphorus TMDL TAC meetings, municipal group meetings,
and modeling/policy meetings.
• Developing technical content to present.
• Support the technical modeling required in the TMDL.
• Highlighting to EPA specific issues with other draft NPDES permits in written
documentation in preparation of supporting specific issues for the City of Meridian's draft
NPDES permit.
• Preparation of technical comments on other Boise River discharge permits.
• Prepare comment document related to specific technical issues for inclusion in
material submitted to EPA.
Assumptions
• Internal meetings will be conducted at Meridian City Hall, Meridian Water Resource
Recovery Facility or HDR's Boise office.
• This task will continue through September 2015.
• Data will be readily accessible through agency websites or provided by the Owner.
City Input
• Representatives from the City of Meridian Public Works Department will attend workshops,
will provide all information regarding Meridian's background meetings and correspondence
with EPA and DEQ, and will engage in strategy development.
• Discuss non-technical (i.e., legal) issues with legal counsel - City Attorney and/or outside
counsel.
• If legal services become necessary, the City of Meridian Legal Department will contract
separately with outside counsel who is not representing other dischargers in the Boise River
watershed.
• City of Meridian will provide one set of reconciled comments on deliverables that require
review within three business days.
• City of Meridian staff will notify Consultant of invitations to open and special meetings.
• City will provide available data regarding the Fivemile Creek physical and water quality data.
• City will provide reviews of compiled data based on local knowledge.
Deliverables
• PowerPoint presentations will be provided in Adobe .pdf formats.
• Meeting minutes and notes via email.
STAFF
Key Consultant staff and roles for this NPDES permit strategy and technical assistance includes:
• David Clark, Project Principal, will conduct strategy workshops and discussions, will conduct
discussions with EPA and DEQ, and direct all tasks
• Michael Kasch, Senior Project Engineer, will provide compilation of supporting information
including attendance at DEQ/LBWC meetings, and meeting preparations
• Haley Falconer, Project Manager, will provide support including necessary project
management activities, and additional technical support for tasks as directed by Project
Principal, Engineer Principal, or Senior Project Engineer.
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Bruce Chatterton
Date: 4/1/2015
Re: April 7h City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
April 70' City Council Consent Agenda for Council's consideration.
Approval of Change Order No. 1 to Pegasus Planning and Development for the
"PROJECT DEVELOPMENT PLAN — MULTI PURPOSE EVENT CENTER" project
for a Not -To -Exceed amount of $7,000.00.
Recommended Council Action: Approval of Change Order No. 1 to Pegasus
Planning and Development for the Not -To -Exceed amount of $7,000.00.
Thank you for your consideration
0 Page 1
Effective Date: April 1, 2015
Developer
Wolf Apps, LLC
1670 Avonlea Drive
Rockwall, TX 75087
tim,'ivapps4ems.com
Development Fee $6,295
EMS PROTOCOL APP
DEVELOPMENT AGREEMENT
Customer
City of Meridian
33 E Broadway Ave
Meridian, ID 83642
Download Fee $0
This Emergency Medical Service Protocol Application Development Agreement (the Agreement)
is entered into by and between Wolf Apps, LLC, a Texas limited liability company (Wolf Apps) and
Meridian Fire Department (Customer) as of the Effective Date.
1. Scope of Services.
1.1. Development. Wolf Apps will use reasonable efforts to create the EMS Protocol Application
for Customer (the App) to be posted by Wolf Apps on Android Market and Apple Online Store.
Customer will provide Customer's medical protocols in electronic format to Wolf Apps. Wolf Apps will
make no corrections or additions to Customer's medical protocols, but will transfer the data exactly as
written to the App. Upon receiving written or verbal approval of Customer and payment of the
Development Fee, Wolf Apps will submit the App to the Android Market and Apple Online Store for
posting.
1.2 Acceptance. Wolf Apps will create and provide a test version of the App for review and
verification of accuracy by Customer. If the App fails to conform to the Customer's medical protocols,
Customer must notify Wolf Apps of the specific changes required, by submitting the requested changes in
electronic format within ten (10) business days of receipt of the test version. Wolf Apps will use
reasonable efforts to correct the App; provided that upon the fifth or any subsequent rejection of the
proposed corrected App by Customer, either party may terminate this Agreement without further
obligation or liability of any kind. If no correction is requested by Customer, the date of acceptance will
be the tenth (10'h) business day after receipt of the test version by Customer.
1.3. Updates and Convections. After posting the App and during the Term of this Agreement, if it
becomes necessary to correct or update the software or content of the App, Customer will notify Wolf
Apps by submitting the requested changes in electronic format. Wolf Apps will make all requested
revisions within 15 days of receiving the request. The revisions will be delivered to the end-user through
the push -notification service of Android Market and Apple Online Store. Any Additional maintenance
and updates beyond the term of this agreement will be performed by Wolf Apps pursuant to an additional
maintenance agreement between the parties.
2. Ownership.
2.1. As between the parties, Wolf Apps exclusively will have all right, title and interest, including
all patent rights, copyrights, trade secret rights and other rights throughout the world (collectively
Intellectual Property Rights ) in the Wolf Apps materials and all portions of the App not owned or
provided by Customer. Except as expressly provided in this Agreement, Customer will have no right or
license in Intellectual Property Rights of Wolf Apps.
2.2. As between the parties, Customer exclusively will have all right, title and interest, including
all patent rights, copyrights, trade secret rights and other rights throughout the world (collectively
Intellectual Property Rights) in all Customer materials provided to Wolf Apps for the development of the
App. Except as necessary to perform its obligations under this Agreement, Wolf Apps will have no right
or license in the Intellectual Property Rights of Customer.
3. Representations and Covenants.
3.1. Wolf Apps warrants that the services provided will be of professional quality conforming to
generally accepted practices governing the development and design of applications.
3.2. Wolf Apps further warrants, covenants and represents that, in its performance under this
Agreement, it will not knowingly introduce, through data transmission via any medium, any virus, worm,
or contaminant intended to damage the software or other property used by Customer (Harmful Code). In
the event that Wolf Apps introduces a Harmful Code, then, as Customer's sole and exclusive remedy,
upon receiving notice from Customer, Wolf Apps will at no cost to Customer use reasonable efforts to
provide and post a new App without Harmful Code.
3.3. Notwithstanding anything else contained in this Agreement, this warranty will be deemed to
be a warranty for current performance and will not apply until the Development Fee is paid by Customer.
For the purpose of any applicable Statute of Limitation, discovery of any breach of this warranty will be
deemed to have been made when the Customer has actually experienced each such breach of this
warranty.
4. Charges and Terms of Payment.
4.1. Development Fee. 50% of the payment for development of the App (Development Fee) will
be due upon execution of this contract. Payment of the remainder due, including any additional fees
incurred due to changes to the originally agreed upon scope of work, will be due upon written or verbal
approval of the App and before it is published to the App Store and Android Market.
4.2. Terms. Each payment pursuant to this Agreement will be made in U.S. dollars in and from
the United States. Customer will pay all taxes levied against or upon the services provided under this
Agreement.
4.3. Download Fee. Each end user will pay the Download Fee (if applicable) to the App Store or
Android market to download the App from the App Store or Android Market to each device. Customer
will have no right or interest in any Download Fee paid by the end users for the App.
5. Limitation of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WOLF APPS
MAKES NO WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE APP, CUSTOMER MEDICAL
PROTOCOLS OR THE USE OF THE APP BY CUSTOMER OR ANY THIRD PARTY, AND DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
6. Term and Termination.
6.1. This Agreement will commence as of the Effective Date and will continue in full force and
effect until one year from the Effective Date, at which time this Agreement will terminate and the Parties
will have no further obligation or liability except as provided herein.
6.2. In the event of any material breach of this Agreement by either party, the other party may
terminate this Agreement by giving thirty (30) days written notice to the other party; provided, however,
that any such termination will not be effective if such other party has cured the breach of which it has
been notified before the expiration of thirty (30) days.
6.3. Sections 2, 3, 7, 8, 9 10, and 11 will survive any Termination of this Agreement.
6.4. Termination will not affect any rights of Wolf Apps to payment accrued prior to termination.